Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., is the federal law that establishes minimum wage, overtime pay requirements, recordkeeping requirements, and child labor standards for most private and public employers. Under the FLSA, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked over 40 per workweek.

Am I entitled to overtime pay in Louisiana?

If you are a non-exempt employee under the FLSA, yes — you are entitled to overtime pay at 1.5x your regular rate for hours worked over 40 in a workweek. Many workers are misclassified as exempt by employers seeking to avoid overtime obligations. Common exemptions (executive, administrative, professional) have specific legal requirements that many employers misapply.

What is minimum wage in Louisiana?

Louisiana does not have a state minimum wage law — it defaults to the federal minimum wage of $7.25 per hour under the FLSA. For tipped employees, the federal tipped minimum wage is $2.13/hour as long as tips bring total compensation to at least $7.25/hour; if not, the employer must make up the difference.

What is employee misclassification?

Employee misclassification occurs when an employer incorrectly classifies a worker as an independent contractor instead of an employee, or as an exempt (salaried) employee instead of non-exempt (hourly). Misclassification deprives workers of overtime pay, minimum wage protections, FMLA rights, workers' compensation, and other benefits. It is one of the most common forms of wage theft.

Can I recover unpaid overtime from my employer?

Yes. Under the FLSA, you can recover: back pay for unpaid overtime (up to 2–3 years depending on whether the violation was willful); liquidated damages equal to the amount of back wages owed (effectively doubling your recovery); and attorney's fees and court costs. Class and collective actions are common in FLSA cases, allowing groups of employees to sue together.

Wage theft is any form of employer conduct that deprives workers of legally owed wages. It includes: refusing to pay overtime; requiring off-the-clock work; making illegal deductions from paychecks; failing to pay for all time worked; misclassifying workers to avoid overtime; and tip theft. Wage theft is illegal under the FLSA and may also violate Louisiana law.

What is the statute of limitations for FLSA claims?

FLSA claims have a 2-year statute of limitations for non-willful violations and a 3-year statute of limitations for willful violations. You can only recover wages for the applicable period going back from the date you file suit. Do not delay — each passing week may reduce your potential recovery.

Can I be fired for filing a wage claim?

No. The FLSA's anti-retaliation provision (29 U.S.C. § 215(a)(3)) prohibits employers from retaliating against employees who file FLSA complaints, participate in FLSA proceedings, or assert FLSA rights. Retaliatory discharge or adverse action entitles the employee to additional reinstatement, back pay, and damages.

What is a collective action under the FLSA?

A collective action is a group lawsuit under the FLSA where employees with similar wage claims can join together as a group (opt-in class). This is procedurally different from a Rule 23 class action — FLSA collective members must affirmatively opt in. Collective actions allow similarly situated employees to pool resources and pursue claims that might be too small to litigate individually.

Does Louisiana have its own wage payment law?

Yes. Louisiana's Wage Payment Act (La. R.S. 23:631 et seq.) requires employers to pay all earned wages promptly upon termination or resignation — unpaid final wages within 3 days if requested. Employers who willfully fail to pay final wages may owe the employee an additional penalty of up to 90 days' wages plus attorney's fees.

Employment Law

Unpaid Overtime & Wage Theft Lawyer — Louisiana

FLSA · Unpaid Overtime · Worker Misclassification · Wage Theft

Louisiana employees are protected by the Fair Labor Standards Act (FLSA), which requires overtime pay at 1.5x the regular rate for hours over 40 per week. Employers who misclassify workers as independent contractors or exempt employees, require off-the-clock work, or otherwise fail to pay legally owed wages commit wage theft. Recoverable damages include back wages, equal liquidated damages (effectively doubling the recovery), and attorney's fees. The statute of limitations is 2–3 years.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Employment Law — Wage & Hour, FLSA · Last Updated: September 21, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Common Wage & Hour Violations

Unpaid Overtime

Employer fails to pay 1.5x rate for hours over 40/week — or miscalculates the regular rate.

Off-the-Clock Work

Required to work before clocking in, during lunch, or after clocking out.

Independent Contractor Misclassification

Classified as contractor to avoid overtime, benefits, and workers' comp.

Exempt Misclassification

Labeled 'salaried exempt' without meeting the specific legal requirements for exemption.

Tip Theft

Employer takes a share of tips beyond lawful tip pool arrangements.

Failure to Pay Final Wages

Not paying all earned wages promptly upon termination under Louisiana's Wage Payment Act.

Speak With a Wage & Hour Attorney

Jonathan M. Rhodes represents Louisiana employees in FLSA claims and wage theft cases. Free confidential consultation.

Schedule a Consultation (504) 475-0975

Related Employment Law Resources

Wrongful Termination

Fired for asserting wage rights.

Workplace Retaliation

Retaliation for filing a wage claim.

Employment Law Hub

All employment law services.

Wage & Hour Claims in Louisiana — FAQ

Protect Your Workplace Rights

FLSA statute of limitations: 2–3 years. Every week of delay reduces your potential recovery. Free consultation.

Schedule a Free Consultation (504) 475-0975