reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:905. Employee access to records

RS 23:905 - Employee access to records
A. The Louisiana Workforce Commission may make available, upon written request by an employee, the employee's wage and employer information. This information shall be provided to the employee or his representative, for lending purposes, tenant screening and insurance underwriting only.
B. The Louisiana Workforce Commission may allow, at the request of the employee, the electronic transmission of the employee's records, directly or through a qualified third-party vendor as defined by the administrator. Such records shall be provided only on an individual inquiry basis and shall not be maintained or reported with other data. Any costs incurred by the commission in providing electronic access to an employee's wage and employment records to a third party shall be paid entirely by the third party.
C. The Louisiana Workforce Commission shall have the authority to promulgate any rules and regulations necessary to carry out the provisions of this Section including assurance for the security of data.
D.(1) Pursuant to this Section, the electronic employment records which the Louisiana Workforce Commission may make available shall be only those records which would otherwise be available to the employee who signed a written authorization for those records. Nothing herein shall authorize any vendor to breach the firewall or secure environment of the Louisiana Workforce Commission's computer systems.
(2) Data shall be exchanged only under strictly controlled conditions. It shall be destroyed after all legitimate uses have been made of it. Secondary release of confidential or privacy-protected data by the vendor for use other than those purposes authorized by this Section shall be strictly prohibited.
(3) Any violation of this Subsection shall be subject to those same penalties as provided for in R.S. 23:75(C)(3).
E. Should any lawsuit be filed by a party who has a cause of action based upon the provisions of this Section, the suit shall name the vendor and suit shall be brought in a state court of competent jurisdiction and venue. The vendor shall indemnify the Louisiana Workforce Commission of any damages, including attorney fees and court costs, associated with a cause of action filed pursuant to this Section, and any associated cost from providing data to a third party vendor shall likewise be indemnified to the Louisiana Workforce Commission.
Acts 2012, No. 822, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:961. Political rights and freedom; restrictions forbidden; penalty; employees' right to recover damages

RS 23:961 - Political rights and freedom; restrictions forbidden; penalty; employees' right to recover damages
Except as otherwise provided in R.S. 23:962, no employer having regularly in his employ twenty or more employees shall make, adopt, or enforce any rule, regulation, or policy forbidding or preventing any of his employees from engaging or participating in politics, or from becoming a candidate for public office. No such employer shall adopt or enforce any rule, regulation, or policy which will control, direct, or tend to control or direct the political activities or affiliations of his employees, nor coerce or influence, or attempt to coerce or influence any of his employees by means of threats of discharge or of loss of employment in case such employees should support or become affiliated with any particular political faction or organization, or participate in political activities of any nature or character.
Any individual person violating the provisions of this Section shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than six months, or both; and any firm, corporation or association violating the provisions of this Section shall be fined not less than five hundred dollars nor more than two thousand dollars.
Nothing herein contained shall in any way be construed to prevent the injured employee from recovering damages from the employer as a result of suffering caused by the employer's violations of this Section.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:962. Discharge because of political opinions; attempt to control votes; penalty

RS 23:962 - Discharge because of political opinions; attempt to control votes; penalty
Any planter, manager, overseer or other employer of laborers who, previous to the expiration of the term of service of any laborer in his employ or under his control, discharges such laborer on account of his political opinions, or attempts to control the suffrage or vote of such laborer by any contract or agreement whatever, shall be fined not less than one hundred dollars, nor more than five hundred dollars and imprisoned for not more than one year.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:963. Purchase of merchandise from particular seller; coercion prohibited; penalty

RS 23:963 - Purchase of merchandise from particular seller; coercion prohibited; penalty
No person shall coerce or require any of his employees to deal with or purchase any article of food, clothing or merchandise of any kind whatsoever from any person, or exclude from work, punish, or blacklist any of his employees for their failure to deal with another or to purchase any article of food, clothing or merchandise whatsoever from another or at any place whatsoever. Nothing contained in this Section shall apply to the sale and purchase of uniforms.
Whoever violates the provisions of this Section shall be fined not less than fifty dollars nor more than one hundred dollars, or imprisoned for not less than thirty days nor more than ninety days, or both.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:964. Discharge of or discrimination against employees for testifying at labor investigation; penalties; enforcement

