*HB1093.1*
January 18, 2024
HOUSE BILL No. 1093
_____
DIGEST OF HB 1093 (Updated January 18, 2024 10:27 am - DI 141)
Citations Affected: IC 22-2.
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.
January 18, 2024, amended, reported — Do Pass.
HB 1093—LS 6239/DI 141 January 18, 2024
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
HB 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.
HB 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 who is at least fourteen (14) years of age and
31 less than sixteen (16) years of age who:
32 (1) has graduated from high school;
33 (2) has completed grade 8, is excused from the compulsory
34 school attendance requirements, and whose parent submits a
35 statement in accordance with subsection (d);
36 (3) has a child to support, is excused from the compulsory
37 school attendance requirements, and whose parent submits a
38 statement in accordance with subsection (d);
39 (4) is subject to an order issued by a court that has
40 jurisdiction over the minor that prohibits the minor from
41 attending school; or
42 (5) has been expelled from school and is not required to attend
HB 1093—LS 6239/DI 141 4
1 an alternative school or an alternative educational program.
2 (d) To qualify for an exemption under subsection (c)(2) or (c)(3),
3 the minor's parent must submit to the minor's current or
4 prospective employer:
5 (1) a signed statement from the parent declaring that the
6 minor has been excused from the compulsory school
7 attendance requirements; and
8 (2) proof supporting the statement made under subdivision
9 (1).
10 SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 17. The following apply only to a minor who is at
13 least fourteen (14) years of age and less than sixteen (16) years of age:
14 (1) The minor may not work before 7 a.m. or after 7 p.m.
15 However, except on a day that precedes a school day when the
16 minor may only work until 7 p.m., the minor may work until 9
17 p.m. from June 1 through Labor Day.
18 (2) The minor may not work:
19 (A) more than three (3) hours on a school day;
20 (B) more than eighteen (18) hours in a school week;
21 (C) more than eight (8) hours on a nonschool day; or
22 (D) more than forty (40) hours in a nonschool week.
23 SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE JULY
24 1, 2024]. Sec. 18. A minor who is at least sixteen (16) years of age and
25 less than eighteen (18) years of age may not:
26 (1) work for more than nine (9) hours in any one (1) day;
27 (2) work for more than forty (40) hours in a school week;
28 (3) work for more than forty-eight (48) hours in a nonschool
29 week;
30 (4) work for more than six (6) days in any one (1) week; or
31 (5) begin a work day before 6 a.m.
32 SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE JULY
33 1, 2024]. Sec. 19. A minor who is at least sixteen (16) years of age and
34 less than eighteen (18) years of age may work until 10 p.m. on nights
35 that are followed by a school day in any occupation except those that
36 the commissioner of labor determines to be:
37 (1) dangerous to life or limb; or
38 (2) injurious to health or morals.
39 SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE JULY
40 1, 2024]. Sec. 20. A minor who is at least sixteen (16) years of age and
41 less than eighteen (18) years of age may work until 11 p.m. on a night
42 followed by a school day if the employer has obtained written
HB 1093—LS 6239/DI 141 5
1 permission from the minor's parent and placed the written permission
2 on file in the employer's office.
3 SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE JULY
4 1, 2024]. Sec. 21. A minor who is at least sixteen (16) years of age and
5 less than eighteen (18) years of age may be employed at the same daily
6 and weekly hours and at the same times of day as adults if the minor is
7 a member of any of the following categories:
8 (1) The minor is a high school graduate.
9 (2) The minor has completed an approved career and technical
10 education program or special education program.
11 (3) The minor is not enrolled in a regular school term.
12 SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
13 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 22. Every employer that employs a minor at least
15 fourteen (14) years of age and less than eighteen (18) sixteen (16)
16 years of age shall post and keep posted a printed notice in a
17 conspicuous place or in places where notices to employees are
18 customarily posted. This notice must state:
19 (1) the maximum number of hours a minor may be employed or
20 permitted to work each day of the week; and
21 (2) the hours of beginning and ending each day.
22 The forms for this notice shall be furnished by the department.
23 SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
24 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 23. (a) This section does not apply to a minor
26 who is at least sixteen (16) years of age and less than eighteen (18)
27 years of age who performs farm labor.
28 (b) The department shall prohibit a minor who is less than eighteen
29 (18) years of age from working in an occupation designated as
30 hazardous by the child labor provisions of the federal Fair Labor
31 Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except
32 when the minor is working for the minor's parent or a person standing
33 in the place of the minor's parent on a farm owned or operated by the
34 parent or person.
