reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-9. Actions and Proceedings; Damages; Limitation of Actions; Defenses

Sec. 9. Any employer who violates the provisions of section 4 of this chapter shall be liable to the employee or employees affected in the amount of their unpaid minimum wages and in an equal additional amount as liquidated damages. Action to recover such liability may be maintained within three (3) years after the cause of action therefor arises in the circuit or superior court of the county in which the services out of which the claim arises were performed or in which the defendant resides or transacts business. Such action may be brought by any one (1) or more employees for and on behalf of himself or themselves and all other employees of the same employer who are similarly situated. No employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought. The court in such action shall, in addition to any judgment awarded to the plaintiffs, allow recovery of a reasonable attorney's fee and costs of the action. No contract or agreement between the employee and the employer nor any acceptance of a lesser wage by the employee shall be a defense to the action.
Formerly: Acts 1965, c.134, s.9. As amended by P.L.144-1986, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-10. Other Statutes; Application of Law

Sec. 10. Nothing in this chapter shall be deemed to authorize or permit the payment to any employee of a lower rate of pay than may be prescribed by any other applicable law.
Formerly: Acts 1965, c.134, s.10. As amended by P.L.144-1986, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-10.5. Prohibition Against Unit Establishing, Mandating, or Requiring Higher Minimum Wage; Exception

Sec. 10.5. (a) As used in this section, "unit" has the meaning set forth in IC 36-1-2-23.
(b) Unless federal or state law provides otherwise, a unit may not:
(1) establish;
(2) mandate; or
(3) otherwise require;
a minimum wage that exceeds the minimum wage required by section 4 of this chapter or by the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1).
(c) Except as provided in IC 5-16-7.2, this section does not limit the authority of a unit to establish wage rates in a contract to which the unit is a party.
As added by P.L.211-2011, SEC.1. Amended by P.L.144-2016, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-11. Violations

Sec. 11. (a) An employer or his agent who:
(1) discharges or otherwise discriminates in regard to tenure or condition of employment against any employee because the employee has:
(A) instituted or participated in the institution of any action to recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction.
(b) An employer or the employer's agent who knowingly or intentionally violates section 4 or 8 of this chapter commits a Class A infraction.
(c) An employer or the employer's agent who violates section 4 of this chapter, having a prior unrelated judgment for a violation of section 4 of this chapter, commits a Class B misdemeanor.
(d) An employer or the employer's agent who violates section 8 of this chapter, having a prior unrelated judgment for a violation of section 8 of this chapter, commits a Class B misdemeanor.
Formerly: Acts 1965, c.134, s.11. As amended by Acts 1978, P.L.2, SEC.2202; P.L.37-1985, SEC.28; P.L.133-1990, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-12. Discharging Persons Within Four Weeks; Offense

Sec. 12. An employer who consistently discharges persons within four (4) weeks of their employment and replaces the discharged person without work stoppage commits a Class A infraction.
Formerly: Acts 1965, c.134, s.14; Acts 1967, c.153, s.4. As amended by Acts 1977, P.L.259, SEC.3; Acts 1978, P.L.2, SEC.2203; P.L.133-1990, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 2. Minimum Wage › 22-2-2-13. Collective Bargaining Agreements; Applicability

Sec. 13. The equal pay provisions of section 4 of this chapter shall not apply to employees covered by a bona fide collective bargaining agreement in effect on March 2, 1965, until the termination of such collective bargaining agreement or July 1, 1968, whichever shall occur first.
Formerly: Acts 1965, c.134, s.15; Acts 1967, c.153, s.5. As amended by P.L.144-1986, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 4. Regulation of Wage Payments › 22-2-4-1. "Financial Institution" Defined; Payment; Void Contracts; Exceptions

