In Louisiana, the gig economy relies on a multi-factor test under state law to distinguish employees from independent contractors, rather than a strict ABC test used elsewhere. Workers are presumed employees unless proven otherwise, affecting benefits like unemployment insurance and workers’ compensation. Gig workers on digital platforms, such as app-based drivers, often qualify as contractors if they meet specific independence criteria.​
Classification Test
Louisiana uses an economic reality test blending federal guidelines with state specifics from Louisiana Revised Statutes Title 23, Chapter 15. Key factors include the degree of control over work methods, the worker’s opportunity for profit or loss, and integration into the business’s core operations.​
An independent contractor must exercise independent methods without control except on results, per R.S. 23:1472(12)(E), and often meet a three-fold test: freedom from control, work outside the employer’s usual business or place, and operation of an independent business.​
Gig Worker Specifics
Digital platform workers like Uber or DoorDash drivers generally remain independent contractors under recent state updates, provided they control schedules, use personal equipment, and serve multiple clients. Platforms must comply with TNC laws like La. R.S. § 48:2199, but classification favors contractor status for flexibility.​
Misclassification risks penalties including back taxes, fines up to $10,000, and personal liability for injuries, with records like agreements and invoices needed for defense.​
Federal Overlap
Federal DOL rules since 2024 use a six-factor economic dependence test, but Louisiana’s presumption adds state stringency without overriding gig platforms’ typical contractor model. Platforms like Uber assert drivers stay contractors under both.
SOURCES
[1](https://www.employmentlawworldview.com/u-s-department-of-labor-says-gig-economy-workers-are-independent-contractors-not-employees-us/)
[2](https://www.workforcehub.com/hr-laws-and-regulations/louisiana/work-and-labor-classification-laws-in-louisiana/)
[3](https://www.alfainternational.com/compendium/gig-economy/louisiana/)
[4](https://canalhr.com/blog/independent-contractor-vs-employee/)
[5](https://english.elpais.com/economy-and-business/2024-01-09/new-rule-tightens-worker-classification-standards-uber-lyft-say-their-drivers-wont-be-affected.html)
