Louisiana Overtime Laws

Similar to several other states, Louisiana does not have a specific statute covering overtime laws. Thus, Louisiana applies the Fair Labor and Standards Act (FLSA) for its overtime laws: a set of federal laws that force employers to pay workers 1.5 times their ordinary pay rate for any time spent laboring over 40 hours in one week.

Louisiana Overtime Law Summary

Critical aspects of Louisiana overtime law are covered by this below chart.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay (partial list)
    • Sales or retail employees
    • Administrative employees
    • Professionals who require special skills and knowledge and who are paid a salary

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Attempts to Circumvent Louisiana Overtime Laws

Sometimes, an employer may try to get around federal overtime law in Louisiana by telling an employee that they are "salaried," pay them 40 hours worth of minimum wage in one lump sum, and then argue that by doing so, the employee isn't owed overtime. However, this is illegal under the federal overtime laws followed in Louisiana. Even though salaried employees should not get paid overtime, only professional workers with specialized skills or knowledge, sales employees, executives and administrative employees count as being exempt from federal overtime laws. In other words, these professions are not likely jobs that get paid minimum wage.

Exemptions from Overtime in Louisiana

Under federal law, the occupations or employees that are exempt from overtime laws include:

  • Sales or retail employees
  • Administrative employees
  • Professionals who require special skills and knowledge and who are paid a salary
  • Executives of companies
  • Farm laborers
  • Transportation industry workers such as taxi drivers or flight attendants

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Even though Louisiana follows the FLSA, the state can still have some complications with its overtime laws that may be hard to discover. If you wish to learn more details about Louisiana overtime laws, you may talk to a local attorney and undergo a free initial case review.

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