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 the
parent's own child or a person standing in place of a parent who
employs 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 this
chapter); and
(3) employment in hazardous occupations designated by federal
law (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 week
that 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 that
contains 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 week
that 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, limited
liability company, or corporation has secured and placed on file in its
office an employment certificate issued by the proper issuing officer
under 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 child
who 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 an
occupation listed in this section during the hours when the child is
not required to be in school.
(b) An employment certificate is not required for a child less than
eighteen (18) years of age who:
(1) works as an actor or performer if the provisions of section
32 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 resident
of Indiana and who requires an employment certificate shall obtain
the employment certificate from the issuing officer of the:
(1) accredited school (as described in IC 20-19-2-8(a)(5)) that
the child attends; or
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not a
resident of Indiana and who requires an employment certificate to
work in Indiana shall obtain the certificate from the issuing officer
of the school corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend the
application of this chapter in cases involving juvenile delinquents or
incorrigibles whenever, in the opinion of the judge, the welfare of a
child 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 (as
described 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 a
teacher licensed by the division of professional standards of the
department 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 in
subsection (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 professional
standards 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 the
principal. 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 who
represents the individual's age to be at least eighteen (18) years of
age but less than twenty-one (21) years of age, the employer may
request the issuing officer to issue an employment certificate for the
prospective employee. It is the duty of the issuing officer to issue a
certificate 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 employment
certificate only to a child whose employment is necessary and only
after 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 section
12 of this chapter.
(b) A child seeking an employment certificate from a school the
child does not attend must also present to the issuing officer a written
statement that:
(1) is from the school the child does attend; and
(2) attests to the child's acceptable academic performance and
attendance. 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 birth
certificate issued by the registrar of vital statistics or any other
officer charged with the duty of recording births. The registrar
may not charge a fee for a certificate or transcript as provided
by IC 16-37-1-9(c)(2). School records of age that have been
verified by a birth certificate may be substituted by the issuing
officer for a birth certificate.
(2) A baptismal certificate or a certified transcript of the record
of baptism showing the child's date of birth and place of
baptism.
(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 the
department of labor, including a certificate of arrival in the
United States issued by United States immigration officers
and showing the child's age; or
(C) a life insurance policy.
Documentary evidence under this subdivision must have been
in existence for at least one (1) year.
(4) A sworn statement by a public health physician, a public
school physician, or the superintendent stating, in the opinion
of the signatory, the child's physical age. This statement shall
show the child's height and weight and other facts upon which
the signatory's opinion is based. The physician's or
superintendent's statement shall be accompanied by a statement
of the child's age signed by the child's parent and by available
school records.
(b) The documents that may constitute proof of age under this
section are listed in preferential order. The issuing officer shall
require the document of age under subsection (a)(1) in preference to
a 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 be
accepted if the issuing officer files a written statement that
verification of date of birth has been requested from the appropriate
governmental 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 issuing
officer 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 the
child will work for the employer.
(b) When a child's employment terminates, the employer shall
immediately 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's
employment certificate.
(c) An employment certificate may be used at not more than two
(2) locations within the same enterprise if the enterprise complies
with the hour restrictions prescribed in sections 22 through 28 of this
chapter. 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 the
documents required by section 10 of this chapter, an employment
certificate shall be issued immediately to the child. The employment
certificate shall state the maximum number of hours that the child
may be employed by the employer. However, an issuing officer may
deny a certificate to a child:
(1) whose attendance is not in good standing; or
(2) whose academic performance does not meet the school
corporation's standard.
(b) Not more than five (5) days after issuing an employment
certificate, the issuing officer shall send a copy of the employment
certificate to the department of labor. The issuing officer shall keep
a record in the issuing officer's office of each employment certificate
issued. The issuing officer shall keep for each student who has been
issued more than one (1) employment certificate a record of the
maximum number of hours that the student may work each week for
all employers.
(c) A student may appeal the denial of a certificate under
subsection (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) employment
certificate at a time. However, a child who holds more than one (1)
employment certificate at a time is subject to the penalties set forth
in 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 the
penalties 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 the
judgment of the state board or the department of labor, the certificate
was improperly issued or if the state board or department of labor has
knowledge that the child is or was illegally employed.
(b) To determine when a child is illegally employed, the state
board and the department of labor and agents of the state board or
department 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 an
employment certificate under this section, the issuing officer and the
child's employer shall be notified in writing. This notice may be
delivered in person or by registered mail. Immediately after receiving
notice of revocation, the employer shall return the certificate to the
issuing officer.
(d) A child whose employment certificate has been revoked may
not be employed or allowed to work until the child legally has
obtained 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 must
state 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 as
required under this chapter.
(c) The issuing officer may require the presence of the child's
parents 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 chapter
shall be prepared by the department of labor and supplied to issuing
officers.
(b) Funds to pay expenses incurred by the department of labor in
printing and distributing these forms are appropriated annually out
of any money in the state general fund that is not otherwise
appropriated. 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 chapter
may 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 age
authorized 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 the
department 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 employment
certificate is required under sections 5 and 6 of this chapter;
shall submit to a physical examination. The examination shall be
conducted by a medical inspector of the department of labor or by a
physician designated by the department of labor. A female employee
is entitled to have this examination made by a female. An employer
shall not require or attempt to require a female employee to submit
to a physical examination by a male.