RS 23:964 - Discharge of or discrimination against employees for testifying at labor investigation; penalties; enforcement
A. No employer shall discharge or in any other manner discriminate against any employee because such employee has testified or furnished any other information in any investigation or proceeding relative to the enforcement of any of the labor laws of this state.
B. Any employer found in violation of Subsection A shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, or imprisoned for not less than thirty days nor more than ninety days, or both.
C.(1) Any person violating the provisions of this Section shall be liable, in addition to the criminal penalty provided in Subsection B, to a civil penalty of up to five hundred dollars.
(2) Reasonable litigation expenses may be awarded to the prevailing party of the adjudicatory hearing. "Reasonable litigation expenses" means any expenses, not exceeding seven thousand five hundred dollars, reasonably incurred in prosecuting, opposing, or contesting an agency action, including but not limited to attorney fees, stenographer fees, investigative fees and expenses, witness fees and expenses, and administrative costs.
D. Civil penalties may be imposed only by a ruling of the assistant secretary of the office of workforce development pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.
E. The assistant secretary of the office of workforce development may institute civil proceedings in the appropriate district court for the principal place of business of the employer to enforce his rulings or seek injunctive relief to restrain and prevent violations of the provisions of this Part or of the rules and regulations adopted under this Part. The court shall award attorney fees and court costs to the prevailing party. In the event judgment is rendered in said court affirming the civil penalties assessed, the court shall also award to the office of workforce development judicial interest on said penalties from the date of such judgment until paid.
F. Out of the civil penalties collected for violations of this Section, expenses incurred in enforcing the provisions of this Section may be paid by the commission.
G. The assistant secretary of the office of workforce development may enforce the civil provisions of this Section, adopt and promulgate such reasonable rules and regulations, and conduct such investigations as he deems necessary to ensure enforcement of this Section.
Acts 1988, No. 855, §1, eff. July 18, 1988; Acts 1993, No. 611, §1, eff. June 15, 1993; Acts 1997, No. 1114, §1, eff. July 14, 1997; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 2007, No. 113, §3.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:965. Jury duty; dismissal forbidden; uninterrupted compensation; penalties

RS 23:965 - Jury duty; dismissal forbidden; uninterrupted compensation; penalties
A.(1) No employer shall discharge or otherwise subject to any adverse employment action, without cause, any employee called to serve or presently serving any jury duty and no employer shall make, adopt, or enforce any rule, regulation, or policy providing for the discharge of any employee who has been called to serve, or who is presently serving on, any grand jury or on any jury at any criminal or civil trial, provided the employee notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty.
(2) Any employer violating the provisions of this Subsection shall be required to reinstate all discharged employees at the same employment, wages, salary, benefits, and other conditions of employment enjoyed by said employees before their discharge. The employer shall additionally be fined not less than one hundred nor more than one thousand dollars for each employee discharged.
B.(1) Any person who is regularly employed in the state of Louisiana shall, upon call or subpoena to serve on a state petit or grand jury, or central jury pool, be granted a leave of absence by his employer, of up to one day, for that period of time required for such jury duty. Such leave of absence shall be granted without loss of wages, or sick, emergency, or personal leave or any other benefit.
(2) Any employer who violates the provisions of this Subsection shall be required to pay the claimant employee his full wages for one day of that period required for jury duty, without reduction in sick, emergency, or personal leave or any other benefit. The employer shall additionally be fined not less than one hundred dollars nor more than five hundred dollars for each offense.
Added by Acts 1974, No. 469, §1; Acts 1993, No. 950, §1; Acts 1999, No. 76, §1; Acts 2003, No. 678, §2.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:966. Prohibition of smoking discrimination

