reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-341 - Regulations for Interstate Charging

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Louisiana employers shall be charged or noncharged in cases where Louisiana
				  transfers wages earned with Louisiana employers to another state in order that
				  that state pay unemployment compensation benefits.
B. The Louisiana employer will be notified of
				  their potential liability and be given 10 days to protest chargeability.
				  Louisiana will determine if the employer should or should not be charged in
				  accordance with §1553 of the Louisiana Employment Security Law based on
				  information supplied by both claimant and employer. Louisiana will not
				  determine claimant eligibility as this is done by the paying state under their
				  Unemployment Compensation Law. If either claimant or employer disagree with the
				  determination, appeal rights will be given in accordance with Employment
				  Security Law.
C. If the employer
				  fails to respond within the first 10 days or fails to follow through timely
				  with any subsequent appeal, the last decision of the agency will stand, and the
				  employer will have lost all subsequent appeal rights.
D. If it is determined that the employer is
				  to be "noncharged," the benefits paid to claimant will be recouped in
				  accordance with §1553 of the Louisiana Employment Security Law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-343 - Employer Elections to Cover Multi-State Workers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following regulations, adopted under
				  R.S.
				  23:1665 of the Louisiana Employment Security
				  Law, shall govern Louisiana Workforce Commission in its administrative
				  cooperation with other states subscribing to the interstate reciprocal coverage
				  arrangement, herein referred to as
the arrangement
.
B. Definitions, as used in this regulation,
				  unless the context clearly indicates otherwise.
Agency
-any officer, board, commission or
					 other authority charged with the administration of the unemployment
					 compensation law of the participating jurisdiction.
Interested Jurisdiction
-any participating
					 jurisdiction to which an election submitted under this regulation is sent for
					 its approval; and
a.
interested agency
-the agency of such jurisdiction.
Jurisdiction
-any state of the United
					 States, the District of Columbia, Canada, or with respect to the federal
					 government, the coverage of any federal unemployment compensation law.
Participating Jurisdiction
-a jurisdiction
					 whose administrative agency has subscribed to the arrangement and whose
					 adherence thereto has not terminated.
Service Customarily Performed by an Individual in
					 More than One Jurisdiction
-services performed in more than one
					 jurisdiction during a reasonable period, if the nature of the services gives
					 reasonable assurance that they will continue to be performed in more than one
					 jurisdiction or if such services are required or expected to be performed in
					 more than one jurisdiction under the election.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-345 - Recognition of Heirs of Deceased Benefit Claimants

Current through Register Vol. 50, No. 6, June 20, 2024
A. The heirs of a deceased benefit claimant
				  may make application by submitting a formal affidavit of heirship, to have paid
				  to them all moneys due the deceased at the time of his death. Affidavits must
				  be submitted by all heirs of full age and majority, or if there be minor heirs,
				  the affidavit must be submitted by their authorized representative.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-349 - Contribution and Wage Reports Covering Seamen and Seamen's Wages Paid under Shipping Articles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pay Period.
				  For the purpose of this regulation the term "pay period" established by
				  "Shipping Articles" means the period of the voyage or engagement of the crew
				  under "Articles of Agreement" pursuant to Title 46 of the United States
				  Code.
B. Current Reports.
				  Notwithstanding any other provision of other regulations, contribution reports
				  and wage reports with respect to wages earned in any pay period established by
				  Shipping Articles shall be submitted as follows.
1. The total amount of such wages shall be
				  included in the wage report and contribution report for the calendar quarter in
				  which such period terminates together with all other wages paid during such
				  quarter.
2. If the pay period
				  established under shipping articles includes more than one calendar quarter,
				  the beginning dates of such pay period shall be shown opposite the amount of
				  wages reported.
3. For the purpose
				  of obtaining eligibility for and the amount of benefits, the wages so reported
				  shall be prorated among the calendar quarters in which the wages were earned
				  according to the length of employment in each of such quarters.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-351 - Benefit Determination Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each notice of benefit determination which the administrator is required to
				  furnish the claimant shall, in addition to stating the decision and its reason,
				  include a notice specifying the claimant's appeal rights. The notice of appeal
				  rights shall state clearly the place and manner for taking an appeal from the
				  determination and the period within which an appeal may be taken.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-355 - Services to Claimants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Claims
				  personnel will give each claimant such assistance as is appropriate and
				  practicable in finding suitable work and at their discretion determine when
				  more complete placement and employment services by employment service personnel
				  are necessary and appropriate.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-357 - Terms and Conditions Not Applicable to Claims for Payment of Extended Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section
				  1600(4) of the Louisiana Employment Security Law, pertaining to a waiting
				  period of one week, is not applicable to claims for extended
				  compensation.
B. All
				  disqualifications for regular benefits apply to extended benefits in the same
				  manner and to the same extent as to regular claims.
C. The forwarding of an extended compensation
				  claim notice to a former employer of an individual does not serve to reopen a
				  previously resolved issue or open to adjudication any issue concerning which an
				  employer failed to furnish information within the time provided by
				  §323 and
				  §324
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-359 - Approved Training Definition

