Indiana 2025 Regular Session

Indiana House Bill HB1558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1558.1
	2	+	March 21, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1558
	5	+	_____
	6	+	DIGEST OF HB 1558 (Updated March 19, 2025 10:04 am - DI 140)
	7	+	Citations Affected: IC 22-1; IC 22-2.
	8	+	Synopsis: Employment of minor league baseball players. Provides that
	9	+	a person who has entered into a contract to play baseball at the minor
	10	+	league level and is compensated under the terms of a collective
	11	+	bargaining agreement is excluded from the definition of "employee" for
	12	+	purposes of the minimum wage law. Provides that a record of daily and
	13	+	weekly hours and wages is not required for any person who has entered
	14	+	into a contract to play baseball at the minor league level and is
	15	+	compensated under the terms of a collective bargaining agreement.
	16	+	Effective: July 1, 2025.
	17	+	VanNatter, Barrett, Criswell, Gore
	18	+	(SENATE SPONSOR — ROGERS)
	19	+	January 21, 2025, read first time and referred to Committee on Employment, Labor and
	20	+	Pensions.
	21	+	January 30, 2025, reported — Do Pass.
	22	+	February 3, 2025, read second time, ordered engrossed.
	23	+	February 4, 2025, engrossed. Read third time, passed. Yeas 90, nays 0.
	24	+	SENATE ACTION
	25	+	February 19, 2025, read first time and referred to Committee on Pensions and Labor.
	26	+	March 20, 2025, reported favorably — Do Pass.
	27	+	EH 1558—LS 7610/DI 141 March 21, 2025
1	28		First Regular Session of the 124th General Assembly (2025)
2	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	31		additions will appear in this style type, and deletions will appear in this style type.
5	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	33		provision adopted), the text of the new provision will appear in this style type. Also, the
7	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	35		a new provision to the Indiana Code or the Indiana Constitution.
9	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	37		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1558
12		-	AN ACT to amend the Indiana Code concerning labor and safety.
	38	+	ENGROSSED
	39	+	HOUSE BILL No. 1558
	40	+	A BILL FOR AN ACT to amend the Indiana Code concerning labor
	41	+	and safety.
13	42		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 22-1-1-15 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Every employer,
16		-	employee, owner or other person shall furnish to the commissioner of
17		-	labor any information which the commissioner of labor is authorized
18		-	to require, and shall make true and specific answers to all questions,
19		-	whether submitted orally or in writing, which are authorized to be put
20		-	to him.
21		-	(b) Every employer shall keep a true and accurate record of the
22		-	name, address or occupation of each person employed by him, and of
23		-	the daily and weekly hours worked by each such person and of the
24		-	wages paid each pay period to each such person. Provided however,
25		-	That the record of the daily and weekly hours worked or of the wages
26		-	paid shall not be required for any person who:
27		-	(1) is employed in a bona fide executive, agricultural, domestic,
28		-	administrative or professional capacity; or
29		-	(2) is employed in the capacity of an outside salesman; or
30		-	(3) has entered into a contract to play baseball at the minor
31		-	league level and is compensated under the terms of a
32		-	collective bargaining agreement that expressly provides for
33		-	wages and working conditions.
34		-	No employer shall make or cause to be made any false entries in any
35		-	such record.
36		-	HEA 1558 2
37		-	SECTION 2. IC 22-2-2-3, AS AMENDED BY P.L.11-2023,
38		-	SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39		-	JULY 1, 2025]: Sec. 3. As used in this chapter:
40		-	"Commissioner" means the commissioner of labor or the
41		-	commissioner's authorized representative.
42		-	"Department" means the department of labor.
43		-	"Occupation" means an industry, trade, business, or class of work
44		-	in which employees are gainfully employed.
45		-	"Employer" means any individual, partnership, association, limited
46		-	liability company, corporation, business trust, the state, or other
47		-	governmental agency or political subdivision during any work week in
48		-	which they have two (2) or more employees. However, it shall not
49		-	include any employer who is subject to the minimum wage provisions
50		-	of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
51		-	201-219).