RS 23:966 - Prohibition of smoking discrimination
A. As long as an individual, during the course of employment, complies with applicable law and any adopted workplace policy regulating smoking, it shall be unlawful for an employer:
(1) To discriminate against the individual with respect to discharge, compensation, promotion, any personnel action or other condition, or privilege of employment because the individual is a smoker or nonsmoker.
(2) To require, as a condition of employment, that the individual abstain from smoking or otherwise using tobacco products outside the course of employment.
B. A smoker, as referred to herein, is limited to a person who smokes tobacco.
C. Nothing in this Section shall preclude an employer from formulating and adopting a policy regulating an employee's workplace use of a tobacco product or from taking any action consistent therewith.
D. Any employer who violates the provisions of this Section shall be fined up to two hundred fifty dollars for the first offense and up to five hundred dollars for any subsequent offense.
Acts 1991, No. 762, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:967. Employee protection from reprisal; prohibited practices; remedies

RS 23:967 - Employee protection from reprisal; prohibited practices; remedies
A. An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law:
(1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law.
(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law.
(3) Objects to or refuses to participate in an employment act or practice that is in violation of law.
B. An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by Subsection A of this Section. If the court finds the provisions of Subsection A of this Section have been violated, the plaintiff may recover from the employer damages, reasonable attorney fees, and court costs.
C. For the purposes of this Section, the following terms shall have the definitions ascribed below:
(1) "Reprisal" includes firing, layoff, loss of benefits, or any discriminatory action the court finds was taken as a result of an action by the employee that is protected under Subsection A of this Section; however, nothing in this Section shall prohibit an employer from enforcing an established employment policy, procedure, or practice or exempt an employee from compliance with such.
(2) "Damages" include compensatory damages, back pay, benefits, reinstatement, reasonable attorney fees, and court costs resulting from the reprisal.
D. If suit or complaint is brought in bad faith or if it should be determined by a court that the employer's act or practice was not in violation of the law, the employer may be entitled to reasonable attorney fees and court costs from the employee.
Acts 1997, No. 1104, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:968. Whistleblower protection and cause of action

RS 23:968 - Whistleblower protection and cause of action
A. No employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken to report the sexual abuse of a minor child by any fellow employee to law enforcement, whether such fellow employee is a co-worker, supervisor or subordinate.
B.(1) An employee of a public or private entity may bring action for relief against his or her employer, in a court of competent jurisdiction, for damages associated with any action taken by the employee which is in furtherance of the protection of a minor child as is provided for in Subsection A of this Section.
(2) A person aggrieved of a violation of Subsection A of this Section shall be entitled to treble damages plus court costs and reasonable attorney fees.
C. A plaintiff shall not be entitled to recovery pursuant to this Section if the court finds that the plaintiff instituted or proceeded with an action that was frivolous, vexatious, or harassing.
Acts 2012, No. 148, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:981. Declaration of public policy

RS 23:981 - Declaration of public policy
It is hereby declared to be the public policy of Louisiana that all persons shall have, and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join and assist labor organizations or to refrain from any such activities.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:982. Labor organization

RS 23:982 - Labor organization
The term "labor organization" means any organization of any kind, or agency or employee representation committee, which exists for the purpose, in whole or in part, of dealing with employers concerning wages, rates of pay, hours of work or other conditions of employment.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:983. Freedom of choice

RS 23:983 - Freedom of choice
No person shall be required, as a condition of employment, to become or remain a member of any labor organization, or to pay any dues, fees, assessments, or other charges of any kind to a labor organization.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:985. Penalties

RS 23:985 - Penalties
Any person who directly or indirectly places upon any other person any requirement or compulsion prohibited by this Part shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding one thousand dollars and/or imprisonment for a period of not more than ninety days.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:986. Injunctive relief

RS 23:986 - Injunctive relief
Any employee injured as a result of any violation or threatened violation of the provisions of this Part shall be entitled to injunctive relief against any and all violators or persons threatening violation, and may also recover any and all damages of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this Part.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:987. Duty to investigate

RS 23:987 - Duty to investigate
It shall be the duty of the attorney general of this state, and of the district attorney of each city and parish, to investigate any complaints of violation of this Part and to prosecute all persons violating any of the provisions of this Part, and to take all means at their command to insure effective enforcement of the provisions of this Part.
Added by Acts 1976, No. 97, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:991. Purpose, enforcement

RS 23:991 - Purpose, enforcement
The purpose of this Part is to exercise the state's police powers to regulate employment relations in order to protect workers within the state. The Louisiana State Police, the criminal sheriffs, and the local police departments for the various political subdivisions of this state shall enforce the provisions of this Part; except that R.S. 23:995 shall be enforced by the Louisiana Workforce Commission.
Added by Acts 1979, No. 534, §1; Acts 1985, No. 894, §1; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:992. Employment of certain aliens; prohibition