(b) The result of an examination conducted under this section
shall be recorded on a printed form furnished by and kept on file at
the department of labor.
(c) The department of labor may not require a child to undergo a
medical examination under this chapter when the child's parent
objects on religious grounds. A religious objection:
(1) consists of a good faith reliance on spiritual means or prayer
for 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 required
under section 18 of this chapter; or
(2) on examination, the medical inspector finds the child to be
physically unfit to be employed in the work in which the child
is engaged and files a report to that effect;
the department of labor shall revoke the child's employment
certificate. A report of physical incapacity shall be kept at the office
of the department of labor.
(b) Written notice of a revocation under this section shall be
served on the issuing officer and the child's employer in person or by
registered mail. Immediately after receiving notice of a revocation,
the employer shall deliver the revoked certificate to the department
of labor. A child whose certificate has been revoked under this
section may obtain a new certificate if the child is found, after
physical examination, to be physically fit for the new occupation in
which 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 the
issuing officer if the issuing officer determines that there has been a
significant decrease in any of the following since the issuance of the
permit:
(1) The student's grade point average.
(2) The student's attendance at school.
(b) A student whose employment certificate is revoked under
subsection (a) is entitled to a periodic review of the student's grade
record or attendance record, or both, to determine whether the
revocation should continue. A periodic review may not be conducted
less than one (1) time each school year.
(c) If upon review the issuing officer determines that the student's
grade point average or attendance, or both, have improved
substantially, the issuing officer may reissue an employment
certificate to the student.
(d) A student may appeal the revocation of an employment
certificate under subsection (a) or the refusal to reissue an
employment certificate under subsection (c) to the school principal.
(e) An issuing officer who revokes an employment certificate
shall immediately send written notice of the revocation to the
student'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 18
years of age
Sec. 21. Sections 22 through 29 of this chapter apply only to
employment for which a child who is at least fourteen (14) years of
age and less than eighteen (18) years of age must obtain an
employment 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 16
years of age
Sec. 22. The following apply only to a child who is at least
fourteen (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 through
Labor 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 17
years of age
Sec. 23. Except as provided in section 27 of this chapter, a child
who 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 18
years of age
Sec. 24. Except as provided in section 27 of this chapter, a child
who 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 18
years of age; 10 p.m. limit
Sec. 25. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may work until 10 p.m. on nights that
are followed by a school day in any occupation except those that the
commissioner 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 17
years 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 work
until 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's
office. 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 18
years of age; hour limits
Sec. 27. (a) A child who is at least sixteen (16) years of age and
less 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's
office.
(b) If the employer or employers have obtained written permission
required under subsection (a), a child who is at least sixteen (16)
years of age and less than eighteen (18) years of age may be
employed for periods that do not exceed a total of nine (9) hours in
any 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 18
years of age; 11:30 p.m. and 1 a.m. limits
Sec. 28. A child who is at least seventeen (17) years of age and
less than eighteen (18) years of age may work until 11:30 p.m. on
nights that are followed by a school day if the employer has obtained
written permission from the child's parent and placed the written
permission on file in the employer's office. A child covered by this
section may work until 1 a.m. the following day if the employer has
obtained written permission from the child's parent and placed the
written permission on file in the employer's office. However, the
nights 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 18
years of age; employed the same as adults
Sec. 29. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may be employed the same daily and
weekly hours and at the same times of day as adults if the child is a
member of any of the following categories:
(1) The child is a high school graduate.
(2) The child has completed an approved career and technical
education 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 be
employed
Sec. 30. (a) This section applies to occupations for which a child
less than eighteen (18) years of age may be employed or allowed to
work 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 that
employs a child less than eighteen (18) years of age shall provide the
child one (1) or two (2) rest breaks totaling at least thirty (30)
minutes if the child is scheduled to work at least six (6) consecutive
hours. 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 allowed
to work in any gainful occupation except as a farm laborer,
domestic service worker, caddie for persons playing the game
of golf, or newspaper carrier; and
(2) twelve (12) years of age may not be permitted to work at
farm 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 or
permit any child less than eighteen (18) years of age to work in any
occupation after 7:30 a.m. and before 3:30 p.m. on a school day
unless the child presents to the employer a written exception issued
by 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 from
singing, playing, or performing in a studio, circus, theatrical, or
musical exhibition, concert, or festival, in radio and television
broadcasts, or as a live or photographic model. Employment
certificates are not required for employment or appearances set forth
in this section, but a child less than eighteen (18) years of age may
not 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 the
child; or
(B) interfere with the schooling of the child.
Provision shall be made for education equivalent to full-time
school attendance in the public schools for children less than
sixteen (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 the
Indiana 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 this
chapter. 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 employs
a 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 an
employment certificate shall post and keep posted a printed notice in
a conspicuous place or in places where notices to employees are
customarily posted. This notice must state:
(1) the maximum number of hours a child may be employed or
permitted 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 the
department 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 less
than eighteen (18) years of age from working in an occupation
designated as hazardous by the child labor provisions of the federal
Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et
seq.). 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 limit
on the number of hours a child is permitted to work under sections
22 through 30 of this chapter.
