Title 23, Labor and Worker's Compensation
0 chapters · 872 sections in this title.
La. Rev. Stat. § 23:1654 Regulations; general and special rules; effective date
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§1654. Regulations; general and special rules; effective date General and special rules may be adopted, amended, or rescinded by the administrator only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effec…
La. Rev. Stat. § 23:1655 Publication of laws and regulations, etc
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§1655. Publication of laws and regulations, etc. The administrator shall cause to be printed for distribution to the public the text of this Chapter, his regulations, and general and special rules, his annual reports to the governor, and any other material he deems relevant and s…
La. Rev. Stat. § 23:1656 Personnel; appointment, compensation, duties and powers
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§1656. Personnel; appointment, compensation, duties and powers Subject to other provisions of this Chapter, the administrator is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons a…
La. Rev. Stat. § 23:1657 Merit system covering department personnel; applicability of state civil service laws
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§1657. Merit system covering department personnel; applicability of state civil service laws A. The administrator shall provide for a merit system covering all personnel in Louisiana Works who administer programs and services under the Louisiana Employment Security Law. In connec…
La. Rev. Stat. § 23:1657.1 Criminal history information; access to federal tax information
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§1657.1. Criminal history information; access to federal tax information Louisiana Works, office of unemployment insurance administration, is authorized to perform criminal history records checks of current and prospective employees, contractors, and subcontractors in accordance …
La. Rev. Stat. § 23:1658 Local advisory councils
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§1658. Local advisory councils A.(1) The governor may appoint local or industry advisory councils, composed of an equal number of employer and employee representatives, and public representatives, who may fairly be regarded as representative because of their vocation, employment,…
La. Rev. Stat. § 23:1659 Employment stabilization
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§1659. Employment stabilization The administrator with the advice and aid of advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational gui…
La. Rev. Stat. § 23:166 Minors fourteen and fifteen years of age; employments permitted
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§166. Minors fourteen and fifteen years of age; employments permitted Minors fourteen and fifteen years of age may be employed in any gainful occupation not prohibited in this Part, only after school hours and during nonschool days. Acts 1993, No. 621, §1, eff. June 15, 1993.
La. Rev. Stat. § 23:1660 Employment records and reports; inspection by administrator; confidentiality of
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§1660. Employment records and reports; inspection by administrator; confidentiality of records; prohibition against subpoena A.(1) Each employing unit shall keep true and accurate records containing such information as the administrator may prescribe. Such records shall be open t…
La. Rev. Stat. § 23:1661 Oaths; witnesses
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§1661. Oaths; witnesses In the discharge of the duties imposed by this Chapter, the administrator, any appeal referee, the members of the board of review and any duly authorized representative of any of them, shall have power to administer oaths and affirmations, take depositions…
La. Rev. Stat. § 23:1662 Subpoenas
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§1662. Subpoenas In case of contumacy by, or refusal to obey a subpoena issued to any person, upon application by the administrator, the board of review, any appeal referee, or any duly authorized representative of any of them, any court of the State within the jurisdiction of wh…
La. Rev. Stat. § 23:1663 Protection against self-incrimination
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§1663. Protection against self-incrimination No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the administrator, the board of review, an appeal referee, or any duly authorized representat…
La. Rev. Stat. § 23:1664 Federal-state cooperation
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§1664. Federal-state cooperation (1) In the administration of this Chapter, the administrator shall cooperate with the U. S. Department of Labor to the fullest extent consistent with the provisions of this Chapter, and shall take such action, through the adoption of appropriate r…
La. Rev. Stat. § 23:1665 Reciprocal arrangements with federal and state agencies
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§1665. Reciprocal arrangements with federal and state agencies A. The administrator may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the United States, or both, whereby: (1) Service performed by an individual for a single …
La. Rev. Stat. § 23:1665.1 Definitions
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§1665.1. Definitions As used in R.S. 23:1665.1 through 1665.3, the following terms shall have the meanings ascribed to them as follows: (1) "Form IB-8606" is the interstate request for recovery document submitted by states when requesting assistance in recovering overpayments. (2…
La. Rev. Stat. § 23:1665.2 Recovery of state or federal benefit overpayments
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§1665.2. Recovery of state or federal benefit overpayments A. The requesting state shall do all of the following: (1) Send the recovering state a written or electronic request for overpayment recovery assistance, Form IB-8606, which includes certification that the overpayment is …
La. Rev. Stat. § 23:1665.3 Combined wage claims; recovery of outstanding overpayment in transferring state