RS 23:992 - Employment of certain aliens; prohibition
No person, either for himself or on behalf of another, shall employ, hire, recruit, or refer, for private or public employment within the state, an alien who is not entitled to lawfully reside or work in the United States.
Added by Acts 1979, No. 534, §1; Acts 1985, No. 894, §1; Acts 1986, No. 903, §1.
{{NOTE: ACTS 1986, NO. 903, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:992.1. Exemptions

RS 23:992.1 - Exemptions
A. The legislature finds that because of requirements related to weather conditions that are peculiar to the planting and harvesting of agricultural and horticultural products and other conditions peculiar thereto, including the perishable nature thereof, which peculiar conditions are likewise applicable to the production of livestock, dairy, and poultry products and the practice of animal husbandry, including the care, feeding, and training of horses and because of the substantial impact of such activities on the economy of the state that the provisions of this Part should not be and are not made applicable to the activities exempted from this Part as provided in Subsection B of this Section.
B. The provisions of this Part shall not apply to:
(1) Aliens employed in the planting and harvesting, on the premises where produced, of agricultural, forestry, or horticultural products.
(2) Aliens employed in the production and gathering on the premises where produced, of livestock, dairy, or poultry products.
(3) Aliens employed in the field of animal husbandry.
(4) Aliens employed in the care, feeding, and training of horses.
Acts 1985, No. 894, §2; Acts 1986, No. 903, §1.
{{NOTE: ACTS 1986, NO. 903, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:992.2. Bar to prosecution

RS 23:992.2 - Bar to prosecution
No person shall be prosecuted under the provisions of this Part upon a showing that each and every person in his employ has provided a picture identification and one of the following documents of which the employer has retained a copy for his records:
(1) United States birth certificate or certified birth card.
(2) Naturalization certificate.
(3) Certificate of citizenship.
(4) Alien registration receipt card.
(5) United States immigration form I-94 (with employment authorized stamp).
Acts 1985, No. 894, §2; Acts 1986, No. 903, §1; Acts 2000, 1st Ex. Sess., No. 118, §4, eff. April 19, 2000.
{{NOTE: ACTS 1986, NO. 903, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:993. Penalties

RS 23:993 - Penalties
The penalties for any person who violates R.S. 23:992 shall be as follows:
(1) A first violation shall be punishable by a fine of not more than five hundred dollars, regardless of the number of aliens employed, hired, recruited, or referred in violation of R.S. 23:992.
(2) A second violation shall be punishable by a fine of not more than three hundred fifty dollars for each alien employed, hired, recruited, or referred in violation of R.S. 23:992.
(3) A third or subsequent violation shall be punishable by a fine of not less than five hundred dollars nor more than two thousand dollars for each alien employed, hired, recruited, or referred in violation of R.S. 23:992.
Added by Acts 1979, No. 534, §1. Amended by Acts 1982, No. 303, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:996. Cease and desist order; injunctive relief

