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Terms Used In Louisiana Revised Statutes 23:1019.3

  • 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
  • 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
  • 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. Before hiring an employee or independent contractor, the operator shall require the potential employee or independent contractor to submit in writing answers to a questionnaire which includes all of the following questions:

            (1) Is your freedom of movement restricted?

            (2) How do you learn about job opportunities?

            (3) Did you come to this country for a specific job that you were promised?

            (4) To what forms of media or telecommunication do you have access?

            (5) Do you or does someone else retain your identification documents?

            (6) Were you provided with false documents or identification?

            (7) How was payment for your travel handled?

            (8) Do you owe your employer any money?

            B. After the questionnaire is complete, the potential employee or independent contractor shall sign affirming the accuracy of the answers and the operator shall sign to acknowledge receipt. The operator shall retain a copy of the questionnaire for his records in a locked or otherwise secure location for at least three years after the last day of the employee’s or independent contractor’s work with the sexually oriented business.

            C. The Louisiana Workforce Commission shall prepare a standard form questionnaire to implement the provisions of this Section.

            Acts 2018, No. 703, §1.