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HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”

HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”

HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”

HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”

HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”

HIRE NOLA Illegal

On March 3, 2015, the Louisiana Attorney General issued Opinion No. 16-0020 which concludes that the local hiring ordinance recently implemented by the City of New Orleans violates state law. The Attorney General Opinion reviewed Ordinance No, 26607 which established “HireNOLA” which requires all contractors and subcontractors on all City of New Orleans public works contracts over $150,000 to make “good faith efforts” to achieve a certain percentage of the work hours performed by "local workers" (persons domiciled in Orleans Parish). Additionally, the Ordinance requires contractors to use the City as its first source for recruitment, referral and placement of all new hires on such projects. Finally the Ordinance prohibits the City from signing a contract unless it is supported by documentation establishing that the prime contractor has met the local hiring requirement. The Attorney General determined that, under the Louisiana Public Bid Laws, the Ordinance is unlawful. La. R.S. 38:2225 B states that “[a]ny local law, …  ordinance, or executive order … granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section” The Attorney General concluded by stating: “Absent any legal authority to establish a local hiring preference or otherwise require contractors to hire local workers, it is the opinion of this office the inclusion of such a requirement would be impermissible and against Louisiana law. Similarly, it is also our opinion that including and evaluating a contractor's efforts to hire local workers as part of the public bid law bid solicitation process would be impermissible and against Louisiana law.”
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