52		-	"Employee" means any person employed or permitted to work or
53		-	perform any service for remuneration or under any contract of hire,
54		-	written or oral, express or implied by an employer in any occupation,
55		-	but shall not include any of the following:
56		-	(a) Persons less than sixteen (16) years of age.
57		-	(b) Persons engaged in an independently established trade,
58		-	occupation, profession, or business who, in performing the
59		-	services in question, are free from control or direction both under
60		-	a contract of service and in fact.
61		-	(c) Persons performing services not in the course of the
62		-	employing unit's trade or business.
63		-	(d) Persons employed on a commission basis.
64		-	(e) Persons employed by their own parent, spouse, or child.
65		-	(f) Members of any religious order performing any service for that
66		-	order, any ordained, commissioned, or licensed minister, priest,
67		-	rabbi, sexton, or Christian Science reader, and volunteers
68		-	performing services for any religious or charitable organization.
69		-	(g) Persons performing services as student nurses in the employ
70		-	of a hospital or nurses training school while enrolled and
71		-	regularly attending classes in a nurses training school chartered
72		-	or approved under law, or students performing services in the
73		-	employ of persons licensed as both funeral directors and
74		-	embalmers as a part of their requirements for apprenticeship to
75		-	secure an embalmer's license or a funeral director's license from
76		-	the state, or during their attendance at any schools required by law
77		-	for securing an embalmer's or funeral director's license.
78		-	(h) Persons who have completed a four (4) year course in a
79		-	HEA 1558 3
80		-	medical school approved by law when employed as interns or
81		-	resident physicians by any accredited hospital.
82		-	(i) Students performing services for any school, college, or
83		-	university in which they are enrolled and are regularly attending
84		-	classes.
85		-	(j) Persons with physical or mental disabilities performing
86		-	services for nonprofit organizations organized primarily for the
87		-	purpose of providing employment for persons with disabilities or
88		-	for assisting in their therapy and rehabilitation.
89		-	(k) Persons employed as insurance producers, insurance
90		-	solicitors, and outside salesmen, if all their services are performed
91		-	for remuneration solely by commission.
92		-	(l) Persons performing services for any camping, recreational, or
93		-	guidance facilities operated by a charitable, religious, or
94		-	educational nonprofit organization.
95		-	(m) Persons engaged in agricultural labor. The term shall include
96		-	only services performed:
97		-	(1) on a farm, in connection with cultivating the soil, or in
98		-	connection with raising or harvesting any agricultural or
99		-	horticultural commodity, including the raising, shearing,
100		-	feeding, caring for, training, and management of livestock,
101		-	bees, poultry, and furbearing animals and wildlife;
102		-	(2) in the employ of the owner or tenant or other operator of a
103		-	farm, in connection with the operation, management,
104		-	conservation, improvement, or maintenance of the farm and its
105		-	tools and equipment if the major part of the service is
106		-	performed on a farm;
107		-	(3) in connection with:
108		-	(A) the production or harvesting of maple sugar or maple
109		-	syrup or any commodity defined as an agricultural
110		-	commodity in the Agricultural Marketing Act, as amended
111		-	(12 U.S.C. 1141j);
112		-	(B) the raising or harvesting of mushrooms;
113		-	(C) the hatching of poultry; or
114		-	(D) the operation or maintenance of ditches, canals,
115		-	reservoirs, or waterways used exclusively for supplying and
116		-	storing water for farming purposes; and
117		-	(4) in handling, planting, drying, packing, packaging,
118		-	processing, freezing, grading, storing, or delivering to storage,
119		-	to market, or to a carrier for transportation to market, any
120		-	agricultural or horticultural commodity, but only if service is
121		-	performed as an incident to ordinary farming operation or, in
122		-	HEA 1558 4
123		-	the case of fruits and vegetables, as an incident to the
124		-	preparation of fruits and vegetables for market. However, this
125		-	exception shall not apply to services performed in connection
126		-	with any agricultural or horticultural commodity after its
127		-	delivery to a terminal market or processor for preparation or
128		-	distribution for consumption.
129		-	As used in this subdivision, "farm" includes stock, dairy, poultry,
130		-	fruit, furbearing animals, and truck farms, nurseries, orchards, or
131		-	greenhouses or other similar structures used primarily for the
132		-	raising of agricultural or horticultural commodities.