35 SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
36 JULY 1, 2024]. Sec. 23.5. (a) This section does not provide an
37 exception to the limit on the number of hours a minor is permitted to
38 work under sections 17 through 20 of this chapter.
39 (b) It is unlawful for an employer to permit a minor who is:
40 (1) less than eighteen (18) years of age; and
41 (2) employed by the employer;
42 to work after 10 p.m. and before 6 a.m. in an establishment that is open
HB 1093—LS 6239/DI 141 6
1 to the public unless another employee at least eighteen (18) years of
2 age also works in the establishment during the same hours as the
3 minor.
4 (c) The requirement for an employee who is at least eighteen (18)
5 years of age to also work in the establishment under subsection (b)
6 does not apply if the establishment does not open to the public until
7 after 6 a.m. and closes to the public before 10 p.m.
8 (d) A violation of subsection (b) is a hazardous occupation violation
9 subject to section 30 of this chapter.
10 SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
11 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 30. (a) An employer that violates this chapter may
13 be assessed the civil penalties described in this section by the
14 department.
15 (b) For an hour violation of not more than thirty (30) minutes under
16 sections section 17 through 20 of this chapter a violation of section
17 18(4) of this chapter, or a posting violation under section 22 of this
18 chapter the civil penalties are as follows:
19 (1) A warning letter for any violations identified during an initial
20 inspection.
21 (2) Fifty dollars ($50) per instance for a second violation
22 identified in a subsequent inspection.
23 (3) Seventy-five dollars ($75) per instance for a third violation
24 that is identified in a subsequent inspection.
25 (4) One hundred dollars ($100) per instance for a fourth or
26 subsequent violation that is identified in an inspection subsequent
27 to the inspection under subdivision (3) and that occurs not more
28 than two (2) years after a prior violation.
29 (c) For a failure to register or failure to register the correct number
30 of minors employed under section 26 of this chapter, an hour violation
31 of more than thirty (30) minutes under sections section 17 through 20
32 of this chapter, an age violation under section 12 or 14 of this chapter,
33 each minor employed in violation of section 12(b) of this chapter, or a
34 hazardous occupation violation under section 23 or 23.5 of this chapter
35 the civil penalties are as follows:
36 (1) A warning letter for any violations identified during an initial
37 inspection.
38 (2) One hundred dollars ($100) per instance for each violation
39 identified in a subsequent inspection.
40 (3) Two hundred dollars ($200) per instance for a third violation
41 that is identified in a subsequent inspection.
42 (4) Four hundred dollars ($400) per instance for a fourth or
HB 1093—LS 6239/DI 141 7
1 subsequent violation that is identified in an inspection subsequent
2 to the inspection under subdivision (3) and that occurs not more
3 than two (2) years after a prior violation.
HB 1093—LS 6239/DI 141 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1093, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 3, delete lines 1 through 40, begin a new paragraph and insert:
"SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 16. (a) Except as provided in subsection
subsections (b) and (c), sections 17 through and 22 of this chapter
apply only to the employment of a minor who is less than eighteen (18)
sixteen (16) years of age.
(b) Sections 17 through and 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) sixteen (16) 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.
(C) is employed to perform sports-attending services at
professional sporting events as set forth in 29 CFR
570.35(c)(2).
(2) A minor who is:
(A) at least twelve (12) years of age but less than eighteen (18)
sixteen (16) 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.
(c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do
not apply to a minor who is at least fourteen (14) years of age and
less than sixteen (16) years of age who:
(1) has graduated from high school;
(2) has completed grade 8, is excused from the compulsory
school attendance requirements, and whose parent submits a
statement in accordance with subsection (d);
(3) has a child to support, is excused from the compulsory
HB 1093—LS 6239/DI 141 9
school attendance requirements, and whose parent submits a
statement in accordance with subsection (d);
(4) is subject to an order issued by a court that has
jurisdiction over the minor that prohibits the minor from
attending school; or
(5) has been expelled from school and is not required to attend
an alternative school or an alternative educational program.
(d) To qualify for an exemption under subsection (c)(2) or (c)(3),
the minor's parent must submit to the minor's current or
prospective employer:
(1) a signed statement from the parent declaring that the
minor has been excused from the compulsory school
attendance requirements; and
(2) proof supporting the statement made under subdivision
(1).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1093 as introduced.)
VANNATTER
Committee Vote: yeas 8, nays 3.
HB 1093—LS 6239/DI 141