reglab/statecodes huggingface dataset:
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 › 22-2-15-2. Development of Guidelines and Procedures Concerning Employee Classification; Contents; Exemptions; Plan for Implementation

Sec. 2. (a) The department shall develop guidelines and procedures for investigating questions and complaints concerning employee classification and a plan for implementation of those guidelines and procedures.
(b) The guidelines and procedures must do the following:
(1) Cover at least the following:
(A) Who is eligible to file a complaint. The guidelines and procedures must allow any aggrieved person to file a complaint and must indicate what evidence is needed to initiate an investigation.
(B) Applicable and appropriate penalties, taking into consideration:
(i) the financial impact on both employers and misclassified employees; and
(ii) whether the employer has previously misclassified employees.
(C) Mechanisms to share data with appropriate state agencies to assist those agencies in determining compliance with and enforcing state laws concerning misclassified employees and to recoup contributions owed, depending on the level of culpability.
(D) Record keeping requirements for contractors, including any records necessary for the department to investigate alleged violations concerning misclassification of employees.
(E) Investigative procedures.
(2) Apply to public works and private work projects for construction (as defined in IC 5-1.2-2), including demolition.
(3) Apply to any contractor that engages in construction and is authorized to do business in Indiana.
(4) Provide a remedy for an employer or a misclassified employee in response to:
(A) any retaliation that occurs as the result of an investigation or a complaint; and
(B) any complaints that the department determines are frivolous or that are filed for the purpose of harassment.
(5) Provide that in carrying out this chapter the department has the same inspection, investigative, and enforcement powers that the department has in enforcing the labor laws of this state, including powers described in IC 22-1-1.
(c) The guidelines and procedures may include other elements as determined by the department.
(d) The department shall exempt the following from the guidelines and procedures developed under this chapter:
(1) Residential construction of a single family home or duplex if the builder builds less than twenty-five (25) units each year.
(2) An owner-operator that provides a motor vehicle and the services of a driver under a written contract that is subject to IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor carrier.
As added by P.L.110-2010, SEC.22. Amended by P.L.189-2018, SEC.152.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 16. Employee Benefits › 22-2-16-1. Applicability of Chapter

Sec. 1. This chapter does not apply to any of the following:
(1) An employee of a unit.
(2) The terms of a contract entered into by a unit and a third party.
(3) The terms and conditions required by a unit or a redevelopment commission established by a unit for the grant or approval of:
(A) a tax credit;
(B) a tax deduction;
(C) a tax abatement;
(D) a tax exemption;
(E) a grant;
(F) a loan;
(G) a loan guarantee;
(H) financial or economic development assistance; or
(I) another economic development incentive.
(4) Training requirements or other qualifications established by a unit for a private ambulance service, security service, or other provider of public health and safety services within the jurisdiction of the unit.
As added by P.L.88-2013, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 16. Employee Benefits › 22-2-16-3. Prohibition Against Unit Establishing, Mandating, or Requiring Employee Benefits

Sec. 3. Unless federal or state law provides otherwise, a unit may not establish, mandate, or otherwise require an employer to provide to an employee who is employed within the jurisdiction of the unit:
(1) a benefit;
(2) a term of employment;
(3) a working condition; or
(4) an attendance, scheduling, or leave policy;
that exceeds the requirements of federal or state law, rules, or regulations.
As added by P.L.88-2013, SEC.1. Amended by P.L.120-2016, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 16. Employee Benefits › 22-2-16-4. Rule of Statutory Construction

Sec. 4. Nothing in this chapter shall be construed to prohibit a city, town, or county from adopting an ordinance under IC 22-9-1-12.1 relating to a category or class in addition to the categories and classes described in IC 22-9-1-2.
As added by P.L.205-2013, SEC.336.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 17. Use of Criminal History Information in Employment Decisions › 22-2-17-1. "Criminal History Information"

Sec. 1. As used in this chapter, "criminal history information" has the meaning set forth in IC 5-2-4-1(1).
As added by P.L.210-2017, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 17. Use of Criminal History Information in Employment Decisions › 22-2-17-2. "Political Subdivision"

