CHAPTER 5. FREQUENCY OF WAGE PAYMENTS

IC 22-2-5
    Chapter 5. Frequency of Wage Payments

IC 22-2-5-0.5
"Business day"
    Sec. 0.5. As used in this chapter, "business day" means a dayother than Saturday, Sunday, or a legal holiday (as defined inIC 1-1-9-1).
As added by P.L.51-2007, SEC.1.

IC 22-2-5-1
Payment; voluntarily leaving employment
    Sec. 1. (a) Every person, firm, corporation, limited liabilitycompany, or association, their trustees, lessees, or receiversappointed by any court, doing business in Indiana, shall pay eachemployee at least semimonthly or biweekly, if requested, the amountdue the employee. The payment shall be made in lawful money of theUnited States, by negotiable check, draft, or money order, or byelectronic transfer to the financial institution designated by theemployee. Any contract in violation of this subsection is void.
    (b) Payment shall be made for all wages earned to a date not morethan ten (10) business days prior to the date of payment. However,this subsection does not prevent payments being made at shorterintervals than specified in this subsection, nor repeal any lawproviding for payments at shorter intervals. However, if an employeevoluntarily leaves employment, either permanently or temporarily,the employer shall not be required to pay the employee an amountdue the employee until the next usual and regular day for payment ofwages, as established by the employer. If an employee leavesemployment voluntarily, and without the employee's whereabouts oraddress being known to the employer, the employer is not subject tosection 2 of this chapter until:
        (1) ten (10) business days have elapsed after the employee hasmade a demand for the wages due the employee; or
        (2) the employee has furnished the employer with theemployee's address where the wages may be sent or forwarded.
(Formerly: Acts 1933, c.47, s.1; Acts 1971, P.L.350, SEC.1.) Asamended by P.L.216-1989, SEC.2; P.L.8-1993, SEC.273;P.L.51-2007, SEC.2.

IC 22-2-5-1.1
Employees eligible for overtime compensation; exemption fromIC 22-2-5-1
    Sec. 1.1. Salaried employees who are eligible for overtimecompensation under the Fair Labor Standards Act (29 U.S.C. 201 etseq.) are specifically exempted from section 1 of this chapter.
As added by P.L.143-1988, SEC.1.

IC 22-2-5-2
Failure to pay; damages; actions for recovery    Sec. 2. Every such person, firm, corporation, limited liabilitycompany, or association who shall fail to make payment of wages toany such employee as provided in section 1 of this chapter shall, asliquidated damages for such failure, pay to such employee for eachday that the amount due to him remains unpaid ten percent (10%) ofthe amount due to him in addition thereto, not exceeding double theamount of wages due, and said damages may be recovered in anycourt having jurisdiction of a suit to recover the amount due to suchemployee, and in any suit so brought to recover said wages or theliquidated damages for nonpayment thereof, or both, the court shalltax and assess as costs in said case a reasonable fee for the plaintiff'sattorney or attorneys.
(Formerly: Acts 1933, c.47, s.2.) As amended by P.L.144-1986,SEC.8; P.L.8-1993, SEC.274.

IC 22-2-5-3
Agricultural workers; exemptions
    Sec. 3. Farmers and those engaged in the business of agricultureand horticulture shall be specifically exempt from the provisions ofthis chapter.
(Formerly: Acts 1933, c.47, s.3.) As amended by P.L.144-1986,SEC.9.