*EH1093.1*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1093
_____
DIGEST OF HB 1093 (Updated February 21, 2024 11:16 am - DI 153)
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
of 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 is employed in agriculture. 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: January 1, 2025.
Culp, VanNatter, King, Lehman
(SENATE SPONSORS — BUCHANAN, ROGERS)
January 8, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
January 18, 2024, amended, reported — Do Pass.
January 25, 2024, read second time, amended, ordered engrossed.
January 26, 2024, engrossed.
January 29, 2024, read third time, passed. Yeas 66, nays 31.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Pensions and Labor.
February 22, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1093—LS 6239/DI 141 February 23, 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.
ENGROSSED
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 JANUARY 1, 2025]: 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 in which a parent of the employed child or persons a person
11 standing in place of the parent of the employed child has an
12 ownership interest;
13 except in the instances of underage employment (as set forth in
14 section 12(a) of this chapter), employment during school hours
15 (as set forth in section 12(b) of this chapter), and employment in
16 hazardous occupations designated by federal law (as set forth in
17 section 23 of this chapter).
EH 1093—LS 6239/DI 141 2
1 (b) This chapter does not apply to (2) A minor enrolled in a work
2 based learning course (as defined in IC 20-43-8-0.7).
3 (3) A minor employed as an actor or performer in:
4 (A) motion pictures; or
5 (B) theatrical, radio, or television productions.
6 (4) A minor employed as a newspaper carrier.
7 (5) A minor employed as a homeworker engaged in the
8 making of evergreen wreaths, including the harvesting of the
9 evergreens or other forest products used in making the
10 wreaths.
11 SECTION 2. IC 22-2-18.1-12, AS ADDED BY P.L.147-2020,
12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JANUARY 1, 2025]: Sec. 12. (a) This subsection does not apply to a
14 minor who is employed or works as a youth athletic program referee,
15 umpire, or official under section 13 of this chapter. A minor less than:
16 (1) fourteen (14) years of age may not be employed or allowed to
17 work in any gainful occupation except as a farm laborer, domestic
18 service worker, or caddie for persons playing the game of golf; or
19 newspaper carrier; and
20 (2) twelve (12) years of age may not be permitted to work at farm
21 labor except on a farm operated by the minor's parent.
22 (b) Except as provided in section 14 16(c) of this chapter, an
23 employer may not employ or permit any minor less than sixteen (16)
24 years of age to work in any occupation during school hours on a school
25 day.
26 SECTION 3. IC 22-2-18.1-14 IS REPEALED [EFFECTIVE
27 JANUARY 1, 2025]. Sec. 14. This chapter may not prevent a minor of
28 any age from singing, playing, or performing in a studio, circus,
29 theatrical, or musical exhibition, concert, or festival, in radio and
30 television broadcasts, or as a live or photographic model. A minor less
31 than eighteen (18) years of age may not be employed except under the
32 following conditions:
33 (1) The activities described in this section must not:
34 (A) be detrimental to the life, health, safety, or welfare of the
35 minor; or
36 (B) interfere with the schooling of the minor.
37 Provision shall be made for education equivalent to full-time
38 school attendance in the public schools for minors less than
39 sixteen (16) years of age.
40 (2) A parent shall accompany a minor less than sixteen (16) years
41 of age at all rehearsals, appearances, and performances.
42 (3) The employment or appearance may not be in a cabaret, dance
EH 1093—LS 6239/DI 141 3
1 hall, night club, tavern, or other similar place.
2 SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
3 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JANUARY 1, 2025]: Sec. 16. (a) Except as provided in subsection
5 subsections (b) and (c), sections 17 through and 22 of this chapter
6 apply only to the employment of a minor who is less than eighteen (18)
7 sixteen (16) years of age.
8 (b) Sections 17 through and 22 of this chapter do not apply to the
9 following:
10 (1) A minor who is at least fourteen (14) years of age but less than
11 eighteen (18) sixteen (16) years of age who:
12 (A) performs:
13 (i) farm labor; or
14 (ii) domestic service; or
15 (B) acts as a
16 (i) caddie for a person playing the game of golf; or
17 (ii) newspaper carrier.
18 (C) is employed to perform sports-attending services at
19 professional sporting events as set forth in 29 CFR
20 570.35(c)(2).
21 (2) A minor who is:
22 (A) at least twelve (12) years of age but less than eighteen (18)
23 sixteen (16) years of age; and
24 (B) employed or works as a youth athletic program referee,
25 umpire, or official under section 13 of this chapter.