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
As added by P.L.210-2017, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 17. Use of Criminal History Information in Employment Decisions › 22-2-17-3. Prohibition Against Political Subdivision Prohibiting an Employer From Obtaining and Using Criminal History Information Initially or Later in Hiring Process

Sec. 3. Unless federal or state law provides otherwise, a political subdivision may not prohibit an employer from:
(1) obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations; or
(2) at the time an individual makes an initial application for employment:
(A) making an inquiry regarding the individual's criminal history information; or
(B) requiring the individual to disclose the individual's criminal history information.
As added by P.L.210-2017, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 17. Use of Criminal History Information in Employment Decisions › 22-2-17-4. Limitation on Use of Criminal History Information Against an Employer in Civil Action

Sec. 4. (a) Criminal history information for an employee or a former employee may not be introduced as evidence against an employer, an employer's agents, or an employer's employees in a civil action that is based on the conduct of the employee or the former employee if:
(1) the nature of the criminal history information of the employee or former employee does not bear a direct relationship to the facts underlying the civil action;
(2) before the acts giving rise to the civil action occurred:
(A) a court order sealed the record of the criminal case;
(B) the criminal conviction has been reversed or vacated;
(C) the employee or former employee received a pardon for the criminal conviction; or
(D) the criminal conviction has been expunged under IC 35-38-9; or
(3) the criminal history information concerns an arrest or a charge that did not result in a criminal conviction.
(b) This section does not supersede any federal or state law requirement to:
(1) conduct a criminal history information background investigation; or
(2) consider criminal history information in hiring for particular types of employment.
As added by P.L.210-2017, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-2. Entities to Which the Chapter Does Not Apply

Sec. 2. (a) This chapter does not apply to:
(1) a parent who employs the parent's own child;
(2) a person standing in place of a parent who employs a child in the person's custody; or
(3) a legal entity whose ownership is limited to the parents of the employed child or persons standing in place of the parent of the employed child;
except in the instances of underage employment (as set forth in section 12(a) of this chapter), employment during school hours (as set forth in section 12(b) of this chapter), and employment in hazardous occupations designated by federal law (as set forth in section 23 of this chapter).
(b) This chapter does not apply to a minor enrolled in a work based learning course (as defined in IC 20-43-8-0.7).
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-3. Application of Chapter

Sec. 3. This chapter applies to a minor less than eighteen (18) years of age who is employed or is seeking employment in Indiana.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-4. "Department"

Sec. 4. As used in this chapter, "department" refers to the department of labor created by IC 22-1-1-1.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-5. "Employer"

Sec. 5. As used in this chapter, "employer" means a person, firm, limited liability company, or corporation that hires, employs, or permits a minor to work in a gainful occupation.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-6. "High School"

Sec. 6. As used in this chapter, "high school" has the meaning set forth in IC 20-18-2-7.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-7. "Nonschool Week"

Sec. 7. As used in this chapter, "nonschool week" refers to a week that contains two (2) or fewer school days.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-8. "Parent"

Sec. 8. As used in this chapter, "parent" has the meaning set forth in IC 20-18-2-13.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-9. "Public School"

Sec. 9. As used in this chapter, "public school" has the meaning set forth in IC 20-18-2-15.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-10. "School Day"

Sec. 10. As used in this chapter, "school day" refers to a day that contains more than four (4) hours of classroom instruction.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-10.5. "School Hours"

Sec. 10.5. As used in this chapter, "school hours" refers to the hours that the school corporation, within the boundaries of which the minor resides while employed, is in session during the regularly scheduled school year.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-11. "School Week"

Sec. 11. As used in this chapter, "school week" refers to a week that contains at least three (3) school days.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-12. Employment Limitations and Prohibitions for Certain Minors; Exceptions