RS 23:996 - Cease and desist order; injunctive relief
A. An agency, department, board or commission of the state or any political subdivision may notify the attorney general or the district attorney that the agency has determined, after an investigation initiated by the agency or by a private party's written complaint to the agency, that an employer who operates a Louisiana business or enterprise is knowingly employing an undocumented alien in violation of this Chapter.
B. The attorney general or district attorney in the parish in which the employer is domiciled or in the parish in which the violation occurred is empowered to issue an order to the employer engaged in the activity constituting the violation of the provision of this Chapter directing such employer to cease and desist from such activity and to discharge from employment, for cause, the undocumented workers. Such order shall be issued in the name of the state of Louisiana under the official seal of the attorney general or the official seal of the district attorney and shall be served where the employer is domiciled in the state of Louisiana or the employer's registered agent in the state of Louisiana.
C. If the employer to whom the attorney general or district attorney directs a cease and desist order does not cease and desist the proscribed activity within ten days from service of such cease and desist order by certified mail, the attorney general or local district attorney may cause to issue a writ of injunction enjoining such employer from engaging in any activity proscribed by this Chapter. Such proceeding shall be brought in the district court having civil jurisdiction in any parish in which such employer has as its principal place of business or the parish where the violation has occurred. If the employer in violation of this Chapter is a nonresident entity, such proceeding may be brought in the Nineteenth Judicial District Court for the parish of East Baton Rouge. All other provisions of law relative to injunctive relief apply. Exhaustion of administrative remedies is not a prerequisite to judicial review.
D. Any employer who is found by the court to have violated a cease and desist order of the attorney general or district attorney after it has become final and while such order is in effect, shall forfeit and pay to the state of Louisiana a sum of up to ten thousand dollars, unless the employer shows good cause to the satisfaction of the issuer that the determination was issued in error.
E. Once an employer is found by the court to have violated a cease and desist order of the attorney general or district attorney, the attorney general or district attorney may file a complaint with the appropriate licensing board or boards to have any employer's business license suspended or revoked.
F. The provisions of this Section shall not apply to employers with ten or fewer employees.
Acts 2006, No. 636, §1, eff. June 23, 2006.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1001. Preference in hiring veterans for private employers

RS 23:1001 - Preference in hiring veterans for private employers
A.(1) The intent of the legislature is to authorize private employers to establish a preference in employment for certain veterans which shall be analogous to the system by which the state and city governments give preferences in employment to veterans pursuant to Article X, Section 10 of the Constitution of Louisiana.
(2) It is the intent of the legislature that the provisions of this Section are permissive and not mandatory as it relates to private employers.
B. A private employer may adopt an employment policy that gives preference in hiring to all of the following:
(1) An honorably discharged veteran.
(2) The spouse of a veteran with a service-connected disability.
(3) The unremarried widow or widower of a veteran who died of a service-connected disability.
(4) The unremarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat-related conditions.
C. An employer may voluntarily establish a policy which grants preference in hiring to a veteran or a certain family member of a veteran pursuant to the provisions of this Part.
D. The preferences for the employment of veterans provided for in this Part shall not be considered a violation of any state or local equal employment opportunity law.
Acts 2016, No. 190, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1011. Employment of Louisiana residents as a condition of receiving a state or local tax exemption; residence requirement

RS 23:1011 - Employment of Louisiana residents as a condition of receiving a state or local tax exemption; residence requirement
Notwithstanding any provision of law to the contrary, whenever any state or local tax exemption is granted or authorized by the constitution, law, or rule or regulation which requires employment of, or a preference being given to the employment of, qualified Louisiana residents, "Louisiana resident" shall mean, in addition to any other requirement or qualification, that the person shall have actually resided in this state at least thirty consecutive days prior to such employment.
Acts 1985, No. 970, §3, eff. Aug. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1015.1. Definitions

RS 23:1015.1 - Definitions
Unless the context clearly indicates otherwise, the following words and terms, when used in this Part, shall have the following meanings:
(1) "Child" means a person who is less than the maximum age specified for compulsory school attendance as provided in R.S. 17:221.
(2) "Child day care center" means a facility licensed under the provisions of R.S. 46:1401 et seq., that provides child day care for seven or more children or a school that provides a child day care program authorized by R.S. 17:81(E) or a similar program.
(3) "Employee" means a natural person who is paid compensation in return for the performance of services. Employee includes but is not limited to persons who are paid a salary, hourly wage, or commission in exchange for their performance of the services. Employee does not include an independent contractor or a person who performs services on a fee service basis.
(4) "Employer" means any person, as provided for in Article 24 of the Louisiana Civil Code, who in this state pays compensation to an employee in exchange for the performance of services. Employer does not mean a person who is a client of an independent contractor or a client of a person who provides services on a fee service basis.
(5) "School" means an accredited public or private educational institution that provides educational services to children of compulsory attendance age.
Acts 1993, No. 790, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1015.2. School and day care conference and activities leave