Current through Register Vol. 50, No. 6, June 20, 2024
Approved Training
- training to which an
					 individual has been referred by the administrator of the Louisiana Workforce
					 Commission or his duly authorized representative.
1. Referral to training will be made to
				  vocational training, basic education or other short term vocationally directed
				  academic courses designed to develop a particular skill.
2. Approval of training in such types of
				  courses may also be given, upon application, if the individual has been
				  accepted as a student at a school or course approved by the Louisiana
				  Department of Education, which is designed to make the individual employable or
				  more employable in an occupation that is in demand and there is reasonable
				  expectation that the individual will be employed upon completion, except no
				  approval will be given to any training course taken primarily for credit toward
				  the degree requirements of baccalaureate or advanced degree, and no approval
				  will be given to a training course which will take longer than 104 weeks to
				  complete
3. No training will be
				  approved for an individual unless it is found that the demands for his present
				  skills are minimal and not likely to improve under present circumstances.
a. The individual in training will be
				  required to furnish reports from the training facility concerning his
				  attendance. Unsatisfactory attendance attested to by the training facility
				  shall constitute grounds for terminating application of the provisions of
				  R.S.
				  23:1602(1) to the individual
				  unless good cause is shown for the unsatisfactory attendance.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-361 - Types of Employment

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				  purposes of
				  R.S.
				  23:1601(1):
Full-Time Employment
- employment which
					 requires the individual's presence for the major portion of the normal
					 work-day, week, or month. Full-time employment is that employment which
					 normally provides an individual with the major portion of his earnings.
Interim Employment
- employment performed
					 by individuals who are on temporary layoff or are otherwise separated from
					 their full-time regular employment and expect to return to their full-time
					 regular employment within a reasonable time.
Part-Time Employment
- employment which
					 requires an individual's presence less than the normal workday, week, or month
					 and is normally used to supplement income from full-time work.
Regular Employment
- employment of an
					 individual on a regular basis with a reasonable expectation of continuance in
					 that employment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-363 - Proof of Unemployment by a Principal Officer or Controlling Stockholder, or Relative thereof, of a Corporation, Partnership or Proprietorship

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				  of
				  R.S.
				  23:1472(19) an individual
				  who was the principal officer or controlling stockholder of a corporation,
				  partnership or proprietorship or related to him in any degree as set forth in
				  Paragraph (a) thereof, shall be deemed to be "unemployed" if:
1. the corporation, partnership or
				  proprietorship does not appear as an employer in the individual's base period;
				  and
2. he otherwise meets the
				  definition of "unemployed."
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-364 - Reciprocal Offset

Current through Register Vol. 50, No. 6, June 20, 2024
A. An appeal of
				  a determination to offset unemployment benefits under
				  R.S.
				  23:1665.2 shall be limited to the authority
				  of the administrator of the Louisiana Workforce Commission to offset against
				  benefits payable to the claimant and shall be conducted in accordance with
				  R.S.
				  23:1629 and
				  R.S.
				  23:1630. All issues concerning the validity
				  of the overpayment shall be directed by the claimant to the requesting
				  state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-367 - Assignment of Rates for Corporate Groups

