IC 22-2-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the
Minimum Wage Law of 1965. (Formerly: Acts 1965, c.134, s.1.) As amended by P.L.144-1986,
SEC.1.
IC 22-2-2-2 Public policy
Sec. 2. There are persons employed in some occupations in the
state of Indiana at wages insufficient to provide adequate
maintenance for themselves and their families. Such employment
impairs the health, efficiency and well being of the persons so
employed and their families, constitutes unfair competition against
other employees and their employers, threatens the stability of
industry, and requires, in many cases, that income be supplemented
by the payment of public moneys for relief or the provision of other
public or private assistance. Employment of persons at such
insufficient rates of pay threatens the health and well being of the
people of the state of Indiana and injures the economy of the state.
Accordingly, it is hereby declared the policy of the state of
Indiana that such conditions be eliminated as rapidly as practicable
without substantially curtailing opportunities for employment. To
this end, the Minimum Wage Law of 1965 is enacted. (Formerly: Acts 1965, c.134, s.2.)
IC 22-2-2-3 Definitions; exemptions
Sec. 3. As used in this chapter:
"Commissioner" means the commissioner of labor or the
commissioner's authorized representative.
"Department" means the department of labor.
"Occupation" means an industry, trade, business, or class of work
in which employees are gainfully employed.
"Employer" means any individual, partnership, association,
limited liability company, corporation, business trust, the state, or
other governmental agency or political subdivision during any work
week in which they have two (2) or more employees. However, it
shall not include any employer who is subject to the minimum wage
provisions of the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201-209).
"Employee" means any person employed or permitted to work or
perform any service for remuneration or under any contract of hire,
written or oral, express or implied by an employer in any occupation,
but shall not include any of the following:
(a) Persons less than sixteen (16) years of age.
(b) Persons engaged in an independently established trade,
occupation, profession, or business who, in performing the
services in question, are free from control or direction both
under a contract of service and in fact.
(c) Persons performing services not in the course of the
employing unit's trade or business.
(d) Persons employed on a commission basis.
(e) Persons employed by their own parent, spouse, or child.
(f) Members of any religious order performing any service for
that order, any ordained, commissioned, or licensed minister,
priest, rabbi, sexton, or Christian Science reader, and volunteers
performing services for any religious or charitable organization.
(g) Persons performing services as student nurses in the employ
of a hospital or nurses training school while enrolled and
regularly attending classes in a nurses training school chartered
or approved under law, or students performing services in the
employ of persons licensed as both funeral directors and
embalmers as a part of their requirements for apprenticeship to
secure an embalmer's license or a funeral director's license from
the state, or during their attendance at any schools required by
law for securing an embalmer's or funeral director's license.
(h) Persons who have completed a four (4) year course in a
medical school approved by law when employed as interns or
resident physicians by any accredited hospital.
(i) Students performing services for any school, college, or
university in which they are enrolled and are regularly attending
classes.
(j) Persons with physical or mental disabilities performing
services for nonprofit organizations organized primarily for the
purpose of providing employment for persons with disabilities
or for assisting in their therapy and rehabilitation.
(k) Persons employed as insurance producers, insurance
solicitors, and outside salesmen, if all their services are
performed for remuneration solely by commission.
(l) Persons performing services for any camping, recreational,
or guidance facilities operated by a charitable, religious, or
educational nonprofit organization.
(m) Persons engaged in agricultural labor. The term shall
include only services performed:
(1) on a farm, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife;
(2) in the employ of the owner or tenant or other operator of
a farm, in connection with the operation, management,
conservation, improvement, or maintenance of the farm and
its tools and equipment if the major part of the service is
performed on a farm;
(3) in connection with:
(A) the production or harvesting of maple sugar or maple
syrup or any commodity defined as an agricultural
commodity in the Agricultural Marketing Act, as amended
(12 U.S.C. 1141j);
(B) the raising or harvesting of mushrooms;
(C) the hatching of poultry; or
(D) the operation or maintenance of ditches, canals,
reservoirs, or waterways used exclusively for supplying
and storing water for farming purposes; and
(4) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to
storage, to market, or to a carrier for transportation to
market, any agricultural or horticultural commodity, but only
if service is performed as an incident to ordinary farming
operation or, in the case of fruits and vegetables, as an
incident to the preparation of fruits and vegetables for
market. However, this exception shall not apply to services
performed in connection with any agricultural or
horticultural commodity after its delivery to a terminal
market or processor for preparation or distribution for
consumption.