Sec. 1. (a) As used in this section, "financial institution" means a financial institution regulated by an agency of the United States or any state.
(b) Every corporation, limited liability company, association, company, firm, or person engaged in Indiana in mining coal, ore, or other mineral, quarrying stone, or in manufacturing iron, steel, lumber, staves, heading barrels, brick, tile, machinery, agricultural or mechanical implements, or any article of merchandise shall pay each employee of the corporation, limited liability company, company, association, firm, or person, if demanded, at least every two (2) weeks, the amount due the employee for labor. The payments shall be made in lawful money of the United States, by negotiable check, draft, or money order, or by electronic transfer to the financial institution designated by the employee.
(c) Any contract in violation of this section is void. This section does not apply where employees and employers by mutual agreement or contract have provided for payments on a weekly basis.
Formerly: Acts 1911, c.68, s.1; Acts 1971, P.L.349, SEC.1. As amended by P.L.216-1989, SEC.1; P.L.8-1993, SEC.271.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 4. Regulation of Wage Payments › 22-2-4-2. Scrip; Offense

Sec. 2. A person who publishes, issues, or circulates any check, card, or other paper, which is not commercial paper payable at a fixed time in any bank in this state, at its full face value, in lawful money of the United States, with eight percent (8%) interest, or by bank check or currency issued by authority of the United States government, to his employee in payment for any work done or for any labor contracted to be done commits a Class C infraction.
Formerly: Acts 1911, c.68, s.2. As amended by Acts 1978, P.L.2, SEC.2204.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 4. Regulation of Wage Payments › 22-2-4-3. Merchandise or Supplies; Sale to Employees at Higher Price

Sec. 3. It is a Class C infraction for a person to knowingly sell to his employee any merchandise or supplies at a higher price than the merchandise or supplies are sold to others for cash.
Formerly: Acts 1911, c.68, s.3. As amended by Acts 1978, P.L.2, SEC.2205.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 4. Regulation of Wage Payments › 22-2-4-4. Failure to Pay; Fines and Penalties; Damages

Sec. 4. Every corporation, limited liability company, company, association, firm, or person who shall fail for ten (10) days after demand of payment has been made to pay employees for their labor, in conformity with the provisions of this chapter, shall be liable to such employee for the full value of his labor, to which shall be added a penalty of one dollar ($1) for each succeeding day, not exceeding double the amount of wages due, and a reasonable attorney's fee, to be recovered in a civil action and collectable without relief.
Formerly: Acts 1911, c.68, s.4. As amended by P.L.144-1986, SEC.6; P.L.8-1993, SEC.272.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 4. Regulation of Wage Payments › 22-2-4-6. Liens for Work; Application of Law

Sec. 6. This chapter shall not in any way affect the liens of laborers, as secured to them on April 21, 1911, by the laws of this state.
Formerly: Acts 1911, c.68, s.6. As amended by P.L.144-1986, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 5. Frequency of Wage Payments › 22-2-5-0.5. "Business Day"

Sec. 0.5. As used in this chapter, "business day" means a day other than Saturday, Sunday, or a legal holiday (as defined in IC 1-1-9-1).
As added by P.L.51-2007, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 5. Frequency of Wage Payments › 22-2-5-1. Payment; Voluntarily Leaving Employment

Sec. 1. (a) Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee. The payment shall be made in lawful money of the United States, by negotiable check, draft, or money order, or by electronic transfer to the financial institution designated by the employee. Any contract in violation of this subsection is void.
(b) Payment shall be made for all wages earned to a date not more than ten (10) business days prior to the date of payment. However, this subsection does not prevent payments being made at shorter intervals than specified in this subsection, nor repeal any law providing for payments at shorter intervals. However, if an employee voluntarily leaves employment, either permanently or temporarily, the employer shall not be required to pay the employee an amount due the employee until the next usual and regular day for payment of wages, as established by the employer. If an employee leaves employment voluntarily, and without the employee's whereabouts or address being known to the employer, the employer is not subject to section 2 of this chapter until:
(1) ten (10) business days have elapsed after the employee has made a demand for the wages due the employee; or
(2) the employee has furnished the employer with the employee's address where the wages may be sent or forwarded.
Formerly: Acts 1933, c.47, s.1; Acts 1971, P.L.350, SEC.1. As amended by P.L.216-1989, SEC.2; P.L.8-1993, SEC.273; P.L.51-2007, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 5. Frequency of Wage Payments › 22-2-5-1.1. Employees Eligible for Overtime Compensation; Exemption From Ic 22-2-5-1