RS 23:1015.2 - School and day care conference and activities leave
A. An employer may grant an employee leave from work of up to a total of sixteen hours during any twelve-month period to attend, observe, or participate in conferences or classroom activities related to the employee's dependent children for whom he is the legal guardian that are conducted at the child's school or day care center, if the conferences or classroom activities cannot reasonably be scheduled during the nonwork hours of the employee. An employee who wishes to request leave under this Part shall provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer.
B. An employer is not required to pay an employee for any time taken as leave pursuant to Subsection A of this Section. However, an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for any leave taken pursuant to this Section.
Acts 1993, No. 790, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1015.3. Rulemaking authority

RS 23:1015.3 - Rulemaking authority
The secretary of the Louisiana Workforce Commission may adopt, amend, suspend, repeal, and enforce rules and regulations to carry out the provisions and purposes of this Part.
Acts 1993, No. 790, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1016. Workers exposed to toxic substances; rights

RS 23:1016 - Workers exposed to toxic substances; rights
A. It is the policy of the state of Louisiana to support the right of workers exposed to toxic substances to obtain information concerning the nature of those substances and consequential adverse health effects. Therefore, any current or former employee or his designated representative shall have a right of access to employer's records of employee exposures to potentially toxic materials or harmful physical agents and employee medical records and any analyses using employee exposure or medical records as provided for in 29 U.S.C. 657 and in 29 C.F.R. 1910.20, "Access to Employee Exposure and Medical Records".
B. Denial of a request for access by an employee or his designated representative shall give rise to a cause of action under the laws of this state to enforce the provisions of this Section.
C. If it becomes necessary for an employee to file a lawsuit to enforce his rights under this Section, he shall be entitled to recover reasonable attorney's fees and costs in addition to access to the records and analyses requested.
Acts 1993, No. 876, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1017.1. Definitions

RS 23:1017.1 - Definitions
Unless the context clearly indicates otherwise, the following words and terms, when used in this Part, shall have the following meanings:
(1) "Benefit" means any advantage, profit, privilege, gain, status, account or interest other than wages or salary for work performed that accrues by reason of the employment or an employer policy, plan or practice that includes rights and benefits under a pension plan, insurance coverage, vacation, or employee stock ownership plan.
(2) "Compensation" means normal or regular base pay, but does not include overtime, per diem, differential pay or any other allowance for expenses incurred.
(3) "Disability" means a physical or mental impairment, which substantially limits one or more of the major life activities including but not limited to: caring for one's self, walking, hearing, speaking, breathing, learning, performing manual tasks and earning a living.
(4) "Employee" means any person employed by any private or public employer including an elected or appointed official.
(5) "Essential functions" means the fundamental job duties of the employment position that the person with a disability held.
(6) "First responder" means a volunteer engaged in activities involving the Governor's Office of Homeland Security and Emergency Preparedness pursuant to R.S. 29:721 et seq., and first responders as defined in R.S. 29:723 including but not limited to medical personnel, emergency and medical technicians, volunteer firemen, auxiliary law enforcement officers, state agency essential workers, emergency service dispatchers, and emergency response operators, and members of the Civil Air Patrol.
(7) "Reasonable accommodation" means those actions taken by the employer including but not limited to training, changes to work schedule, job reassignment or modification, or physical modification to the work station that do not place an undue hardship on the employer or pose a direct threat or significant risk to the health and safety of the individual or others. Undue hardships are those actions requiring significant difficulty or expense, when considered in light of the nature and cost of the actions needed to provide reasonable accommodation.
(8) "State of emergency" exists when the governor or his designee issues a proclamation and requirement that volunteer first responders report for active duty. Active duty is considered ended when the governor or his designee proclaims that a state of emergency no longer exists or releases the volunteer first responder from duty.
Acts 2004, No. 316, §2, eff. June 18, 2004; Acts 2006, 1st Ex. Sess., No. 35, §8, eff. March 1, 2006; Acts 2014, No. 811, §12, eff. June 23, 2014; Acts 2021, No. 184, §1.
1See Acts 2006, 1st Ex. Sess., No. 35, §8, which changes the term "office of homeland security and emergency preparedness" to "Governor's Office of Homeland Security and Emergency Preparedness" and §10, which provides for the termination of the Act and the reversion to the law in effect prior to the Act on July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1017.2. Leave status

