2012 Louisiana Laws
Revised Statutes
TITLE 23 — Labor and worker's compensation
RS 23:1829 — Special conditions

§1829. Special conditions

A. The executive director shall provide financial assistance under this Chapter only upon determining that the activities to be assisted meet the requirements of this Section.

B. No funds for employment under this Chapter shall be used to provide public services, except as provided in Section 1822(2), through a nonprofit organization, association, or institution, or nonprofit private institution of higher education or any other applicant, which were previously provided by a political subdivision, except as provided in Section 1822(2), or local educational agency in the area served by the project or where the employment and training takes place, and no funds will be used under this Chapter to provide such services through such an organization or institution which are customarily provided only by a political subdivision, except as provided in Section 1822(2), or local educational agency in the area served by such project or where the employment and training takes place. No state funds shall be appropriated to or expended by any state department, agency or other legal entity of the state for the purposes of this program.

C. The secretary shall determine that the activities assisted under this Chapter:

(1) Will result in an increase in employment opportunities over those opportunities which would otherwise be available;

(2) Will not result in the displacement of currently employed workers, including partial displacement such as reduction in the hours of nonovertime work or wages or employment benefits;

(3) Will not impair existing contracts for services or result in the substitution of federal for other funds in connection with work that would otherwise be performed;

(4) Will not substitute jobs assisted under this Chapter for existing federally assisted jobs;

(5) Will not employ any youth when any other person is on layoff from the same or any substantially equivalent job by the employer to whom the youth would be assigned; and

(6) Will not be used to employ any person to fill a job opening created by the act of an employer to whom a youth is assigned in laying off or terminating employment of any regular employee, or otherwise reducing the regular work force not supported under this Chapter, in anticipation of filling the vacancy so created with a youth to be supported under this Chapter.

D. The jobs in each promotional line will in no way infringe upon the promotional opportunities which would otherwise be available to persons currently employed in public services not subsidized under this Chapter and no job will be filled in other than an entry level position in each promotional line until applicable personnel procedures and collective-bargaining agreements have been complied with.

E. Where a labor organization represents employees who are engaged in similar work in the same area to that proposed to be performed under the program for which an application is being developed for submission under this Chapter, such organization shall be notified and shall be afforded a reasonable period of time prior to the submission of the application in which to make comments to the applicant and to the executive director.

F. Funds under this Chapter shall not be used to provide full-time employment opportunities:

(1) For any person who has not attained the age with respect to which the requirement of compulsory education ceases to apply under the laws of this state except:

(a) During periods when school is not in session; and

(b) Where employment is undertaken in cooperation with school-related programs academic credit for work experience; or

(2) For any person who has not attained a high school degree or its equivalent if it is determined, in accordance with procedures established by the executive director, that there is substantial evidence that such person left school in order to participate in any program under this Chapter.

G. Youths participating in programs, projects, and activities under this Chapter shall include youths who are experiencing severe handicaps in obtaining employment, including individuals who lack credentials such as a high school diploma, require substantial basic and remedial skill development, are of limited English proficiency, are women and minorities, are veterans of military service, are offenders, are handicapped, have dependents, or have otherwise demonstrated special need, as determined by the executive director.

H. The executive director is authorized to make such reallocation as the executive director deems appropriate of any amount of any allocation under this Chapter to the extent that the executive director determines that an administrative entity will not be able to use such amount within a reasonable period of time. Any such amount may be reallocated only if the executive director has provided thirty days advance notice to the administrative entity of the proposed reallocation, during which period of time the entity may submit comments to the executive director. After considering any comments submitted during such period, the executive director shall notify the entity of any decision to reallocate funds, and shall publish any such decision in the Louisiana Register. Priority shall be given in reallocating such funds to other areas within the state.

I. All programs assisted under this Chapter shall provide appropriate counseling and placement services designed to facilitate the transition of youths from participation in the project to:

(1) Permanent jobs in the public or private sector, or

(2) Education or training programs.

J. Earnings and allowances received by any youth under this Chapter shall be disregarded in determining the eligibility of the youth's family for, and the amount of, any benefits based on need under any federal or federally assisted programs.

Acts 1986, No. 612, §1; Acts 1989, No. 834, §1.