Sec. 1.1. Salaried employees who are eligible for overtime compensation under the Fair Labor Standards Act (29 U.S.C. 201 et seq.) are specifically exempted from section 1 of this chapter.
As added by P.L.143-1988, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 5. Frequency of Wage Payments › 22-2-5-2. Failure to Pay; Damages; Actions for Recovery

Sec. 2. Every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 of this chapter shall be liable to the employee for the amount of unpaid wages, and the amount may be recovered in any court having jurisdiction of a suit to recover the amount due to the employee. The court shall order as costs in the case a reasonable fee for the plaintiff's attorney and court costs. In addition, if the court in any such suit determines that the person, firm, corporation, limited liability company, or association that failed to pay the employee as provided in section 1 of this chapter was not acting in good faith, the court shall order, as liquidated damages for the failure to pay wages, that the employee be paid an amount equal to two (2) times the amount of wages due the employee.
Formerly: Acts 1933, c.47, s.2. As amended by P.L.144-1986, SEC.8; P.L.8-1993, SEC.274; P.L.193-2015, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 5. Frequency of Wage Payments › 22-2-5-3. Agricultural Workers; Criminal Offenders; Exemptions

Sec. 3. The following shall be specifically exempt from the provisions of this chapter:
(1) Farmers and those engaged in the business of agriculture and horticulture.
(2) Criminal offenders in a facility operated by the department of correction (as established by IC 11-8-2-1) or operated by a private operator under contract with the department of correction.
Formerly: Acts 1933, c.47, s.3. As amended by P.L.144-1986, SEC.9; P.L.223-2013, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 6. Wage Deductions › 22-2-6-1. Definitions

Sec. 1. (a) Any direction given by an employee to an employer to make a deduction from the wages to be earned by said employee, after said direction is given, shall constitute an assignment of the wages of said employee.
(b) For the purpose of this chapter, the term "employer" shall also include the state and any political subdivision of the state.
Formerly: Acts 1945, c.183, s.1; Acts 1965, c.301, s.1. As amended by P.L.144-1986, SEC.10; P.L.143-1988, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 6. Wage Deductions › 22-2-6-3. Validation of Deductions

Sec. 3. (a) All deductions made before July 1, 1988, by an employer from the wages of an employee, at the request of the employee, or without the objection of the employee, provided the amount so deducted was either retained by the employer and credited upon an indebtedness owing to the employer by the employee, or paid by the employer in accordance with the request of the employee, or without the employee's objection, are hereby legalized, and no action shall be brought or maintained against the employer to recover from the employer the amount so retained or paid.
(b) All deductions made before the effective date of this subsection, as added by SEA 99-2019, by an employer from the wages of an employee for the rental of uniforms, shirts, pants, or other job-related clothing, pursuant to an agreement that meets the requirements of section 2(a)(1) and 2(a)(2) of this chapter, provided the amount so deducted was either:
(1) retained by the employer and credited upon an indebtedness owing to the employer by the employee; or
(2) paid by the employer;
are hereby legalized, and no action shall be brought or maintained against the employer to recover from the employer the amount so retained or paid.
Formerly: Acts 1945, c.183, s.4. As amended by P.L.143-1988, SEC.4; P.L.147-2019, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 6. Wage Deductions › 22-2-6-4. Overpayment by Employer