As used in this subdivision, "farm" includes stock, dairy,
poultry, fruit, furbearing animals, and truck farms, nurseries,
orchards, or greenhouses or other similar structures used
primarily for the raising of agricultural or horticultural
commodities.
(n) Those persons employed in executive, administrative, or
professional occupations who have the authority to employ or
discharge and who earn one hundred fifty dollars ($150) or
more a week, and outside salesmen.
(o) Any person not employed for more than four (4) weeks in
any four (4) consecutive three (3) month periods.
(p) Any employee with respect to whom the Interstate
Commerce Commission has power to establish qualifications
and maximum hours of service under the federal Motor Carrier
Act of 1935 (49 U.S.C. 304(3)) or any employee of a carrier
subject to IC 8-2.1. (Formerly: Acts 1965, c.134, s.3; Acts 1967, c.153, s.1.) As amended
by Acts 1977, P.L.259, SEC.1; P.L.37-1985, SEC.27; P.L.246-1985,
SEC.11; P.L.23-1988, SEC.110; P.L.99-1989, SEC.30; P.L.3-1989,
SEC.131; P.L.133-1990, SEC.1; P.L.23-1993, SEC.127; P.L.8-1993,
SEC.270; P.L.178-2003, SEC.8.
IC 22-2-2-4 Rates; discrimination
Sec. 4. (a) Every employer employing four (4) or more employees
during a work week shall:
(1) in any work week beginning on or after July 1, 1968, in
which the employer is subject to the provisions of this chapter,
pay each of the employer's employees wages of not less than
one dollar and twenty-five cents ($1.25) per hour;
(2) in any work week beginning on or after July 1, 1977, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
fifty cents ($1.50) per hour;
(3) in any work week beginning on or after January 1, 1978, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
seventy-five cents ($1.75) per hour; and
(4) in any work week beginning on or after January 1, 1979, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than two dollars ($2)
per hour.
(b) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on and after July
1, 1990, and before October 1, 1998, wages of not less than three
dollars and thirty-five cents ($3.35) per hour.
(c) An employer subject to subsection (b) is permitted to apply a
"tip credit" in determining the amount of cash wage paid to tipped
employees. In determining the wage an employer is required to pay
a tipped employee, the amount paid the employee by the employee's
employer shall be an amount equal to:
(1) the cash wage paid the employee, which for purposes of the
determination shall be not less than the cash wage required to
be paid to employees covered under the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 203(m)(1)) on
August 20, 1996, which amount is two dollars and thirteen cents
($2.13) an hour; and
(2) an additional amount on account of the tips received by the
employee, which amount is equal to the difference between the
wage specified in subdivision (1) and the wage in effect under
subsections (b), (f), (g), and (h).
An employer is responsible for supporting the amount of tip credit
taken through reported tips by the employees.
(d) No employer having employees subject to any provisions of
this section shall discriminate, within any establishment in which
employees are employed, between employees on the basis of sex by
paying to employees in such establishment a rate less than the rate at
which the employer pays wages to employees of the opposite sex in
such establishment for equal work on jobs the performance of which
requires equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where such
payment is made pursuant to:
(1) a seniority system;
(2) a merit system;
(3) a system which measures earnings by quantity or quality of
production; or
(4) a differential based on any other factor other than sex.
(e) An employer who is paying a wage rate differential in
violation of subsection (d) shall not, in order to comply with
subsection (d), reduce the wage rate of any employee, and no labor
organization, or its agents, representing employees of an employer
having employees subject to subsection (d) shall cause or attempt to
cause such an employer to discriminate against an employee in
violation of subsection (d).
(f) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after
October 1, 1998, and before March 1, 1999, wages of not less than
four dollars and twenty-five cents ($4.25) per hour.
(g) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after March
1, 1999, and before July 1, 2007, wages of not less than five dollars
and fifteen cents ($5.15) an hour.
(h) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after June
30, 2007, wages of not less than the minimum wage payable under
the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201 et seq.).
