Introduced Version
HOUSE BILL No. 1093
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-2-18.1.
Synopsis: Employment of minors. Provides certain exemptions from
the employment of minors law. Repeals a provision concerning
conditions for the employment of a minor as a performer. Provides
exemptions from certain hour and time restrictions for the employment
of a minor who is at least 14 years of age and less than 16 years of age.
Removes language providing that a minor who is at least 14 years of
age and less than 16 years of age may only work until 7 p.m. on a day
that precedes a school day from June 1 through Labor Day. Repeals
provisions concerning hour and time restrictions for the employment
a minor who is at least 16 years of age and less than 18 years of age.
Specifies that the prohibition on a minor from working in a hazardous
occupation does not apply to a minor who is at least 16 years of age and
less than 18 years of age who performs farm labor. Repeals a provision
concerning restrictions on an employer who employs a minor to work
after 10 p.m. and before 6 a.m. Makes corresponding changes.
Effective: July 1, 2024.
Culp
January 8, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
2024 IN 1093—LS 6239/DI 141 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1093
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. (a) This chapter does not apply to the
4 following:
5 (1) A:
6 (A) parent who employs the parent's own child;
7 (2) a (B) person standing in place of a parent who employs a
8 child in the person's custody; or
9 (3) a (C) legal entity whose ownership is limited to the parents
10 of the employed child or persons standing in place of the
11 parent of the employed child;
12 except in the instances of underage employment (as set forth in
13 section 12(a) of this chapter), employment during school hours
14 (as set forth in section 12(b) of this chapter), and employment in
15 hazardous occupations designated by federal law (as set forth in
16 section 23 of this chapter).
17 (b) This chapter does not apply to (2) A minor enrolled in a work
2024 IN 1093—LS 6239/DI 141 2
1 based learning course (as defined in IC 20-43-8-0.7).
2 (3) A minor employed as an actor or performer in:
3 (A) motion pictures; or
4 (B) theatrical, radio, or television productions.
5 (4) A minor employed as a newspaper carrier.
6 (5) A minor employed as a homeworker engaged in the
7 making of evergreen wreaths, including the harvesting of the
8 evergreens or other forest products used in making the
9 wreaths.
10 SECTION 2. IC 22-2-18.1-12, AS ADDED BY P.L.147-2020,
11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 12. (a) This subsection does not apply to a minor
13 who is employed or works as a youth athletic program referee, umpire,
14 or official under section 13 of this chapter. A minor less than:
15 (1) fourteen (14) years of age may not be employed or allowed to
16 work in any gainful occupation except as a farm laborer, domestic
17 service worker, or caddie for persons playing the game of golf; or
18 newspaper carrier; and
19 (2) twelve (12) years of age may not be permitted to work at farm
20 labor except on a farm operated by the minor's parent.
21 (b) Except as provided in section 14 16(c) of this chapter, an
22 employer may not employ or permit any minor less than sixteen (16)
23 years of age to work in any occupation during school hours on a school
24 day.
25 SECTION 3. IC 22-2-18.1-14 IS REPEALED [EFFECTIVE JULY
26 1, 2024]. Sec. 14. This chapter may not prevent a minor of any age
27 from singing, playing, or performing in a studio, circus, theatrical, or
28 musical exhibition, concert, or festival, in radio and television
29 broadcasts, or as a live or photographic model. A minor less than
30 eighteen (18) years of age may not be employed except under the
31 following conditions:
32 (1) The activities described in this section must not:
33 (A) be detrimental to the life, health, safety, or welfare of the
34 minor; or
35 (B) interfere with the schooling of the minor.
36 Provision shall be made for education equivalent to full-time
37 school attendance in the public schools for minors less than
38 sixteen (16) years of age.
39 (2) A parent shall accompany a minor less than sixteen (16) years
40 of age at all rehearsals, appearances, and performances.
41 (3) The employment or appearance may not be in a cabaret, dance
42 hall, night club, tavern, or other similar place.