Sec. 4. (a) If an employer has overpaid an employee, the employer may deduct from the wages of the employee the amount of the overpayment. A deduction by an employer for reimbursement of an overpayment of wages previously made to an employee is not a fine under IC 22-2-8-1 or an assignment of wages under section 2 of this chapter. An employer must give an employee two (2) weeks notice before the employer may deduct, under this section, any overpayment of wages from the employee's wages.
(b) An employer may not deduct from an employee's wages an amount in dispute under IC 22-2-9-3.
(c) The amount of a wage deduction made by an employer under subsection (a) is limited to the following:
(1) Except as provided in subdivision (2), the maximum part of the aggregate disposable earnings of an employee for any work week that is subjected to an employer deduction for overpayment may not exceed the lesser of:
(A) twenty-five percent (25%) of the employee's disposable earnings for that week; or
(B) the amount by which the employee's disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) in effect at the time the earnings are payable.
In the case of earnings for a pay period other than a week, the earnings must be computed upon a multiple of the federal minimum hourly wage equivalent to thirty (30) times the federal minimum hourly wage as prescribed in this section.
(2) If a single gross wage overpayment is equal to ten (10) times the employee's gross wages earned due to an inadvertent misplacement of a decimal point, the entire overpayment may be deducted immediately.
As added by P.L.215-1995, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-1. Wage Broker Defined; Employee Direct Deposit or Commission Payments by Insurer; Applicability of Wage Assignment Provisions

Sec. 1. (a) Any person, company, corporation, limited liability company, or association loaning money directly or indirectly to any employee or wage earner, except the employer of the employee, upon the security of or in consideration of any assignment of the wages or salary of such employee or wage earner shall be defined and held to be a wage broker and subject to the provisions of this chapter.
(b) A direct deposit made by electronic funds transfer or other method to an employee's account in a financial institution as agreed to by the employer and the employee does not constitute an assignment of wages subject to this chapter.
(c) An assignment or pledge of, or a grant of a security interest in, a contractual right of a person to receive commissions payable directly or indirectly by an insurer (as defined in IC 27-1-2-3) does not constitute an assignment of wages subject to this chapter.
Formerly: Acts 1909, c.34, s.1. As amended by P.L.144-1986, SEC.11; P.L.143-1988, SEC.5; P.L.216-1989, SEC.3; P.L.8-1993, SEC.275; P.L.116-1994, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-2. Amount of Assignment; Post-Dating

Sec. 2. No assignment of his or her wages or salary by any employee or wage earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor recognize or honor such assignment for any purpose whatever, unless it be for a fixed and definite part of the wages or salary earned or to be earned during a period not exceeding thirty (30) days immediately following the date of the assignment. Any assignment which shall be post-dated or dated on any other date than that of its actual execution shall be void and of no effect for any purpose whatever.
Formerly: Acts 1909, c.34, s.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-3. Interest; Rates and Charges

Sec. 3. No wage broker shall ask, demand or receive, either as compensation or interest, or in any other manner, directly or indirectly, any compensation or interest for the use of money advanced or loaned by him to any employee or wage earner in excess of the rate of eight per cent (8%) per year, and said compensation or rate of interest shall be computed upon the amount actually advanced to and received by the borrower, and no commission, compensation or charges in addition to the interest above named shall be asked, demanded or received by said wage broker or any other person for making or securing said advancement or loan.
Formerly: Acts 1909, c.34, s.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-4. Married Persons; Consent; Exemptions

Sec. 4. (a) No assignment of wages by a married person who is living with the person's spouse residing in Indiana to any wage broker shall be valid or enforceable without the consent of the spouse, evidenced by the spouse's signature to said assignment, executed and acknowledged before a notary public or other officer empowered to take acknowledgments of conveyances. No wage broker or person connected with the married person directly or indirectly shall be authorized to take any such acknowledgment.
(b) This chapter shall not apply to any deduction from the wages of any employee of such employer, which deduction is made for the purpose of applying the same to any account of such employee in any credit union or any nonprofit organization of employees of such employer organized under any law of this state or of the United States.
Formerly: Acts 1909, c.34, s.4; Acts 1945, c.250, s.1; Acts 1955, c.278, s.1; Acts 1957, c.303, s.1; Acts 1975, P.L.111, SEC.2. As amended by P.L.143-1988, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-5. Notice to Employer

Sec. 5. No assignment of wages shall be valid or enforceable unless notice in writing of the same, accompanied by a copy of the assignment, shall be given to the employer or debtor within ten (10) days from the date of its execution.
Formerly: Acts 1909, c.34, s.5. As amended by P.L.143-1988, SEC.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-6. Amount of Loan