133		-	(n) Those persons employed in executive, administrative, or
134		-	professional occupations who have the authority to employ or
135		-	discharge and who earn one hundred fifty dollars ($150) or more
136		-	a week, and outside salesmen.
137		-	(o) Any person not employed for more than four (4) weeks in any
138		-	four (4) consecutive three (3) month periods.
139		-	(p) Any employee with respect to whom the Interstate Commerce
140		-	Commission has power to establish qualifications and maximum
141		-	hours of service under the federal Motor Carrier Act of 1935 (49
142		-	U.S.C. 304(3)) or any employee of a carrier subject to IC 8-2.1.
143		-	(q) A person engaged in services as a direct seller. The term shall
144		-	include only services performed:
145		-	(1) by a person that is in the trade or business of:
146		-	(A) selling, or soliciting the sale of, consumer products or
147		-	services to any buyer on a buy-sell basis,
148		-	deposit-commission basis, or similar basis, in any place
149		-	other than in a permanent retail establishment; or
150		-	(B) selling, or soliciting the sale of, consumer products or
151		-	services in any place other than in a permanent retail
152		-	establishment;
153		-	(2) when substantially all the remuneration, whether or not
154		-	paid in cash, for the performance of the services is directly
155		-	related to sales or other output, including the performance of
156		-	services, rather than the number of hours worked; and
157		-	(3) when the services performed by the person are performed
158		-	pursuant to a written contract and the contract provides that
159		-	the person who performs the services will not be treated as an
160		-	employee for tax purposes under the contract.
161		-	(r) A person who:
162		-	(1) has entered into a contract to play baseball at the minor
163		-	league level; and
164		-	(2) is compensated under the terms of a collective
165		-	HEA 1558 5
166		-	bargaining agreement that expressly provides for wages
167		-	and working conditions.
168		-	HEA 1558 Speaker of the House of Representatives
169		-	President of the Senate
170		-	President Pro Tempore
171		-	Governor of the State of Indiana
172		-	Date: Time:
173		-	HEA 1558
	43	+	1 SECTION 1. IC 22-1-1-15 IS AMENDED TO READ AS
	44	+	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) Every employer,
	45	+	3 employee, owner or other person shall furnish to the commissioner of
	46	+	4 labor any information which the commissioner of labor is authorized
	47	+	5 to require, and shall make true and specific answers to all questions,
	48	+	6 whether submitted orally or in writing, which are authorized to be put
	49	+	7 to him.
	50	+	8 (b) Every employer shall keep a true and accurate record of the
	51	+	9 name, address or occupation of each person employed by him, and of
	52	+	10 the daily and weekly hours worked by each such person and of the
	53	+	11 wages paid each pay period to each such person. Provided however,
	54	+	12 That the record of the daily and weekly hours worked or of the wages
	55	+	13 paid shall not be required for any person who:
	56	+	14 (1) is employed in a bona fide executive, agricultural, domestic,
	57	+	15 administrative or professional capacity; or
	58	+	16 (2) is employed in the capacity of an outside salesman; or
	59	+	17 (3) has entered into a contract to play baseball at the minor
	60	+	EH 1558—LS 7610/DI 141 2
	61	+	1 league level and is compensated under the terms of a
	62	+	2 collective bargaining agreement that expressly provides for
	63	+	3 wages and working conditions.
	64	+	4 No employer shall make or cause to be made any false entries in any
	65	+	5 such record.
	66	+	6 SECTION 2. IC 22-2-2-3, AS AMENDED BY P.L.11-2023,
	67	+	7 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	68	+	8 JULY 1, 2025]: Sec. 3. As used in this chapter:
	69	+	9 "Commissioner" means the commissioner of labor or the
	70	+	10 commissioner's authorized representative.
	71	+	11 "Department" means the department of labor.
	72	+	12 "Occupation" means an industry, trade, business, or class of work
	73	+	13 in which employees are gainfully employed.
