*EH1558.1*
March 21, 2025
ENGROSSED
HOUSE BILL No. 1558
_____
DIGEST OF HB 1558 (Updated March 19, 2025 10:04 am - DI 140)
Citations Affected: IC 22-1; IC 22-2.
Synopsis: Employment of minor league baseball players. Provides that
a person who has entered into a contract to play baseball at the minor
league level and is compensated under the terms of a collective
bargaining agreement is excluded from the definition of "employee" for
purposes of the minimum wage law. Provides that a record of daily and
weekly hours and wages is not required for any person who has entered
into a contract to play baseball at the minor league level and is
compensated under the terms of a collective bargaining agreement.
Effective: July 1, 2025.
VanNatter, Barrett, Criswell, Gore
(SENATE SPONSOR — ROGERS)
January 21, 2025, read first time and referred to Committee on Employment, Labor and
Pensions.
January 30, 2025, reported — Do Pass.
February 3, 2025, read second time, ordered engrossed.
February 4, 2025, engrossed. Read third time, passed. Yeas 90, nays 0.
SENATE ACTION
February 19, 2025, read first time and referred to Committee on Pensions and Labor.
March 20, 2025, reported favorably — Do Pass.
EH 1558—LS 7610/DI 141 March 21, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1558
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 22-1-1-15 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Every employer,
3 employee, owner or other person shall furnish to the commissioner of
4 labor any information which the commissioner of labor is authorized
5 to require, and shall make true and specific answers to all questions,
6 whether submitted orally or in writing, which are authorized to be put
7 to him.
8 (b) Every employer shall keep a true and accurate record of the
9 name, address or occupation of each person employed by him, and of
10 the daily and weekly hours worked by each such person and of the
11 wages paid each pay period to each such person. Provided however,
12 That the record of the daily and weekly hours worked or of the wages
13 paid shall not be required for any person who:
14 (1) is employed in a bona fide executive, agricultural, domestic,
15 administrative or professional capacity; or
16 (2) is employed in the capacity of an outside salesman; or
17 (3) has entered into a contract to play baseball at the minor
EH 1558—LS 7610/DI 141 2
1 league level and is compensated under the terms of a
2 collective bargaining agreement that expressly provides for
3 wages and working conditions.
4 No employer shall make or cause to be made any false entries in any
5 such record.
6 SECTION 2. IC 22-2-2-3, AS AMENDED BY P.L.11-2023,
7 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 3. As used in this chapter:
9 "Commissioner" means the commissioner of labor or the
10 commissioner's authorized representative.
11 "Department" means the department of labor.
12 "Occupation" means an industry, trade, business, or class of work
13 in which employees are gainfully employed.
14 "Employer" means any individual, partnership, association, limited
15 liability company, corporation, business trust, the state, or other
16 governmental agency or political subdivision during any work week in
17 which they have two (2) or more employees. However, it shall not
18 include any employer who is subject to the minimum wage provisions
19 of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
20 201-219).
21 "Employee" means any person employed or permitted to work or
22 perform any service for remuneration or under any contract of hire,
23 written or oral, express or implied by an employer in any occupation,
24 but shall not include any of the following:
25 (a) Persons less than sixteen (16) years of age.
26 (b) Persons engaged in an independently established trade,
27 occupation, profession, or business who, in performing the
28 services in question, are free from control or direction both under
29 a contract of service and in fact.
30 (c) Persons performing services not in the course of the
31 employing unit's trade or business.
32 (d) Persons employed on a commission basis.
33 (e) Persons employed by their own parent, spouse, or child.
34 (f) Members of any religious order performing any service for that
35 order, any ordained, commissioned, or licensed minister, priest,
36 rabbi, sexton, or Christian Science reader, and volunteers
37 performing services for any religious or charitable organization.
38 (g) Persons performing services as student nurses in the employ
39 of a hospital or nurses training school while enrolled and
40 regularly attending classes in a nurses training school chartered
41 or approved under law, or students performing services in the
42 employ of persons licensed as both funeral directors and
EH 1558—LS 7610/DI 141 3
1 embalmers as a part of their requirements for apprenticeship to
2 secure an embalmer's license or a funeral director's license from
3 the state, or during their attendance at any schools required by law
4 for securing an embalmer's or funeral director's license.
5 (h) Persons who have completed a four (4) year course in a
6 medical school approved by law when employed as interns or
7 resident physicians by any accredited hospital.
8 (i) Students performing services for any school, college, or
9 university in which they are enrolled and are regularly attending
10 classes.
