CHAPTER 3. LIMITATIONS ON THE EMPLOYMENT OF STUDENTS
IC 20-33-3
Chapter 3. Limitations on the Employment of Students
IC 20-33-3-1
Chapter not applicable to parents who employ own child
Sec. 1. This chapter does not apply to a parent who employs theparent's own child or a person standing in place of a parent whoemploys a child in the person's custody, except for:
(1) underage employment (section 31(a) of this chapter);
(2) employment during school hours (section 31(b) of thischapter); and
(3) employment in hazardous occupations designated by federallaw (section 35 of this chapter).
As added by P.L.1-2005, SEC.17.
IC 20-33-3-2
"Nonschool week"
Sec. 2. As used in this chapter, "nonschool week" refers to a weekthat contains two (2) or fewer school days.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-3
"School day"
Sec. 3. As used in this chapter, "school day" refers to a day thatcontains more than four (4) hours of classroom instruction.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-4
"School week"
Sec. 4. As used in this chapter, "school week" refers to a weekthat contains at least three (3) school days.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-5
Employment certificate required
Sec. 5. It is unlawful for a person, firm, limited liability company,or corporation to hire, employ, or permit a child who is:
(1) at least fourteen (14) years of age; and
(2) less than eighteen (18) years of age;
to work in a gainful occupation until the person, firm, limitedliability company, or corporation has secured and placed on file in itsoffice an employment certificate issued by the proper issuing officerunder this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-6
Exceptions to requirement of employment certificate
Sec. 6. (a) An employment certificate is not required for a childwho is at least fourteen (14) years of age but less than eighteen (18)years of age to: (1) perform:
(A) farm labor; or
(B) domestic service; or
(2) act as a:
(A) caddie for a person playing golf; or
(B) newspaper carrier.
However, this exemption applies only when a child is engaged in anoccupation listed in this section during the hours when the child isnot required to be in school.
(b) An employment certificate is not required for a child less thaneighteen (18) years of age who:
(1) works as an actor or performer if the provisions of section32 of this chapter are met; or
(2) has graduated from high school.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-7
Employment certificate; obtaining
Sec. 7. (a) This chapter applies to a child less than eighteen (18)years of age who is employed or is seeking employment in Indiana.
(b) A child less than eighteen (18) years of age who is a residentof Indiana and who requires an employment certificate shall obtainthe employment certificate from the issuing officer of the:
(1) accredited school (as described in IC 20-19-2-8(a)(5)) thatthe child attends; or
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not aresident of Indiana and who requires an employment certificate towork in Indiana shall obtain the certificate from the issuing officerof the school corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend theapplication of this chapter in cases involving juvenile delinquents orincorrigibles whenever, in the opinion of the judge, the welfare of achild warrants this action.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-8
Issuing officer
Sec. 8. (a) The issuing officer in each accredited school (asdescribed in IC 20-19-2-8(a)(5)) shall be an individual who is:
(1) a guidance counselor;
(2) a school social worker; or
(3) an attendance officer for the school corporation and ateacher licensed by the division of professional standards of thedepartment under IC 20-28-4 or IC 20-28-5;
and designated in writing by the principal.
(b) During the times in which the individual described insubsection (a) is not employed by the school or when school is not
in session, there shall be an issuing officer available:
(1) who is a teacher licensed by the division of professionalstandards of the department under IC 20-28-4 or IC 20-28-5;and
(2) whose identity and hours of work shall be determined by theprincipal.
As added by P.L.1-2005, SEC.17. Amended by P.L.1-2007, SEC.147.
IC 20-33-3-9
Optional employment certificate; issuance mandatory
Sec. 9. When an employer wants to employ an individual whorepresents the individual's age to be at least eighteen (18) years ofage but less than twenty-one (21) years of age, the employer mayrequest the issuing officer to issue an employment certificate for theprospective employee. It is the duty of the issuing officer to issue acertificate when an employer makes a request under this section.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-10
Documents required before issuance of certificate
Sec. 10. (a) An issuing officer may issue an employmentcertificate only to a child whose employment is necessary and onlyafter receipt of the following two (2) documents:
(1) Proof of age as set forth under section 11 of this chapter.
(2) Proof of prospective employment as set forth under section12 of this chapter.
