LA HB 151

Author

Neil Riser
P. O. Box 117
Columbia, LA 71418
318-649-0977
risern@legis.la.gov
Author Detail Link
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Bill Text

Category

Employee Misclassification

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State

LA

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Summary

Increases the administrative penalties for employers who misclassify employees and fail to pay unemployment insurance contributions.

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Issue

Provides that upon an initial investigation through which it is determined that an employer has knowingly and willfully
misclassified employees, in addition to any contributions, interest, and penalties otherwise due, the administrator may assess an administrative penalty of up to $5,000 per employee.

Changes the penalty for a second offense from up to $250 to up to $10,000 per misclassified employee in addition to the contributions, interest, and penalties owed.

Changes the penalty for a subsequent offense from up to $500 to up to $25,000 per misclassified employee in addition to the contributions, interest, and penalties owed.

Changes the penalty for a subsequent offense from a fine between $100 and $1,000 or imprisonment between 30 and 90 days or both to a fine up to $50,000 and imprisonment between 30 and 90 days, per misclassified employee in addition to the contributions, interest, and penalties
owed.

Provides that in addition to any penalties assessed for a second or subsequent offense, an employer is ineligible to receive any state tax rebates to which he is otherwise entitled.

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Notes

Substituted by HB 705, which makes an exception for motor carriers under contract with owner operator.

History

03/19/2021 Pre-filed. Provisionally referred to the House Committee on Labor and Industrial Relations.
04/12/2021 First reading. Referred to the House Committee on Labor and Industrial Relations.
05/06/2021 Reported by substitute HB 705.