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§1665.3. Combined wage claims; recovery of outstanding overpayment in transferring state A. The paying state shall: (1) Offset any outstanding overpayment in a transferring state prior to honoring a request from any other participating state. (2) Credit the deductions against the…
La. Rev. Stat. § 23:1666 Cooperation with State and Federal agencies; Wage Combining
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§1666. Cooperation with State and Federal agencies; Wage Combining (1) The administration of this Chapter and of other State and Federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and such other states and the a…
La. Rev. Stat. § 23:1667 Reciprocal arrangements with foreign governments
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§1667. Reciprocal arrangements with foreign governments To the extent permissible under the laws and Constitution of the United States, the administrator is authorized to enter into or co-operate in arrangements whereby facilities and services provided under this Chapter and faci…
La. Rev. Stat. § 23:1668 State employment service; creation, duties and powers; establishment and financing
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§1668. State employment service; creation, duties and powers; establishment and financing of employment offices A. The Louisiana State Employment Service is established in the office of workforce development. The administrator, in the conduct of such service, shall establish and …
La. Rev. Stat. § 23:1669 Representation in court; civil and criminal actions
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§1669. Representation in court; civil and criminal actions A. In any civil action involving the administration of this Chapter, the administrator may be represented by any qualified attorney at law who is a regular salaried employee of the administrator and is designated by him f…
La. Rev. Stat. § 23:167 REPEALED BY ACTS 1993, NO
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§167. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
La. Rev. Stat. § 23:1670 Lease-purchase agreements, land and buildings
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§1670. Lease-purchase agreements, land and buildings A. Louisiana Works may enter into lease-purchase agreements for the purpose of acquiring land and buildings for the exclusive use and occupancy of the programs administered under the Louisiana Employment Security Law and solely…
La. Rev. Stat. § 23:1671 Death reports
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§1671. Death reports A. By the tenth day of each month, the secretary of the Louisiana Department of Health shall send to the administrator a report, certified as correct over his signature or the signature of his authorized representative, containing the name, date of birth, dat…
La. Rev. Stat. § 23:168 REPEALED BY ACTS 1993, NO
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§168. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
La. Rev. Stat. § 23:168.1 REPEALED BY ACTS 1993, NO
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§168.1. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
La. Rev. Stat. § 23:169 REPEALED BY ACTS 1976, NO
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§169. REPEALED BY ACTS 1976, NO. 624, §5, EFF. AUG. 4, 1976
La. Rev. Stat. § 23:1691 Waiver of rights to benefits; agreements to pay employer contributions; discrimination against employees; penalty
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§1691. Waiver of rights to benefits; agreements to pay employer contributions; discrimination against employees; penalty No agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this Chapter shall be valid. No agreement by any i…
La. Rev. Stat. § 23:1692 Fees and costs against claimants; limitations; penalty
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§1692. Fees and costs against claimants; limitations; penalty No individual claiming benefits shall be charged fees or costs of any kind in any proceeding under this Chapter by the board of review, the administrator, or by their representatives, or by any court, but a court may a…
La. Rev. Stat. § 23:1693 Assignment of benefits; exemption of benefits from levy or execution; deduction for
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§1693. Assignment of benefits; exemption of benefits from levy or execution; deduction for support; deduction for overissuance of SNAP benefits A. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this Chapter shall be val…
La. Rev. Stat. § 23:17 Integration of workforce development programs
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§17. Integration of workforce development programs A. All job-training, employment, vocational rehabilitation services, independent living and blind services programs, and employment-related educational programs and functions, along with any federal, state, and local revenues tha…
La. Rev. Stat. § 23:170 REPEALED BY ACTS 1993, NO
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§170. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
La. Rev. Stat. § 23:171 Minors; employment on vessels
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§171. Minors; employment on vessels Employment of a minor, sixteen years of age or older, who is enrolled in, or who has completed an accredited nautical science training program, upon a vessel documented or registered under the laws of the United States, is lawful. The written p…
La. Rev. Stat. § 23:1711 False statements or representations; failure to file reports or maintain records; duties
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§1711. False statements or representations; failure to file reports or maintain records; duties of officers and agents; presumptive proof; penalties A. Whoever makes a false statement or representation to this agency knowing it to be false, or knowingly fails to disclose a materi…
La. Rev. Stat. § 23:1711.1 Independent contractor; rebuttable presumption
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§1711.1. Independent contractor; rebuttable presumption A.(1) Notwithstanding any provision of this Chapter to the contrary, there shall be a rebuttable presumption of an independent contractor relationship with the contracting party for whom the independent contractor performs w…