(b) A child seeking an employment certificate from a school thechild does not attend must also present to the issuing officer a writtenstatement that:
(1) is from the school the child does attend; and
(2) attests to the child's acceptable academic performance andattendance.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-11
Proof of age
Sec. 11. (a) As proof of age, the issuing officer shall require one(1) of the following documents:
(1) A birth certificate or duly attested transcript of a birthcertificate issued by the registrar of vital statistics or any otherofficer charged with the duty of recording births. The registrarmay not charge a fee for a certificate or transcript as providedby IC 16-37-1-9(c)(2). School records of age that have beenverified by a birth certificate may be substituted by the issuingofficer for a birth certificate.
(2) A baptismal certificate or a certified transcript of the recordof baptism showing the child's date of birth and place ofbaptism.
(3) Other documentation, including:
(A) a bona fide contemporary record of the child's birth,
comprising a part of the family record of births in the Bible;
(B) other documentary evidence satisfactory to thedepartment of labor, including a certificate of arrival in theUnited States issued by United States immigration officersand showing the child's age; or
(C) a life insurance policy.
Documentary evidence under this subdivision must have beenin existence for at least one (1) year.
(4) A sworn statement by a public health physician, a publicschool physician, or the superintendent stating, in the opinionof the signatory, the child's physical age. This statement shallshow the child's height and weight and other facts upon whichthe signatory's opinion is based. The physician's orsuperintendent's statement shall be accompanied by a statementof the child's age signed by the child's parent and by availableschool records.
(b) The documents that may constitute proof of age under thissection are listed in preferential order. The issuing officer shallrequire the document of age under subsection (a)(1) in preference toa document under subsection (a)(2), (a)(3), or (a)(4). To avoid delay,the documents under subsection (a)(2), (a)(3), or (a)(4) may beaccepted if the issuing officer files a written statement thatverification of date of birth has been requested from the appropriategovernmental agency but has not been received.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-12
Proof of prospective employment
Sec. 12. (a) As proof of prospective employment, the issuingofficer shall require a written statement that:
(1) is signed by the person for whom the child is to work;
(2) sets forth the nature of work that the child is to perform; and
(3) specifies the maximum number of hours per week that thechild will work for the employer.
(b) When a child's employment terminates, the employer shallimmediately notify the issuing officer in writing of the:
(1) termination; and
(2) date on which it occurred.
This notice shall be on a blank form attached to the child'semployment certificate.
(c) An employment certificate may be used at not more than two(2) locations within the same enterprise if the enterprise complieswith the hour restrictions prescribed in sections 22 through 28 of thischapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.1.
IC 20-33-3-13
Employment certificate; denial; distribution of copies; appeal
Sec. 13. (a) Upon presentation to the issuing officer of thedocuments required by section 10 of this chapter, an employment
certificate shall be issued immediately to the child. The employmentcertificate shall state the maximum number of hours that the childmay be employed by the employer. However, an issuing officer maydeny a certificate to a child:
(1) whose attendance is not in good standing; or
(2) whose academic performance does not meet the schoolcorporation's standard.
(b) Not more than five (5) days after issuing an employmentcertificate, the issuing officer shall send a copy of the employmentcertificate to the department of labor. The issuing officer shall keepa record in the issuing officer's office of each employment certificateissued. The issuing officer shall keep for each student who has beenissued more than one (1) employment certificate a record of themaximum number of hours that the student may work each week forall employers.
(c) A student may appeal the denial of a certificate undersubsection (a) to the principal.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.2.
IC 20-33-3-13.5
Multiple employment certificates; penalties
Sec. 13.5. (a) A child may hold more than one (1) employmentcertificate at a time. However, a child who holds more than one (1)employment certificate at a time is subject to the penalties set forthin section 38.5 of this chapter for any of the following:
(1) Hour violations under sections 22 through 28 of this chapter.
(2) A violation of section 23(3) or 24(3) of this chapter.
(b) An employer of a child who holds more than one (1)employment certificate under subsection (a) is subject to thepenalties set forth in sections 39 and 40 of this chapter for:
(1) hour violations under sections 22 through 28 of this chapter;or
(2) a violation of section 23(3) or 24(3) of this chapter;
for the employment of the child with the employer only.
As added by P.L.182-2006, SEC.3.
IC 20-33-3-14
Employment certificate; revocation
Sec. 14. (a) The:
(1) state board; or
(2) department of labor;
may revoke an employment certificate at any time, if, in thejudgment of the state board or the department of labor, the certificatewas improperly issued or if the state board or department of labor hasknowledge that the child is or was illegally employed.