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the administrator grants an employer
				  the right to be recognized as a corporate group, the rate will be assigned as
				  follows.
B. A new number will be
				  assigned to the parent corporation. The rate for the then current year will be
				  based on the combined experience rating records of all employers that form the
				  corporate group.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-368 - Disqualification for Benefits Pursuant to R.S. 23:1601(8)(a)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency will notify the claimant by
				  mail or other delivery method if the administrator has received information
				  that the claimant has earned unreported wages for the weeks claimed.
1. The claimant shall have seven days from
				  the date of the mailing to respond.
a. The
				  claimant must provide adequate supporting documentation to establish that the
				  unreported wages are incorrect.
b.
				  Adequate documentation may include but is not limited to:
i. proof of incorrect identity;
ii. proof of incorrect date of
				  wages;
iii. check stubs;
iv. time sheets;
v. notice of separation or
				  termination.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-369 - Waiver of Overpayment Recovery

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Requirements for Waiver of Recovery of Overpayments
1. A waiver of the overpayment may be granted
				  only if:
a. the claimant was without fault in
				  causing the overpayment;
b.
				  repayment would be against equity and good conscience; and
c. the claimant provided supporting
				  documentation of his inability to pay in full or according to the repayment
				  table in §371
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-371 - Overpayment Recovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Rule
				  prescribes an acceptable repayment schedule for the purpose of collecting
				  overpaid benefits pursuant to
				  R.S.
				  23:1713.
1.
				  The amount of overpayment is immediately due and payable on demand upon
				  exhaustion of the right to appeal:
a. a
				  determination of overpayment; and/or
b. a denial of waiver of
				  overpayment.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-373 - Medical Services Performed by Physician or Professional Corporation

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				  of exclusion of medical services rendered by a physician or professional
				  corporation on behalf of a hospital or other medical facility or institution
				  under
				  R.S.
				  23:1472(12)(H)(XIX), written
				  certification from the Internal Revenue Service of exemption as an independent
				  contractor or a non-profit organization shall be submitted to the administrator
				  by such physician or professional corporation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-375 - Determining Whether Workers are Employees or Independent Contractors