(i) This section does not apply if an employee:
(1) provides companionship services to the aged and infirm (as
defined in 29 CFR 552.6); and
(2) is employed by an employer or agency other than the family
or household using the companionship services, as provided in
29 CFR 552.109 (a).
(j) This subsection applies only to an employee who has not
attained the age of twenty (20) years. Instead of the rates prescribed
by subsections (c), (f), (g), and (h), an employer may pay an
employee of the employer, during the first ninety (90) consecutive
calendar days after the employee is initially employed by the
employer, a wage which is not less than:
(1) four dollars and twenty-five cents ($4.25) per hour, effective
March 1, 1999; and
(2) the amount payable under the federal Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 201 et seq.), during the
first ninety (90) consecutive calendar days after initial
employment to an employee who has not attained twenty (20)
years of age, effective July 1, 2007.
However, no employer may take any action to displace employees
(including partial displacements such as reduction in hours, wages,
or employment benefits) for purposes of hiring individuals at the
wage authorized in this subsection.
(k) Except as otherwise provided in this section, no employer
shall employ any employee for a work week longer than forty (40)
hours unless the employee receives compensation for employment in
excess of the hours above specified at a rate not less than one and
one-half (1.5) times the regular rate at which the employee is
employed.
(l) For purposes of this section the following apply:
(1) "Overtime compensation" means the compensation required
by subsection (k).
(2) "Compensatory time" and "compensatory time off" mean
hours during which an employee is not working, which are not
counted as hours worked during the applicable work week or
other work period for purposes of overtime compensation, and
for which the employee is compensated at the employee's
regular rate.
(3) "Regular rate" means the rate at which an employee is
employed is considered to include all remuneration for
employment paid to, or on behalf of, the employee, but is not
considered to include the following:
(A) Sums paid as gifts, payments in the nature of gifts made
at Christmas time or on other special occasions, as a reward
for service, the amounts of which are not measured by or
dependent on hours worked, production, or efficiency.
(B) Payments made for occasional periods when no work is
performed due to vacation, holiday, illness, failure of the
employer to provide sufficient work, or other similar cause,
reasonable payments for traveling expenses, or other
expenses, incurred by an employee in the furtherance of the
employer's interests and properly reimbursable by the
employer, and other similar payments to an employee which
are not made as compensation for the employee's hours of
employment.
(C) Sums paid in recognition of services performed during
a given period if:
(i) both the fact that payment is to be made and the amount
of the payment are determined at the sole discretion of the
employer at or near the end of the period and not pursuant
to any prior contract, agreement, or promise causing the
employee to expect the payments regularly;
(ii) the payments are made pursuant to a bona fide profit
sharing plan or trust or bona fide thrift or savings plan,
meeting the requirements of the administrator set forth in
appropriately issued regulations, having due regard among
other relevant factors, to the extent to which the amounts
paid to the employee are determined without regard to
hours of work, production, or efficiency; or
(iii) the payments are talent fees paid to performers,
including announcers, on radio and television programs.
(D) Contributions irrevocably made by an employer to a
trustee or third person pursuant to a bona fide plan for
providing old age, retirement, life, accident, or health
insurance or similar benefits for employees.
(E) Extra compensation provided by a premium rate paid for
certain hours worked by the employee in any day or work
week because those hours are hours worked in excess of
eight (8) in a day or in excess of the maximum work week
applicable to the employee under subsection (k) or in excess
of the employee's normal working hours or regular working
hours, as the case may be.
(F) Extra compensation provided by a premium rate paid for
work by the employee on Saturdays, Sundays, holidays, or
regular days of rest, or on the sixth or seventh day of the
work week, where the premium rate is not less than one and
one-half (1.5) times the rate established in good faith for like
work performed in nonovertime hours on other days.
(G) Extra compensation provided by a premium rate paid to
the employee, in pursuance of an applicable employment
contract or collective bargaining agreement, for work outside
of the hours established in good faith by the contract or
agreement as the basic, normal, or regular workday (not
exceeding eight (8) hours) or work week (not exceeding the
maximum work week applicable to the employee under
subsection (k)) where the premium rate is not less than one
and one-half (1.5) times the rate established in good faith by
the contract or agreement for like work performed during the
workday or work week.