(b) To determine when a child is illegally employed, the stateboard and the department of labor and agents of the state board ordepartment of labor may:
(1) investigate the age of a child who is employed;
(2) subpoena witnesses; (3) hear evidence; and
(4) require the production of relevant books or documents.
(c) If the state board or department of labor revokes anemployment certificate under this section, the issuing officer and thechild's employer shall be notified in writing. This notice may bedelivered in person or by registered mail. Immediately after receivingnotice of revocation, the employer shall return the certificate to theissuing officer.
(d) A child whose employment certificate has been revoked maynot be employed or allowed to work until the child legally hasobtained a new employment certificate.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-15
Employment certificate; contents
Sec. 15. (a) Each employment certificate issued for a child muststate the:
(1) full name and the date and place of birth of the child;
(2) name and address of the child's parents;
(3) name and address of the employer; and
(4) nature of the work that the child is to perform.
(b) The employment certificate must certify that the child has:
(1) appeared before the issuing officer; and
(2) submitted the proof of age and prospective employment asrequired under this chapter.
(c) The issuing officer may require the presence of the child'sparents before issuing the employment certificate.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-16
Preparation of forms
Sec. 16. (a) All blank forms necessary to carry out this chaptershall be prepared by the department of labor and supplied to issuingofficers.
(b) Funds to pay expenses incurred by the department of labor inprinting and distributing these forms are appropriated annually outof any money in the state general fund that is not otherwiseappropriated.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-17
Investigatory power
Sec. 17. (a) An officer charged with enforcement of this chaptermay investigate the age of a child:
(1) who is employed or allowed to work in an occupation; and
(2) for whom an employment certificate is not on file.
(b) If the officer finds that the age of the child is below the ageauthorized for an employee without an employment certificate, the:
(1) employment; or
(2) fact that the child is allowed to work;is prima facie evidence of unlawful employment.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-18
Mandatory medical examination; limitation; exception
Sec. 18. (a) Except as provided in subsection (c), whenever thedepartment of labor requires, a child who is:
(1) at least fourteen (14) years of age and less than eighteen(18) years of age; and
(2) at work in an occupation for which an employmentcertificate is required under sections 5 and 6 of this chapter;
shall submit to a physical examination. The examination shall beconducted by a medical inspector of the department of labor or by aphysician designated by the department of labor. A female employeeis entitled to have this examination made by a female. An employershall not require or attempt to require a female employee to submitto a physical examination by a male.
(b) The result of an examination conducted under this sectionshall be recorded on a printed form furnished by and kept on file atthe department of labor.
(c) The department of labor may not require a child to undergo amedical examination under this chapter when the child's parentobjects on religious grounds. A religious objection:
(1) consists of a good faith reliance on spiritual means or prayerfor healing; and
(2) is not effective unless the objection is:
(A) made in writing;
(B) signed by the child's parent; and
(C) delivered to the department of labor.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-19
Employment certificate; medical revocation
Sec. 19. (a) If:
(1) a child fails to submit to a medical examination as requiredunder section 18 of this chapter; or
(2) on examination, the medical inspector finds the child to bephysically unfit to be employed in the work in which the childis engaged and files a report to that effect;
the department of labor shall revoke the child's employmentcertificate. A report of physical incapacity shall be kept at the officeof the department of labor.
(b) Written notice of a revocation under this section shall beserved on the issuing officer and the child's employer in person or byregistered mail. Immediately after receiving notice of a revocation,the employer shall deliver the revoked certificate to the departmentof labor. A child whose certificate has been revoked under thissection may obtain a new certificate if the child is found, afterphysical examination, to be physically fit for the new occupation inwhich the child proposes to engage.As added by P.L.1-2005, SEC.17.
IC 20-33-3-20
Revocation of employment certificate; review; reissuance; appeal
Sec. 20. (a) An employment certificate may be revoked by theissuing officer if the issuing officer determines that there has been asignificant decrease in any of the following since the issuance of thepermit:
(1) The student's grade point average.
(2) The student's attendance at school.
(b) A student whose employment certificate is revoked undersubsection (a) is entitled to a periodic review of the student's graderecord or attendance record, or both, to determine whether therevocation should continue. A periodic review may not be conductedless than one (1) time each school year.
(c) If upon review the issuing officer determines that the student'sgrade point average or attendance, or both, have improvedsubstantially, the issuing officer may reissue an employmentcertificate to the student.
(d) A student may appeal the revocation of an employmentcertificate under subsection (a) or the refusal to reissue anemployment certificate under subsection (c) to the school principal.
