Lawmakers want clarity on misclassified employees

A Louisiana House committee advanced a bill Thursday meant to clarify enforcement of laws related to employee misclassification.
Businesses that misclassify their employees as independent contractors can get out of paying the taxes that support unemployment benefits, forcing businesses that follow the law to shoulder more of the tax burden. The issue has garnered additional attention in recent months as the state’s unemployment insurance trust fund has been depleted by unprecedented demand tied to the COVID-19-related downturn.
Companies that avoid paying some of their taxes also gain a competitive advantage over those that do, some lawmakers said. Yet Louisiana is the only state in the nation with a classification statute that lets employers off with a warning on the first offense.
Thursday’s meeting of the House Committee on Labor and Industrial Relations featured the rare sight of the Louisiana Association of Business and Industry and the Louisiana chapter of the AFL-CIO labor union at the witness table together in support of a bill.
Both organizations participated in the task force that led to the creation of House Bill 151, which calls for an administrative penalty of up to $500 per employee that an employer willfully misclassifies on a first offense, with escalating penalties on subsequent offenses. However, the penalty for a first offense may be waived if the employer comes into compliance within 60 days.
Critics of HB 151 worry it defines “contractor” too broadly and favors businesses over workers. Erika Zucker with the Workplace Justice Project said the definition conflicts with federal policy and could lead to confusion and litigation.
New motto?
Amid lifted mask mandates, businesses re-openings and a barrage of economic recovery proposals in the Legislature, Louisianans may soon find some new changes to the history of the state itself.
The House Judiciary Committee passed bills Thursday to establish a new state motto and to name “Southern Nights,” a song written by the late New Orleans music legend Allen Toussaint, as the fifth state song.
Rep. Richard Nelson, R-Mandeville, brought up HB17, which proposes to change the state motto from “Union, Justice, Confidence,” to “We live and die for those we love.”
It was made clear that this was not a random phrase penned by Nelson either, as committee members pointed out that two iterations of the new motto appear on Louisiana law licenses and the walls of the Louisiana State Capitol.
The representative also said he felt the old motto of “Union, Justice, Confidence” was a “rip-off” of Georgia’s state motto, “Wisdom, Justice, & Moderation,” which was established in 1776 when Georgia became the 13th U.S. colony.
— Matthew Bennett
LSU Manship School News Service
Hair bias?
A bill banning employers from discriminating against natural hairstyles advanced through a House committee Thursday, even though four Republicans objected to it.
The bill, written by state Sen. Troy Carter, a Democrat from New Orleans who was recently elected to the U.S. Congress, adds natural hair to the traits Louisiana companies cannot discriminate against when hiring. The House Labor Committee approved the bill in a 7-4 vote.
“The issue of natural hair and descendants who are of African American descent particularly, who opt to wear their hair natural, non-permed and without chemicals should be able to do that,” said Carter.
The bill had passed 8-0 in a Senate committee and continued its success in the full Senate, passing 31-0.
One worry from critics on the panel was that business owners would be confused on what is a natural hairstyle.
The four Republicans who voted against the bill were Reps. Beryl Amedée of Houma, Valarie Hodges of Denham Springs, Raymond Crews of Bossier City and Larry Frieman of Abita Springs.
Every Democrat in the committee voted favorably as well as three Republican representatives — Michael Echols of Monroe, Dodie Horton of Haughton and Charles Owen of Rosepine.
—Ryan Nelsen
LSU Manship School News Service

Reading test
The Senate voted 29-0 Thursday to require public schools to create and develop a literary assessment for every K-3 student.
The assessment would evaluate each K-3 student’s reading and literacy level. It would be given within the first 30 days from the beginning of school, and the results would tell teachers and principals the percentage of students reading below, at or above grade level.
—Emily Wood
LSU Manship School News Service
Cameras for
special kids
A bill to allow cameras in special education classrooms if parents or legal guardians request them is headed to the Senate floor.
Sen. Franklin Foil, R-Baton Rouge, the author of Senate Bill 86, said he brought the bill forward on behalf of the Louisiana Developmental Disabilities Council and concerned parents.
The bill, which was approved by the Senate Education Committee Thursday, would require public and charter schools to create policies for the implementation of video and audio in special education classrooms.
The cameras would not be allowed near restrooms or anywhere where a child might be unclothed.
Dr. Mary Elizabeth Christian, a physician in Baton Rouge and the mother of a 21-year-old with autism, epilepsy and neuromuscular disorder, recounted her daughter’s experience with a school in East Baton Rouge Parish.
“I will never forget the day when we were in an individualized education planning meeting for my daughter, and the principal proudly told us that Grace was making social progress because they were not having to strap her down nearly as often as they had in the past,” said Christian.
Christian went on to advocate for the bill, stating that it will protect students who cannot speak for themselves, who are vulnerable, and who reside in classrooms that are isolated without windows.
—Emily Wood
LSU Manship School News Service