(m) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of that
specified in subsection (k) without paying the compensation for
overtime employment prescribed therein if the employee is so
employed:
(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
no employee shall be employed more than one thousand forty
(1,040) hours during any period of twenty-six (26) consecutive
weeks; or
(2) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
during a specified period of fifty-two (52) consecutive weeks
the employee shall be employed not more than two thousand
two hundred forty (2,240) hours and shall be guaranteed not
less than one thousand eight hundred forty (1,840) hours (or not
less than forty-six (46) weeks at the normal number of hours
worked per week, but not less than thirty (30) hours per week)
and not more than two thousand eighty (2,080) hours of
employment for which the employee shall receive compensation
for all hours guaranteed or worked at rates not less than those
applicable under the agreement to the work performed and for
all hours in excess of the guaranty which are also in excess of
the maximum work week applicable to the employee under
subsection (k) or two thousand eighty (2,080) in that period at
rates not less than one and one-half (1.5) times the regular rate
at which the employee is employed.
(n) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under subsection
(k) if the employee is employed pursuant to a bona fide individual
contract, or pursuant to an agreement made as a result of collective
bargaining by representatives of employees, if the duties of the
employee necessitate irregular hours of work, and the contract or
agreement includes the following:
(1) Specifies a regular rate of pay of not less than the minimum
hourly rate provided in subsections (c), (h), and (j) (whichever
is applicable) and compensation at not less than one and
one-half (1.5) times that rate for all hours worked in excess of
the maximum work week.
(2) Provides a weekly guaranty of pay for not more than sixty
(60) hours based on the rates so specified.
(o) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under that
subsection if, pursuant to an agreement or understanding arrived at
between the employer and the employee before performance of the
work, the amount paid to the employee for the number of hours
worked by the employee in the work week in excess of the maximum
work week applicable to the employee under that subsection:
(1) in the case of an employee employed at piece rates, is
computed at piece rates not less than one and one-half (1.5)
times the bona fide piece rates applicable to the same work
when performed during nonovertime hours;
(2) in the case of an employee performing two (2) or more kinds
of work for which different hourly or piece rates have been
established, is computed at rates not less than one and one-half
(1.5) times those bona fide rates applicable to the same work
when performed during nonovertime hours; or
(3) is computed at a rate not less than one and one-half (1.5)
times the rate established by the agreement or understanding as
the basic rate to be used in computing overtime compensation
thereunder, provided that the rate so established shall be
substantially equivalent to the average hourly earnings of the
employee, exclusive of overtime premiums, in the particular
work over a representative period of time;
and if the employee's average hourly earnings for the work week
exclusive of payments described in this section are not less than the
minimum hourly rate required by applicable law, and extra overtime
compensation is properly computed and paid on other forms of
additional pay required to be included in computing the regular rate.
(p) Extra compensation paid as described in this section shall be
creditable toward overtime compensation payable pursuant to this
section.
(q) No employer shall be considered to have violated subsection
(k) by employing any employee of a retail or service establishment
for a work week in excess of the applicable work week specified
therein, if:
(1) the regular rate of pay of the employee is in excess of one
and one-half (1.5) times the minimum hourly rate applicable to
the employee under section 2 of this chapter; and
(2) more than half of the employee's compensation for a
representative period (not less than one (1) month) represents
commissions on goods or services.
In determining the proportion of compensation representing
commissions, all earnings resulting from the application of a bona
fide commission rate shall be considered commissions on goods or
services without regard to whether the computed commissions
exceed the draw or guarantee.
(r) No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care
of the sick, the aged, or individuals with a mental illness or defect
who reside on the premises shall be considered to have violated
subsection (k) if, pursuant to an agreement or understanding arrived
at between the employer and the employee before performance of the
work, a work period of fourteen (14) consecutive days is accepted in
lieu of the work week of seven (7) consecutive days for purposes of
overtime computation and if, for the employee's employment in
excess of eight (8) hours in any workday and in excess of eighty (80)
hours in that fourteen (14) day period, the employee receives
compensation at a rate not less than one and one-half (1.5) times the
regular rate at which the employee is employed.
(s) No employer shall employ any employee in domestic service
in one (1) or more households for a work week longer than forty (40)
hours unless the employee receives compensation for that
employment in accordance with subsection (k).