(e) An issuing officer who revokes an employment certificateshall immediately send written notice of the revocation to thestudent's employer.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-21
Employment of children at least 14 years of age and less than 18years of age
Sec. 21. Sections 22 through 29 of this chapter apply only toemployment for which a child who is at least fourteen (14) years ofage and less than eighteen (18) years of age must obtain anemployment certificate under this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-22
Employment of children at least 14 years of age and less than 16years of age
Sec. 22. The following apply only to a child who is at leastfourteen (14) years of age and less than sixteen (16) years of age:
(1) The child may not work before 7 a.m. or after 7 p.m.However, the child may work until 9 p.m. from June 1 throughLabor Day.
(2) The child 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.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-23
Employment of children at least 16 years of age and less than 17years of age
Sec. 23. Except as provided in section 27 of this chapter, a childwho is at least sixteen (16) years of age and less than seventeen (17)years of age may not:
(1) work for more than eight (8) hours in any one (1) day;
(2) work for more than thirty (30) hours in any one (1) week;
(3) work for more than six (6) days in any one (1) week; or
(4) begin a work day before 6 a.m.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.4.
IC 20-33-3-24
Employment of children at least 17 years of age and less than 18years of age
Sec. 24. Except as provided in section 27 of this chapter, a childwho is at least seventeen (17) years of age and less than eighteen (18)years of age may not:
(1) work for more than eight (8) hours in any one (1) day;
(2) work for more than thirty (30) hours in any one (1) week;
(3) work for more than six (6) days in any one (1) week; or
(4) begin a work day before 6 a.m. on a school day.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.5.
IC 20-33-3-25
Employment of children at least 16 years of age and less than 18years of age; 10 p.m. limit
Sec. 25. A child who is at least sixteen (16) years of age and lessthan eighteen (18) years of age may work until 10 p.m. on nights thatare followed by a school day in any occupation except those that thecommissioner of labor determines to be:
(1) dangerous to life or limb; or
(2) injurious to health or morals.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-26
Employment of children at least 16 years of age and less than 17years of age; midnight limit
Sec. 26. An employer may employ a child who is at least sixteen(16) years of age and less than seventeen (17) years of age to workuntil midnight if:
(1) the work will be performed:
(A) during a nonschool week; or
(B) on days that are not followed by a school day; and
(2) the employer has:
(A) obtained written permission from the child's parent; and
(B) placed the written permission on file in the employer'soffice.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-27
Employment of children at least 16 years of age and less than 18years of age; hour limits
Sec. 27. (a) A child who is at least sixteen (16) years of age andless than eighteen (18) years of age may be employed for up to forty(40) hours during a school week if the employer has:
(1) obtained written permission from the child's parent; and
(2) placed the written permission on file in the employer'soffice.
(b) If the employer or employers have obtained written permissionrequired under subsection (a), a child who is at least sixteen (16)years of age and less than eighteen (18) years of age may beemployed for periods that do not exceed a total of nine (9) hours inany one (1) day and a total of forty-eight (48) hours in any one (1)nonschool week.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.6.
IC 20-33-3-28
Employment of children at least 17 years of age and less than 18years of age; 11:30 p.m. and 1 a.m. limits
Sec. 28. A child who is at least seventeen (17) years of age andless than eighteen (18) years of age may work until 11:30 p.m. onnights that are followed by a school day if the employer has obtainedwritten permission from the child's parent and placed the writtenpermission on file in the employer's office. A child covered by thissection may work until 1 a.m. the following day if the employer hasobtained written permission from the child's parent and placed thewritten permission on file in the employer's office. However, thenights followed by a school day on which a child works until 1 a.m.the following day may not be consecutive and may not exceed two(2) nights per week.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-29
Employment of children at least 16 years of age and less than 18years of age; employed the same as adults
Sec. 29. A child who is at least sixteen (16) years of age and lessthan eighteen (18) years of age may be employed the same daily andweekly hours and at the same times of day as adults if the child is amember of any of the following categories:
(1) The child is a high school graduate.
(2) The child has completed an approved career and technicaleducation program or special education program.
(3) The child is not enrolled in a regular school term.
As added by P.L.1-2005, SEC.17. Amended by P.L.234-2007,SEC.118.
IC 20-33-3-30
Occupations for which children less than 18 years of age may beemployed Sec. 30. (a) This section applies to occupations for which a childless than eighteen (18) years of age may be employed or allowed towork under this chapter but does not apply to children subject to:
(1) section 6 of this chapter; or
(2) section 29(2) or 29(3) of this chapter.