2024 IN 1093—LS 6239/DI 141 3
1 SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 16. (a) Except as provided in subsection
4 subsections (b) and (c), sections 17 through and 22 of this chapter
5 apply only to the employment of a minor who is less than eighteen (18)
6 sixteen (16) years of age.
7 (b) Sections 17 through and 22 of this chapter do not apply to the
8 following:
9 (1) A minor who is at least fourteen (14) years of age but less than
10 eighteen (18) sixteen (16) years of age who:
11 (A) performs:
12 (i) farm labor; or
13 (ii) domestic service; or
14 (B) acts as a
15 (i) caddie for a person playing the game of golf; or
16 (ii) newspaper carrier.
17 (C) is employed to perform sports-attending services at
18 professional sporting events as set forth in 29 CFR
19 570.35(c)(2).
20 (2) A minor who is:
21 (A) at least twelve (12) years of age but less than eighteen (18)
22 sixteen (16) years of age; and
23 (B) employed or works as a youth athletic program referee,
24 umpire, or official under section 13 of this chapter.
25 (3) A minor less than eighteen (18) years of age who:
26 (A) works as an actor or performer if the provisions of section
27 14 of this chapter are met; or
28 (B) has graduated from high school.
29 (c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do
30 not apply to a minor less than sixteen (16) years of age who:
31 (1) has graduated from high school;
32 (2) has completed grade 8 and is excused from the compulsory
33 school attendance requirements under IC 20-33-2;
34 (3) has a child to support and is excused from the compulsory
35 school attendance requirements under IC 20-33-2;
36 (4) is subject to an order issued by a court that has
37 jurisdiction over the minor that prohibits the minor from
38 attending school; or
39 (5) has been expelled from school and is not required to attend
40 an alternative school or an alternative educational program.
41 SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 1093—LS 6239/DI 141 4
1 JULY 1, 2024]: Sec. 17. The following apply only to a minor who is at
2 least fourteen (14) years of age and less than sixteen (16) years of age:
3 (1) The minor may not work before 7 a.m. or after 7 p.m.
4 However, except on a day that precedes a school day when the
5 minor may only work until 7 p.m., the minor may work until 9
6 p.m. from June 1 through Labor Day.
7 (2) The minor may not work:
8 (A) more than three (3) hours on a school day;
9 (B) more than eighteen (18) hours in a school week;
10 (C) more than eight (8) hours on a nonschool day; or
11 (D) more than forty (40) hours in a nonschool week.
12 SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE JULY
13 1, 2024]. Sec. 18. A minor who is at least sixteen (16) years of age and
14 less than eighteen (18) years of age may not:
15 (1) work for more than nine (9) hours in any one (1) day;
16 (2) work for more than forty (40) hours in a school week;
17 (3) work for more than forty-eight (48) hours in a nonschool
18 week;
19 (4) work for more than six (6) days in any one (1) week; or
20 (5) begin a work day before 6 a.m.
21 SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE JULY
22 1, 2024]. Sec. 19. A minor who is at least sixteen (16) years of age and
23 less than eighteen (18) years of age may work until 10 p.m. on nights
24 that are followed by a school day in any occupation except those that
25 the commissioner of labor determines to be:
26 (1) dangerous to life or limb; or
27 (2) injurious to health or morals.
28 SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE JULY
29 1, 2024]. Sec. 20. A minor who is at least sixteen (16) years of age and
30 less than eighteen (18) years of age may work until 11 p.m. on a night
31 followed by a school day if the employer has obtained written
32 permission from the minor's parent and placed the written permission
33 on file in the employer's office.
34 SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE JULY
35 1, 2024]. Sec. 21. A minor who is at least sixteen (16) years of age and
36 less than eighteen (18) years of age may be employed at the same daily
37 and weekly hours and at the same times of day as adults if the minor is
38 a member of any of the following categories:
39 (1) The minor is a high school graduate.