	74	+	14 "Employer" means any individual, partnership, association, limited
	75	+	15 liability company, corporation, business trust, the state, or other
	76	+	16 governmental agency or political subdivision during any work week in
	77	+	17 which they have two (2) or more employees. However, it shall not
	78	+	18 include any employer who is subject to the minimum wage provisions
	79	+	19 of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
	80	+	20 201-219).
	81	+	21 "Employee" means any person employed or permitted to work or
	82	+	22 perform any service for remuneration or under any contract of hire,
	83	+	23 written or oral, express or implied by an employer in any occupation,
	84	+	24 but shall not include any of the following:
	85	+	25 (a) Persons less than sixteen (16) years of age.
	86	+	26 (b) Persons engaged in an independently established trade,
	87	+	27 occupation, profession, or business who, in performing the
	88	+	28 services in question, are free from control or direction both under
	89	+	29 a contract of service and in fact.
	90	+	30 (c) Persons performing services not in the course of the
	91	+	31 employing unit's trade or business.
	92	+	32 (d) Persons employed on a commission basis.
	93	+	33 (e) Persons employed by their own parent, spouse, or child.
	94	+	34 (f) Members of any religious order performing any service for that
	95	+	35 order, any ordained, commissioned, or licensed minister, priest,
	96	+	36 rabbi, sexton, or Christian Science reader, and volunteers
	97	+	37 performing services for any religious or charitable organization.
	98	+	38 (g) Persons performing services as student nurses in the employ
	99	+	39 of a hospital or nurses training school while enrolled and
	100	+	40 regularly attending classes in a nurses training school chartered
	101	+	41 or approved under law, or students performing services in the
	102	+	42 employ of persons licensed as both funeral directors and
	103	+	EH 1558—LS 7610/DI 141 3
	104	+	1 embalmers as a part of their requirements for apprenticeship to
	105	+	2 secure an embalmer's license or a funeral director's license from
	106	+	3 the state, or during their attendance at any schools required by law
	107	+	4 for securing an embalmer's or funeral director's license.
	108	+	5 (h) Persons who have completed a four (4) year course in a
	109	+	6 medical school approved by law when employed as interns or
	110	+	7 resident physicians by any accredited hospital.
	111	+	8 (i) Students performing services for any school, college, or
	112	+	9 university in which they are enrolled and are regularly attending
	113	+	10 classes.
	114	+	11 (j) Persons with physical or mental disabilities performing
	115	+	12 services for nonprofit organizations organized primarily for the
	116	+	13 purpose of providing employment for persons with disabilities or
	117	+	14 for assisting in their therapy and rehabilitation.
	118	+	15 (k) Persons employed as insurance producers, insurance
	119	+	16 solicitors, and outside salesmen, if all their services are performed
	120	+	17 for remuneration solely by commission.
	121	+	18 (l) Persons performing services for any camping, recreational, or
	122	+	19 guidance facilities operated by a charitable, religious, or
	123	+	20 educational nonprofit organization.
	124	+	21 (m) Persons engaged in agricultural labor. The term shall include
	125	+	22 only services performed:
	126	+	23 (1) on a farm, in connection with cultivating the soil, or in
	127	+	24 connection with raising or harvesting any agricultural or
	128	+	25 horticultural commodity, including the raising, shearing,
	129	+	26 feeding, caring for, training, and management of livestock,
	130	+	27 bees, poultry, and furbearing animals and wildlife;
	131	+	28 (2) in the employ of the owner or tenant or other operator of a
	132	+	29 farm, in connection with the operation, management,
	133	+	30 conservation, improvement, or maintenance of the farm and its
	134	+	31 tools and equipment if the major part of the service is
	135	+	32 performed on a farm;
	136	+	33 (3) in connection with:
	137	+	34 (A) the production or harvesting of maple sugar or maple
	138	+	35 syrup or any commodity defined as an agricultural
	139	+	36 commodity in the Agricultural Marketing Act, as amended
	140	+	37 (12 U.S.C. 1141j);
	141	+	38 (B) the raising or harvesting of mushrooms;
	142	+	39 (C) the hatching of poultry; or
	143	+	40 (D) the operation or maintenance of ditches, canals,
	144	+	41 reservoirs, or waterways used exclusively for supplying and
	145	+	42 storing water for farming purposes; and
	146	+	EH 1558—LS 7610/DI 141 4
	147	+	1 (4) in handling, planting, drying, packing, packaging,
	148	+	2 processing, freezing, grading, storing, or delivering to storage,
	149	+	3 to market, or to a carrier for transportation to market, any
	150	+	4 agricultural or horticultural commodity, but only if service is
	151	+	5 performed as an incident to ordinary farming operation or, in
	152	+	6 the case of fruits and vegetables, as an incident to the
	153	+	7 preparation of fruits and vegetables for market. However, this
	154	+	8 exception shall not apply to services performed in connection
	155	+	9 with any agricultural or horticultural commodity after its
	156	+	10 delivery to a terminal market or processor for preparation or
	157	+	11 distribution for consumption.