Current through Register Vol. 50, No. 6, June 20, 2024
A. The totality of
				  the circumstances will be considered in determining whether workers are
				  properly classified as employees or independent contractors, including the
				  following factors regarding control and direction of each individual worker's
				  position under
				  R.S.
				  23:1472(12)(E)(I).
1. Behavioral Control. Facts that show a
				  right to control or direct how the worker does the task for which the worker is
				  hired. The type and degree of instruction given to the worker shall be
				  considered including, but not limited to:
a.
				  when and where to do the work;
b.
				  what tools or equipment to use;
c.
				  what workers to hire or to assist with the work;
d. where to purchase supplies and
				  services;
e. what work must be
				  performed by a specified individual;
f. what order or sequence to follow in
				  performing the work;
g. how work
				  results are achieved;
h. whether
				  the worker is hired and discharged under specific terms of an agreement or
				  at-will;
i. the extent to which the
				  worker is subjected to pre-employment testing, credentialing, resume
				  verification, background checks, drug testing and/or pre-employment
				  physicals;
j. the extent to which
				  the job opening was represented as employment; and
k. training given the worker.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-377 - Electronic Filing and Payment Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All employers must file quarterly, annual,
				  and amended wage reports electronically for any reports due after January 31,
				  2014.
B. All employer's agents and
				  professional employer organizations, as defined in
				  R.S.
				  23:1761, must file quarterly, annual, and
				  amended wage reports electronically for any employer's reports due after
				  January 31, 2014.
C. Contributions
				  must be paid by the following methods:
1.
				  electronic funds transfer (EFT);
2.
				  automated clearing house (ACH); or
3. any other method of payment approved by
				  the administrator.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-379 - Criminal History Background Check for Access to Federal Tax Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Criminal History Background Checks
-a
					 review of an individuals criminal history on the national level through the use
					 of fingerprints sent to the Federal Bureau of Investigation (FBI), the state
					 level, through the use of fingerprints sent to the Louisiana Bureau of Criminal
					 Identification and Information and the local level, through various local law
					 enforcement agencies.
Federal Tax Information (FTI)-
consists of
					 federal tax returns and return information (and information derived from it)
					 that is in the Louisiana Workforce Commissions possession or control which is
					 covered by the confidentiality protections of the Internal Revenue Code and
					 subject to its safeguarding requirements, including IRS
					 oversight.
B. Applicability
1. All prospective Louisiana Workforce
				  Commission employees who will be expected to handle FTI and have signed a
				  conditional job offer, all prospective Louisiana Workforce Commission
				  contractors and subcontractors expected to handle FTI, and all current
				  employees, contractors and subcontractors that handle FTI will submit
				  fingerprints and other identifying information and undergo the following
				  criminal history background checks:
a. state
				  criminal history record check;
b.
				  national criminal history record check from the F.B.I.;
c. check of all local law enforcement
				  agencies where the subject has lived, worked and/or attended school in the last
				  five years.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-381 - Employer Requirement to Provide Notification of the Availability of Unemployment Insurance Benefits to Each Individual Employee at the Time of Separation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant
				  to
				  R.S.
				  23:1621, employers are required to provide
				  notification of the availability of unemployment insurance benefits (UI). This
				  Section prescribes an additional requirement that employers shall notify each
				  individual employee at the time of separation from employment of the following.
1. Employees may file a UI claim in the first
				  week that employment stops or work hours are reduced.
2. Employees shall be informed that a UI
				  claim may be filed by phone or online stating:
a. to file a UI claim by phone, call:
				  1-866-783-5567;
b. to file a UI
				  claim online, visit: www.louisianaworks.net/hire;
c. if you have questions about the status of
				  your UI claim, you can call the LWC at 866-783-5567 or visit
				  www.louisianaworks.net/hire.
3. Employees shall be given the Workforce
				  Commissions toll free phone number and web address for filing and assistance
				  with unemployment insurance claims.
4. Employees shall be informed of the need to
				  provide the Workforce Commission with the following information in order for
				  the claim to be processed:
a. full legal
				  name;
b. social security number;
				  and
c. authorization to work (if
				  not a U.S. Citizen or resident).
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-383 - Voluntary State Income Tax Withholdings from Unemployment Insurance Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				  R.S.
				  23:1693(J), which was
				  created by Act 33 of the 2020 First Extraordinary Session, withholding of state
				  income taxes was made mandatory when any temporary federal emergency increase
				  in benefits or any additional federal base benefit is in effect. However, under
				  26 U.S.C. §
											3304(a)(4)(C) of the Federal
				  Unemployment Tax Act (FUTA), withholding from unemployment insurance must be
				  voluntary in order to conform with federal requirements.
				  R.S.
				  23:1664(2) requires that the
				  administrator take such actions as may be necessary to meet the requirements of
				  FUTA as interpreted by the U.S. Department of Labor. Therefore, regardless of
				  whether any temporary federal emergency increase in benefits or any additional
				  federal base benefits are in effect, a claimant may voluntarily elect to have
				  state income taxes withheld at a rate of 4 percent.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 23:1664(2),
					 R.S.
					 23:1693(J), and
					 R.S.
					 36:310.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-385 - Invocation of the Statutory Savings Clause under R.S. 23:1664 to Delay Implementation of Act No. 297 of the 2021 Regular Legislative Session

