CHAPTER 9. WAGE CLAIMS
IC 22-2-9
Chapter 9. Wage Claims
IC 22-2-9-1
Definitions
Sec. 1. Whenever used in this chapter:
(a) The term "employer" means and includes every person, firm,partnership, association, corporation, limited liability company,receiver, or other officer of any court of this state, and any agent orofficer of any of the above mentioned classes, employing any personin this state.
(b) The term "wages" means all amounts at which the labor orservice rendered is recompensed, whether the amount is fixed orascertained on a time, task, piece, or commission basis, or in anyother method of calculating such amount.
(Formerly: Acts 1939, c.95, s.1.) As amended by P.L.144-1986,SEC.13; P.L.8-1993, SEC.276.
IC 22-2-9-2
Discharge of employee; unpaid wages; payment; labor disputes
Sec. 2. (a) Whenever any employer separates any employee fromthe pay-roll, the unpaid wages or compensation of such employeeshall become due and payable at regular pay day for pay period inwhich separation occurred: Provided, however, That this provisionshall not apply to railroads in the payment by them to theiremployees.
(b) In the event of the suspension of work, as the result of anindustrial dispute, the wages and compensation earned and unpaid atthe time of such suspension shall become due and payable at the nextregular pay day, including, without abatement or reduction, allamounts due all persons whose work has been suspended as a resultof such industrial dispute.
(Formerly: Acts 1939, c.95, s.2; Acts 1969, c.62, s.1.)
IC 22-2-9-3
Disputes; payment of amount agreed upon
Sec. 3. In case of a dispute over wages, the employer shall givenotice to the employee of the amount of wages which he concedes tobe due, and shall pay such amount, without condition, within thetime fixed by this chapter, but the acceptance by the employee of anypayment made under this chapter shall not constitute a release as toany balance of his claim.
(Formerly: Acts 1939, c.95, s.3.) As amended by P.L.144-1986,SEC.14.
IC 22-2-9-4
Investigations; civil actions
Sec. 4. (a) It shall be the duty of the commissioner of labor toenforce and to insure compliance with the provisions of this chapter,to investigate any violations of any of the provisions of this chapter,
and to institute or cause to be instituted actions for penalties andforfeitures provided under this chapter. The commissioner of labormay hold hearings to satisfy himself as to the justice of any claim,and he shall cooperate with any employee in the enforcement of anyclaim against his employer in any case whenever, in his opinion, theclaim is just and valid.
(b) The commissioner of labor may refer claims for wages underthis chapter to the attorney general, and the attorney general mayinitiate civil actions on behalf of the claimant or may refer the claimto any attorney admitted to the practice of law in Indiana. Theprovisions of IC 22-2-5-2 apply to civil actions initiated under thissubsection by the attorney general or his designee.
(Formerly: Acts 1939, c.95, s.4.) As amended by P.L.127-1984,SEC.1.
IC 22-2-9-5
Assignment of claims; joinder of actions
Sec. 5. (a) The commissioner of labor is hereby authorized to takeassignments of wage claims of less than six thousand dollars($6,000), rights of action for penalties, mechanics and other liens ofworkers, without being bound by any of the technical rules withreference to the validity of such assignments, and shall have powerand authority to prosecute actions for the collection of such claimsof persons who, in the judgment of the commissioner:
(1) are entitled to the services of the commissioner; and
(2) have claims which are valid and enforceable in the court.
(b) The commissioner shall have power to join various claimantsin one (1) preferred claim or lien, and, in case of suit, to join them inone (1) cause of action.
(Formerly: Acts 1939, c.95, s.5; Acts 1965, c.68, s.1; Acts 1971,P.L.351, SEC.1.) As amended by P.L.165-2007, SEC.2.
IC 22-2-9-6
Actions and proceedings; costs; bond; sheriff's fees
Sec. 6. (a) In all actions brought by the labor commissioner asassignee under section 5 of this chapter, no court costs of any natureshall be required to be advanced nor shall any bond or other securitytherefor be required from the commissioner in connection with thesame.
(b) Any sheriff, constable, or other officer requested by thecommissioner to serve summons, writs, complaints, or orders and allnecessary and legal papers within his jurisdiction shall do so withoutrequiring the commissioner to advance the fees or furnish anysecurity or bond therefor.
(Formerly: Acts 1939, c.95, s.6.) As amended by P.L.144-1986,SEC.15.
IC 22-2-9-7
Savings clause
Sec. 7. Nothing in this chapter shall be construed to repeal
IC 22-2-5.
(Formerly: Acts 1939, c.95, s.8.) As amended by P.L.144-1986,SEC.16.