Sec. 12. (a) This subsection does not apply to a minor who is employed or works as a youth athletic program referee, umpire, or official under section 13 of this chapter. A minor less than:
(1) fourteen (14) years of age may not be employed or allowed to work in any gainful occupation except as a farm laborer, domestic service worker, caddie for persons playing the game of golf, or newspaper carrier; and
(2) twelve (12) years of age may not be permitted to work at farm labor except on a farm operated by the minor's parent.
(b) Except as provided in section 14 of this chapter, an employer may not employ or permit any minor less than sixteen (16) years of age to work in any occupation during school hours on a school day.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-13. Employment of Minors as Referees, Umpires, or Officials

Sec. 13. (a) If the conditions of subsections (b) and (c) are satisfied, a minor who is less than eighteen (18) years of age is exempt from the requirements of this chapter whenever the minor is employed or works as a youth athletic program referee, umpire, or official.
(b) A minor must satisfy all of the following:
(1) The minor is at least twelve (12) years of age.
(2) The minor is certified as a referee, umpire, or official by a national certification program.
(3) The minor is a referee, umpire, or official for an age bracket younger than the minor's own age.
(c) In addition to the requirements of subsection (b), one (1) of the following must be satisfied:
(1) The minor:
(A) works with a person who is:
(i) at least eighteen (18) years of age; and
(ii) also working as a referee, umpire, or official at the same athletic event at which the minor is working as a referee, umpire, or official; and
(B) has on file with the person responsible for assigning the minor to officiate for the youth athletic program the original or a copy of a written consent to the minor's employment as a referee, umpire, or official signed by the minor's parent or guardian.
(2) A minor's parent or guardian is present during the athletic event at which the minor is working as a referee, umpire, or official.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-14. Permitted Youth Employment; Exception

Sec. 14. This chapter may not prevent a minor of any age from singing, playing, or performing in a studio, circus, theatrical, or musical exhibition, concert, or festival, in radio and television broadcasts, or as a live or photographic model. A minor less than eighteen (18) years of age may not be employed except under the following conditions:
(1) The activities described in this section must not:
(A) be detrimental to the life, health, safety, or welfare of the minor; or
(B) interfere with the schooling of the minor.
Provision shall be made for education equivalent to full-time school attendance in the public schools for minors less than sixteen (16) years of age.
(2) A parent shall accompany a minor less than sixteen (16) years of age at all rehearsals, appearances, and performances.
(3) The employment or appearance may not be in a cabaret, dance hall, night club, tavern, or other similar place.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-15. Employment of Minors by the Indiana School for the Deaf or the Indiana School for the Blind and Visually Impaired

Sec. 15. The employment of minors by the:
(1) Indiana School for the Deaf; and
(2) Indiana School for the Blind and Visually Impaired;
is subject to the general restrictions imposed on the employment of minors under this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-16. Employment of Minors Less Than 18 Years of Age; Exceptions

Sec. 16. (a) Except as provided in subsection (b), sections 17 through 22 of this chapter apply only to the employment of a minor who is less than eighteen (18) years of age.
(b) Sections 17 through 22 of this chapter do not apply to the following:
(1) A minor who is at least fourteen (14) years of age but less than eighteen (18) years of age who:
(A) performs:
(i) farm labor; or
(ii) domestic service; or
(B) acts as a:
(i) caddie for a person playing the game of golf; or
(ii) newspaper carrier.
(2) A minor who is:
(A) at least twelve (12) years of age but less than eighteen (18) years of age; and
(B) employed or works as a youth athletic program referee, umpire, or official under section 13 of this chapter.
(3) A minor less than eighteen (18) years of age who:
(A) works as an actor or performer if the provisions of section 14 of this chapter are met; or
(B) has graduated from high school.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-17. Employment of Minors at Least 14 Years of Age and Less Than 16 Years of Age

Sec. 17. The following apply only to a minor who is at least fourteen (14) years of age and less than sixteen (16) years of age:
(1) The minor may not work before 7 a.m. or after 7 p.m. However, except on a day that precedes a school day when the minor may only work until 7 p.m, the minor may work until 9 p.m. from June 1 through Labor Day.
(2) The minor may not work:
(A) more than three (3) hours on a school day;
(B) more than eighteen (18) hours in a school week;
(C) more than eight (8) hours on a nonschool day; or
(D) more than forty (40) hours in a nonschool week.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-18. Employment of Minors at Least 16 Years of Age and Less Than 18 Years of Age