Sec. 6. Every purchase of a wage broker of an assignment of the wages of any employee or wage earner shall be held and considered to be a loan in the sum and of the amount actually paid to and received by such employee or wage earner.
Formerly: Acts 1909, c.34, s.6. As amended by P.L.143-1988, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-7. Violations

Sec. 7. A person who recklessly violates this chapter commits a Class B misdemeanor.
Formerly: Acts 1909, c.34, s.7. As amended by Acts 1978, P.L.2, SEC.2206.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 7. Assignment of Wages › 22-2-7-8. Forfeitures

Sec. 8. Any note, bill, or other evidence of indebtedness and any assignment of wages or salary given to or received by any wage broker or any other person in violation of any of the provisions of this chapter shall be null and void and of no effect; and upon conviction, any and all moneys advanced or loaned by said wage broker in violation of any of the provisions of this chapter and all interest thereon shall be forfeited.
Formerly: Acts 1909, c.34, s.8. As amended by P.L.144-1986, SEC.12.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 8. Deduction From Wage Payments › 22-2-8-1. Fine of Employee by Employer Prohibited

Sec. 1. It is unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from his wages. An employer who violates this section commits a Class C infraction.
Formerly: Acts 1899, c.124, s.3. As amended by Acts 1978, P.L.2, SEC.2207; Acts 1981, P.L.209, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 8. Deduction From Wage Payments › 22-2-8-3. Enforcement

Sec. 3. It is hereby made the duty of the commissioner of labor to enforce the provisions of this chapter by the processes of the courts, and in the name of the state; and, upon his failure so to do, any citizen of the state is hereby authorized to do the same in the name of the state.
Formerly: Acts 1899, c.124, s.6. As amended by Acts 1981, P.L.209, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.165-2007 apply to wage claims filed with the commissioner of labor after June 30, 2007.
As added by P.L.220-2011, SEC.361.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-1. Definitions

Sec. 1. Whenever used in this chapter:
(a) The term "employer" means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any court of this state, and any agent or officer of any of the above mentioned classes, employing any person in this state.
(b) The term "wages" means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or in any other method of calculating such amount.
Formerly: Acts 1939, c.95, s.1. As amended by P.L.144-1986, SEC.13; P.L.8-1993, SEC.276.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-2. Discharge of Employee; Unpaid Wages; Payment; Labor Disputes

Sec. 2. (a) Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which separation occurred: Provided, however, That this provision shall not apply to railroads in the payment by them to their employees.
(b) In the event of the suspension of work, as the result of an industrial dispute, the wages and compensation earned and unpaid at the time of such suspension shall become due and payable at the next regular pay day, including, without abatement or reduction, all amounts due all persons whose work has been suspended as a result of such industrial dispute.
Formerly: Acts 1939, c.95, s.2; Acts 1969, c.62, s.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-3. Disputes; Payment of Amount Agreed Upon

Sec. 3. In case of a dispute over wages, the employer shall give notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time fixed by this chapter, but the acceptance by the employee of any payment made under this chapter shall not constitute a release as to any balance of his claim.
Formerly: Acts 1939, c.95, s.3. As amended by P.L.144-1986, SEC.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-4. Investigations; Civil Actions

Sec. 4. (a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this chapter, and to institute or cause to be instituted actions for penalties and forfeitures provided under this chapter. The commissioner of labor may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer in any case whenever, in his opinion, the claim is just and valid.
(b) The commissioner of labor may refer claims for wages under this chapter to the attorney general, and the attorney general may initiate civil actions on behalf of the claimant or may refer the claim to any attorney admitted to the practice of law in Indiana. The provisions of IC 22-2-5-2 apply to civil actions initiated under this subsection by the attorney general or his designee.
Formerly: Acts 1939, c.95, s.4. As amended by P.L.127-1984, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-5. Assignment of Claims; Joinder of Actions