(b) It is unlawful for a person, firm, limited liability company, or
corporation to permit a child who is:
(1) less than eighteen (18) years of age; and
(2) employed by the person, firm, limited liability company, or
corporation;
to work after 10 p.m. and before 6 a.m. in an establishment that is
open 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 occupation
violation 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 on
a properly guarded machine in the training department of a school
when 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 inspectors
and agents:
(1) shall enforce this chapter and ensure that all violators are
prosecuted; and
(2) may visit and inspect, at all reasonable hours and when as
practicable and necessary, all establishments affected by this
chapter.
(b) It is unlawful for any person to interfere with, obstruct, or
hinder any inspector or agent of the department of labor while the
inspector or agent performs official duties or to refuse to properly
answer questions asked by an inspector or agent of the department.
(c) When requested in writing by the department of labor, the
attorney general shall assist the prosecuting attorney in the
prosecution 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 28
of this chapter or a violation of section 23(3) or 24(3) of this chapter
committed 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 held
by the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties set
forth in subsection (a).
(c) If the department of labor revokes an employment certificate
under this section, the issuing officer and the child's employer shall
be notified in writing. This notice may be delivered in person or by
registered mail. Immediately after receiving notice of revocation, the
employer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates have
been revoked may not be employed or allowed to work until the child
legally 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an employment certificate violation under
section 5 or 14 of this chapter, a termination notice violation under
section 12 of this chapter, an hour violation of not more than thirty
(30) minutes under sections 22 through 28 of this chapter, a violation
of section 23(3) or 24(3) of this chapter, or a posting violation under
section 34 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) Fifty dollars ($50) per instance for a second violation
identified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an hour violation of more than thirty (30)
minutes under sections 22 through 28 of this chapter, each violation
of section 30 of this chapter, an age violation under section 31 or 32
of this chapter, each minor employed in violation of section 31(b) of
this chapter, or a hazardous occupation violation under section 35 or
36 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 this
chapter:
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3
unless a person requests an administrative review not later than
thirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing a
civil penalty under subsection (a), a first violation expires one
(1) year after the date of issuance of a warning letter by the
department of labor under subsection (a); and
(2) recurring violations of this section, each location of an
employer shall be considered separate and distinct from another
location 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 to
educate affected parties on the purposes and contents of this chapter
and the responsibilities of all parties under this chapter.
(b) One-half (1/2) of the employment of youth fund each year
shall be used for the purpose of the education provision of this
subsection, and may be used to award grants to provide educational
programs. The remaining one-half (1/2) of the employment of youth
fund shall be used each year for the expenses of hiring and salaries
of additional inspectors to enforce this chapter under section 39 of
this chapter.
(c) The employment of youth fund shall be administered by the
department of labor. The expenses of administering the employment
of youth fund shall be paid from money in the fund. The treasurer of
state shall invest the money in the employment of youth fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the employment of
youth fund. Money in the employment of youth fund at the end of a
state fiscal year does not revert to the state general fund.
(d) Revenue received from civil penalties under this section shall
be deposited in the employment of youth fund.
(e) All inspectors hired to enforce this chapter shall also be
available to educate affected parties on the purposes and contents of
this 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 section
must:
(1) be consistent with this chapter; and
(2) promote uniformity and efficiency in the administration of
this chapter. As added by P.L.1-2005, SEC.17.
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 the
parent's own child or a person standing in place of a parent who
employs 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 this
chapter); and
(3) employment in hazardous occupations designated by federal
law (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 week
that 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 that
contains 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 week
that 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, limited
liability company, or corporation has secured and placed on file in its
office an employment certificate issued by the proper issuing officer
under 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 child
who 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 an
occupation listed in this section during the hours when the child is
not required to be in school.
(b) An employment certificate is not required for a child less than
eighteen (18) years of age who:
(1) works as an actor or performer if the provisions of section
32 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 resident
of Indiana and who requires an employment certificate shall obtain
the employment certificate from the issuing officer of the:
(1) accredited school (as described in IC 20-19-2-8(a)(5)) that
the child attends; or
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not a
resident of Indiana and who requires an employment certificate to
work in Indiana shall obtain the certificate from the issuing officer
of the school corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend the
application of this chapter in cases involving juvenile delinquents or
incorrigibles whenever, in the opinion of the judge, the welfare of a
child 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 (as
described 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 a
teacher licensed by the division of professional standards of the
department 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 in
subsection (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 professional
standards 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 the
principal. 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 who
represents the individual's age to be at least eighteen (18) years of
age but less than twenty-one (21) years of age, the employer may
request the issuing officer to issue an employment certificate for the
prospective employee. It is the duty of the issuing officer to issue a
certificate 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 employment
certificate only to a child whose employment is necessary and only
after 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 section
12 of this chapter.
(b) A child seeking an employment certificate from a school the
child does not attend must also present to the issuing officer a written
statement that:
(1) is from the school the child does attend; and
(2) attests to the child's acceptable academic performance and
attendance. 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 birth
certificate issued by the registrar of vital statistics or any other
officer charged with the duty of recording births. The registrar
may not charge a fee for a certificate or transcript as provided
by IC 16-37-1-9(c)(2). School records of age that have been
verified by a birth certificate may be substituted by the issuing
officer for a birth certificate.
(2) A baptismal certificate or a certified transcript of the record
of baptism showing the child's date of birth and place of
baptism.
(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 the
department of labor, including a certificate of arrival in the
United States issued by United States immigration officers
and showing the child's age; or
(C) a life insurance policy.