(b) A person, firm, limited liability company, or corporation thatemploys a child less than eighteen (18) years of age shall provide thechild one (1) or two (2) rest breaks totaling at least thirty (30)minutes if the child is scheduled to work at least six (6) consecutivehours. Breaks shall be provided as set forth in IC 5-10-6-2.
As added by P.L.1-2005, SEC.17. Amended by P.L.13-2008, SEC.3.
IC 20-33-3-31
Children less than 14 years of age and less than 18 years of age;employment limitations and prohibitions; exceptions
Sec. 31. (a) A child less than:
(1) fourteen (14) years of age may not be employed or allowedto work in any gainful occupation except as a farm laborer,domestic service worker, caddie for persons playing the gameof golf, or newspaper carrier; and
(2) twelve (12) years of age may not be permitted to work atfarm labor except on a farm operated by the child's parent.
(b) Except as provided in section 32 of this chapter, a person,firm, limited liability company, or corporation may not employ orpermit any child less than eighteen (18) years of age to work in anyoccupation after 7:30 a.m. and before 3:30 p.m. on a school dayunless the child presents to the employer a written exception issuedby the school that the child attends.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-32
Permitted child employment; exception
Sec. 32. This chapter may not prevent a child of any age fromsinging, playing, or performing in a studio, circus, theatrical, ormusical exhibition, concert, or festival, in radio and televisionbroadcasts, or as a live or photographic model. Employmentcertificates are not required for employment or appearances set forthin this section, but a child less than eighteen (18) years of age maynot 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 thechild; or
(B) interfere with the schooling of the child.
Provision shall be made for education equivalent to full-timeschool attendance in the public schools for children less thansixteen (16) years of age.
(2) A parent shall accompany a child 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.As added by P.L.1-2005, SEC.17.
IC 20-33-3-33
Employment of children by the Indiana School for the Deaf or theIndiana School for the Blind and Visually Impaired
Sec. 33. The employment of children by the:
(1) Indiana School for the Deaf; and
(2) Indiana School for the Blind and Visually Impaired;
is subject to the general restrictions imposed on child labor under thischapter.
As added by P.L.1-2005, SEC.17. Amended by P.L.218-2005,SEC.78.
IC 20-33-3-34
Employer required to post notice
Sec. 34. Every person, firm, corporation, or company that employsa child at least fourteen (14) years of age and less than eighteen (18)years of age in an occupation for which the child must obtain anemployment certificate shall post and keep posted a printed notice ina conspicuous place or in places where notices to employees arecustomarily posted. This notice must state:
(1) the maximum number of hours a child may be employed orpermitted to work each day of the week; and
(2) the hours of beginning and ending each day.
The printed forms for this notice shall be furnished by thedepartment of labor.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-35
Hazardous occupations designated by federal law
Sec. 35. The department of labor shall prohibit a child who is lessthan eighteen (18) years of age from working in an occupationdesignated as hazardous by the child labor provisions of the federalFair Labor Standards Act of 1938, as amended (29 U.S.C. 201 etseq.).
As added by P.L.1-2005, SEC.17.
IC 20-33-3-36
Children employed after 10 p.m. and before 6 a.m.
Sec. 36. (a) This section does not provide an exception to the limiton the number of hours a child is permitted to work under sections22 through 30 of this chapter.
(b) It is unlawful for a person, firm, limited liability company, orcorporation to permit a child who is:
(1) less than eighteen (18) years of age; and
(2) employed by the person, firm, limited liability company, orcorporation;
to work after 10 p.m. and before 6 a.m. in an establishment that isopen to the public unless another employee at least eighteen (18)years of age also works in the establishment during the same hours
as the child.
(c) A violation of subsection (b) is a hazardous occupationviolation subject to section 41 of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-37
Hazardous occupations; exception; certain instruction
Sec. 37. This chapter does not prevent a student from working ona properly guarded machine in the training department of a schoolwhen an instructor provides personal supervision.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-38
Enforcement
Sec. 38. (a) The department of labor and its authorized inspectorsand agents:
(1) shall enforce this chapter and ensure that all violators areprosecuted; and
(2) may visit and inspect, at all reasonable hours and when aspracticable and necessary, all establishments affected by thischapter.
(b) It is unlawful for any person to interfere with, obstruct, orhinder any inspector or agent of the department of labor while theinspector or agent performs official duties or to refuse to properlyanswer questions asked by an inspector or agent of the department.