Sec. 18. A minor who is at least sixteen (16) years of age and less than eighteen (18) years of age may not:
(1) work for more than nine (9) hours in any one (1) day;
(2) work for more than forty (40) hours in a school week;
(3) work for more than forty-eight (48) hours in a nonschool week;
(4) work for more than six (6) days in any one (1) week; or
(5) begin a work day before 6 a.m.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-19. Employment of Minors at Least 16 Years of Age and Less Than 18 Years of Age; 10 p.m. Limit

Sec. 19. A minor who is at least sixteen (16) years of age and less than eighteen (18) years of age may work until 10 p.m. on nights that are followed by a school day in any occupation except those that the commissioner of labor determines to be:
(1) dangerous to life or limb; or
(2) injurious to health or morals.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-20. Employment of Minors at Least 16 Years of Age and Less Than 18 Years of Age; 11 p.m. Limit With Written Permission

Sec. 20. A minor who is at least sixteen (16) years of age and less than eighteen (18) years of age may work until 11 p.m. on a night followed by a school day if the employer has obtained written permission from the minor's parent and placed the written permission on file in the employer's office.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-21. Employment of Minors at Least 16 Years of Age and Less Than 18 Years of Age; Employed the Same as Adults

Sec. 21. A minor who is at least sixteen (16) years of age and less than eighteen (18) years of age may be employed at the same daily and weekly hours and at the same times of day as adults if the minor is a member of any of the following categories:
(1) The minor is a high school graduate.
(2) The minor has completed an approved career and technical education program or special education program.
(3) The minor is not enrolled in a regular school term.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-22. Employer Required to Post Notice

Sec. 22. Every employer that employs a minor at least fourteen (14) years of age and less than eighteen (18) years of age shall post and keep posted a printed notice in a conspicuous place or in places where notices to employees are customarily posted. This notice must state:
(1) the maximum number of hours a minor may be employed or permitted to work each day of the week; and
(2) the hours of beginning and ending each day.
The forms for this notice shall be furnished by the department.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-23. Prohibition for Minor Less Than 18 Years of Age From Working in a Hazardous Occupation; Exception

Sec. 23. The department shall prohibit a minor who is less than eighteen (18) years of age from working in an occupation designated as hazardous by the child labor provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except when the minor is working for the minor's parent or a person standing in the place of the minor's parent on a farm owned or operated by the parent or person.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-23.5. Minors Employed After 10 p.m. and Before 6 a.m.

Sec. 23.5. (a) This section does not provide an exception to the limit on the number of hours a minor is permitted to work under sections 17 through 20 of this chapter.
(b) It is unlawful for an employer to permit a minor who is:
(1) less than eighteen (18) years of age; and
(2) employed by the employer;
to work after 10 p.m. and before 6 a.m. in an establishment that is open to the public unless another employee at least eighteen (18) years of age also works in the establishment during the same hours as the minor.
(c) The requirement for an employee who is at least eighteen (18) years of age to also work in the establishment under subsection (b) does not apply if the establishment does not open to the public until after 6 a.m. and closes to the public before 10 p.m.
(d) A violation of subsection (b) is a hazardous occupation violation subject to section 30 of this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-24. Hazardous Occupations; Exception; Certain Instruction

Sec. 24. This chapter does not prevent a student from working on a properly guarded machine in the training department of a school when an instructor provides personal supervision.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-25. Employer Data Base

Sec. 25. (a) The department shall create and maintain a data base that is accessible by the public and that displays each employer that is required to register under this chapter.
(b) The data base must include the name and electronic mail address of each employer registered under this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-26. Employer Data Base; Registration