Documentary evidence under this subdivision must have been
in existence for at least one (1) year.
(4) A sworn statement by a public health physician, a public
school physician, or the superintendent stating, in the opinion
of the signatory, the child's physical age. This statement shall
show the child's height and weight and other facts upon which
the signatory's opinion is based. The physician's or
superintendent's statement shall be accompanied by a statement
of the child's age signed by the child's parent and by available
school records.
(b) The documents that may constitute proof of age under this
section are listed in preferential order. The issuing officer shall
require the document of age under subsection (a)(1) in preference to
a 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 be
accepted if the issuing officer files a written statement that
verification of date of birth has been requested from the appropriate
governmental 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 issuing
officer 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 the
child will work for the employer.
(b) When a child's employment terminates, the employer shall
immediately 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's
employment certificate.
(c) An employment certificate may be used at not more than two
(2) locations within the same enterprise if the enterprise complies
with the hour restrictions prescribed in sections 22 through 28 of this
chapter. 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 the
documents required by section 10 of this chapter, an employment
certificate shall be issued immediately to the child. The employment
certificate shall state the maximum number of hours that the child
may be employed by the employer. However, an issuing officer may
deny a certificate to a child:
(1) whose attendance is not in good standing; or
(2) whose academic performance does not meet the school
corporation's standard.
(b) Not more than five (5) days after issuing an employment
certificate, the issuing officer shall send a copy of the employment
certificate to the department of labor. The issuing officer shall keep
a record in the issuing officer's office of each employment certificate
issued. The issuing officer shall keep for each student who has been
issued more than one (1) employment certificate a record of the
maximum number of hours that the student may work each week for
all employers.
(c) A student may appeal the denial of a certificate under
subsection (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) employment
certificate at a time. However, a child who holds more than one (1)
employment certificate at a time is subject to the penalties set forth
in 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 the
penalties 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 the
judgment of the state board or the department of labor, the certificate
was improperly issued or if the state board or department of labor has
knowledge that the child is or was illegally employed.
(b) To determine when a child is illegally employed, the state
board and the department of labor and agents of the state board or
department 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 an
employment certificate under this section, the issuing officer and the
child's employer shall be notified in writing. This notice may be
delivered in person or by registered mail. Immediately after receiving
notice of revocation, the employer shall return the certificate to the
issuing officer.
(d) A child whose employment certificate has been revoked may
not be employed or allowed to work until the child legally has
obtained 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 must
state 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 as
required under this chapter.
(c) The issuing officer may require the presence of the child's
parents 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 chapter
shall be prepared by the department of labor and supplied to issuing
officers.
(b) Funds to pay expenses incurred by the department of labor in
printing and distributing these forms are appropriated annually out
of any money in the state general fund that is not otherwise
appropriated. 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 chapter
may 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 age
authorized 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 the
department 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 employment
certificate is required under sections 5 and 6 of this chapter;
shall submit to a physical examination. The examination shall be
conducted by a medical inspector of the department of labor or by a
physician designated by the department of labor. A female employee
is entitled to have this examination made by a female. An employer
shall not require or attempt to require a female employee to submit
to a physical examination by a male.
(b) The result of an examination conducted under this section
shall be recorded on a printed form furnished by and kept on file at
the department of labor.
(c) The department of labor may not require a child to undergo a
medical examination under this chapter when the child's parent
objects on religious grounds. A religious objection:
(1) consists of a good faith reliance on spiritual means or prayer
for 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 required
under section 18 of this chapter; or
(2) on examination, the medical inspector finds the child to be
physically unfit to be employed in the work in which the child
is engaged and files a report to that effect;
the department of labor shall revoke the child's employment
certificate. A report of physical incapacity shall be kept at the office
of the department of labor.
(b) Written notice of a revocation under this section shall be
served on the issuing officer and the child's employer in person or by
registered mail. Immediately after receiving notice of a revocation,
the employer shall deliver the revoked certificate to the department
of labor. A child whose certificate has been revoked under this
section may obtain a new certificate if the child is found, after
physical examination, to be physically fit for the new occupation in
which 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 the
issuing officer if the issuing officer determines that there has been a
significant decrease in any of the following since the issuance of the
permit:
(1) The student's grade point average.
(2) The student's attendance at school.
(b) A student whose employment certificate is revoked under
subsection (a) is entitled to a periodic review of the student's grade
record or attendance record, or both, to determine whether the
revocation should continue. A periodic review may not be conducted
less than one (1) time each school year.
(c) If upon review the issuing officer determines that the student's
grade point average or attendance, or both, have improved
substantially, the issuing officer may reissue an employment
certificate to the student.
(d) A student may appeal the revocation of an employment
certificate under subsection (a) or the refusal to reissue an
employment certificate under subsection (c) to the school principal.
(e) An issuing officer who revokes an employment certificate
shall immediately send written notice of the revocation to the
student'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 18
years of age
Sec. 21. Sections 22 through 29 of this chapter apply only to
employment for which a child who is at least fourteen (14) years of
age and less than eighteen (18) years of age must obtain an
employment 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 16
years of age
Sec. 22. The following apply only to a child who is at least
fourteen (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 through
Labor 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 17
years of age
Sec. 23. Except as provided in section 27 of this chapter, a child
who 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 18
years of age
Sec. 24. Except as provided in section 27 of this chapter, a child
who 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 18
years of age; 10 p.m. limit
Sec. 25. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may work until 10 p.m. on nights that
are followed by a school day in any occupation except those that the
commissioner 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 17
years 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 work
until 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's
office. 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 18
years of age; hour limits
Sec. 27. (a) A child who is at least sixteen (16) years of age and
less 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's
office.