Sec. 5. (a) The commissioner of labor is hereby authorized to take assignments of wage claims of less than six thousand dollars ($6,000), rights of action for penalties, mechanics and other liens of workers, without being bound by any of the technical rules with reference to the validity of such assignments, and shall have power and authority to prosecute actions for the collection of such claims of persons who, in the judgment of the commissioner:
(1) are entitled to the services of the commissioner; and
(2) have claims which are valid and enforceable in the court.
(b) The commissioner shall have power to join various claimants in one (1) preferred claim or lien, and, in case of suit, to join them in one (1) cause of action.
Formerly: Acts 1939, c.95, s.5; Acts 1965, c.68, s.1; Acts 1971, P.L.351, SEC.1. As amended by P.L.165-2007, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-6. Actions and Proceedings; Costs; Bond; Sheriff's Fees

Sec. 6. (a) In all actions brought by the labor commissioner as assignee under section 5 of this chapter, no court costs of any nature shall be required to be advanced nor shall any bond or other security therefor be required from the commissioner in connection with the same.
(b) Any sheriff, constable, or other officer requested by the commissioner to serve summons, writs, complaints, or orders and all necessary and legal papers within his jurisdiction shall do so without requiring the commissioner to advance the fees or furnish any security or bond therefor.
Formerly: Acts 1939, c.95, s.6. As amended by P.L.144-1986, SEC.15.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-7. Savings Clause

Sec. 7. Nothing in this chapter shall be construed to repeal IC 22-2-5.
Formerly: Acts 1939, c.95, s.8. As amended by P.L.144-1986, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 9. Wage Claims › 22-2-9-8. Exemption for Criminal Offenders

Sec. 8. Criminal offenders in a facility operated by the department of correction (as established by IC 11-8-2-1) or operated by a private operator under contract with the department of correction are specifically exempt from this chapter.
As added by P.L.223-2013, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 10. Employees as Preferred Creditors › 22-2-10-1. Assignments for Benefit of Creditors; Bankruptcy; Salesmen

Sec. 1. When the property of any company, corporation, limited liability company, firm or person, engaged in any manufacturing, mechanical, agricultural or other business or employment, or in the construction of any work or building, shall be seized upon any mesne or final process of any court of the state, or where their business shall be suspended by the action of creditors or put into the hands of any assignee, receiver, or trustee, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding six hundred dollars ($600) to each employee, for work and labor performed within three (3) months next preceding the seizure of such property, shall be considered and treated as preferred debts and such laborers or employees shall be preferred creditors and shall be first paid in full, and if there be not sufficient to pay them in full then the same shall be paid to them pro rata, after paying costs; however, the term employees as used in this section shall include traveling salesmen, traveling agents and manufacturers' agents, whether they are employed under monthly or yearly contracts or otherwise.
Formerly: Acts 1879(ss), c.62, s.1; Acts 1885(ss), c.3, s.1; Acts 1917, c.109, s.1; Acts 1967, c.104, s.1. As amended by P.L.8-1993, SEC.277; P.L.136-2018, SEC.111.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 12. Employee Benefit Plans › 22-2-12-1. Payment or Refund of Wages; Estates of Decedents; Beneficiaries; Release of Employer

Sec. 1. Whenever payment or refund is made to an employee, former employee, or his beneficiary or his heirs, legatees or the representative of his estate pursuant to a written retirement, death, or other employee benefit plan or savings plan, such payment or refund shall fully discharge the employer, former employer, and any trustee making such payment or refund from all adverse claims thereto unless, before such payment or refund is made, the employer or former employer, where the payment or refund is made by the employer or former employer, has received at its principal place of business within this state, written notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof, or where a trustee is making the payment or refund, such notice has been received by the trustee at its home office.
Formerly: Acts 1957, c.63, s.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 12. Employee Benefit Plans › 22-2-12-2. Corporate Stock; Payment or Refund; Release of Employer

Sec. 2. Should said payment or refund made as provided in section 1 of this chapter be comprised in whole or in part of stock in any corporation, such corporation may accept said stock for transfer as directed by the employer, former employer, or the trustee making such payment or refund, and shall be entitled to treat the transferee as the owner of the stock for all purposes unless and until the corporation has received at its home office written notice by or on behalf of some other person that the other person claims to be entitled to the stock or to some interest in the stock.
Formerly: Acts 1957, c.63, s.2. As amended by P.L.144-1986, SEC.19; P.L.136-2018, SEC.112.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 12. Employee Benefit Plans › 22-2-12-3. Payment or Refund of Wages; Release of Employer; Application of Law