(t) In the case of an employee of an employer engaged in the
business of operating a street, a suburban or interurban electric
railway, or a local trolley or motorbus carrier (regardless of whether
or not the railway or carrier is public or private or operated for profit
or not for profit), in determining the hours of employment of such an
employee to which the rate prescribed by subsection (k) applies,
there shall be excluded the hours the employee was employed in
charter activities by the employer if both of the following apply:
(1) The employee's employment in the charter activities was
pursuant to an agreement or understanding with the employer
arrived at before engaging in that employment.
(2) If employment in the charter activities is not part of the
employee's regular employment.
(u) Any employer may employ any employee for a period or
periods of not more than ten (10) hours in the aggregate in any work
week in excess of the maximum work week specified in subsection
(k) without paying the compensation for overtime employment
prescribed in subsection (k), if during that period or periods the
employee is receiving remedial education that:
(1) is provided to employees who lack a high school diploma or
educational attainment at the eighth grade level;
(2) is designed to provide reading and other basic skills at an
eighth grade level or below; and
(3) does not include job specific training.
(v) Subsection (k) does not apply to an employee of a motion
picture theater.
(w) Subsection (k) does not apply to an employee of a seasonal
amusement or recreational establishment, an organized camp, or a
religious or nonprofit educational conference center that is exempt
under the federal Fair Labor Standards Act of 1938, as amended (29
U.S.C. 213). (Formerly: Acts 1965, c.134, s.4; Acts 1967, c.153, s.2.) As amended
by Acts 1977, P.L.259, SEC.2; P.L.19-1986, SEC.38; P.L.133-1990,
SEC.2; P.L.39-1998, SEC.1; P.L.1-1999, SEC.53; P.L.234-1999,
SEC.6; P.L.99-2007, SEC.182; P.L.165-2007, SEC.1.
IC 22-2-2-5
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-6
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-7
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-8 Statement of hours and wages; furnishing employees; posting law
Sec. 8. (a) Every employer subject to the provisions of this
chapter or to any rule or order issued under this chapter shall each
pay period furnish to each employee a statement that includes at least
the following information:
(1) The hours worked by the employee.
(2) The wages paid to the employee.
(3) A listing of the deductions made.
(b) An employer shall furnish to the commissioner upon demand
a sworn statement of the information furnished to an employee under
subsection (a). Records relating to the information furnished shall be
open to inspection by the commissioner, the commissioner's deputy,
or any authorized agent of the department at any reasonable time.
(c) Every employer subject to the provisions of this chapter or to
any rule or order issued under this chapter shall post in a
conspicuous place in the area where employees are employed a
single page poster providing employees notice of the following
information:
(1) The current Indiana minimum wage.
(2) An employee's basic rights under Indiana's minimum wage
law.
(3) Contact information to inform an employee how to obtain
additional information from or to direct questions or complaints
to the Indiana department of labor.
(d) The commissioner shall furnish copies of this chapter and the
rules and orders to employers without charge upon request. (Formerly: Acts 1965, c.134, s.8.) As amended by P.L.144-1986,
SEC.2; P.L.48-2009, SEC.1.
IC 22-2-2-9 Actions and proceedings; damages; limitation of actions; defenses
Sec. 9. Any employer who violates the provisions of section 4 of
this chapter shall be liable to the employee or employees affected in
the amount of their unpaid minimum wages and in an equal
additional amount as liquidated damages. Action to recover such
liability may be maintained within three (3) years after the cause of
action therefor arises in the circuit or superior court of the county in
which the services out of which the claim arises were performed or
in which the defendant resides or transacts business. Such action may
be brought by any one (1) or more employees for and on behalf of
himself or themselves and all other employees of the same employer
who are similarly situated. No employee shall be a party plaintiff to
any such action unless he gives his consent in writing to become such
a party and such consent is filed in the court in which such action is
brought. The court in such action shall, in addition to any judgment
awarded to the plaintiffs, allow recovery of a reasonable attorney's
fee and costs of the action. No contract or agreement between the
employee and the employer nor any acceptance of a lesser wage by
the employee shall be a defense to the action. (Formerly: Acts 1965, c.134, s.9.) As amended by P.L.144-1986,
SEC.3.