RS 23:1017.2 - Leave status
An employee who leaves employment in order to perform the duties of a first responder pursuant to this Part shall be treated as being on temporary leave of absence subject to the terms and conditions of the employer's stated policy regarding leaves of absence and provided that he applies for reinstatement in accordance with R.S. 23:1017.3.
Acts 2004, No. 316, §2, eff. June 18, 2004.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1017.4. Benefits

RS 23:1017.4 - Benefits
For purposes of benefits furnished by the employer and participated in by the employee at the time of departure, such leave of absence shall not be considered a break in employment for purposes of seniority or length of service or for benefits programs offered by that employer. Continuation of any retirement or health benefits requiring the employee's contribution or copayments will be subject to the stated terms and conditions of the benefit plans and are subject to applicable federal or state laws.
Acts 2004, No. 316, §2, eff. June 18, 2004.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1017.5. Pay

RS 23:1017.5 - Pay
Temporary leave from employment for participation in activities of the Governor's Office of Homeland Security and Emergency Preparedness1 or pursuant to a plan of operation of that office shall be considered to be unpaid leave by the employer. However, applicable provisions of this Section shall not prohibit an employer from paying compensation to an employee on leave pursuant to this Part. An employee may, with agreement by the employer, use any amount or combination of accrued or eligible paid leave, vacation, sick leave or compensatory leave standing to his credit during his term of service under this Part.
Acts 2004, No. 316, §2, eff. June 18, 2004; Acts 2006, 1st Ex. Sess., No. 35, §8, eff. March 1, 2006.
1See Acts 2006, 1st Ex. Sess., No. 35, §8, which changes the term "office of homeland security and emergency preparedness" to "Governor's Office of Homeland Security and Emergency Preparedness" and §10, which provides for the termination of the Act and the reversion to the law in effect prior to the Act on July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1017.6. Notice to employers

RS 23:1017.6 - Notice to employers
First responders shall give notice to employers of their call to service as soon as practical including day of departure, as well as probable length or duration of service under this Part.
Acts 2004, No. 316, §2, eff. June 18, 2004.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1018.1. Definitions

RS 23:1018.1 - Definitions
Unless the context clearly indicates otherwise, the following words and terms, when used in this Part, shall have the following meanings:
(1) "AEIC" means the Advance Earned Income Credit.
(2) "EITC" means the federal Earned Income Tax Credit.
(3) "Employee" means any person who is employed by an employer for compensation in return for the performance of services.
(4) "Employer" means any Louisiana business establishment that has twenty or more full-time or part-time employees.
Acts 2005, No. 322, §1, eff. June 30, 2005.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1018.2. Notice to employees of the federal Earned Income Tax Credit

RS 23:1018.2 - Notice to employees of the federal Earned Income Tax Credit
A. An employer shall be required to notify new employees, whose anticipated wages are thirty-five thousand dollars or less annually, that they may be eligible for the EITC or the AEIC, and may either apply for the credit on their tax returns or receive the credit in advance payments during the year. Any written notice provided to the employer by the Internal Revenue Service or the Louisiana Workforce Commission for this purpose shall be provided to such employees at the time of hiring.
B. Employers shall post, in the same location where other employee notices required by state or federal law are posted, a notice provided by the Louisiana Workforce Commission that states:
"If you make $35,000 or less, your employer should notify you at the time of hiring of the potential availability of Earned Income Tax Credits or Advance Earned Income Credits. Earned Income Tax Credits are reductions in federal income tax liability for which you may be eligible if you meet certain requirements. Additional information and forms for these programs can be obtained from your employer or the Internal Revenue Service."
C. This commission notice, provided for in Subsection B of this Section, shall also contain, as a minimum, the current eligibility requirements as indicated in the Internal Revenue Service's Form W-5. It shall be the responsibility of the Louisiana Workforce Commission to update the notice whenever the Internal Revenue Service changes the eligibility requirements for Earned Income Tax Credit or Advance Earned Income Credit.
D. The employer shall not be liable to the employee for civil damages for failure to comply with the provisions of this Part.
Acts 2005, No. 322, §1, eff. June 30, 2005; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1019.2. Employee and independent contractor eligibility verification

