http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/index.html LawInfo - Legal Resource Center offers free Louisiana Labor and Employment legal forms and free Louisiana Labor and Employment legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/are-there-restrictions-on-the-hours-a-minor-i.html <p>Minors ages 14&shy;15 may work 40 hours per week during breaks from school. During school they can work three hours a day between 7:00 a.m. and 7:00 p.m. for a maximum of 18 hours a week. Minors who work more than five hours a day are entitled to a 30&shy; minute break. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/are-ui-benefits-taxable.html <p>Unemployment Insurance benefits are taxable income. You will be issued Form 1099G at the end of January showing the amount of benefits paid to you, as well as any federal income tax withheld at the time the benefits were paid. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/can-i-claim-weekly-benefits-by-telephone.html <p>To file your continued claim, you can call the "Easy Call" phone number for your area. These numbers are listed in the back of the <a href="http://www.ldol.state.la.us/forms/ui/BRIHandbook.pdf">BENEFITS HANDBOOK</a> . After each week ending date, you will have seven calendar days to file your weekly claim by telephone. For more information, refer to <a href="http://www.ldol.state.la.us/forms/ui/easycall.pdf">EASY CALL INSTRUCTIONS</a> . Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/can-i-receive-benefits-if-i-quit-or-i-am-fire.html <p>When there is a separation issue, fact finding is obtained from both the individual and the employer to determine eligibility for benefits. The decision is made based on unemployment insurance law, which provides the guidelines to decide whether or not the individual should be disqualified. If the individual quit, was it for good cause connected to the work? If the individual was discharged, was it based on misconduct connected to the work? Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/can-i-work-and-still-receive-partial-benefits.html <p>You may be eligible to receive partial unemployment benefits if you are employed at your regular job but your work hours have been reduced temporarily to less than full&shy;time and you are currently earning less than your weekly unemployment benefit amount. If you choose to file a partial claim for benefits, you do not have to make an active search for work with other employers during those weeks.<p>You may also be eligible for partial benefits if you are separated from your regular job and have accepted part&shy;time work or odd jobs but earn less than your weekly benefit amount. If you file a claim while working part&shy;time, you will generally be required to make an active search for full&shy;time work during each week that you claim benefits. You must also report the wages you earned from this part&shy;time work when you file your weekly claim for benefits.<p>Amounts earned over 50% of the weekly benefit amount, or $50, whichever is lower, will be deducted from the weekly benefit amount. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/can-the-employer-do-anything-about-the-claim.html <p>If an individual voluntarily left employment with your company or if that individual was discharged for misconduct, you may have a valid reason to protest the payment of benefits. Your first opportunity to protest is to submit a <a href="http://domino.ldol.state.la.us/es77online.nsf/es77online?OpenForm">Separation Notice Alleging Disqualification, Form 77</a> . This form must be completed and delivered or mailed to the former employee within 72 hours of the separation. Within the same period, a copy of the completed form must be sent to the Department of Labor. Your next opportunity to protest will be when you receive the Notice of Claim Filed, Form 110 and/or the Notice to Base Period Employer, Form 152. You should give exact and factual information regarding the employee's separation. Failure to return the forms within the ten days allowed may jeopardize your right to receive a non&shy;charge on the payment of benefits. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/does-the-receipt-of-vacation-or-severance-pay.html <p>Generally, vacation pay, severance pay, holiday pay, bonuses, wages in lieu of notice, and payments from a retirement or pension plan are deductible from weekly unemployment benefits. You should provide information on the amount, the type of payment made to the individual, and the period of time covered by the payment when you complete the Separation Notice Alleging Disqualification, Form 77; the Notice of Claim Filed, Form 110; and the Notice to Base Period Employer, Form 152. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/how-do-i-file-a-claim-for-discrimination.html <p>Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Claims of discrimination in Louisiana should be forwarded either to the Louisiana Commission on Human Rights (<a href="http://www.gov.state.la.us/depts/lchr.htm">LCHR</a>) in Baton Rouge, Louisiana at (225) 342&shy;6969, or to the Equal Employment Opportunity Commission (<a href="http://www.eeoc.gov/">EEOC</a> ) in New Orleans, Louisiana.<p>Louisiana also has a specific pregnancy discrimination law that prohibits an employer having 25 or more employees from discriminating against a pregnant employee. These complaints should be forwarded to LCHR or EEOC. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/how-do-i-file-a-claim-for-unemployment-insura.html <p>To file a claim for unemployment insurance, report in person to the nearest <a href="http://www.ldol.state.la.us/qm_servicelocator.asp">Job Center</a> with proof of identification, such as a driver's license, and a social security card. Bring the names and addresses and job&shy;site locations of any employers for whom you worked during the last 18 months.