IC 22-2-2-10 Other statutes; application of law
Sec. 10. Nothing in this chapter shall be deemed to authorize or
permit the payment to any employee of a lower rate of pay than may
be prescribed by any other applicable law. (Formerly: Acts 1965, c.134, s.10.) As amended by P.L.144-1986,
SEC.4.
IC 22-2-2-11 Violations
Sec. 11. (a) An employer or his agent who:
(1) discharges or otherwise discriminates in regard to tenure or
condition of employment against any employee because the
employee has:
(A) instituted or participated in the institution of any action
to recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum
wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction.
(b) An employer or the employer's agent who knowingly or
intentionally violates section 4 or 8 of this chapter commits a Class
A infraction.
(c) An employer or the employer's agent who violates section 4 of
this chapter, having a prior unrelated judgment for a violation of
section 4 of this chapter, commits a Class B misdemeanor.
(d) An employer or the employer's agent who violates section 8 of
this chapter, having a prior unrelated judgment for a violation of
section 8 of this chapter, commits a Class B misdemeanor. (Formerly: Acts 1965, c.134, s.11.) As amended by Acts 1978, P.L.2,
SEC.2202; P.L.37-1985, SEC.28; P.L.133-1990, SEC.3.
IC 22-2-2-12 Discharging persons within four weeks; offense
Sec. 12. An employer who consistently discharges persons within
four (4) weeks of their employment and replaces the discharged
person without work stoppage commits a Class A infraction. (Formerly: Acts 1965, c.134, s.14; Acts 1967, c.153, s.4.) As
amended by Acts 1977, P.L.259, SEC.3; Acts 1978, P.L.2, SEC.2203;
P.L.133-1990, SEC.4.
IC 22-2-2-13 Collective bargaining agreements; applicability
Sec. 13. The equal pay provisions of section 4 of this chapter shall
not apply to employees covered by a bona fide collective bargaining
agreement in effect on March 2, 1965, until the termination of such
collective bargaining agreement or July 1, 1968, whichever shall
occur first. (Formerly: Acts 1965, c.134, s.15; Acts 1967, c.153, s.5.) As
amended by P.L.144-1986, SEC.5.
IC 22-2-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the
Minimum Wage Law of 1965. (Formerly: Acts 1965, c.134, s.1.) As amended by P.L.144-1986,
SEC.1.
IC 22-2-2-2 Public policy
Sec. 2. There are persons employed in some occupations in the
state of Indiana at wages insufficient to provide adequate
maintenance for themselves and their families. Such employment
impairs the health, efficiency and well being of the persons so
employed and their families, constitutes unfair competition against
other employees and their employers, threatens the stability of
industry, and requires, in many cases, that income be supplemented
by the payment of public moneys for relief or the provision of other
public or private assistance. Employment of persons at such
insufficient rates of pay threatens the health and well being of the
people of the state of Indiana and injures the economy of the state.
Accordingly, it is hereby declared the policy of the state of
Indiana that such conditions be eliminated as rapidly as practicable
without substantially curtailing opportunities for employment. To
this end, the Minimum Wage Law of 1965 is enacted. (Formerly: Acts 1965, c.134, s.2.)
IC 22-2-2-3 Definitions; exemptions
Sec. 3. As used in this chapter:
"Commissioner" means the commissioner of labor or the
commissioner's authorized representative.
"Department" means the department of labor.
"Occupation" means an industry, trade, business, or class of work
in which employees are gainfully employed.
"Employer" means any individual, partnership, association,
limited liability company, corporation, business trust, the state, or
other governmental agency or political subdivision during any work
week in which they have two (2) or more employees. However, it
shall not include any employer who is subject to the minimum wage
provisions of the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201-209).
"Employee" means any person employed or permitted to work or
perform any service for remuneration or under any contract of hire,
written or oral, express or implied by an employer in any occupation,
but shall not include any of the following:
(a) Persons less than sixteen (16) years of age.
(b) Persons engaged in an independently established trade,
occupation, profession, or business who, in performing the
services in question, are free from control or direction both
under a contract of service and in fact.
(c) Persons performing services not in the course of the
employing unit's trade or business.
(d) Persons employed on a commission basis.
(e) Persons employed by their own parent, spouse, or child.
(f) Members of any religious order performing any service for
that order, any ordained, commissioned, or licensed minister,
priest, rabbi, sexton, or Christian Science reader, and volunteers
performing services for any religious or charitable organization.