(b) If the employer or employers have obtained written permission
required under subsection (a), a child who is at least sixteen (16)
years of age and less than eighteen (18) years of age may be
employed for periods that do not exceed a total of nine (9) hours in
any 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 18
years of age; 11:30 p.m. and 1 a.m. limits
Sec. 28. A child who is at least seventeen (17) years of age and
less than eighteen (18) years of age may work until 11:30 p.m. on
nights that are followed by a school day if the employer has obtained
written permission from the child's parent and placed the written
permission on file in the employer's office. A child covered by this
section may work until 1 a.m. the following day if the employer has
obtained written permission from the child's parent and placed the
written permission on file in the employer's office. However, the
nights 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 18
years of age; employed the same as adults
Sec. 29. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may be employed the same daily and
weekly hours and at the same times of day as adults if the child is a
member of any of the following categories:
(1) The child is a high school graduate.
(2) The child has completed an approved career and technical
education 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 be
employed
Sec. 30. (a) This section applies to occupations for which a child
less than eighteen (18) years of age may be employed or allowed to
work 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 that
employs a child less than eighteen (18) years of age shall provide the
child one (1) or two (2) rest breaks totaling at least thirty (30)
minutes if the child is scheduled to work at least six (6) consecutive
hours. 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 allowed
to work in any gainful occupation except as a farm laborer,
domestic service worker, caddie for persons playing the game
of golf, or newspaper carrier; and
(2) twelve (12) years of age may not be permitted to work at
farm 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 or
permit any child less than eighteen (18) years of age to work in any
occupation after 7:30 a.m. and before 3:30 p.m. on a school day
unless the child presents to the employer a written exception issued
by 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 from
singing, playing, or performing in a studio, circus, theatrical, or
musical exhibition, concert, or festival, in radio and television
broadcasts, or as a live or photographic model. Employment
certificates are not required for employment or appearances set forth
in this section, but a child less than eighteen (18) years of age may
not 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 the
child; or
(B) interfere with the schooling of the child.
Provision shall be made for education equivalent to full-time
school attendance in the public schools for children less than
sixteen (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 the
Indiana 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 this
chapter. 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 employs
a 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 an
employment certificate shall post and keep posted a printed notice in
a conspicuous place or in places where notices to employees are
customarily posted. This notice must state:
(1) the maximum number of hours a child may be employed or
permitted 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 the
department 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 less
than eighteen (18) years of age from working in an occupation
designated as hazardous by the child labor provisions of the federal
Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et
seq.). 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 limit
on the number of hours a child is permitted to work under sections
22 through 30 of this chapter.
(b) It is unlawful for a person, firm, limited liability company, or
corporation to permit a child who is:
(1) less than eighteen (18) years of age; and
(2) employed by the person, firm, limited liability company, or
corporation;
to work after 10 p.m. and before 6 a.m. in an establishment that is
open 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 occupation
violation 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 on
a properly guarded machine in the training department of a school
when 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 inspectors
and agents:
(1) shall enforce this chapter and ensure that all violators are
prosecuted; and
(2) may visit and inspect, at all reasonable hours and when as
practicable and necessary, all establishments affected by this
chapter.
(b) It is unlawful for any person to interfere with, obstruct, or
hinder any inspector or agent of the department of labor while the
inspector or agent performs official duties or to refuse to properly
answer questions asked by an inspector or agent of the department.
(c) When requested in writing by the department of labor, the
attorney general shall assist the prosecuting attorney in the
prosecution 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 28
of this chapter or a violation of section 23(3) or 24(3) of this chapter
committed 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 held
by the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties set
forth in subsection (a).
(c) If the department of labor revokes an employment certificate
under this section, the issuing officer and the child's employer shall
be notified in writing. This notice may be delivered in person or by
registered mail. Immediately after receiving notice of revocation, the
employer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates have
been revoked may not be employed or allowed to work until the child
legally 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an employment certificate violation under
section 5 or 14 of this chapter, a termination notice violation under
section 12 of this chapter, an hour violation of not more than thirty
(30) minutes under sections 22 through 28 of this chapter, a violation
of section 23(3) or 24(3) of this chapter, or a posting violation under
section 34 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) Fifty dollars ($50) per instance for a second violation
identified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an hour violation of more than thirty (30)
minutes under sections 22 through 28 of this chapter, each violation
of section 30 of this chapter, an age violation under section 31 or 32
of this chapter, each minor employed in violation of section 31(b) of
this chapter, or a hazardous occupation violation under section 35 or
36 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 this
chapter:
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3
unless a person requests an administrative review not later than
thirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing a
civil penalty under subsection (a), a first violation expires one
(1) year after the date of issuance of a warning letter by the
department of labor under subsection (a); and
(2) recurring violations of this section, each location of an
employer shall be considered separate and distinct from another
location 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 to
educate affected parties on the purposes and contents of this chapter
and the responsibilities of all parties under this chapter.
