Louisiana overtime laws primarily follow the federal Fair Labor Standards Act, as the state does not have its own overtime statute for most employers. Under these rules, most non-exempt employees are entitled to overtime pay when working more than 40 hours in a workweek.
This guide explains overtime rules under federal and Louisiana labor laws, including who is entitled to overtime pay, pay rates, exemptions, rules for salaried and tipped employees, compensatory time, and penalties for violations.
Overtime Laws Summary
| State overtime law | No separate law |
| Federal law | Overtime applies after 40 hours in a workweek under the Fair Labor Standards Act |
| Overtime pay rate | 1.5 times the employee’s regular hourly rate |
| Louisiana minimum wage | $7.25 per hour |
| Minimum overtime rate | $10.88 per hour |
| Comp time instead of overtime pay | Allowed for certain public-sector employees |
| Salary threshold for overtime exemption | $684 per week |
This Article Covers
- Overtime Pay Rates in Louisiana
- Who is Entitled to Overtime Pay in Louisiana?
- Overtime Exemptions in Louisiana
- Is Compensatory Time Allowed in Louisiana?
- Overtime Pay for Tipped Employees in Louisiana
- Overtime Pay for Salaried Employees in Louisiana
- Overtime Pay for Commissioned Employees in Louisiana
Overtime Pay Rates in Louisiana
Louisiana overtime laws require employers to follow the federal Fair Labor Standards Act (FLSA) rules. Eligible employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
Since the Louisiana minimum wage remains at $7.25 per hour in 2026, the state’s minimum overtime rate is $10.88 per hour.
What counts as hours worked for overtime?
For overtime calculations, hours worked include all the time an employee is required to be at the job site, on duty, or actively performing work tasks.
Under the FLSA, overtime is not automatically triggered by working weekends, holidays, or scheduled days off. Instead, overtime pay applies only when total hours exceed 40 in a single workweek.
What is a workweek under the FLSA?
A workweek is a fixed period of 168 hours, that’s seven consecutive 24‑hour days. Employers can start the workweek on any day and at any time, but once set, it must remain consistent.
For wage and overtime purposes, each workweek is treated separately. Employers cannot average hours across multiple weeks to avoid paying overtime.
Who is Entitled to Overtime Pay in Louisiana?
Most non-exempt employees in Louisiana are entitled to overtime pay. Eligibility depends on an employee’s salary level and job duties.
As of 2026, employees earning less than $684 per week are entitled to overtime, unless they fall under specific FLSA exemptions. Employers must, however, evaluate both salary and job duties, not just pay level, when determining an employee’s eligibility for overtime pay.
For a deeper breakdown, refer to our guide on overtime rights in Louisiana.
Overtime Exemptions in Louisiana
Despite the purpose of overtime laws being to safeguard workers against employer exploitation, certain groups and professions are exempt from overtime pay under the Fair Labor Standards Act. These include:
- Executive, administrative, professional employees earning atleast $684 per week
- Highly compensated employees earning more than $107,432 per year
- Computer employees earning at least $27.63 per hour
- Outside sales employees
- Aircraft salespeople
- Drivers, their helpers, loaders, and mechanics under certain conditions
- Commissioned salespersons under certain conditions
- Seasonal and recreational workers
- Airline employees
- Amusement/recreational employees in national parks/forests/Wildlife Refuge System
- Casual babysitters
- Buyers of agricultural products
- Caretakers of the elderly
- Domestic employees who live with their employers
- Federal criminal investigators
- Livestock auction workers
- Motion picture theatre employees
- Newspaper deliverers
- Railroad employees
Read the full list in the FLSA guide to exempted categories.
Is Compensatory Time Allowed in Louisiana?
Compensatory time (comp time) is not allowed for private-sector employees in Louisiana.
However, certain public agency employees may receive compensatory time off instead of overtime pay at a rate of 1.5 hours for each overtime hour worked.
Municipalities can also give comp time if it is allowed under a collective bargaining agreement, memorandum of understanding, or a prior agreement between the employer and employee.
Employees can accrue up to 480 hours of comp time. Once that limit is reached, additional overtime must be paid in cash.
If accrued comp time is cashed out, it must be paid at the employee’s current regular rate of pay. Upon termination, unused comp time must be paid at the higher of the employee’s average rate over the last three years or their final rate.
Employees, such as municipal police, must be allowed to use comp time within a reasonable period after requesting it, unless doing so would disrupt operations.
To qualify for comp time, employees must be non-exempt under the FLSA and be eligible for overtime pay.
Overtime Pay for Tipped Employees in Louisiana
Employees who earn more than $30 in tips per month are classified as tipped employees in Louisiana. Employers are allowed to pay tipped employees a lower cash wage of $2.13 per hour and may apply a tip credit of up to $5.12 per hour.
However, if a tipped employee’s total hourly wage, including tips, does not reach the state’s minimum wage ($7.25), the employer is required to pay the difference.
Tipped employees are entitled to overtime pay at 1.5 times the full minimum wage in Louisiana, not the reduced cash wage.
The minimum overtime rate is: 1.5 x $7.25 = $10.88 per hour
Overtime Pay for Salaried Employees in Louisiana
Salaried employees in Louisiana are paid a fixed amount each pay period, regardless of the exact number of hours worked. In most cases, this salary cannot be reduced based on the quality or quantity of work performed, and employees must receive their full salary for any week in which they perform work.
For non‑exempt salaried employees under the Fair Labor Standards Act (FLSA), overtime is calculated using their regular hourly rate. This rate is determined by dividing the weekly salary by the number of hours the salary is meant to cover.
Example:
Weekly salary: $720 for a 36‑hour workweek
Regular hourly rate: $720 / 36 = $20 per hour
Overtime rate: 1.5 x $20 = $30 per hour
If the employee works more than 40 hours in a workweek, they must be paid overtime at 1.5 times their regular rate for those additional hours. If the salary covers fewer than 40 hours, the employee is paid their regular hourly rate for extra hours up to 40, with overtime pay starting only after 40 hours are exceeded.
Employers can use Jibble’s overtime calculator to estimate overtime wages and explore more about salaried employee rights in Louisiana.
Overtime Pay for Commissioned Employees in Louisiana
In Louisiana, overtime pay for employees who earn commissions is calculated under the Fair Labor Standards Act (FLSA). Overtime is based on 1.5 times the employee’s regular hourly rate, which includes both base pay and commissions, no matter how or when those commissions are paid.
Calculating overtime for weekly commissions:
If commissions are paid weekly, they are added to the employee’s other earnings for that week. The total earnings are then divided by the total hours worked to determine the regular hourly rate. For hours beyond 40, the employee must be paid an additional half of that rate per overtime hour, since the straight‑time portion is already covered.
Calculating overtime for delayed or multi‑week commissions:
If commissions are paid later or cover multiple weeks, employers must recalculate and adjust overtime pay once the commission amount is known, distributing it fairly across the relevant workweeks.
Example:
Weekly base pay: $7.25 per hour × 40 hours = $290
Commission earnings in the week: $145
Total weekly earnings: $290 + $145 = $435
Hours worked in the week: 45
Regular hourly rate: $435 / 45 = $9.67
Overtime rate: $9.67 × 1.5 = $14.51 per hour
Overtime pay for the week: 5 hours × $14.51 = $72.55
Employers and employees can learn how to calculate overtime pay in Louisiana to estimate overtime wages and comply with overtime laws.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
