The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Yoursheka D. Butler.
DIGEST
SB 149 Original 2023 Regular Session Carter
Proposed law establishes a state minimum wage and sets it at $10.00 per hour beginning January 1,
2024.
Proposed law provides that the state minimum wage shall be $12.00 per hour beginning on January
1, 2026.
Proposed law provides that the state minimum wage shall be $14.00 per hour beginning on January
1, 2028.
Proposed law provides that if the federal minimum wage is raised, the state minimum wage shall also
be raised to that level.
Proposed law provides that, in addition to any other remedy provided by law, an employee has the
right to file a civil lawsuit for damages against the employer for a violation of the provisions of
proposed law.
Proposed law provides that the employee's civil lawsuit may be filed in a parish, city, or district court
of proper venue in the following manner:
(1) If the employer is a natural person or a corporation, partnership, or limited liability company,
the employee's lawsuit will 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 the general rules of venue as set forth in present law (La. Code
of Civil Procedure).
(2) If the employer is the state, venue for the civil action will be proper in the 19th Judicial
District Court in East Baton Rouge Parish.
(3) If the employer is a public entity other than the state (e.g., a local government or a local
political subdivision), venue will be proper in the parish of its domicile.
Proposed law provides that an employer who violates proposed law by paying an employee less than
the state minimum wage will 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 obligated to pay
by proposed law, plus reasonable attorney fees and court costs associated with the civil action.
Proposed law provides that a lawsuit filed by the employee to recover wages for a violation of
proposed law must be commenced within three years from the date that an employee becomes aware that the employer is in violation of proposed law.
Proposed law requires the clerk for each court to maintain a docket for the record of cases filed
pursuant to the provisions of proposed law. Provides that beginning February 1, 2024, the dockets
are to be submitted monthly to the La. Workforce Commission.
Proposed law requires that on or before March 1, 2025, and each March first thereafter, the La.
Workforce Commission 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, and
submit the list of information to the Senate and House committees on labor and industrial relations
and the governor's office.
Proposed law does not apply to any of the following:
(1) Student employees of the state.
(2)Student employees of state colleges and universities.
(3) Student employees of a private employer.
(4)Tipped employees and agriculture employees who are also exempted from federal minimum
wage laws.
Proposed law authorizes the La. Workforce Commission to promulgate rules and regulations
pursuant to the provisions of the Administrative Procedure Act that may be necessary for the
implementation of the provisions of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 23:671-677)