40 (2) The minor has completed an approved career and technical
41 education program or special education program.
42 (3) The minor is not enrolled in a regular school term.
2024 IN 1093—LS 6239/DI 141 5
1 SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 22. Every employer that employs a minor at least
4 fourteen (14) years of age and less than eighteen (18) sixteen (16)
5 years of age shall post and keep posted a printed notice in a
6 conspicuous place or in places where notices to employees are
7 customarily posted. This notice must state:
8 (1) the maximum number of hours a minor may be employed or
9 permitted to work each day of the week; and
10 (2) the hours of beginning and ending each day.
11 The forms for this notice shall be furnished by the department.
12 SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
13 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 23. (a) This section does not apply to a minor
15 who is at least sixteen (16) years of age and less than eighteen (18)
16 years of age who performs farm labor.
17 (b) The department shall prohibit a minor who is less than eighteen
18 (18) years of age from working in an occupation designated as
19 hazardous by the child labor provisions of the federal Fair Labor
20 Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except
21 when the minor is working for the minor's parent or a person standing
22 in the place of the minor's parent on a farm owned or operated by the
23 parent or person.
24 SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
25 JULY 1, 2024]. Sec. 23.5. (a) This section does not provide an
26 exception to the limit on the number of hours a minor is permitted to
27 work under sections 17 through 20 of this chapter.
28 (b) It is unlawful for an employer to permit a minor who is:
29 (1) less than eighteen (18) years of age; and
30 (2) employed by the employer;
31 to work after 10 p.m. and before 6 a.m. in an establishment that is open
32 to the public unless another employee at least eighteen (18) years of
33 age also works in the establishment during the same hours as the
34 minor.
35 (c) The requirement for an employee who is at least eighteen (18)
36 years of age to also work in the establishment under subsection (b)
37 does not apply if the establishment does not open to the public until
38 after 6 a.m. and closes to the public before 10 p.m.
39 (d) A violation of subsection (b) is a hazardous occupation violation
40 subject to section 30 of this chapter.
41 SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 1093—LS 6239/DI 141 6
1 JULY 1, 2024]: Sec. 30. (a) An employer that violates this chapter may
2 be assessed the civil penalties described in this section by the
3 department.
4 (b) For an hour violation of not more than thirty (30) minutes under
5 sections section 17 through 20 of this chapter a violation of section
6 18(4) of this chapter, or a posting violation under section 22 of this
7 chapter the civil penalties are as follows:
8 (1) A warning letter for any violations identified during an initial
9 inspection.
10 (2) Fifty dollars ($50) per instance for a second violation
11 identified in a subsequent inspection.
12 (3) Seventy-five dollars ($75) per instance for a third violation
13 that is identified in a subsequent inspection.
14 (4) One hundred dollars ($100) per instance for a fourth or
15 subsequent violation that is identified in an inspection subsequent
16 to the inspection under subdivision (3) and that occurs not more
17 than two (2) years after a prior violation.
18 (c) For a failure to register or failure to register the correct number
19 of minors employed under section 26 of this chapter, an hour violation
20 of more than thirty (30) minutes under sections section 17 through 20
21 of this chapter, an age violation under section 12 or 14 of this chapter,
22 each minor employed in violation of section 12(b) of this chapter, or a
23 hazardous occupation violation under section 23 or 23.5 of this chapter
24 the civil penalties are as follows:
25 (1) A warning letter for any violations identified during an initial
26 inspection.
27 (2) One hundred dollars ($100) per instance for each violation
28 identified in a subsequent inspection.
29 (3) Two hundred dollars ($200) per instance for a third violation
30 that is identified in a subsequent inspection.
31 (4) Four hundred dollars ($400) per instance for a fourth or
32 subsequent violation that is identified in an inspection subsequent
33 to the inspection under subdivision (3) and that occurs not more
34 than two (2) years after a prior violation.
2024 IN 1093—LS 6239/DI 141