26 (3) A minor less than eighteen (18) years of age who:
27 (A) works as an actor or performer if the provisions of section
28 14 of this chapter are met; or
29 (B) has graduated from high school.
30 (c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do
31 not apply to a minor who is at least fourteen (14) years of age and
32 less than sixteen (16) years of age who:
33 (1) has graduated from high school;
34 (2) has completed grade 8, is excused from the compulsory
35 school attendance requirements, and whose parent submits a
36 statement in accordance with subsection (d);
37 (3) has a child to support, is excused from the compulsory
38 school attendance requirements, and whose parent submits a
39 statement in accordance with subsection (d);
40 (4) is subject to an order issued by a court that has
41 jurisdiction over the minor that prohibits the minor from
42 attending school; or
EH 1093—LS 6239/DI 141 4
1 (5) has been expelled from school and is not required to attend
2 an alternative school or an alternative educational program.
3 (d) To qualify for an exemption under subsection (c)(2) or (c)(3),
4 the minor's parent must submit to the minor's current or
5 prospective employer:
6 (1) a signed statement from the parent declaring that the
7 minor has been excused from the compulsory school
8 attendance requirements; and
9 (2) proof supporting the statement made under subdivision
10 (1).
11 SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JANUARY 1, 2025]: Sec. 17. The following apply only to a minor who
14 is at least fourteen (14) years of age and less than sixteen (16) years of
15 age:
16 (1) The minor may not work before 7 a.m. or after 7 p.m.
17 However, except on a day that precedes a school day when the
18 minor may only work until 7 p.m., the minor may work until 9
19 p.m. from June 1 through Labor Day.
20 (2) The minor may not work:
21 (A) more than three (3) hours on a school day;
22 (B) more than eighteen (18) hours in a school week;
23 (C) more than eight (8) hours on a nonschool day; or
24 (D) more than forty (40) hours in a nonschool week.
25 SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE
26 JANUARY 1, 2025]. Sec. 18. A minor who is at least sixteen (16)
27 years of age and less than eighteen (18) years of age may not:
28 (1) work for more than nine (9) hours in any one (1) day;
29 (2) work for more than forty (40) hours in a school week;
30 (3) work for more than forty-eight (48) hours in a nonschool
31 week;
32 (4) work for more than six (6) days in any one (1) week; or
33 (5) begin a work day before 6 a.m.
34 SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE
35 JANUARY 1, 2025]. Sec. 19. A minor who is at least sixteen (16)
36 years of age and less than eighteen (18) years of age may work until 10
37 p.m. on nights that are followed by a school day in any occupation
38 except those that the commissioner of labor determines to be:
39 (1) dangerous to life or limb; or
40 (2) injurious to health or morals.
41 SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE
42 JANUARY 1, 2025]. Sec. 20. A minor who is at least sixteen (16)
EH 1093—LS 6239/DI 141 5
1 years of age and less than eighteen (18) years of age may work until 11
2 p.m. on a night followed by a school day if the employer has obtained
3 written permission from the minor's parent and placed the written
4 permission on file in the employer's office.
5 SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE
6 JANUARY 1, 2025]. Sec. 21. A minor who is at least sixteen (16)
7 years of age and less than eighteen (18) years of age may be employed
8 at the same daily and weekly hours and at the same times of day as
9 adults if the minor is a member of any of the following categories:
10 (1) The minor is a high school graduate.
11 (2) The minor has completed an approved career and technical
12 education program or special education program.
13 (3) The minor is not enrolled in a regular school term.
14 SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JANUARY 1, 2025]: Sec. 22. Every employer that employs a minor at
17 least fourteen (14) years of age and less than eighteen (18) sixteen (16)
18 years of age shall post and keep posted a printed notice in a
19 conspicuous place or in places where notices to employees are
20 customarily posted. This notice must state:
21 (1) the maximum number of hours a minor may be employed or
22 permitted to work each day of the week; and
23 (2) the hours of beginning and ending each day.
24 The forms for this notice shall be furnished by the department.
25 SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
26 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JANUARY 1, 2025]: Sec. 23. (a) This section does not apply to a
28 minor who is at least sixteen (16) years of age and less than
29 eighteen (18) years of age who is employed in agriculture (as
30 defined in Section 203(f) of the federal Fair Labor Standards Act
31 of 1938, as amended (29 U.S.C. 201 et seq.)).
32 (b) The department shall prohibit a minor who is less than eighteen
33 (18) years of age from working in an occupation designated as
34 hazardous by the child labor provisions of the federal Fair Labor
35 Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except
36 when the minor is working for the minor's parent or a person standing
37 in the place of the minor's parent on a farm owned or operated by the
38 parent or person.