La. Rev. Stat. § 23:1712 Violations of provisions, regulations or orders when penalty not otherwise prescribed
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§1712. Violations of provisions, regulations or orders when penalty not otherwise prescribed Whoever knowingly violates any provision of this Chapter, or any order, rule, or regulation thereunder and for which a penalty is neither prescribed in this Chapter nor provided by any ot…
La. Rev. Stat. § 23:1713 Waiver of recovery and recovery of benefits improperly received by beneficiary
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§1713. Waiver of recovery and recovery of benefits improperly received by beneficiary A. If the administrator finds that an individual has received any payment under this Chapter to which the individual was not entitled, such individual shall be liable to repay such amount to the…
La. Rev. Stat. § 23:1714 Penalties
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§1714. Penalties A. A civil penalty shall be assessed if benefits are determined to have been overpaid as a result of a fraud disqualification made pursuant to R.S. 23:1601(8) in the amount of twenty dollars or twenty-five percent, whichever is greater, of the total overpayment a…
La. Rev. Stat. § 23:1721 Alternative remedies for the collection of contributions
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§1721. Alternative remedies for the collection of contributions In addition to any of the remedies provided in the various sections of this Chapter, the administrator may, within his discretion, proceed to enforce the collection of any contributions or other payments due under th…
La. Rev. Stat. § 23:1722 Determination and notice of liability and contributions due
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§1722. Determination and notice of liability and contributions due If an employer fails to make and file any report required by authority of this Chapter or to pay any contributions, interest, penalty or other payments due under this Chapter, or if a report made and filed does no…
La. Rev. Stat. § 23:1723 Appeal of determination; procedure; content; delays; hearings
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§1723. Appeal of determination; procedure; content; delays; hearings The employer, within the thirty-day period provided by R.S. 23:1722, may appeal the determination of the administrator by sending an appeal to the administrator by certified or registered mail. The appeal shall …
La. Rev. Stat. § 23:1724 Assessment
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§1724. Assessment At the expiration of the thirty-day period provided for in R.S. 23:1722, or at the expiration of such time as may be necessary for the administrator to consider any appeal filed to such notice, the administrator may proceed to assess the contributions, interest …
La. Rev. Stat. § 23:1725 Notice of assessment; reassessment
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§1725. Notice of assessment; reassessment The administrator shall notify the employer of the assessment by sending a notice of assessment by certified or registered mail to the employer's last known address. Nothing in this part shall be construed so as to deprive the administrat…
La. Rev. Stat. § 23:1726 Legal effect of assessments; when collectible
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§1726. Legal effect of assessments; when collectible A. All assessments under this Part shall be tantamount to and the equivalent of judgments of courts. The assessments are final when made subject only to modification by an appeal as provided in R.S. 23:1728 or reassessment as p…
La. Rev. Stat. § 23:1727 Recordation and effect of notice of assessment
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§1727. Recordation and effect of notice of assessment A. The administrator may cause a copy of the notice of assessment to be filed in the mortgage records of any parish in this state without costs in which the administrator believes that the employer is engaged in business, resi…
La. Rev. Stat. § 23:1728 Appeals; delays; venue; burden of proof
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§1728. Appeals; delays; venue; burden of proof A. When an employer is dissatisfied with the final assessment, he may within thirty days of the date of the notice of assessment file a petition for judicial review of the assessment in either the district court in the parish of East…
La. Rev. Stat. § 23:1729 Authority for assessments to be made executory by the courts
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§1729. Authority for assessments to be made executory by the courts Assessments being tantamount to and the equivalent of judgments may be made executory in any Louisiana court of competent jurisdiction. Added by Acts 1972, No. 336, §1.
La. Rev. Stat. § 23:1730 Procedure for making assessment executory and execution thereof
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§1730. Procedure for making assessment executory and execution thereof The administrator may file an ex parte petition complying with Article 891 of the Code of Civil Procedure together with a copy of the notice of assessment annexed praying that the assessment be made executory.…
La. Rev. Stat. § 23:1731 Injunction to arrest execution of assessment made executory
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§1731. Injunction to arrest execution of assessment made executory The execution of an assessment made executory under this part may be arrested by injunction only if the judgment is extinguished or otherwise legally unenforceable. No temporary restraining order or a preliminary …
La. Rev. Stat. § 23:1732 Prescription of assessments as judgments
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§1732. Prescription of assessments as judgments Assessments under this part being tantamount to and the equivalent of judgments shall not be subject to the running of any prescription other than such prescription as would run against a judgment in favor of the State of Louisiana …