(b) One-half (1/2) of the employment of youth fund each year
shall be used for the purpose of the education provision of this
subsection, and may be used to award grants to provide educational
programs. The remaining one-half (1/2) of the employment of youth
fund shall be used each year for the expenses of hiring and salaries
of additional inspectors to enforce this chapter under section 39 of
this chapter.
(c) The employment of youth fund shall be administered by the
department of labor. The expenses of administering the employment
of youth fund shall be paid from money in the fund. The treasurer of
state shall invest the money in the employment of youth fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the employment of
youth fund. Money in the employment of youth fund at the end of a
state fiscal year does not revert to the state general fund.
(d) Revenue received from civil penalties under this section shall
be deposited in the employment of youth fund.
(e) All inspectors hired to enforce this chapter shall also be
available to educate affected parties on the purposes and contents of
this 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 section
must:
(1) be consistent with this chapter; and
(2) promote uniformity and efficiency in the administration of
this chapter. As added by P.L.1-2005, SEC.17.
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 the
parent's own child or a person standing in place of a parent who
employs 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 this
chapter); and
(3) employment in hazardous occupations designated by federal
law (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 week
that 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 that
contains 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 week
that 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, limited
liability company, or corporation has secured and placed on file in its
office an employment certificate issued by the proper issuing officer
under 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 child
who 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 an
occupation listed in this section during the hours when the child is
not required to be in school.
(b) An employment certificate is not required for a child less than
eighteen (18) years of age who:
(1) works as an actor or performer if the provisions of section
32 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 resident
of Indiana and who requires an employment certificate shall obtain
the employment certificate from the issuing officer of the:
(1) accredited school (as described in IC 20-19-2-8(a)(5)) that
the child attends; or
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not a
resident of Indiana and who requires an employment certificate to
work in Indiana shall obtain the certificate from the issuing officer
of the school corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend the
application of this chapter in cases involving juvenile delinquents or
incorrigibles whenever, in the opinion of the judge, the welfare of a
child 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 (as
described 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 a
teacher licensed by the division of professional standards of the
department 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 in
subsection (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 professional
standards 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 the
principal. 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 who
represents the individual's age to be at least eighteen (18) years of
age but less than twenty-one (21) years of age, the employer may
request the issuing officer to issue an employment certificate for the
prospective employee. It is the duty of the issuing officer to issue a
certificate 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 employment
certificate only to a child whose employment is necessary and only
after 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 section
12 of this chapter.
(b) A child seeking an employment certificate from a school the
child does not attend must also present to the issuing officer a written
statement that:
(1) is from the school the child does attend; and
(2) attests to the child's acceptable academic performance and
attendance. 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 birth
certificate issued by the registrar of vital statistics or any other
officer charged with the duty of recording births. The registrar
may not charge a fee for a certificate or transcript as provided
by IC 16-37-1-9(c)(2). School records of age that have been
verified by a birth certificate may be substituted by the issuing
officer for a birth certificate.
(2) A baptismal certificate or a certified transcript of the record
of baptism showing the child's date of birth and place of
baptism.
(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 the
department of labor, including a certificate of arrival in the
United States issued by United States immigration officers
and showing the child's age; or
(C) a life insurance policy.
Documentary evidence under this subdivision must have been
in existence for at least one (1) year.
(4) A sworn statement by a public health physician, a public
school physician, or the superintendent stating, in the opinion
of the signatory, the child's physical age. This statement shall
show the child's height and weight and other facts upon which
the signatory's opinion is based. The physician's or
superintendent's statement shall be accompanied by a statement
of the child's age signed by the child's parent and by available
school records.
(b) The documents that may constitute proof of age under this
section are listed in preferential order. The issuing officer shall
require the document of age under subsection (a)(1) in preference to
a 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 be
accepted if the issuing officer files a written statement that
verification of date of birth has been requested from the appropriate
governmental 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 issuing
officer 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 the
child will work for the employer.
(b) When a child's employment terminates, the employer shall
immediately 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's
employment certificate.
(c) An employment certificate may be used at not more than two
(2) locations within the same enterprise if the enterprise complies
with the hour restrictions prescribed in sections 22 through 28 of this
chapter. 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 the
documents required by section 10 of this chapter, an employment
certificate shall be issued immediately to the child. The employment
certificate shall state the maximum number of hours that the child
may be employed by the employer. However, an issuing officer may
deny a certificate to a child:
(1) whose attendance is not in good standing; or
(2) whose academic performance does not meet the school
corporation's standard.
(b) Not more than five (5) days after issuing an employment
certificate, the issuing officer shall send a copy of the employment
certificate to the department of labor. The issuing officer shall keep
a record in the issuing officer's office of each employment certificate
issued. The issuing officer shall keep for each student who has been
issued more than one (1) employment certificate a record of the
maximum number of hours that the student may work each week for
all employers.
(c) A student may appeal the denial of a certificate under
subsection (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) employment
certificate at a time. However, a child who holds more than one (1)
employment certificate at a time is subject to the penalties set forth
in 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 the
penalties 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 the
judgment of the state board or the department of labor, the certificate
was improperly issued or if the state board or department of labor has
knowledge that the child is or was illegally employed.