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the Fresh Start Proper Worker
				  Classification Initiative and the Louisiana Voluntary Disclosure program under
				  Act No. 297 (the enacted version of SB 244), employer liability for SUTA
				  dumping penalties and fraud penalties is waived under the safe harbor
				  provision. However, employer liability for SUTA dumping penalties and fraud
				  penalties must not be waived under
				  26 U.S.C. §
											3304 of the Federal Unemployment Tax Act
				  (FUTA) and under
				  42
				  U.S.C. §
											503, the State Unemployment Tax
				  Act (SUTA) Dumping Prevention Act. The enactment of Act No. 297 would also
				  require the Louisiana Workforce Commission to waive employer liability for back
				  UI taxes. Waiving employer liability for back UI taxes is not permissible under
				  federal unemployment compensation (UC) law and regulations. Pertinent
				  provisions of Act No. 297 are not in conformity with federal law and
				  regulations. The LWC only seeks to delay the provisions that are inconsistent
				  with Federal UI law, namely
				  R.S.
				  23:1772(C),
				  23:1774(A)(4),
				  and any other related provision that requires the LWC to waive UI taxes owed.
				  The LWC does not seek to delay enactment of the portion of Act No. 297 that
				  pertains to employee misclassification. Pursuant to La.
				  R.S.
				  23:1664, which addresses federal-state
				  cooperation and compliance in the administration of Louisiana's UC program and
				  requires that the administrator take such actions as may be necessary to meet
				  the requirements of FUTA as interpreted by the U.S. Department of Labor, the
				  Louisiana Workforce Commission seeks to invoke the savings clause under La.
				  R.S.
				  23:1664 and delay implementation of Act No.
				  297 until amended during the 2022 Regular Legislative Session. A delay in
				  promulgating this Rule would have an adverse impact on the LWC's eligibility
				  for federal funding because Act No. 297 is not in conformity with federal UC
				  law.
AUTHORITY
					 NOTE: Promulgated in accordance with Act No. 297,
					 R.S.
					 23:1664,
					 R.S.
					 36:310,
					 26 U.S.C. §
												3304 and
					 42
					 U.S.C. §503
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-387 - Clarification of the Duties and Responsibilities of the Secretary of the Louisiana Workforce Commission under Act No. 297 of the 2021 Regular Legislative Session

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Louisiana Workface Commission shall have authority to promulgate rules and
				  regulations for the administration of the Fresh Start Proper Worker
				  Classification Initiative under Act No. 297.
AUTHORITY
					 NOTE: Promulgated in accordance with Act No. 297, Title 23 of the Revised
					 Statutes of 1950, as amended and reenacted or enacted,
					 R.S. 36:303
					 and
					 R.S.
					 36:304.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-501 - Terminology Pertaining to Lost Wages for Domestic Violence Victims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Domestic Abuse
-includes but is not
					 limited to physical or sexual abuse and any offense against the person as
					 defined in the Criminal Code of Louisiana, except negligent injury and
					 defamation, committed by one family or household member against another. Minors
					 are not excluded.
Domestic abuse
also includes abuse of
					 persons 60 years of age or older and any disabled person 18 years of age or
					 older when committed by an adult child or adult grandchild.
Family Members
-spouses, former spouses,
					 parents and children stepparents, stepchildren, foster parents and foster
					 children.
Household Members
-any person of the
					 opposite sex presently or formerly living in the same residence with the
					 defendant as a spouse whether married or not, who is seeking protection under
					 this Part.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-503 - Administration of Funds

Current through Register Vol. 50, No. 6, June 20, 2024
A. Benefits
				  under the Lost Wage Benefits for Domestic Violence Victims Act are provided to
				  individuals who have lost their employment due to domestic violence and who,
				  otherwise, would not be eligible for unemployment insurance benefits. Towards
				  this end, it shall be the agency's intent to apply all rules, regulations, and
				  laws of the unemployment insurance program with the exception of those clearly
				  excluded by the statute.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-505 - Manner of Distribution