Sec. 26. (a) Each employer that hires, employs, or permits at least five (5) minors who are:
(1) at least fourteen (14) years of age; and
(2) less than eighteen (18) years of age;
to work in a gainful occupation must register with the department.
(b) An employer that must register under this chapter must provide, in the form and manner prescribed by the department, the following information:
(1) The name of the employer.
(2) The electronic mail address of the employer.
(3) The number of minors whom the employer has hired, employed, or permitted to work in a gainful occupation.
(4) Any other information required by the department.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-27. Employer Data Base; Rest Breaks; Rules

Sec. 27. (a) The department shall adopt rules under IC 4-22-2, including emergency rules adopted in the manner provided under IC 4-22-2-37.1, to:
(1) develop a schedule for the submission of the registration under section 26 of this chapter; and
(2) implement this chapter.
(b) The department may establish recommendations for rest breaks.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-28. Enforcement

Sec. 28. (a) The department and its authorized inspectors and agents:
(1) shall enforce this chapter and ensure that all violators are prosecuted; and
(2) may visit and inspect, at all reasonable hours and when as practicable and necessary, all establishments affected by this chapter.
(b) It is unlawful for any person to interfere with, obstruct, or hinder any inspector or agent of the department while the inspector or agent performs official duties or to refuse to properly answer questions asked by an inspector or agent of the department.
(c) When requested in writing by the department, the attorney general shall assist the prosecuting attorney in the prosecution of persons charged with a violation of this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-29. Investigatory Power

Sec. 29. (a) The department and its authorized inspectors and agents may investigate the age of a minor who is employed or allowed to work in an occupation.
(b) If the department or its authorized inspectors and agents find that the age of the minor is below the age authorized under this chapter, the:
(1) employment; or
(2) fact that the minor is allowed to work;
is prima facie evidence of unlawful employment.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-30. Civil Penalties

Sec. 30. (a) An employer that violates this chapter may be assessed the civil penalties described in this section by the department.
(b) For an hour violation of not more than thirty (30) minutes under sections 17 through 20 of this chapter, a violation of section 18(4) of this chapter, or a posting violation under section 22 of this chapter the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial inspection.
(2) Fifty dollars ($50) per instance for a second violation identified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violation that is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation.
(c) For a failure to register or failure to register the correct number of minors employed under section 26 of this chapter, an hour violation of more than thirty (30) minutes under sections 17 through 20 of this chapter, an age violation under section 12 or 14 of this chapter, each minor employed in violation of section 12(b) of this chapter, or a hazardous occupation violation under section 23 or 23.5 of this chapter the civil penalties are as follows:
(1) A warning letter for any violations identified during an initial inspection.
(2) One hundred dollars ($100) per instance for each violation identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third violation that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-31. Civil Penalties; Second and Subsequent Violations

Sec. 31. (a) A civil penalty assessed under section 30 of this chapter:
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review not later than thirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing a civil penalty under subsection (a), a first violation expires one (1) year after the date of issuance of a warning letter by the department under section 30 of this chapter; and
(2) recurring violations of this section, each location of an employer shall be considered separate and distinct from another location of the same employer.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-32. Labor Education and Youth Employment Fund

Sec. 32. (a) There is established a labor education and youth employment fund to educate affected parties on the purposes and contents of this chapter and the responsibilities of all parties under this chapter.
(b) The labor education and youth employment fund shall be used each year for the expenses of hiring and salaries of additional inspectors to enforce this chapter under section 30 of this chapter and to develop and maintain the data base under this chapter. Any remaining funds may be used for the purpose of the education provision of this subsection and may be used to award grants to provide educational programs.
(c) The labor education and youth employment fund shall be administered by the department. The expenses of administering the labor education and youth employment fund shall be paid from money in the fund. The treasurer of state shall invest the money in the labor education and youth employment fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the labor education and youth employment fund. Money in the labor education and youth employment fund at the end of a state fiscal year does not revert to the state general fund.
(d) Revenue received from civil penalties under section 30 of this chapter shall be deposited in the labor education and youth employment fund.
(e) All inspectors hired to enforce this chapter shall also be available to educate affected parties on the purposes and contents of this chapter and the responsibilities of all parties under this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-33. Auditor of State; Transfer of Remaining Balance