11 (j) Persons with physical or mental disabilities performing
12 services for nonprofit organizations organized primarily for the
13 purpose of providing employment for persons with disabilities or
14 for assisting in their therapy and rehabilitation.
15 (k) Persons employed as insurance producers, insurance
16 solicitors, and outside salesmen, if all their services are performed
17 for remuneration solely by commission.
18 (l) Persons performing services for any camping, recreational, or
19 guidance facilities operated by a charitable, religious, or
20 educational nonprofit organization.
21 (m) Persons engaged in agricultural labor. The term shall include
22 only services performed:
23 (1) on a farm, in connection with cultivating the soil, or in
24 connection with raising or harvesting any agricultural or
25 horticultural commodity, including the raising, shearing,
26 feeding, caring for, training, and management of livestock,
27 bees, poultry, and furbearing animals and wildlife;
28 (2) in the employ of the owner or tenant or other operator of a
29 farm, in connection with the operation, management,
30 conservation, improvement, or maintenance of the farm and its
31 tools and equipment if the major part of the service is
32 performed on a farm;
33 (3) in connection with:
34 (A) the production or harvesting of maple sugar or maple
35 syrup or any commodity defined as an agricultural
36 commodity in the Agricultural Marketing Act, as amended
37 (12 U.S.C. 1141j);
38 (B) the raising or harvesting of mushrooms;
39 (C) the hatching of poultry; or
40 (D) the operation or maintenance of ditches, canals,
41 reservoirs, or waterways used exclusively for supplying and
42 storing water for farming purposes; and
EH 1558—LS 7610/DI 141 4
1 (4) in handling, planting, drying, packing, packaging,
2 processing, freezing, grading, storing, or delivering to storage,
3 to market, or to a carrier for transportation to market, any
4 agricultural or horticultural commodity, but only if service is
5 performed as an incident to ordinary farming operation or, in
6 the case of fruits and vegetables, as an incident to the
7 preparation of fruits and vegetables for market. However, this
8 exception shall not apply to services performed in connection
9 with any agricultural or horticultural commodity after its
10 delivery to a terminal market or processor for preparation or
11 distribution for consumption.
12 As used in this subdivision, "farm" includes stock, dairy, poultry,
13 fruit, furbearing animals, and truck farms, nurseries, orchards, or
14 greenhouses or other similar structures used primarily for the
15 raising of agricultural or horticultural commodities.
16 (n) Those persons employed in executive, administrative, or
17 professional occupations who have the authority to employ or
18 discharge and who earn one hundred fifty dollars ($150) or more
19 a week, and outside salesmen.
20 (o) Any person not employed for more than four (4) weeks in any
21 four (4) consecutive three (3) month periods.
22 (p) Any employee with respect to whom the Interstate Commerce
23 Commission has power to establish qualifications and maximum
24 hours of service under the federal Motor Carrier Act of 1935 (49
25 U.S.C. 304(3)) or any employee of a carrier subject to IC 8-2.1.
26 (q) A person engaged in services as a direct seller. The term shall
27 include only services performed:
28 (1) by a person that is in the trade or business of:
29 (A) selling, or soliciting the sale of, consumer products or
30 services to any buyer on a buy-sell basis,
31 deposit-commission basis, or similar basis, in any place
32 other than in a permanent retail establishment; or
33 (B) selling, or soliciting the sale of, consumer products or
34 services in any place other than in a permanent retail
35 establishment;
36 (2) when substantially all the remuneration, whether or not
37 paid in cash, for the performance of the services is directly
38 related to sales or other output, including the performance of
39 services, rather than the number of hours worked; and
40 (3) when the services performed by the person are performed
41 pursuant to a written contract and the contract provides that
42 the person who performs the services will not be treated as an
EH 1558—LS 7610/DI 141 5
1 employee for tax purposes under the contract.
2 (r) A person who:
3 (1) has entered into a contract to play baseball at the minor
4 league level; and
5 (2) is compensated under the terms of a collective
6 bargaining agreement that expressly provides for wages
7 and working conditions.
EH 1558—LS 7610/DI 141 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1558, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1558 as introduced.)
VANNATTER
Committee Vote: Yeas 12, Nays 0
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COMMITTEE REPORT
Mr. President: The Senate Committee on Pensions and Labor, to
which was referred House Bill No. 1558, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to HB 1558 as printed January 30, 2025.)
ROGERS, Chairperson
Committee Vote: Yeas 11, Nays 0
EH 1558—LS 7610/DI 141