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application for and the distribution of benefits under this program shall be in
				  the same manner and using the same methods as those of regular unemployment
				  insurance benefits.
B. The records
				  shall be maintained in a manner that allows for the monitoring and auditing of
				  the program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-507 - Maximum Benefit Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. The total
				  benefit amount payable under the domestic violence victims program will be
				  reduced by any amount paid from regular unemployment benefits and shall not
				  exceed the maximum benefit amount established in the monetary determination of
				  the unemployment insurance claim.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-509 - Filing Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. A claimant
				  shall be eligible to file one new claim per calendar year. The term "new claim"
				  is the first initial claim filed to request a determination of entitlement to
				  and eligibility for compensation which results in an agency generated document
				  of an appealable monetary determination provided to the potential
				  claimant.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-511 - Deductions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  shall not be deducted from benefits of domestic violence victims:
1. severance pay;
2. vacation pay;
3. holiday pay;
4. bonus pay;
5. WARN Act pay;
6. wages in lieu of notice;
7. separation/dismissal pay;
8. tips/gratuities;
9. Workers' Compensation;
10. military retirement pay; and
11. other periodic payment based on previous
				  work.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 5 - Lost Wage Benefits for Domestic Violence Victims › Section IV-513 - Availability of Claimant

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  requirements that an individual must be able to work, available for work and
				  making an active search for work each week will not apply if the conditions
				  that qualified the individual for the program do not permit him/her to
				  work.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653-1654,
					 R.S. 23:1770-1775 and
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 1 - Minimum Age Standards for Nonagricultural Employment › Section VII-101 - Oppressive Child Labor

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Oppressive child labor is defined as employment of children under legal minimum
				ages in specified occupations as listed in the following Paragraphs.
1. Minimum Age 14. This is the minimum age
				for certain specified occupations which are allowed outside of school hours.
				These occupations, along with hours and time standards, are listed in LAC
				40:VII.103, 201, 203, 301, and 303.
2. At 16 years of age, youths may be employed
				in any occupation other than a nonagricultural occupation declared hazardous by
				the Assistant Secretary of Labor after a public hearing, or any occupation
				prohibited by
				R.S.
				23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 1 - Minimum Age Standards for Nonagricultural Employment › Section VII-103 - Employment Standards for Minors under 16 Years of Age

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employment of minors under 16 years of age
				is limited to certain occupations under conditions which do not interfere with
				their schooling, health, or well being.
1.
				Hours and Time Standards. Minors under 16 years of age may not be employed, or
				permitted, or suffered to work:
a. during
				school hours, as defined by the local superintendent for the school district in
				which the minor resides;
b. before
				7 a.m. or after 7 p.m. on any day prior to a day during which school is in
				session or after 9 p.m. on any day prior to a day during which school is not in
				session;
c. when employed in
				theatrical performances, the minor may not be present in the theater, nor shall
				appear in any performance during the below listed periods of time:
i. more than six hours in any day;
ii. more than 24 hours in any week;
iii. between the hours of 11 p.m. and 6
				a.m.;
d. when employed
				in commercial motion picture, film or video productions, or modeling, the minor
				may not be present in the studio or on the set, nor shall appear in any
				performance during the below listed periods of time:
i. before 7 a.m. for studio production, 6
				a.m. for location productions, and shall end no later than time specified
				below:
(a). for minors under six years of age,
				7 p.m.;
(b). for minors six years
				of age to 15 years of age, 8 p.m. on any day prior to a day during which school
				is in session or 10 p.m. on any day prior to a day during which school is not
				in session, as defined by the local superintendent for the school district in
				which the minor resides;
ii. minors under six years of age shall not
				work more than six hours per day; minors six years of age to 15 years of age
				shall not work more than eight hours per day;
iii. minors shall receive a 12-hour rest
				break at the end of each work day, before the commencement of the next day of
				work;
iv. minors shall not be
				employed more than six consecutive days in any one week, nor more than 36 hours
				per week for minors under six years of age, nor more than 48 hours per week for
				minors six years of age to 15 years of age;
v. applications for waivers for any exception
				to the foregoing provisions of this Subparagraph may be made to the secretary
				of the Department of Labor or his designee;
vi. the Secretary of Labor or his designee
				may grant a waiver only under the following circumstances:
(a). written notification through a listing
				of specific dates and times that the minor(s) shall be employed and/or present
				for either studio production or location production;
(b). written acknowledgement that the minor's
				parent(s), tutor, or custodian have been fully informed of the circumstances
				and have granted advance consent.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 2 - Occupations Permitted for 14 and 15 Year-Old Minors › Section VII-201 - Types of Employment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Types of
				employment in which 14 and 15 year-old minors may be employed:
1. office and clerical work (including
				operation of office machines);
2.
				cashiering, selling, modeling, art work, work in advertising departments,
				window trimming, and comparative shopping;
3. price marking and tagging by hand or
				machine, assembling orders, packing and shelving;
4. bagging and carrying out customers'
				orders;
5. errand and delivery work
				by foot, bicycle, and public transportation;
6. cleanup work, including use of vacuum
				cleaners and floor waxers; and maintenance of grounds, but not including use of
				power-driven mowers or cutters;
7.
				kitchen work and other work involved in preparing and serving food and
				beverages, including operation of machines and devices used in performance of
				such work, such as, but not limited to, dishwashers, toasters, dumbwaiters,
				popcorn poppers, milk shake blenders, and coffee grinders;
8. work in connection with cars and trucks if
				confined to the following:
a. dispensing
				gasoline and oil;
b. courtesy
				service on premises of gasoline service station;
c. car cleaning, washing, and
				polishing;
9. cleaning
				vegetables and fruits; and wrapping, sealing, weighing, labeling, pricing, and
				stocking goods when performed in areas physically separated from areas where
				meat is prepared for sale;
10.
				selling, offering for sale, soliciting for or displaying articles, goods,
				merchandise, commercial service, posters, circulars, newspapers, or
				magazines;
11. delivery of, and
				collection for newspapers and periodicals;
12. work as a golf caddy.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 2 - Occupations Permitted for 14 and 15 Year-Old Minors › Section VII-203 - Occupations Permitted for Minors under 16 Years of Age in Theatrical Performances, Exhibitions, Commercial Motion Pictures, Films, Video Productions, or Modeling