Sec. 33. On July 1, 2021, the auditor of state shall transfer the balance that remains on June 30, 2021, in the employment of youth fund established by IC 22-2-18-47 (before its expiration) to the labor education and youth employment fund established by section 32 of this chapter.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 2. Wages, Hours, and Benefits › Chapter 18.1. Employment of Minors › 22-2-18.1-34. Reporting to Governor's Workforce Cabinet

Sec. 34. The department shall submit, not later than December 1 of each year, an annual report listing all registered employers under section 25 of this chapter to the governor's workforce cabinet established by IC 4-3-27-3.
As added by P.L.147-2020, SEC.16.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 1. Worker's Compensation Board › 22-3-1-1. Creation; Term of Office; Other Positions; Removal From Office; Compensation; Executive Administrator; Expenses

Sec. 1. (a) There is hereby created the worker's compensation board of Indiana, which shall consist of seven (7) members, not more than four (4) of whom shall belong to the same political party, appointed by the governor, one (1) of whom the governor shall designate as chairman. All members of the board shall be attorneys in good standing admitted to the practice of law in Indiana.
(b) Each member of said board shall hold office for four (4) years and until the member's successor is appointed and qualified.
(c) No member of the board shall hold any other position of trust or profit or engage in any occupation or business interfering with or inconsistent with the discharge of the member's duties.
(d) Any member of said board may be removed by the governor at any time for incompetency, neglect of duty, misconduct in office, or other good cause to be stated in writing in the order of removal. In case of a vacancy in the membership of the said board, the governor shall appoint for the unexpired term.
(e) The budget agency, with the approval of the governor, shall approve the salaries of the members of the board and the secretary.
(f) The board may appoint an executive administrator and may remove the executive administrator. The executive administrator shall have authority to administer oaths and issue subpoenas in connection with the administration of IC 22-3-2 through IC 22-3-7.
(g) The board, subject to the approval of the governor, may employ and fix the compensations of such clerical and other assistants as it may deem necessary.
(h) The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses shall be approved by the chairman of the board before payment is made.
(i) All salaries and expenses of the board shall be audited and paid out of the state treasury in the manner prescribed for similar expenses in other departments or branches of the state service.
Formerly: Acts 1937, c.34, s.4 1/2; Acts 1943, c.138, s.1; Acts 1945, c.354, s.1; Acts 1961, c.219, s.1; Acts 1967, c.299, s.1; Acts 1974, P.L.108, SEC.1. As amended by P.L.144-1986, SEC.21; P.L.28-1988, SEC.18; P.L.134-2006, SEC.1; P.L.168-2011, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 1. Worker's Compensation Board › 22-3-1-2. Jurisdiction

Sec. 2. The worker's compensation board shall administer the worker's compensation law (IC 22-3-2 through IC 22-3-6).
Formerly: Acts 1937, c.34, s.5. As amended by P.L.37-1985, SEC.29; P.L.28-1988, SEC.19.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 1. Worker's Compensation Board › 22-3-1-3. Rules; Powers and Duties

Sec. 3. (a) The worker's compensation board may adopt rules under IC 4-22-2 to carry into effect the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).
(b) The worker's compensation board is authorized:
(1) to hear, determine, and review all claims for compensation under IC 22-3-2 through IC 22-3-7;
(2) to require medical service for injured employees;
(3) to approve claims for medical service or attorney's fees and the charges for nurses and hospitals;
(4) to approve agreements;
(5) to modify or change awards;
(6) to make conclusions of facts and rulings of law;
(7) to certify questions of law to the court of appeals;
(8) to approve deductions in compensation made by employers for amounts paid in excess of the amount required by law;
(9) to approve agreements between an employer and an employee or the employee's dependents for the cash payment of compensation in a lump sum, or, in the case of a person under eighteen (18) years of age, to order cash payments;
(10) to establish and maintain a list of independent medical examiners and to order physical examinations;
(11) to subpoena witnesses;
(12) to administer oaths;
(13) to apply to the circuit or superior court to enforce the attendance and testimony of witnesses and the production and examination of books, papers, and records;
(14) to create and undertake a program designed to educate and provide assistance to employees and employers regarding the rights and remedies provided by IC 22-3-2 through IC 22-3-7, and to provide for informal resolution of disputes;
(15) to assess and collect, on the board's own initiative or on the motion of a party, the penalties provided for in IC 22-3-2 through IC 22-3-7; and
(16) to exercise all other powers and duties conferred upon the board by law.
Formerly: Acts 1937, c.34, s.8; Acts 1943, c.138, s.2; Acts 1973, P.L.80, SEC.5. As amended by P.L.37-1985, SEC.30; P.L.28-1988, SEC.20; P.L.170-1991, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 1. Worker's Compensation Board › 22-3-1-4. Schedule of Attorney's Fees