(g) Persons performing services as student nurses in the employ
of a hospital or nurses training school while enrolled and
regularly attending classes in a nurses training school chartered
or approved under law, or students performing services in the
employ of persons licensed as both funeral directors and
embalmers as a part of their requirements for apprenticeship to
secure an embalmer's license or a funeral director's license from
the state, or during their attendance at any schools required by
law for securing an embalmer's or funeral director's license.
(h) Persons who have completed a four (4) year course in a
medical school approved by law when employed as interns or
resident physicians by any accredited hospital.
(i) Students performing services for any school, college, or
university in which they are enrolled and are regularly attending
classes.
(j) Persons with physical or mental disabilities performing
services for nonprofit organizations organized primarily for the
purpose of providing employment for persons with disabilities
or for assisting in their therapy and rehabilitation.
(k) Persons employed as insurance producers, insurance
solicitors, and outside salesmen, if all their services are
performed for remuneration solely by commission.
(l) Persons performing services for any camping, recreational,
or guidance facilities operated by a charitable, religious, or
educational nonprofit organization.
(m) Persons engaged in agricultural labor. The term shall
include only services performed:
(1) on a farm, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife;
(2) in the employ of the owner or tenant or other operator of
a farm, in connection with the operation, management,
conservation, improvement, or maintenance of the farm and
its tools and equipment if the major part of the service is
performed on a farm;
(3) in connection with:
(A) the production or harvesting of maple sugar or maple
syrup or any commodity defined as an agricultural
commodity in the Agricultural Marketing Act, as amended
(12 U.S.C. 1141j);
(B) the raising or harvesting of mushrooms;
(C) the hatching of poultry; or
(D) the operation or maintenance of ditches, canals,
reservoirs, or waterways used exclusively for supplying
and storing water for farming purposes; and
(4) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to
storage, to market, or to a carrier for transportation to
market, any agricultural or horticultural commodity, but only
if service is performed as an incident to ordinary farming
operation or, in the case of fruits and vegetables, as an
incident to the preparation of fruits and vegetables for
market. However, this exception shall not apply to services
performed in connection with any agricultural or
horticultural commodity after its delivery to a terminal
market or processor for preparation or distribution for
consumption.
As used in this subdivision, "farm" includes stock, dairy,
poultry, fruit, furbearing animals, and truck farms, nurseries,
orchards, or greenhouses or other similar structures used
primarily for the raising of agricultural or horticultural
commodities.
(n) Those persons employed in executive, administrative, or
professional occupations who have the authority to employ or
discharge and who earn one hundred fifty dollars ($150) or
more a week, and outside salesmen.
(o) Any person not employed for more than four (4) weeks in
any four (4) consecutive three (3) month periods.
(p) Any employee with respect to whom the Interstate
Commerce Commission has power to establish qualifications
and maximum hours of service under the federal Motor Carrier
Act of 1935 (49 U.S.C. 304(3)) or any employee of a carrier
subject to IC 8-2.1. (Formerly: Acts 1965, c.134, s.3; Acts 1967, c.153, s.1.) As amended
by Acts 1977, P.L.259, SEC.1; P.L.37-1985, SEC.27; P.L.246-1985,
SEC.11; P.L.23-1988, SEC.110; P.L.99-1989, SEC.30; P.L.3-1989,
SEC.131; P.L.133-1990, SEC.1; P.L.23-1993, SEC.127; P.L.8-1993,
SEC.270; P.L.178-2003, SEC.8.
IC 22-2-2-4 Rates; discrimination
Sec. 4. (a) Every employer employing four (4) or more employees
during a work week shall:
(1) in any work week beginning on or after July 1, 1968, in
which the employer is subject to the provisions of this chapter,
pay each of the employer's employees wages of not less than
one dollar and twenty-five cents ($1.25) per hour;
(2) in any work week beginning on or after July 1, 1977, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
fifty cents ($1.50) per hour;
(3) in any work week beginning on or after January 1, 1978, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
seventy-five cents ($1.75) per hour; and
(4) in any work week beginning on or after January 1, 1979, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than two dollars ($2)
per hour.
(b) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on and after July
1, 1990, and before October 1, 1998, wages of not less than three
dollars and thirty-five cents ($3.35) per hour.