RS 23:1019.2 - Employee and independent contractor eligibility verification
A.(1) The operator of a sexually oriented business shall verify the age and work eligibility status of each employee and potential employee by using either the United States Citizenship and Immigration Services E-Verify program or by ensuring proper completion of Form I-9, Employment Eligibility Verification, for each employee or potential employee.
(2) The operator of a sexually oriented business shall verify the age and work eligibility status of each independent contractor by requiring him to submit one United States Citizenship and Immigration Services Form I-9 List A document or one United States Citizenship and Immigration Services Form I-9 List B document in combination with a completed and signed Internal Revenue Service Form W-9 with a verified social security number or taxpayer identification number.
B.(1) The operator shall retain the employment eligibility verification documents in his records for at least three years after the last day of the employee's employment with the sexually oriented business.
(2) Proof of employment eligibility verification shall be available for inspection by the secretary of the Louisiana Workforce Commission, the attorney general of Louisiana, the commissioner of alcoholic beverage control of the office of alcohol and tobacco control within the Louisiana Department of Revenue, a law enforcement agency of the state or its political subdivisions when jurisdiction is appropriate, and authorized United States government officials.
Acts 2018, No. 703, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1019.3. Questionnaire

RS 23:1019.3 - Questionnaire
A. Before hiring an employee or independent contractor, the operator shall require the potential employee or independent contractor to submit in writing answers to a questionnaire which includes all of the following questions:
(1) Is your freedom of movement restricted?
(2) How do you learn about job opportunities?
(3) Did you come to this country for a specific job that you were promised?
(4) To what forms of media or telecommunication do you have access?
(5) Do you or does someone else retain your identification documents?
(6) Were you provided with false documents or identification?
(7) How was payment for your travel handled?
(8) Do you owe your employer any money?
B. After the questionnaire is complete, the potential employee or independent contractor shall sign affirming the accuracy of the answers and the operator shall sign to acknowledge receipt. The operator shall retain a copy of the questionnaire for his records in a locked or otherwise secure location for at least three years after the last day of the employee's or independent contractor's work with the sexually oriented business.
C. The Louisiana Workforce Commission shall prepare a standard form questionnaire to implement the provisions of this Section.
Acts 2018, No. 703, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1019.4. Mandatory reporting

RS 23:1019.4 - Mandatory reporting
If, at any time during the application process or subsequent hiring of an employee or independent contractor, an operator of a sexually oriented business believes that the potential employee, employee, or independent contractor may be a victim of human trafficking, he shall, as soon as possible, but within twenty-four hours, contact law enforcement or call the National Human Trafficking Resource Center Hotline to coordinate with local resources.
Acts 2018, No. 703, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1019.5. Notices to be posted

RS 23:1019.5 - Notices to be posted
Every operator of a sexually oriented business shall post and keep posted in conspicuous places upon the business premises, including any restroom and dressing room, a notice, in both English and Spanish, prepared by the office of alcohol and tobacco control setting forth information regarding human trafficking and the telephone number to the National Human Trafficking Resource Center Hotline.
Acts 2018, No. 703, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1019.6. Enforcement; penalties

RS 23:1019.6 - Enforcement; penalties
A.(1) The secretary of the Louisiana Workforce Commission, the commissioner of alcoholic beverage control of the office of alcohol and tobacco control within the Louisiana Department of Revenue, or a law enforcement agency of the state or its political subdivisions with appropriate jurisdiction may conduct an investigation as necessary to ensure enforcement of this Part.
(2) Upon a determination that any operator has violated, neglected, or refused to comply with any provision of this Part, the secretary, the commissioner of alcoholic beverage control, or a law enforcement officer representing an agency with appropriate jurisdiction may notify the attorney general who may pursue civil charges against the operator in the Nineteenth Judicial District Court.
B. If the court finds an operator to be in violation of the provisions of this Part, the court shall issue penalties as follows:
(1) For a first violation, a fine of one thousand dollars.
(2) For a second violation, a fine of five thousand dollars.
(3) For a third and any subsequent violation, a fine of ten thousand dollars.
Acts 2018, No. 703, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:1020. Terminated on June 30, 2006, by Acts 2006, No. 193, eff. June 2, 2006.

RS 23:1020 - Terminated on June 30, 2006, by Acts 2006, No. 193, eff. June 2, 2006.