<p>If you served in the military during the last 18 months, bring in your member&shy;4 copy of your DD214. If you worked for a federal employer during the last 18 months, bring in proof of wages. Also bring your SF&shy;8 and SF&shy;50, if available. However, do not delay filing if you cannot locate your federal documents. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/how-do-i-pay-my-unemployment-taxes.html <p>Each quarter, the Louisiana Department of Labor will mail you the necessary forms and instructions during the month following the end of the taxable quarter. However, the employer is responsible for obtaining the necessary forms if none are received in the mail. Those forms are available online as is an online filing option. Check out the online <a href="http://www.ldol.state.la.us/bus_uitaxprep.asp">Quarterly UI Contributions Tax Preparations</a> for more information. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/how-do-i-qualify-for-unemployment-insurance-b.html <p>The law sets qualifying requirements in three main areas: your past wages, your job separation, and ongoing availability and work search requirements. You must meet all of the following qualifying requirements in order to receive benefits. <p>Past Wages: You must have earned enough wages in your base period. The base period is the first four of the last five completed calendar quarters before you filed your claim. Wages earned during the base period must be at least $1200 and equal to at least 1 1/2 times the high quarter wages. <p>Reason for separation from your last work: You must be unemployed or partially unemployed through no fault of your own in order to receive benefits.<p>Ongoing availability and work search: You must be physically able and available to work. You must also be actively seeking work. If you are temporarily laid off and have a definite return&shy;to&shy;work date, your work search requirements may be waived.<p>Click on the following link if you need forms or publications regarding unemployment benefits:<p><a href="http://www.ldol.state.la.us/qm_formsindexdetail.asp?LookupValue=UI">Unemployment Benefits Forms/Publications</a> Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/how-much-can-i-receive-in-unemployment-benefi.html <p>The minimum weekly benefit amount in Louisiana is $10.00. The maximum is currently $258. Your weekly benefit amount could be anywhere in this range, depending upon the total amount of wages paid to you during your base period. The total amount of unemployment insurance benefits payable to you would be equal to the lesser of 26 times your weekly benefit amount or 27% of your total base period wages. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/must-my-employer-provide-rest-or-breaks.html <p>Employers are not required by law to provide any breaks to employees 18 years or older. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/please-explain-the-new-hire-program.html <p>All employers must report all new hires and rehires within 20 days. The New Hire Report must contain, at a minimum, the name, address, occupation, and social security number of the employee; and the name, address, and federal employer identification number of the employer.<p>Reporting may be accomplished by any of the following methods: <p>Internet &shy; This option is available 24 hours a day, seven days a week and is the only method with which you receive a confirmation of receipt. You may report <a href="https://newhire.dss.state.la.us">On Line</a> . This site enables the employer to report new employees by manually entering new hire data on&shy;line. Or you may report by <a href="http://newhire.dss.state.la.us/ftp">File Transfer Protocal (FTP)</a> . This site enables the employer to upload new hire data files. These files must be formatted in a specific layout as outlined in the New Hire Media Guide. <p>Phone: 888&shy;223&shy;1461 (2 or less) FAX: 888&shy;223&shy;1462 <p>Mail &shy; Send information to<br> Support Enforcement Services<br> New Hire Reporting Program<br> P.O. Box 2151<br> Baton Rouge, LA 70821 <p>Diskette &shy; Mail to above address <p>Tape/Cartridge &shy; Send information to<br> Information Services<br> P. O. Box 3957<br> Baton Rouge, LA 70821<br> Attn: LASES New Hire Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-can-i-do-if-i-am-denied-benefits.html <p>You may appeal a Notice of Claim Determination within 15 days of the mailing date of the document. By doing so, you are requesting a hearing before an Administrative Law Judge. The appeal may be filed by visiting the Job Center nearest your residence within 15 days of the mailing date of the form. You may also file the appeal by mail. Simply address your request to the office or unit listed on the determination, indicating that you wish to appeal.</p> <p>When an appeal is filed, it is sent to the Appeals Section where an Administrative Law Judge reviews it and then schedules it for a hearing. A hearing notice will be mailed to the parties. Most hearings are conducted at the office where the claim was filed or at some other hearing location that is within 50 miles of both parties. If both parties are not within 50 miles of a common hearing location, the hearing would be conducted by telephone.</p> <p>If you appeal as a claimant, you should continue to file weekly claims until a final decision is rendered or until you return to work.</p> Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-happens-after-i-file-my-claim.html <p>Shortly after filing your unemployment claim, you will receive a monetary determination showing your wages earned in each quarter of the base period. It will also show the name of each employer you worked for during the base period and the amount of earnings each employer reported per quarter. This determination will show your weekly benefit amount, your maximum benefit amount, and the benefit year and base period beginning and ending dates. The WBA is the maximum payment that you can receive for each week you claim benefits. The MBA is the total amount payable to you for the benefit year. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-happens-after-the-hearing.html <p>The Administrative Law Judge who conducts the hearing will mail a written decision to the parties. The written decision is usually mailed to the parties within seven days after the hearing. <p>The Administrative Law Judge's decision can be appealed to the Louisiana Board of Review. The appeal must be filed within 15 days of the mailing date on the Administrative Law Judge's decision. The decision of the Board of Review can be appealed in the state district courts, also within 15 days of the mailing date. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-is-the-tax-rate.html <p>Each employer is assigned a tax rate, which is then a factor in computing your quarterly unemployment taxes. The tax rate is multiplied against your quarterly taxable payroll to obtain your quarterly tax liability. For new employers, you will be assigned the average tax rate for the industry in which you are doing business. After 24 months of potential liability (period during which quarterly charges could be applied against your account), rates are individually re&shy;computed for each employer and, thereafter, on an annual basis. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-will-happen-at-the-appeals-hearing.html <p>At the hearing, the Administrative Law Judge will place the parties and any witnesses under oath and question them about the issues involved in the appeal. The parties can appear alone or with a representative. A representative can be an attorney or any other person the party chooses to help present the case.<p>The parties should bring along any documents or witnesses that may possibly help their case. The parties can send a written request to the Judge to have witnesses and/or documents subpoenaed for the hearing. The request must contain the name and home address of the witness, and a specific statement of what the testimony or documents will prove. The request must be received at least 72 hours (three days) before the time of the hearing. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/what-is-the-minimum-wage-in-louisiana-.html <p>Louisiana has no wage laws concerning minimum wage, overtime, or the regulation of salaried employees. The United States Department of Labor's (USDOL) Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the <a href="http://www.dol.gov/esa/whd">WH</a> division of the USDOL Web site.</p> Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/when-will-i-receive-my-first-check.html <p>Each unemployment claim is normally effective the Sunday date of the week in which the claim is filed. Louisiana unemployment insurance law provides that the first week benefits would otherwise be paid is to be held as the "week of waiting." <p>In most cases, the first unemployment check is received three weeks after the claim has been filed. Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Louisiana/which-employers-must-pay-unemployment-compens.html <p>Every employing unit operating in Louisiana is required to complete and submit a <a href="http://www.ldol.state.la.us/forms/wts/statusreport.pdf">Status Report</a> for an official determination of liability or non&shy;liability of its operations under the Louisiana Employment Security Law.<p>Click on the following link if you need forms or publications:<p><a href="http://www.ldol.state.la.us/qm_formsindexdetail.asp?LookupValue=WTS">Wage, Tax & Status Forms/Publications</a> Louisiana Labor and Employment FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Age-Discrimination-in-Employment-Act-ADEA/Louisiana/index.html Free Age Discrimination in Employment Act (ADEA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Americans-with-Disabilities-Act-ADA/Louisiana/index.html Free Americans with Disabilities Act (ADA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Background-Checks/Louisiana/index.html Free Background Checks FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Civil-Rights-Act-of-1964-Title-VII/Louisiana/index.html Free Civil Rights Act of 1964 (Title VII) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Cobra/Louisiana/index.html Free Cobra Insurance FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Disability-Law/Louisiana/index.html Free Disability Law FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Drug-Tests/Louisiana/index.html Free Drug Tests FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEO-1-Report/Louisiana/index.html Free EEO-1 Report FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/EEOC-Violations-and-Investigation/Louisiana/index.html Free EEOC Violations & Investigation FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Employee-Retirement-Income-Security-Act-ERISA/Louisiana/index.html Free Employee Retirement Income Security Act (ERISA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Discrimination-Employment/Louisiana/index.html Free Employment Discrimination FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Fair-Labor-Standards-Act-FLSA/Louisiana/index.html Free Fair Labor Standards Act (FLSA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Family-Medical-Leave-Act-FMLA/Louisiana/index.html Free Family Medical Leave Act (FMLA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Labor-Management-Relations-Act-LMRA/Louisiana/index.html Free Labor Management Relations Act (LMRA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Occupational-Safety-and-Health-Act-OSHA/Louisiana/index.html Free Occupational Safety & Health Act (OSHA) FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Rehabilitation-Act-of-1973/Louisiana/index.html Free Rehabilitation Act of 1973 FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Sexual-Harassment-HR/Louisiana/index.html Free Sexual Harassment FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/Wages-and-Hours/Louisiana/index.html Free Wages and Hours FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT http://resources.lawinfo.com/en/Legal-FAQs/WrongfulTermination/Louisiana/index.html Free Wrongful Termination FAQs Labor and Employment Sub-categories Fri, 27 Nov 2009 04:02:16 GMT