Sec. 3. Nothing contained in this chapter shall affect any claim or right to any such payment or refund or part thereof as between all persons other than the employer or former employer and the trustee making such payment or refund, or the corporation accepting such stock for transfer.
Formerly: Acts 1957, c.63, s.3. As amended by P.L.144-1986, SEC.20.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 12. Employee Benefit Plans › 22-2-12-4. Employer's Failure to Make Payments; Notice; Damages

Sec. 4. (a) This section applies to an employer who has contracted in writing to make payments to an employee welfare plan, vacation plan, health plan, dental plan, insurance plan, supplemental unemployment plan, benefit plan, profit-sharing plan, pension plan, industry plan, or any other employee plan either by agreement with an employee or an employee benefit plan group or by a collective bargaining agreement.
(b) Not later than seven (7) days after failing to make a payment under an agreement covered by subsection (a), the employer shall give written notice of nonpayment to:
(1) the employee on whose behalf the payment should have been made;
(2) an authorized representative of such an employee;
(3) an authorized representative of a union that represents such an employee;
(4) the authorized representative of the benefit plan to which the payment should have been made; or
(5) the trustee of the employee to which the payment should have been made.
(c) An injured employee may recover double damages plus costs and attorney fees from an employer who fails to give notice under subsection (b) and who fails to make those payments described in subsection (a) on the employee's behalf. However, an employer is not liable under this section if he shows good cause for his failure to make the payments described in subsection (a) or his failure to give the written notice required in subsection (b). "Good cause" does not include the employer's financial inability to make the payments described in subsection (a).
As added by Acts 1982, P.L.134, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-0.3. Effect of Addition of Chapter by p.l.151-2007

Sec. 0.3. The addition of this chapter by P.L.151-2007 does not excuse noncompliance with a provision of a collective bargaining agreement or other employment benefit program or plan in effect on July 1, 2007, that is not in substantial conflict with this chapter, as added by P.L.151-2007. This chapter, as added by P.L.151-2007, does not justify an employer reducing employment benefits provided by the employer that exceed the benefits required by this chapter, as added by P.L.151-2007.
As added by P.L.220-2011, SEC.362.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-1. Application of Chapter

Sec. 1. This chapter applies to an employer that employs at least fifty (50) employees for each working day during each of at least twenty (20) calendar work weeks.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-2. "Armed Forces of the United States"

Sec. 2. As used in this chapter, "armed forces of the United States" means the active or reserve components of:
(1) the Army;
(2) the Navy;
(3) the Air Force;
(4) the Coast Guard;
(5) the Marine Corps; or
(6) the Merchant Marine.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-3. "Employee"

Sec. 3. As used in this chapter, "employee" means a person employed or permitted to work or perform services for remuneration under a contract of hire, written or oral, by an employer.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-5. "Grandparent"

Sec. 5. As used in this chapter, "grandparent" means a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-6. "Health Care Benefits"

Sec. 6. As used in this chapter, "health care benefits" means employer provided health coverage, including coverage for medical care, prescription drugs, vision care, medical savings accounts, or any other health related benefit.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-7. "Active Duty"

Sec. 7. As used in this chapter, "active duty" means full-time service on active duty orders in:
(1) the armed forces of the United States; or
(2) the National Guard;
for a period that exceeds eighty-nine (89) consecutive calendar days.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-8. "National Guard"

Sec. 8. As used in this chapter, "National Guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-9. "Parent"

Sec. 9. As used in this chapter, "parent" means:
(1) a biological father or mother;
(2) an adoptive father or mother;
(3) a court appointed guardian or custodian;
(4) a foster parent; or
(5) a stepparent.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-10. "Sibling"

Sec. 10. As used in this chapter, "sibling" means:
(1) a biological brother or sister;
(2) an adoptive brother or sister;
(3) a foster brother or sister; or
(4) a stepbrother or stepsister.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-11. Eligibility; Leave Amount; Use of Other Paid Leave

