Louisiana eAuthority (March 2012)
Immigration Status Verification Laws; Criminal Background Checks for Individuals Seeking Employment; Employment of Minors; Tax Credit Still Available to Businesses Sponsoring Apprenticeship Programs; Extension of the Deadline for Application to Receive Tax Credits or Rebates Relative to the Louisiana Quality Jobs Program; Unemployment Compensation Experience Rating Records; Louisiana Ends 2011 with More Jobs; Weak Job Growth Expected in 2012-2013; Workplace Fatalities Decreasing; Louisiana Leads Nation in Improper Unemployment Payments; Professor’s Whistleblower Claim May Proceed to Trial; Fifth Circuit Issues a Ruling on Louisiana’s Wage Payment Law; Fifth Circuit Affirms Dismissal of Commute-Time Collective Action; State Supreme Court Applies Dukes.
Louisiana Workforce Commission Developments
The Louisiana Workforce Commission has updated the Earned Income Credit (EIC) poster to reflect the 2012 income eligibility increases and notice of the elimination of the advance payments of the Earned Income Tax Credit to workers after December 31, 2010. The new poster can be downloaded from the Louisiana Workforce Commission’s website. A Spanish version is also available.
DOL Teams With Louisiana Workforce Commission to Target Worker Misclassification
Last week, Louisiana became the thirteenth state to agree to share information and coordinate enforcement efforts with the U.S. Department of Labor in an effort to crack down on employers who misclassify their employees as independent contractors. To that end, the Labor Department's Wage and Hour Division signed a memorandum of understanding with Louisiana's Workforce Commission to reduce worker misclassification, the agencies recently announced.
Louisiana Joins the DOL's Misclassification Initiative
Louisiana is the latest State to sign a Memorandum of Understanding and join forces with the U.S. Department of Labor to combat employee misclassification.
Louisiana Legislature Kicks Immigration Compliance Up a Notch or Two
The Louisiana legislature recently passed two laws aimed at immigration compliance which have the effect of: (1) requiring employers and subcontractors that do business with the State to use E-Verify; and (2) giving employers that are not required to use E-Verify a “safe harbor†from immigration penalties if they choose to use E-Verify. Both bills were signed into law by Governor Bobby Jindal on July 6th, 2011, and will take effect on August 15th, 2011. So Louisiana employers have a little less than a month to prepare for compliance.
Louisiana Cracks Down on Illegal Immigrant Hiring
Effective August 15, 2011, Louisiana joins the parade of states cracking down on illegal immigration. Governor Bobby Jindal signed two separate bills into law addressing the employment of illegal aliens.
Louisiana Governor Signs E-Verify Bill
On July 1, 2011, Louisiana Governor, Bobby Jindal, signed House Bill 646. La. R.S. 23:995. The law prohibits any Louisiana employer from hiring an individual that is not lawfully entitled to work or reside in the United States. The law also requires that all Louisiana employers use E-Verify to establish a good faith defense that they have verified the citizenship and employment eligibility of the individuals that they have hired. Louisiana employers who opt to use E-Verify to verify that their employees are authorized for employment will not be subject to monetary penalty or license revocation, if the individual is ultimately determined to be unauthorized for work in the United States.
Louisiana Immigration Law Creates New Protections, Penalties For Employers
Gov. Bobby Jindal recently signed into law a new bill requiring Louisiana employers to take additional steps to ensure that employees are legally authorized to work in the United States. The new law allows employers to verify citizenship or work authorization through the E-Verify system maintained by the U.S. Citizenship and Immigration Services or retain copies of certain identity and legal status documents. The law creates a presumption of good faith for employers who check the citizenship status of their employees through E-Verify. The law provides for increased civil penalties and adds license revocation as consequences for those who do not comply with the new requirements.
Louisiana Employment Verification Laws Await Governor’s Signature
The Louisiana State Legislature has passed two laws aimed at deterring the employment of unauthorized aliens. HB 342 would prohibit state contractors from bidding or contracting for state work without first submitting an affidavit attesting that they will use the federal E-Verify program to verify the legal work status of workers throughout the project. It also would require the contractor to obtain sworn statements from their subcontractors attesting to the use of E-Verify. Failure to complete the affidavit or use E-Verify as required would cause the work to be terminated and bar the contractor from future bidding or contract work for up to three years.
Louisiana House of Representatives Approves E-Verify Bill
Lawmakers in the Louisiana House of Representatives voted 86-0 to approve House Bill 646. House Bill 646 is not yet effective in Louisiana. However, if the House Bill is approved by the Louisiana Senate, and signed by Louisiana Governor Bobby Jindal, House Bill 646 will require all Louisiana employers to use E-Verify to determine an employee's immigration status.