(c) When requested in writing by the department of labor, theattorney general shall assist the prosecuting attorney in theprosecution of persons charged with a violation of this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-38.5
Civil penalties for violations by children
Sec. 38.5. (a) For an hour violation under sections 22 through 28of this chapter or a violation of section 23(3) or 24(3) of this chaptercommitted by a child, the civil penalties are as follows:
(1) A warning letter for a first violation.
(2) Revocation of the employment certificate or certificates heldby the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties setforth in subsection (a).
(c) If the department of labor revokes an employment certificateunder this section, the issuing officer and the child's employer shallbe notified in writing. This notice may be delivered in person or byregistered mail. Immediately after receiving notice of revocation, theemployer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates havebeen revoked may not be employed or allowed to work until the childlegally has obtained a new employment certificate.
As added by P.L.182-2006, SEC.7. Amended by P.L.1-2007,SEC.148.
IC 20-33-3-39
Civil penalties
Sec. 39. An individual who is an employer, a firm, a limitedliability company, or a corporation that violates this chapter may beassessed the civil penalties described in this section by thedepartment of labor. For an employment certificate violation undersection 5 or 14 of this chapter, a termination notice violation undersection 12 of this chapter, an hour violation of not more than thirty(30) minutes under sections 22 through 28 of this chapter, a violationof section 23(3) or 24(3) of this chapter, or a posting violation undersection 34 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during aninitial inspection.
(2) Fifty dollars ($50) per instance for a second violationidentified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violationthat is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth orsubsequent violation that is identified in an inspectionsubsequent to the inspection under subdivision (3) and occursnot more than two (2) years after a prior violation.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.8.
IC 20-33-3-40
Civil penalties
Sec. 40. An individual who is an employer, a firm, a limitedliability company, or a corporation that violates this chapter may beassessed the civil penalties described in this section by thedepartment of labor. For an hour violation of more than thirty (30)minutes under sections 22 through 28 of this chapter, each violationof section 30 of this chapter, an age violation under section 31 or 32of this chapter, each minor employed in violation of section 31(b) ofthis chapter, or a hazardous occupation violation under section 35 or36 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during aninitial inspection.
(2) One hundred dollars ($100) per instance for each violationidentified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a thirdviolation that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth orsubsequent violation that is identified in an inspectionsubsequent to the inspection under subdivision (3) and occursnot more than two (2) years after a prior violation.
As added by P.L.1-2005, SEC.17. Amended by P.L.182-2006, SEC.9.
IC 20-33-3-41
Civil penalties; second and subsequent violations
Sec. 41. (a) A civil penalty assessed under section 39 or 40 of thischapter: (1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3unless a person requests an administrative review not later thanthirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing acivil penalty under subsection (a), a first violation expires one(1) year after the date of issuance of a warning letter by thedepartment of labor under subsection (a); and
(2) recurring violations of this section, each location of anemployer shall be considered separate and distinct from anotherlocation of the same employer.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-42
Employment of youth fund
Sec. 42. (a) There is established an employment of youth fund toeducate affected parties on the purposes and contents of this chapterand the responsibilities of all parties under this chapter.
(b) One-half (1/2) of the employment of youth fund each yearshall be used for the purpose of the education provision of thissubsection, and may be used to award grants to provide educationalprograms. The remaining one-half (1/2) of the employment of youthfund shall be used each year for the expenses of hiring and salariesof additional inspectors to enforce this chapter under section 39 ofthis chapter.
(c) The employment of youth fund shall be administered by thedepartment of labor. The expenses of administering the employmentof youth fund shall be paid from money in the fund. The treasurer ofstate shall invest the money in the employment of youth fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the employment ofyouth fund. Money in the employment of youth fund at the end of astate fiscal year does not revert to the state general fund.
(d) Revenue received from civil penalties under this section shallbe deposited in the employment of youth fund.
(e) All inspectors hired to enforce this chapter shall also beavailable to educate affected parties on the purposes and contents ofthis chapter and the responsibilities of all parties under this chapter.
As added by P.L.1-2005, SEC.17.
IC 20-33-3-43
Form for certificates; rules
Sec. 43. (a) An employment certificate shall be issued:
(1) in a form approved by; and
(2) under rules adopted under IC 4-22-2 by;
the department of labor and the state board.
(b) The style of the form and the rules adopted under this sectionmust: (1) be consistent with this chapter; and
(2) promote uniformity and efficiency in the administration ofthis chapter.
As added by P.L.1-2005, SEC.17.