the employees of Contractor. Contractor shall have control and management of the Work, the selection of employees and the fixing of their hours of labor, and no right is reserved to Operator to direct or control the manner in which the Work is performed, as distinguished from the result to be accomplished. Nothing herein contained shall be construed to authorize Contractor to incur any debt, liability, or obligation of any nature for or on behalf of Operator. An contractor defense” can be particularly important if the “independent indemnity or insurance protection owed to the company is unenforceable. Louisiana Statutory Employer Under Louisiana law, a employer” is entitled to immunity from “statutory tort claims asserted by its employees.” A statutory employer provision “statutory creates a rebuttable presumption of statutory employer status. But to obtain this immunity, there generally must be an express language in the MSA along the following lines: In all where Contractor’s employees (defined to include contractor’s direct, borrowed, special or statutory employees) are covered by the Louisiana Worker’s Compensation Act, La. R.S. 23:1021 et seq., Company and Contractor agree (a) that all Work performed by Contractor and its employees pursuant to this Agreement are an integral part of and are essential to the ability of Company to generate Company’s goods, products and services for purposes of La. R.S. 23:1061A(1) and (b) that Company is the principal or statutory employer of Contractor’s employees for the purposes of La. R.S. 23:1061A(3). Irrespective of Company’s status as the statutory employer or special employer (as defined in La. R.S. 23:1031C or otherwise) of Contractor’s employees, Contractor shall remain primarily responsible for the payment of worker’s compensation benefits to its employees and shall not be entitled to seek contribution for any such payments from Company. Choice of Law Consider the effects of state law including anti-indemnity and implied warranty acts, the location of the majority of work, and whether that selection of law will be enforceable under the state law where the work will be performed. Declare that the law chosen is the law of the state, exclusive of its “substantive conflicts of law principles.” Payment Require a standard of performance. Contractors must earn the rate they charge.
the employees of Contractor. Contractor shall have control and management of the Work, the selection of employees and the fixing of their hours of labor, and no right is reserved to Operator to direct or control the manner in which the Work is performed, as distinguished from the result to be accomplished. Nothing herein contained shall be construed to authorize Contractor to incur any debt, liability, or obligation of any nature for or on behalf of Operator. An “independent contractor defense” can be particularly important if the indemnity or insurance protection owed to the company is unenforceable. Louisiana Statutory Employer Under Louisiana law, a “statutory employer” is entitled to immunity from tort claims asserted by its “statutory employees.” A statutory employer provision creates a rebuttable presumption of statutory employer status. But to obtain this immunity, there generally must be an express language in the MSA along the following lines: In all where Contractor’s employees (defined to include contractor’s direct, borrowed, special or statutory employees) are covered by the Louisiana Worker’s Compensation Act, La. R.S. 23:1021 et seq., Company and Contractor agree (a) that all Work performed by Contractor and its employees pursuant to this Agreement are an integral part of and are essential to the ability of Company to generate Company’s goods, products and services for purposes of La. R.S. 23:1061A(1) and (b) that Company is the principal or statutory employer of Contractor’s employees for the purposes of La. R.S. 23:1061A(3). Irrespective of Company’s status as the statutory employer or special employer (as defined in La. R.S. 23:1031C or otherwise) of Contractor’s employees, Contractor shall remain primarily responsible for the payment of worker’s compensation benefits to its employees and shall not be entitled to seek contribution for any such payments from Company. Choice of Law Consider the effects of state law including anti-indemnity and implied warranty acts, the location of the majority of work, and whether that selection of law will be enforceable under the state law where the work will be performed. Declare that the law chosen is the “substantive law of the state, exclusive of its conflicts of law principles.” Payment Require a standard of performance. Contractors must earn the rate they charge.
MSA%20Overview%20Print%20Materials%20for%202013%20Duck%20Lunch%20(2).docx