	158	+	12 As used in this subdivision, "farm" includes stock, dairy, poultry,
	159	+	13 fruit, furbearing animals, and truck farms, nurseries, orchards, or
	160	+	14 greenhouses or other similar structures used primarily for the
	161	+	15 raising of agricultural or horticultural commodities.
	162	+	16 (n) Those persons employed in executive, administrative, or
	163	+	17 professional occupations who have the authority to employ or
	164	+	18 discharge and who earn one hundred fifty dollars ($150) or more
	165	+	19 a week, and outside salesmen.
	166	+	20 (o) Any person not employed for more than four (4) weeks in any
	167	+	21 four (4) consecutive three (3) month periods.
	168	+	22 (p) Any employee with respect to whom the Interstate Commerce
	169	+	23 Commission has power to establish qualifications and maximum
	170	+	24 hours of service under the federal Motor Carrier Act of 1935 (49
	171	+	25 U.S.C. 304(3)) or any employee of a carrier subject to IC 8-2.1.
	172	+	26 (q) A person engaged in services as a direct seller. The term shall
	173	+	27 include only services performed:
	174	+	28 (1) by a person that is in the trade or business of:
	175	+	29 (A) selling, or soliciting the sale of, consumer products or
	176	+	30 services to any buyer on a buy-sell basis,
	177	+	31 deposit-commission basis, or similar basis, in any place
	178	+	32 other than in a permanent retail establishment; or
	179	+	33 (B) selling, or soliciting the sale of, consumer products or
	180	+	34 services in any place other than in a permanent retail
	181	+	35 establishment;
	182	+	36 (2) when substantially all the remuneration, whether or not
	183	+	37 paid in cash, for the performance of the services is directly
	184	+	38 related to sales or other output, including the performance of
	185	+	39 services, rather than the number of hours worked; and
	186	+	40 (3) when the services performed by the person are performed
	187	+	41 pursuant to a written contract and the contract provides that
	188	+	42 the person who performs the services will not be treated as an
	189	+	EH 1558—LS 7610/DI 141 5
	190	+	1 employee for tax purposes under the contract.
	191	+	2 (r) A person who:
	192	+	3 (1) has entered into a contract to play baseball at the minor
	193	+	4 league level; and
	194	+	5 (2) is compensated under the terms of a collective
	195	+	6 bargaining agreement that expressly provides for wages
	196	+	7 and working conditions.
	197	+	EH 1558—LS 7610/DI 141 6
	198	+	COMMITTEE REPORT
	199	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	200	+	to which was referred House Bill 1558, has had the same under
	201	+	consideration and begs leave to report the same back to the House with
	202	+	the recommendation that said bill do pass.
	203	+	(Reference is to HB 1558 as introduced.)
	204	+	VANNATTER
	205	+	Committee Vote: Yeas 12, Nays 0
	206	+	_____
	207	+	COMMITTEE REPORT
	208	+	Mr. President: The Senate Committee on Pensions and Labor, to
	209	+	which was referred House Bill No. 1558, has had the same under
	210	+	consideration and begs leave to report the same back to the Senate with
	211	+	the recommendation that said bill DO PASS.
	212	+	(Reference is to HB 1558 as printed January 30, 2025.)
	213	+
	214	+	ROGERS, Chairperson
	215	+	Committee Vote: Yeas 11, Nays 0
	216	+	EH 1558—LS 7610/DI 141