Louisiana Revised Statutes 23:1762 – Exemptions and exceptions
Terms Used In Louisiana Revised Statutes 23:1762
- Client: means an employer who obtains services on all or a majority of its work force or labor from a professional employer organization. See Louisiana Revised Statutes 23:1761
- Co-employment relationship: means an employment relationship whereby both the client and the PEO have an employer/employee relationship with the covered employee and the direction and control of the covered employee is shared by or allocated between the client and the PEO pursuant to a PEO service agreement. See Louisiana Revised Statutes 23:1761
- Covered employee: means a person having a co-employment relationship with both a PEO and the PEO's client pursuant to an executed PEO service agreement. See Louisiana Revised Statutes 23:1761
- Employer: means :
(a) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for services in employment wages of one thousand five hundred dollars or more for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual regardless of whether the same individual was in employment each day. See Louisiana Revised Statutes 23:1472
- Employment: means , subject to the other provisions of this Subsection, any services including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied;
- PEO: means any person that offers professional employer services pursuant to a professional employer services agreement with a client, including but not limited to administrative services organizations and employee leasing organizations that provide services pursuant to a PEO agreement. See Louisiana Revised Statutes 23:1761
- State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Louisiana Revised Statutes 23:1472
- United States: when used in a geographical sense, includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. See Louisiana Revised Statutes 23:1472
A. This Part shall not apply to the following:
(1) Labor organizations as defined by the National Labor Relations Act.
(2) Staffing services.
(3) Temporary employment arrangements.
(4) Independent contractors.
(5) Political subdivisions of the state or the United States and any of their programs or agencies.
B.(1) This Part shall not prohibit a client who is party to a collective bargaining agreement from contracting with a PEO, if the union consents to such agreement.
(2) A PEO arrangement shall have no effect on collective bargaining agreements that are in existence prior to the PEO arrangement.
C. This Part shall not apply to contracts for services where no co-employment relationship exists and neither party represents such services as being PEO services.
D.(1) This Part does not exempt a client of a registered PEO or a covered employee from any other license requirements imposed under local, state, or federal law.
(2) A covered employee who is licensed, registered, or certified under law is considered to be an employee of the client for purposes of that license, registration, or certification.
(3) A registered PEO is not engaged in the unauthorized practice of an occupation, trade, or profession that is licensed, certified, or otherwise regulated by a governmental entity solely by entering into a professional employer services agreement with a client or co- employing an employee of such a client.
Acts 2001, No. 1150, §2, eff. Jan. 1, 2002.