Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1093
AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:
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.
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(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.
SECTION 2. IC 22-2-18.1-12, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: 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, or 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 16(c) 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.
SECTION 3. IC 22-2-18.1-14 IS REPEALED [EFFECTIVE
JANUARY 1, 2025]. 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.
SECTION 4. IC 22-2-18.1-16, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 16. (a) Except as provided in subsection
subsections (b) and (c), sections 17 through and 22 of this chapter
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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
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:
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(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).
SECTION 5. IC 22-2-18.1-17, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: 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.
SECTION 6. IC 22-2-18.1-18 IS REPEALED [EFFECTIVE
JANUARY 1, 2025]. 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.
SECTION 7. IC 22-2-18.1-19 IS REPEALED [EFFECTIVE
JANUARY 1, 2025]. 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.
SECTION 8. IC 22-2-18.1-20 IS REPEALED [EFFECTIVE
JANUARY 1, 2025]. 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.
SECTION 9. IC 22-2-18.1-21 IS REPEALED [EFFECTIVE
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JANUARY 1, 2025]. 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.
SECTION 10. IC 22-2-18.1-22, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 22. Every employer that employs a minor at
least fourteen (14) years of age and less than eighteen (18) sixteen (16)
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.
SECTION 11. IC 22-2-18.1-23, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: Sec. 23. (a) This section does not apply to a
minor who is at least sixteen (16) years of age and less than
eighteen (18) years of age who 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.)).
(b) 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.
SECTION 12. IC 22-2-18.1-23.5 IS REPEALED [EFFECTIVE
JANUARY 1, 2025]. 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
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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.
SECTION 13. IC 22-2-18.1-30, AS ADDED BY P.L.147-2020,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025]: 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 section 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 section 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
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to the inspection under subdivision (3) and that occurs not more
than two (2) years after a prior violation.
HEA 1093 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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