The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Yoursheka George.
DIGEST
SB 49 Engrossed 2021 Regular Session Carter
Proposed law establishes a state minimum wage and provides that beginning January 1, 2022, the
state minimum wage shall be set at $15 per hour. Every employer in the state shall pay to each
employee wages at a rate of not less than $15 per hour for hours worked in a pay period, regardless
of how the time at work is measured.
Proposed law provides that beginning January 1, 2023, and each January first thereafter, the
minimum wage shall be increased by the percentage increase of the Consumer Price Index for all
Urban Consumers (CPI-U), or its successor index, as calculated by the U.S. Department of Labor,
or its successor agency, for the 12 months preceding the previous September first. Proposed law
provides the minimum wage shall be rounded off to the nearest five cents.
Proposed law provides that if there is a CPI-U decrease, the minimum wage shall not be decreased.
Proposed law provides that the secretary of the La. Workforce Commission (commission) shall
calculate the increase to the minimum wage annually and, by October first of each year, publish on
the commission's website the new minimum wage effective January first of the next year.
Proposed law provides that if, at any time, the federal minimum hourly wage rate is raised to a level
higher than the state minimum wage rate, then the state minimum wage rate shall be increased to the
federal level.
Proposed law provides that if there is an increase in the state minimum wage, Medicaid
reimbursement for home and community-based services will increase at a comparable rate.
Proposed law provides that an employee shall have the right to file an action to enforce a wage claim
against the employer through a summary proceeding as provided by the La. Code of Civil Procedure.
Proposed law provides relative to venue and damages.
Proposed law provides for a prescriptive period of three years from the date that an employee
becomes aware that the employer violated the minimum wage law.
Proposed law provides that the clerk of each court shall maintain a docket for the record of cases
filed pursuant to proposed law and requires these dockets be submitted to the commission monthly.
Proposed law requires that beginning January 1, 2023, the commission shall compile an annual
report containing certain information from the preceding calendar year and shall submit the report
to the legislature and governor on or before March first of each year. Proposed law does not apply to a student learner, defined by federal law, who is employed by any
of the following:
(1)The state.
(2)State colleges and universities.
(3)A private employer.
Proposed law provides that the minimum wage for student learners shall not be less than 75% of the
minimum wage rate in effect in the state.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 23:671-676)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Labor and Industrial Relations
to the original bill
1. Increases the amount of Medicaid reimbursement for home and community-based
services if there is an increase in the state minimum wage.