HLS 23RS-726 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 374
BY REPRESENTATIVES LARVADAIN AND NEWELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
EMPLOYMENT/WAGES-MINIMUM: Establishes a state minimum wage rate
1 AN ACT
2To enact R.S. 13:753.1 and 1217 and Chapter 6-B of Title 23 of the Louisiana Revised
3 Statutes of 1950, to be comprised of R.S. 23:671 through 677, relative to minimum
4 wage; to establish a state minimum wage; to provide for an annual increase of the
5 minimum wage; to provide for civil remedies; to provide for damages; to provide for
6 venue; to provide for the limitation of actions; to require reporting of certain
7 information by the city, parish, and district clerks of court; to provide for exceptions;
8 to provide for enforcement; to provide for effectiveness; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 13:753.1 and 1217 are hereby enacted to read as follows:
12 §753.1. Reporting of information to the Louisiana Workforce Commission for
13 employer violation of wage payments
14 A. Each city, parish, and district clerk of court shall maintain a docket of the
15 record of cases filed pursuant to R.S. 23:672.
16 B. The dockets required by Subsection A of this Section shall be submitted
17 monthly to the Louisiana Workforce Commission.
18 * * *
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1 §1217. Reporting of information to the Louisiana Workforce Commission for
2 employer violation of wage payments
3 A. The clerk of the civil district court shall maintain a docket of the record
4 of cases filed pursuant to R.S. 23:672.
5 B. The dockets required by Subsection A of this Section shall be submitted
6 monthly to the Louisiana Workforce Commission.
7 Section 2. Chapter 6-B of Title 23 of the Louisiana Revised Statutes of 1950,
8comprised of R.S. 23:671 through 677, is hereby enacted to read as follows:
9 CHAPTER 6-B. MINIMUM WAGE
10 §671. Minimum wage; establishment
11 A. Notwithstanding any other provision of law to the contrary, the state
12 minimum wage is established and set as follows:
13 (1) Beginning January 1, 2024, the minimum wage shall be set at ten dollars
14 per hour. Every employer in the state shall pay to each employee wages at a rate of
15 not less than ten dollars per hour for hours worked in a pay period, regardless of how
16 the time at work is measured.
17 (2) Beginning January 1, 2026, the minimum wage shall be set at twelve
18 dollars per hour. Every employer in the state shall pay to each employee wages at
19 a rate of not less than twelve dollars per hour for hours worked in a pay period,
20 regardless of how the time at work is measured.
21 (3) Beginning January 1, 2028, the minimum wage shall be set at fourteen
22 dollars per hour. Every employer in the state shall pay to each employee wages at
23 a rate of not less than fourteen dollars per hour for hours worked in a pay period,
24 regardless of how the time at work is measured.
25 B. If, at any time, the federal minimum hourly wage rate set by Section 6 of
26 the federal Fair Labor Standards Act of 1938, or a successor federal law, is raised to
27 a rate higher than the state minimum wage rate, then the state minimum wage rate
28 shall be increased to the rate of the federal minimum wage rate.
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1 §672. Civil Remedy
2 A. In addition to any other remedy provided by law, an employee shall have
3 a civil right of action for damages against an employer for a violation of the
4 provisions of R.S. 23:671.
5 B. Notwithstanding any provision of law to the contrary, such civil action
6 may be instituted in a parish, city, or district court of proper venue as follows:
7 (1) If the employer is a natural or juridical person, venue for the civil action
8 shall be proper if brought in the parish where the plaintiff is domiciled, or the parish
9 where the work or service subject to minimum wage was performed, or a parish of
10 proper venue pursuant to the general rules of venue as set forth in Code of Civil
11 Procedure Article 42.
12 (2) If the employer is the state, venue for the civil action shall be proper in
13 the Nineteenth Judicial District Court in East Baton Rouge Parish.
14 (3) If the employer is a public entity other than the state, venue shall be
15 proper in the parish of its domicile.
16 §673. Damages
17 Any employer who violates the provisions of R.S. 23:671 shall be liable to
18 the affected employee in the amount of the difference between the amount that the
19 employee was paid and the amount the employer was statutorily obligated to pay
20 pursuant to R.S. 23:671, plus reasonable attorney fees and court costs associated with
21 the civil action.
22 §674. Limitation of action
23 Any civil action filed to recover wages for a violation of this Chapter shall
24 be commenced within three years from the date that an employee becomes aware
25 that the employer is in violation of this Chapter.
26 §675. Notification of information
27 A.(1) The clerk for each court, including the civil district court for the parish
28 of Orleans, shall maintain a docket for the record of cases filed pursuant to the
29 provisions of this Chapter.