Sec. 11. (a) An employee who:
(1) has been employed by an employer for at least twelve (12) months;
(2) has worked at least one thousand five hundred (1,500) hours during the twelve (12) month period immediately preceding the day the leave begins; and
(3) is the spouse, parent, grandparent, child, or sibling of a person who is ordered to active duty;
is entitled to an unpaid leave of absence as provided in subsection (b).
(b) An employee may take a leave of absence during one (1) or more of the following periods:
(1) During the thirty (30) days before active duty orders are in effect.
(2) During a period in which the person ordered to active duty is on leave while active duty orders are in effect.
(3) During the thirty (30) days after the active duty orders are terminated.
(c) The leave of absence allowed each calendar year under subsection (a) may not exceed a total of ten (10) working days.
(d) An eligible employee may elect, or an employer may require the employee, to substitute any earned paid vacation leave, personal leave, or other paid leave, except for paid medical or sick leave, available to the employee for leave provided under this chapter for any part of the ten (10) day period of such leave.
As added by P.L.151-2007, SEC.3. Amended by P.L.45-2009, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-12. Employee Notice; Employer Verification

Sec. 12. (a) An employee who wants to take a leave of absence under this chapter shall provide written notice, including a copy of the active duty orders if available, to the employee's employer of the date the leave will begin. An employee shall give at least thirty (30) days notice before the date on which the employee intends to begin the leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin.
(b) An employer may require verification of an employee's eligibility for the leave. If an employee fails to provide verification required under this subsection, an employer may consider the employee's absence from employment unexcused.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-13. Employee Post-Leave Restoration to Same or Equivalent Position

Sec. 13. (a) Except as provided in subsection (b), after an employee takes a leave of absence under this chapter, an employee must be restored to:
(1) the position that the employee held before the leave; or
(2) a position equivalent to the position that the employee held before the leave, with equivalent seniority, pay, benefits, and other terms and conditions of employment.
(b) An employer is not required to restore an employee to a position described in subsection (a) if the employer proves that the reason that the employee was not restored to the position is unrelated to the employee's exercise of the employee's rights under this chapter.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-14. Continuation of Employee Health Care Benefits

Sec. 14. An employer shall permit an employee who is taking a leave of absence under this chapter to continue the employee's health care benefits at the employee's expense.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-15. Employer Noninterference With Employee Rights

Sec. 15. An employer shall not interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this chapter.
As added by P.L.151-2007, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 13. Military Family Leave › 22-2-13-16. Remedies

Sec. 16. (a) An employee may bring a civil action at law to enforce this chapter.
(b) A circuit court, superior court, or probate court may:
(1) enjoin any act or practice that violates this chapter; and
(2) order any other equitable relief that is just and proper under the circumstances to redress the violation of or to enforce this chapter.
As added by P.L.151-2007, SEC.3. Amended by P.L.84-2016, SEC.94.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 14. Employee Breaks › 22-2-14-2. Employer Provide Private Location Where Employees Can Express Milk; Employer Provide Cold Storage for Expressed Milk; Employer Not Liable

Sec. 2. (a) To the extent reasonably possible, an employer shall provide a private location, other than a toilet stall, where an employee can express the employee's breast milk in privacy during any period away from the employee's assigned duties.
(b) To the extent reasonably possible, an employer shall:
(1) provide a refrigerator or other cold storage space for keeping milk that has been expressed; or
(2) allow the employee to provide the employee's own portable cold storage device for keeping milk that has been expressed until the end of the employee's work day.
(c) Except in cases of willful misconduct, gross negligence, or bad faith, an employer is not liable for any harm caused by or arising from either of the following that occur on the employer's premises:
(1) The expressing of an employee's breast milk.
(2) The storage of expressed milk.
As added by P.L.13-2008, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 15. Guidelines and Procedures for Investigating Questions and Complaints Concerning Employee Classification › 22-2-15-1. "Department"

Sec. 1. As used in this chapter, "department" refers to the department of labor created by IC 22-1-1-1.
As added by P.L.110-2010, SEC.22.