39 SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
40 JANUARY 1, 2025]. Sec. 23.5. (a) This section does not provide an
41 exception to the limit on the number of hours a minor is permitted to
42 work under sections 17 through 20 of this chapter.
EH 1093—LS 6239/DI 141 6
1 (b) It is unlawful for an employer to permit a minor who is:
2 (1) less than eighteen (18) years of age; and
3 (2) employed by the employer;
4 to work after 10 p.m. and before 6 a.m. in an establishment that is open
5 to the public unless another employee at least eighteen (18) years of
6 age also works in the establishment during the same hours as the
7 minor.
8 (c) The requirement for an employee who is at least eighteen (18)
9 years of age to also work in the establishment under subsection (b)
10 does not apply if the establishment does not open to the public until
11 after 6 a.m. and closes to the public before 10 p.m.
12 (d) A violation of subsection (b) is a hazardous occupation violation
13 subject to section 30 of this chapter.
14 SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
15 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JANUARY 1, 2025]: Sec. 30. (a) An employer that violates this
17 chapter may be assessed the civil penalties described in this section by
18 the department.
19 (b) For an hour violation of not more than thirty (30) minutes under
20 sections section 17 through 20 of this chapter a violation of section
21 18(4) of this chapter, or a posting violation under section 22 of this
22 chapter the civil penalties are as follows:
23 (1) A warning letter for any violations identified during an initial
24 inspection.
25 (2) Fifty dollars ($50) per instance for a second violation
26 identified in a subsequent inspection.
27 (3) Seventy-five dollars ($75) per instance for a third violation
28 that is identified in a subsequent inspection.
29 (4) One hundred dollars ($100) per instance for a fourth or
30 subsequent violation that is identified in an inspection subsequent
31 to the inspection under subdivision (3) and that occurs not more
32 than two (2) years after a prior violation.
33 (c) For a failure to register or failure to register the correct number
34 of minors employed under section 26 of this chapter, an hour violation
35 of more than thirty (30) minutes under sections section 17 through 20
36 of this chapter, an age violation under section 12 or 14 of this chapter,
37 each minor employed in violation of section 12(b) of this chapter, or a
38 hazardous occupation violation under section 23 or 23.5 of this chapter
39 the civil penalties are as follows:
40 (1) A warning letter for any violations identified during an initial
41 inspection.
42 (2) One hundred dollars ($100) per instance for each violation
EH 1093—LS 6239/DI 141 7
1 identified in a subsequent inspection.
2 (3) Two hundred dollars ($200) per instance for a third violation
3 that is identified in a subsequent inspection.
4 (4) Four hundred dollars ($400) per instance for a fourth or
5 subsequent violation that is identified in an inspection subsequent
6 to the inspection under subdivision (3) and that occurs not more
7 than two (2) years after a prior violation.
EH 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
EH 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.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1093 be amended to read as
follows:
Replace the effective dates in SECTIONS 1 through 13 with
"[EFFECTIVE JANUARY 1, 2025]".
Page 5, line 27, delete "performs farm labor." and insert "is
employed in agriculture (as defined in Section 203(f) of the federal
Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et
seq.)).".
(Reference is to HB 1093 as printed January 18, 2024.)
CULP
EH 1093—LS 6239/DI 141 10
COMMITTEE REPORT
Madam President: The Senate Committee on Pensions and Labor,
to which was referred House Bill No. 1093, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 9, begin a new paragraph and insert:
"SECTION 1. IC 22-2-18.1-2, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 2. (a) This chapter does not apply to the
following:
(1) A:
(A) parent who employs the parent's own child;
(2) a (B) person standing in place of a parent who employs a
child in the person's custody; or
(3) a (C) legal entity whose ownership is limited to the parents
in which a parent of the employed child or persons a person
standing in place of the parent of the employed child has an
ownership interest;
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 (2) A minor enrolled in a work
based learning course (as defined in IC 20-43-8-0.7).
(3) A minor employed as an actor or performer in:
(A) motion pictures; or
(B) theatrical, radio, or television productions.
(4) A minor employed as a newspaper carrier.
(5) A minor employed as a homeworker engaged in the
making of evergreen wreaths, including the harvesting of the
evergreens or other forest products used in making the
wreaths.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1093 as reprinted January 26, 2024.)
ROGERS, Chairperson
EH 1093—LS 6239/DI 141 11
Committee Vote: Yeas 7, Nays 3.
EH 1093—LS 6239/DI 141