Louisiana Independent Contractor or Employee? Poster Required

An Equal Opportunity Employer Program. Auxiliary aids and services are a\
vailable upon request to individuals with disabilities. 1-800-259-5154 (TDD)	www.laworks .net	
This notice must be posted in 
a conspicuous place, setting 
forth information to effectuate 
this purpose.
R.S. 23:1711  
September 2012	
ATTENTION ALL EMPLOYEES, 
EMPLOYERS, INDEPENDENT  CONTRACTORS AND SUBCONTRACTORS:	
The law says that you are an employee unless: 	
•  You are free from direction and control in performing 
your job, AND  
•  You perform work that is not part of the usual work 
done by the business that hired you  OR is not 
performed on the business’s premises,  AND
•  You are customarily engaged in an independently 
established trade, occupation, profession or business.
Your employer cannot consider you to be an 
independent contractor unless all three of these facts 
apply to your work. 	
IT IS AGAINST THE LAW FOR 
AN EMPLOYER TO MISCLASSIFY EMPLOYEES  AS INDEPENDENT CONTRACTORS OR PAY EMPLOYEES OFF THE BOOKS.	
Employee Rights:
If you are an employee, you are entitled to:	
• Unemployment bene fi ts, if unemployed through 
no fault of your own, able to work, and meet other 
eligibility requirements
•  Workers’ Compensation benefi  ts for 
on-the-job injuries.
It is a violation of this law for employers to retaliate against 
anyone who asserts their rights under the law. Retaliation 
subjects an employer to civil penalties, a lawsuit or both. If 
you have questions about whether you are an employee or 
independent contractor, or you want to  fi le a complaint, call 
the Louisiana Workforce Commission Fraud Hotline  at 
1-(800)-201- 3362 .
Independent Contractors:  
If you are an independent contractor, you must pay all taxes 
required by Louisiana and Federal Law.
Employer Consequences:
Pursuant to Louisiana Employment Security Law 
R.S. 23:1711 (G):  Penalties for misclassifying a worker as 
an independent contractor include:
•  Fines of up to $500 per worker per instance
•  Imprisonment for up to 90 days
•  Prohibited from contracting with any state agency or  political subdivision of the state for three years.