(b) To determine when a child is illegally employed, the state
board and the department of labor and agents of the state board or
department 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 an
employment certificate under this section, the issuing officer and the
child's employer shall be notified in writing. This notice may be
delivered in person or by registered mail. Immediately after receiving
notice of revocation, the employer shall return the certificate to the
issuing officer.
(d) A child whose employment certificate has been revoked may
not be employed or allowed to work until the child legally has
obtained 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 must
state 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 as
required under this chapter.
(c) The issuing officer may require the presence of the child's
parents 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 chapter
shall be prepared by the department of labor and supplied to issuing
officers.
(b) Funds to pay expenses incurred by the department of labor in
printing and distributing these forms are appropriated annually out
of any money in the state general fund that is not otherwise
appropriated. 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 chapter
may 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 age
authorized 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 the
department 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 employment
certificate is required under sections 5 and 6 of this chapter;
shall submit to a physical examination. The examination shall be
conducted by a medical inspector of the department of labor or by a
physician designated by the department of labor. A female employee
is entitled to have this examination made by a female. An employer
shall not require or attempt to require a female employee to submit
to a physical examination by a male.
(b) The result of an examination conducted under this section
shall be recorded on a printed form furnished by and kept on file at
the department of labor.
(c) The department of labor may not require a child to undergo a
medical examination under this chapter when the child's parent
objects on religious grounds. A religious objection:
(1) consists of a good faith reliance on spiritual means or prayer
for 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 required
under section 18 of this chapter; or
(2) on examination, the medical inspector finds the child to be
physically unfit to be employed in the work in which the child
is engaged and files a report to that effect;
the department of labor shall revoke the child's employment
certificate. A report of physical incapacity shall be kept at the office
of the department of labor.
(b) Written notice of a revocation under this section shall be
served on the issuing officer and the child's employer in person or by
registered mail. Immediately after receiving notice of a revocation,
the employer shall deliver the revoked certificate to the department
of labor. A child whose certificate has been revoked under this
section may obtain a new certificate if the child is found, after
physical examination, to be physically fit for the new occupation in
which 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 the
issuing officer if the issuing officer determines that there has been a
significant decrease in any of the following since the issuance of the
permit:
(1) The student's grade point average.
(2) The student's attendance at school.
(b) A student whose employment certificate is revoked under
subsection (a) is entitled to a periodic review of the student's grade
record or attendance record, or both, to determine whether the
revocation should continue. A periodic review may not be conducted
less than one (1) time each school year.
(c) If upon review the issuing officer determines that the student's
grade point average or attendance, or both, have improved
substantially, the issuing officer may reissue an employment
certificate to the student.
(d) A student may appeal the revocation of an employment
certificate under subsection (a) or the refusal to reissue an
employment certificate under subsection (c) to the school principal.
(e) An issuing officer who revokes an employment certificate
shall immediately send written notice of the revocation to the
student'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 18
years of age
Sec. 21. Sections 22 through 29 of this chapter apply only to
employment for which a child who is at least fourteen (14) years of
age and less than eighteen (18) years of age must obtain an
employment 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 16
years of age
Sec. 22. The following apply only to a child who is at least
fourteen (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 through
Labor 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 17
years of age
Sec. 23. Except as provided in section 27 of this chapter, a child
who 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 18
years of age
Sec. 24. Except as provided in section 27 of this chapter, a child
who 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 18
years of age; 10 p.m. limit
Sec. 25. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may work until 10 p.m. on nights that
are followed by a school day in any occupation except those that the
commissioner 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 17
years 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 work
until 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's
office. 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 18
years of age; hour limits
Sec. 27. (a) A child who is at least sixteen (16) years of age and
less 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's
office.
(b) If the employer or employers have obtained written permission
required under subsection (a), a child who is at least sixteen (16)
years of age and less than eighteen (18) years of age may be
employed for periods that do not exceed a total of nine (9) hours in
any 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 18
years of age; 11:30 p.m. and 1 a.m. limits
Sec. 28. A child who is at least seventeen (17) years of age and
less than eighteen (18) years of age may work until 11:30 p.m. on
nights that are followed by a school day if the employer has obtained
written permission from the child's parent and placed the written
permission on file in the employer's office. A child covered by this
section may work until 1 a.m. the following day if the employer has
obtained written permission from the child's parent and placed the
written permission on file in the employer's office. However, the
nights 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 18
years of age; employed the same as adults
Sec. 29. A child who is at least sixteen (16) years of age and less
than eighteen (18) years of age may be employed the same daily and
weekly hours and at the same times of day as adults if the child is a
member of any of the following categories:
(1) The child is a high school graduate.
(2) The child has completed an approved career and technical
education 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 be
employed
Sec. 30. (a) This section applies to occupations for which a child
less than eighteen (18) years of age may be employed or allowed to
work 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 that
employs a child less than eighteen (18) years of age shall provide the
child one (1) or two (2) rest breaks totaling at least thirty (30)
minutes if the child is scheduled to work at least six (6) consecutive
hours. 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 allowed
to work in any gainful occupation except as a farm laborer,
domestic service worker, caddie for persons playing the game
of golf, or newspaper carrier; and
(2) twelve (12) years of age may not be permitted to work at
farm 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 or
permit any child less than eighteen (18) years of age to work in any
occupation after 7:30 a.m. and before 3:30 p.m. on a school day
unless the child presents to the employer a written exception issued
by 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 from
singing, playing, or performing in a studio, circus, theatrical, or
musical exhibition, concert, or festival, in radio and television
broadcasts, or as a live or photographic model. Employment
certificates are not required for employment or appearances set forth
in this section, but a child less than eighteen (18) years of age may
not 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 the
child; or
(B) interfere with the schooling of the child.