Sec. 4. (a) As used in this section, "attorney's fees" means the fees requested for compensation for service provided by an attorney to a claimant under the worker's compensation law and the worker's occupational diseases law as provided under section 3(b)(3) of this chapter.
(b) As used in this section, "board" refers to the worker's compensation board of Indiana established by section 1 of this chapter.
(c) As used in this section, "claim" refers to a claim for compensation under IC 22-3-2 through IC 22-3-7 filed with the board.
(d) The following schedule of attorney's fees applies to an attorney who represents a claimant before the board when the claim for compensation results in a recovery:
(1) A minimum of two hundred dollars ($200).
(2) Twenty percent (20%) of the first fifty thousand dollars ($50,000) of recovery.
(3) Fifteen percent (15%) of the recovery in excess of fifty thousand dollars ($50,000).
(4) Ten percent (10%) of the value of:
(A) unpaid medical expenses;
(B) out-of-pocket medical expenses; or
(C) future medical expenses.
(e) The board maintains continuing jurisdiction over all attorney's fees in cases before the board and may order a different attorney's fee or allowance in a particular case.
As added by P.L.134-2006, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 1. Worker's Compensation Board › 22-3-1-5. Information Sharing Concerning Construction Workers Misclassified as Independent Contractors

Sec. 5. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do business in Indiana. The term includes a general contractor, a subcontractor, and a lower tiered contractor. The term does not include the state, the federal government, or a political subdivision.
(c) The worker's compensation board of Indiana shall cooperate with the:
(1) department of state revenue established by IC 6-8.1-2-1;
(2) department of labor created by IC 22-1-1-1; and
(3) department of workforce development established by IC 22-4.1-2-1;
by sharing information concerning any suspected improper classification by a contractor of an individual as an independent contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this section is confidential, may not be published, and is not open to public inspection.
(e) An officer or employee of the worker's compensation board of Indiana who knowingly or intentionally discloses information that is confidential under this section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-1. Repealed

Formerly: Acts 1929, c.172, s.1. As amended by P.L.144-1986, SEC.22. Repealed by P.L.28-1988, SEC.118.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-2.1. Coverage for Rostered Volunteers

Sec. 2.1. (a) As used in this section, "rostered volunteer" means a volunteer:
(1) whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and
(2) who has been approved by the proper authorities of the unit.
The term does not include a volunteer firefighter (as defined in IC 36-8-12-2) or an inmate assigned to a correctional facility operated by the state or a unit.
(b) As used in this section, "unit" means a county, a municipality, or a township.
(c) A rostered volunteer may be covered by the medical treatment provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational disease law (IC 22-3-7). If compensability of an injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-7 apply as appropriate.
(d) All expenses incurred for premiums of the insurance allowed or other charges or expenses under this section shall be paid out of the unit's general fund in the same manner as other expenses of the unit are paid.
As added by P.L.51-1993, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-2.3. Volunteer Workers; Services; Medical Benefits