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HB NO. 374
1 (2) The dockets required in Subsection A of this Section shall be submitted
2 monthly to the Louisiana Workforce Commission.
3 B. Each March first, and annually thereafter, the Louisiana Workforce
4 Commission shall compile a list of the names of the employers who have violated
5 the provisions of this Chapter, the number of employees affected thereby, and the
6 dollar amount of each violation and submit the list of such information to the House
7 and Senate committees on labor and industrial relations and the office of the
8 governor.
9 §676. Exceptions
10 The provisions of this Chapter shall not apply to the following:
11 (1) Student employees of the state, state colleges and universities, and
12 private employees.
13 (2) Tipped employees and agriculture employees as defined by the federal
14 Fair Labor Standards Act of 1938, or a successor federal law.
15 §677. Enforcement
16 The Louisiana Workforce Commission shall enforce this Chapter and is
17 authorized and directed to promulgate rules and regulations in accordance with the
18 Administrative Procedure Act, R.S. 49:950 et seq., necessary for the implementation
19 of the provisions of this Chapter.
20 Section 3.(A) The monthly dockets required by the provisions of R.S. 13:753.1 and
211217 and R.S. 23:675 as enacted by Sections 1 and 2 of this Act shall be due beginning
22February 1, 2024.
23 (B) The list required to be compiled and submitted by the Louisiana Workforce
24Commission as required by the provisions of R.S. 23:675 as enacted by Section 2 of this Act
25shall be due beginning March 1, 2025.
26 Section 4. This Act shall become effective upon signature by the governor or, if not
27signed by the governor, upon expiration of the time for bills to become law without signature
28by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1this Act is vetoed by the governor and subsequently approved by the legislature, this Act
2shall become effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 374 Original 2023 Regular Session Larvadain
Abstract: Establishes a state minimum wage rate.
Proposed law establishes a state minimum wage and sets it at $10 per hour beginning Jan.
1, 2024.
Proposed law provides that the state minimum wage shall be $12 per hour beginning Jan. 1,
2026.
Proposed law provides that the state minimum wage shall be $14 per hour beginning Jan. 1,
2028.
Proposed law requires that if the federal minimum wage is raised, the state minimum wage
shall also be raised to that amount.
Proposed law provides that in addition to any other remedy provided by law, an employee
shall have a civil right of action for damages against an employer for a violation of the
provisions of proposed law.
Proposed law provides that the employee may file a civil action in a parish, city, or district
court of proper venue in the following manner:
(1)If the employer is a natural or juridical person, venue for the civil action shall be
proper if brought in the parish where the plaintiff is domiciled, or the parish where
the work or service subject to minimum wage was performed, or a parish of proper
venue pursuant to present law.
(2)If the employer is the state, venue for the civil action shall be proper in the 19
th
Judicial District Court in East Baton Rouge Parish.
(3)If the employer is a public entity other than the state, venue shall be proper in the
parish of its domicile.
Proposed law provides that any employer who violates the provisions of proposed law shall
be liable to the affected employee in the amount of the difference between the amount that
the employee was paid and the amount the employer was statutorily obligated to pay, plus
reasonable attorney fees and court costs associated with the civil action.
Proposed law provides that any civil action filed to recover wages for a violation of proposed
law shall be commenced within 3 years from the date that an employee becomes aware that
the employer is in violation of proposed law.
Proposed law provides that on March 1
st
, and annually thereafter, the La. Workforce
Commission (LWC) shall compile a list of the names of the employers who violated the
provisions of proposed law, the number of employees affected, and the dollar amount of
each violation. Proposed law further provides that LWC shall submit an annual list of the
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HB NO. 374
aforementioned information to the House and Senate committees on labor and industrial
relations and the governor's office.
Proposed law provides that proposed law shall not apply to student employees of the state,
state colleges and universities, and private employers and to tipped and agriculture
employees as defined by federal laws.
Proposed law provides that LWC shall enforce proposed law and is authorized and directed
to promulgate rules and regulations in accordance with present law, necessary for the
implementation of the provisions of proposed law.
Proposed law provides that city, parish, and district clerks of court shall maintain a docket
of the record of cases filed pursuant to proposed law. Proposed law further provides that
these dockets shall be submitted monthly to LWC.
Proposed law provides that the clerk of the civil district court for Orleans Parish shall
maintain a docket of the record of cases file pursuant to proposed law. Proposed law further
provides that these dockets shall be submitted monthly to LWC.
Beginning Feb. 1, 2024, dockets required by proposed law shall be submitted monthly to
LWC.
Beginning March 1, 2025, LWC shall compile the list of information required by proposed
law.
Effective upon signature of governor or lapse of time for gubernational action.
(Adds R.S. 13:753.1 and 1217 and R.S. 23:671-677)
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