Provision shall be made for education equivalent to full-time
school attendance in the public schools for children less than
sixteen (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 the
Indiana 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 this
chapter. 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 employs
a 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 an
employment certificate shall post and keep posted a printed notice in
a conspicuous place or in places where notices to employees are
customarily posted. This notice must state:
(1) the maximum number of hours a child may be employed or
permitted 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 the
department 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 less
than eighteen (18) years of age from working in an occupation
designated as hazardous by the child labor provisions of the federal
Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et
seq.). 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 limit
on the number of hours a child is permitted to work under sections
22 through 30 of this chapter.
(b) It is unlawful for a person, firm, limited liability company, or
corporation to permit a child who is:
(1) less than eighteen (18) years of age; and
(2) employed by the person, firm, limited liability company, or
corporation;
to work after 10 p.m. and before 6 a.m. in an establishment that is
open 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 occupation
violation 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 on
a properly guarded machine in the training department of a school
when 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 inspectors
and agents:
(1) shall enforce this chapter and ensure that all violators are
prosecuted; and
(2) may visit and inspect, at all reasonable hours and when as
practicable and necessary, all establishments affected by this
chapter.
(b) It is unlawful for any person to interfere with, obstruct, or
hinder any inspector or agent of the department of labor while the
inspector or agent performs official duties or to refuse to properly
answer questions asked by an inspector or agent of the department.
(c) When requested in writing by the department of labor, the
attorney general shall assist the prosecuting attorney in the
prosecution 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 28
of this chapter or a violation of section 23(3) or 24(3) of this chapter
committed 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 held
by the child for thirty (30) calendar days.
(b) The department of labor shall assess the civil penalties set
forth in subsection (a).
(c) If the department of labor revokes an employment certificate
under this section, the issuing officer and the child's employer shall
be notified in writing. This notice may be delivered in person or by
registered mail. Immediately after receiving notice of revocation, the
employer shall return the certificate to the issuing officer.
(d) A child whose employment certificate or certificates have
been revoked may not be employed or allowed to work until the child
legally 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an employment certificate violation under
section 5 or 14 of this chapter, a termination notice violation under
section 12 of this chapter, an hour violation of not more than thirty
(30) minutes under sections 22 through 28 of this chapter, a violation
of section 23(3) or 24(3) of this chapter, or a posting violation under
section 34 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) Fifty dollars ($50) per instance for a second violation
identified in a subsequent inspection.
(3) Seventy-five dollars ($75) per instance for a third violation
that is identified in a subsequent inspection.
(4) One hundred dollars ($100) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 limited
liability company, or a corporation that violates this chapter may be
assessed the civil penalties described in this section by the
department of labor. For an hour violation of more than thirty (30)
minutes under sections 22 through 28 of this chapter, each violation
of section 30 of this chapter, an age violation under section 31 or 32
of this chapter, each minor employed in violation of section 31(b) of
this chapter, or a hazardous occupation violation under section 35 or
36 of this chapter, the civil penalties are as follows:
(1) A warning letter for any violations identified during an
initial inspection.
(2) One hundred dollars ($100) per instance for each violation
identified in a subsequent inspection.
(3) Two hundred dollars ($200) per instance for a third
violation that is identified in a subsequent inspection.
(4) Four hundred dollars ($400) per instance for a fourth or
subsequent violation that is identified in an inspection
subsequent to the inspection under subdivision (3) and occurs
not 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 this
chapter:
(1) is subject to IC 4-21.5-3-6; and
(2) becomes effective without a proceeding under IC 4-21.5-3
unless a person requests an administrative review not later than
thirty (30) days after notice of the assessment is given.
(b) For purposes of determining:
(1) whether a second violation has occurred when assessing a
civil penalty under subsection (a), a first violation expires one
(1) year after the date of issuance of a warning letter by the
department of labor under subsection (a); and
(2) recurring violations of this section, each location of an
employer shall be considered separate and distinct from another
location 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 to
educate affected parties on the purposes and contents of this chapter
and the responsibilities of all parties under this chapter.
(b) One-half (1/2) of the employment of youth fund each year
shall be used for the purpose of the education provision of this
subsection, and may be used to award grants to provide educational
programs. The remaining one-half (1/2) of the employment of youth
fund shall be used each year for the expenses of hiring and salaries
of additional inspectors to enforce this chapter under section 39 of
this chapter.
(c) The employment of youth fund shall be administered by the
department of labor. The expenses of administering the employment
of youth fund shall be paid from money in the fund. The treasurer of
state shall invest the money in the employment of youth fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the employment of
youth fund. Money in the employment of youth fund at the end of a
state fiscal year does not revert to the state general fund.
(d) Revenue received from civil penalties under this section shall
be deposited in the employment of youth fund.
(e) All inspectors hired to enforce this chapter shall also be
available to educate affected parties on the purposes and contents of
this 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 section
must:
(1) be consistent with this chapter; and
(2) promote uniformity and efficiency in the administration of
this chapter. As added by P.L.1-2005, SEC.17.