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minors may
				be employed in theatrical performances or exhibitions as follows:
1. as a singer, musician, or actor in a
				church, school or academy;
2.
				teaching or learning the science or practice of music or singing;
3. as a singer, musician, or actor in a
				concert or in the presentation of a play or musical comedy under the following
				conditions:
a. not more than nine weekly
				performances may be presented; and
b. a permit must be granted by the Assistant
				Secretary of Labor at least five days prior to the performance;
4. as a singer, musician, or actor
				in a play or musical comedy presented by a traveling theatrical company,
				provided that no more than eight performances are given in any one week. During
				a week in which a national or state holiday occurs, nine performances may be
				given under the following conditions:
a. a
				special permit must be obtained from the assistant secretary of the Office of
				Regulatory Services by the manager of the theater in which the minor is to
				appear;
b. the minor must hold a
				valid certificate from the state or city where the minor resides which permits
				participation in theatrical performances;
c. in the opinion of the Assistant Secretary
				of the Office of Regulatory Services, employment in such performances is not
				detrimental to the health and morals of the minor.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 3 - Occupations Not Permitted › Section VII-301 - Occupations Not Permitted for 14 and 15 Year-Old Minors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fourteen and 15 year-old minors may not be
				employed in:
1. any manufacturing
				occupation;
2. any mining
				occupation;
3. processing
				occupations or commercial laundering and dry-cleaning;
4. occupations which require performance of
				any duties in workrooms or workplaces where goods are manufactured, mined, or
				otherwise processed, except to the extent expressly permitted in
				§201;
5. operating or tending
				hoisting or lifting apparatus or the inflation of any tire mounted on a rim
				equipped with a removable retaining ring;
6. occupations connected with:
a. transportation of persons or property by
				rail, highway, air, water, pipeline, or other means;
b. communications and public utilities,
				except office and clerical work;
c.
				construction, including repair work;
7. any of the following occupations:
a. work performed in or about boiler or
				engine rooms;
b. work in connection
				with repair of machines or mechanical equipment;
c. all work that involves use of ladders and
				scaffolds or their substitutes;
d.
				cooking and baking;
e. occupations
				which involve operating, setting up, adjusting, cleaning, oiling, or repairing
				power-driven food slicers and grinders, choppers and cutters, and bakery type
				mixers;
f. work in freezers and
				meat coolers;
g. all work in
				preparation of meat for sale, except wrapping, sealing, labeling, weighing,
				pricing, and stocking when such work is not performed in processing
				areas;
h. loading and unloading
				goods on and off trucks, railroad cars, and conveyors; or
i. all occupations in warehouses, except
				office and clerical work;
8. any occupation about or in connection with
				power-driven machinery; or
9. any
				other occupation found and declared to be hazardous by the Assistant Secretary
				of Labor after a public hearing.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 3 - Occupations Not Permitted › Section VII-303 - Employment of Minors 16 and 17 Years of Age

