Indiana 2024 2024 Regular Session

Indiana House Bill HB1093 Introduced / Fiscal Note

Filed 03/04/2024

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6239	NOTE PREPARED: Mar 4, 2024
BILL NUMBER: HB 1093	BILL AMENDED: Feb 22, 2024
SUBJECT: Employment of Minors.
FIRST AUTHOR: Rep. Culp	BILL STATUS: 2
nd
 Reading - 2
nd
 House
FIRST SPONSOR: Sen. Buchanan
FUNDS AFFECTED: GENERAL	IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: The bill provides certain exemptions from the employment of minors law. It
repeals a provision concerning conditions for the employment of a minor as a performer. The bill 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. The bill also 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. It also 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. The bill 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. It repeals a provision
concerning restrictions on an employer who employs a minor to work after 10 p.m. and before 6 a.m. It
makes corresponding changes.
Effective Date: January 1, 2025.
Explanation of State Expenditures: The bill reduces the number of hour violations, age violations, and
hazardous occupation violations that are enforced by the Department of Labor’s Bureau of Youth
Employment and may reduce workload and/or expenses related to child labor law inspections. The agency
also educates employers about child labor laws, and may have increased workload to inform employers about
the changes to Indiana child labor laws. Expenses for enforcing child labor laws are paid from the Labor
Education and Youth Employment Fund.
Additional Information - A child labor bulletin published by the U.S. Department of Labor regarding child
labor requirements in agricultural occupations mentions that a minor aged 14 and older may be allowed to
HB 1093	1 work during school hours if they have been excused from attending school based on religious reasons and
meet the requirements of the state’s educational attendance laws.
The federal Fair Labor Standards Act allows children of any age to work for businesses solely owned by their
parents or persons standing in place of their parents. In cases where federal law is more protective than state
law, federal law still applies.
Explanation of State Revenues: The bill would reduce revenue to the Labor Education and Youth
Employment Fund from penalties collected from employers who violate Indiana’s child labor laws. The
largest revenue reduction is due to eliminating civil penalties for work hour violations for 16 or 17-year-olds.
In FY 2023, the fund received $427,825 in revenue from penalty collections, of which $227,850 was
collected due to work hour violations by 16 or 17-year-old employees. The fund is used to pay the salary of
inspectors to enforce child labor laws, to develop and maintain a database of employers who hire young
people, and to educate employers about child labor laws. 
Explanation of Local Expenditures: 
Explanation of Local Revenues: 
State Agencies Affected: Department of Labor.
Local Agencies Affected: 
Information Sources: David Bennett, Department of Labor; Legislative Services Agency. Indiana
Handbook of Taxes, Revenues, and Appropriations, FY 2023; U.S. Department of Labor Wage and Hour
Division. Child Labor Bulletin 102. Child Labor Requirements in Agricultural Occupations Under the Fair
Labor Standards Act. https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/childlabor102.pdf
Fiscal Analyst: Camille Tesch, 317-232-5293.
HB 1093	2