Louisiana Revised Statutes 23:1019.2 – Employee and independent contractor eligibility verification
Terms Used In Louisiana Revised Statutes 23:1019.2
- Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
- Employee: means any individual employed by a sexually oriented business for remuneration pursuant to a contract for hire but does not include an independent contractor. See Louisiana Revised Statutes 23:1019.1
- Independent contractor: means an individual contracted to perform services for a sexually oriented business on a non-exclusive basis pursuant to a written agreement specifying that the individual is a contractor and not an employee of the sexually oriented business. See Louisiana Revised Statutes 23:1019.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means any individual on the premises of a sexually oriented business authorized to manage the business, exercise overall operational control of the premises, or cause the business to function. See Louisiana Revised Statutes 23:1019.1
- Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1
- Sexually oriented business: means any business that is part of the sex industry that offers services that include the exposure of specified anatomical areas or specified sexual activities, or the purchase of erotic paraphernalia. See Louisiana Revised Statutes 23:1019.1
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.