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minors may not work in any illegal,
				indecent, or immoral exhibition or practice, including but not limited to;
				striptease, exotic dancer, etc.
B.
				Minors may not work at any occupation which the Assistant Secretary of the
				Office of Regulatory Services has found and declared to be hazardous for 16 and
				17 year-old persons. This minimum age applies even when the minor is employed
				by a parent or person standing in place of the parent.
C. There are no time standards for minors 16
				and 17 years of age regarding the numbers of hours worked per day or per week,
				however, minors shall receive an eight hour rest break at the end of each work
				day, before the commencement of the next day of work.
D. No minor 16 years of age who has not
				graduated from high school shall be employed, or permitted, or suffered to work
				between the hours of 11 p.m. and 5 a.m. prior to the start of any school day.
				No minor 17 years of age who has not graduated from high school shall be
				employed, or permitted, or suffered to work between the hours of 12 a.m. and 5
				a.m. prior to the start of any school day. For purposes of this Subparagraph, a
				minor who has taken and passed a General Education Development test (GED) and
				who has been awarded a High School Equivalency Diploma from the Louisiana
				Department of Education will be considered to have graduated from high
				school.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:251.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-501 - Preface

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the following
				Sections certain occupations are listed as hazardous. These occupations are
				specified both on an industry-wide basis, and on an occupational basis,
				regardless of the industry in which they are found.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-503 - Manufacturing or Storage Operations Involving Explosives

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Explosives and Articles Containing
				  Explosives
-ammunition, black powder, blasting caps, high explosives,
				  primers, smokeless powder, and all goods classified and defined as explosives
				  by the Interstate Commerce Commission in regulations governing transportation
				  of explosives and other dangerous substances by common carriers.
Plant or Establishment Manufacturing or Storing
				  Explosive Articles
-the land with all buildings and structures thereon
				  which are used in connection with manufacturing, processing, or storing
				  explosives or articles which contain explosive components.
B. Non-Explosive Area
1. An area which meets all of the following
				criteria is deemed a non-explosive area.
a.
				No work performed in the area involves handling or use of explosives.
b. The area is separated from the explosive
				area by a distance not less than that prescribed in the American Table of
				Distances for protection of inhabited buildings.
c. The area is separated from the explosive
				area by a fence or is otherwise located so that it constitutes a designated
				area.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part VII - Conditions under Which Minor Labor May Be Used › Chapter 5 - Hazardous Occupations › Section VII-505 - Occupations Involving Motor Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Driver
-any individual who, in the course of
				  employment, drives a motor vehicle at any time.
Gross Vehicle Weight
-the weight of the
				  vehicle chassis, including lubricants, water, and full tank or tanks of fuel,
				  plus the weight of the cab or drivers compartment, body, special chassis and
				  body equipment, and payload.
Motor Vehicle
-any automobile, truck,
				  truck-trailer combination, trailer, semi-trailers, motorcycle, or similar
				  vehicle which is propelled or drawn by mechanical or electrical power, and
				  designed for use as means of transportation, but does not mean any vehicle
				  operated exclusively on rails.
B. Occupations Prohibited. Any occupation as
				motor-vehicle driver is prohibited except as permitted in
				R.S.
				23:161 (10) and the Teen Drive for Employment
				Act which amends the Federal Fair Labor Standards Act,
				29 U.S.C.
				212 through
				213.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:161.