Sec. 2.3. (a) As used in this section, "volunteer worker" means a person who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184); and
(B) for which the person does not receive compensation of any nature; and
(2) has been approved and accepted as a volunteer worker by the director of:
(A) the division of disability and rehabilitative services; or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for a state institution (as defined in IC 12-7-2-184) are governmental services. A volunteer worker is subject to the medical benefits described under this chapter through IC 22-3-6. However, a volunteer worker is not under this chapter through IC 22-3-6.
[Pre-1992 Title 12 Revision Citations: 16-14-7-1; 16-14-7-2.]
As added by P.L.2-1992, SEC.739. Amended by P.L.4-1993, SEC.257; P.L.5-1993, SEC.270; P.L.24-1997, SEC.62; P.L.215-2001, SEC.98; P.L.141-2006, SEC.104.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-2.5. School to Work Student

Sec. 2.5. (a) As used in this section, "school to work student" refers to a student participating in on-the-job training under the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) Except as provided in IC 22-3-7-2.5, a school to work student is entitled to the following compensation and benefits under this article:
(1) Medical benefits under IC 22-3-2 through IC 22-3-6.
(2) Permanent partial impairment compensation under IC 22-3-3-10. Permanent partial impairment compensation for a school to work student shall be paid in a lump sum upon agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred seventy-five thousand dollars ($175,000), payable upon agreement or final award to any dependents of the student under IC 22-3-3-18 through IC 22-3-3-20, or, if the student has no dependents, to the student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under IC 22-3-3-27, a school to work student's average weekly wage is presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery under subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and in the course of school to work employment.
As added by P.L.235-1999, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-3. Repealed

Formerly: Acts 1929, c.172, s.3. As amended by Acts 1972, P.L.8, SEC.8. Repealed by Acts 1974, P.L.108, SEC.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-4. Preexisting Contracts; Continuance; Minors

Sec. 4. (a) Every contract of service between any employer and employee covered by IC 22-3-2 through IC 22-3-6, written or implied, in operation on May 21, 1929, or made or implied prior to May 21, 1929, shall, after May 21, 1929, be presumed to continue; and every such contract made subsequent to May 21, 1929, shall be presumed to have been made subject to the provisions of IC 22-3-2 through IC 22-3-6 unless either party, except as provided in section 15 of this chapter, shall give notice, as provided in section 9 of this chapter, to the other party to such contract that the provisions of IC 22-3-2 through IC 22-3-6 (other than IC 22-3-4-13) are not intended to apply.
(b) A like presumption shall exist equally in the case of all minors unless notice of the same character be given by or to the parent or guardian of the minor.
Formerly: Acts 1929, c.172, s.4. As amended by P.L.144-1986, SEC.23.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 2. Worker's Compensation: Application, Rights, and Remedies › 22-3-2-5. Insurance; Certificates Authorizing Carrying of Risk Without Insurance; State Self-Insurance Program

Sec. 5. (a) Every employer who is bound by the compensation provisions of IC 22-3-2 through IC 22-3-6, except the state, counties, townships, cities, towns, school cities, school towns, other municipal corporations, state institutions, state boards, state commissions, banks, trust companies, and building and loan associations, shall insure the payment of compensation to the employer's employees and their dependents in the manner provided in IC 22-3-3, or procure from the worker's compensation board a certificate authorizing the employer to carry such risk without insurance. While such insurance or such certificate remains in force, the employer or those conducting the employer's business and the employer's worker's compensation insurance carrier shall be liable to any employee and the employee's dependents for personal injury or death by accident arising out of and in the course of employment only to the extent and in the manner specified in IC 22-3-2 through IC 22-3-6.
(b) The state may not purchase worker's compensation insurance. The state may establish a program of self-insurance to cover its liability under this article. The state may administer its program of self-insurance or may contract with any private agency, business firm, limited liability company, or corporation to administer any part of the program. The state department of insurance may, in the manner prescribed by IC 4-22-2, adopt the rules necessary to implement the state's program of self-insurance.
Formerly: Acts 1929, c.172, s.5; Acts 1961, c.187, s.1; Acts 1974, P.L.108, SEC.3. As amended by P.L.28-1983, SEC.56; P.L.28-1988, SEC.22; P.L.8-1993, SEC.279; P.L.233-2015, SEC.319.