(c) An employer subject to subsection (b) is permitted to apply a
"tip credit" in determining the amount of cash wage paid to tipped
employees. In determining the wage an employer is required to pay
a tipped employee, the amount paid the employee by the employee's
employer shall be an amount equal to:
(1) the cash wage paid the employee, which for purposes of the
determination shall be not less than the cash wage required to
be paid to employees covered under the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 203(m)(1)) on
August 20, 1996, which amount is two dollars and thirteen cents
($2.13) an hour; and
(2) an additional amount on account of the tips received by the
employee, which amount is equal to the difference between the
wage specified in subdivision (1) and the wage in effect under
subsections (b), (f), (g), and (h).
An employer is responsible for supporting the amount of tip credit
taken through reported tips by the employees.
(d) No employer having employees subject to any provisions of
this section shall discriminate, within any establishment in which
employees are employed, between employees on the basis of sex by
paying to employees in such establishment a rate less than the rate at
which the employer pays wages to employees of the opposite sex in
such establishment for equal work on jobs the performance of which
requires equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where such
payment is made pursuant to:
(1) a seniority system;
(2) a merit system;
(3) a system which measures earnings by quantity or quality of
production; or
(4) a differential based on any other factor other than sex.
(e) An employer who is paying a wage rate differential in
violation of subsection (d) shall not, in order to comply with
subsection (d), reduce the wage rate of any employee, and no labor
organization, or its agents, representing employees of an employer
having employees subject to subsection (d) shall cause or attempt to
cause such an employer to discriminate against an employee in
violation of subsection (d).
(f) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after
October 1, 1998, and before March 1, 1999, wages of not less than
four dollars and twenty-five cents ($4.25) per hour.
(g) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after March
1, 1999, and before July 1, 2007, wages of not less than five dollars
and fifteen cents ($5.15) an hour.
(h) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after June
30, 2007, wages of not less than the minimum wage payable under
the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201 et seq.).
(i) This section does not apply if an employee:
(1) provides companionship services to the aged and infirm (as
defined in 29 CFR 552.6); and
(2) is employed by an employer or agency other than the family
or household using the companionship services, as provided in
29 CFR 552.109 (a).
(j) This subsection applies only to an employee who has not
attained the age of twenty (20) years. Instead of the rates prescribed
by subsections (c), (f), (g), and (h), an employer may pay an
employee of the employer, during the first ninety (90) consecutive
calendar days after the employee is initially employed by the
employer, a wage which is not less than:
(1) four dollars and twenty-five cents ($4.25) per hour, effective
March 1, 1999; and
(2) the amount payable under the federal Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 201 et seq.), during the
first ninety (90) consecutive calendar days after initial
employment to an employee who has not attained twenty (20)
years of age, effective July 1, 2007.
However, no employer may take any action to displace employees
(including partial displacements such as reduction in hours, wages,
or employment benefits) for purposes of hiring individuals at the
wage authorized in this subsection.
(k) Except as otherwise provided in this section, no employer
shall employ any employee for a work week longer than forty (40)
hours unless the employee receives compensation for employment in
excess of the hours above specified at a rate not less than one and
one-half (1.5) times the regular rate at which the employee is
employed.
(l) For purposes of this section the following apply:
(1) "Overtime compensation" means the compensation required
by subsection (k).
(2) "Compensatory time" and "compensatory time off" mean
hours during which an employee is not working, which are not
counted as hours worked during the applicable work week or
other work period for purposes of overtime compensation, and
for which the employee is compensated at the employee's
regular rate.
(3) "Regular rate" means the rate at which an employee is
employed is considered to include all remuneration for
employment paid to, or on behalf of, the employee, but is not
considered to include the following:
(A) Sums paid as gifts, payments in the nature of gifts made
at Christmas time or on other special occasions, as a reward
for service, the amounts of which are not measured by or
dependent on hours worked, production, or efficiency.
(B) Payments made for occasional periods when no work is
performed due to vacation, holiday, illness, failure of the
employer to provide sufficient work, or other similar cause,
reasonable payments for traveling expenses, or other
expenses, incurred by an employee in the furtherance of the
employer's interests and properly reimbursable by the
employer, and other similar payments to an employee which
are not made as compensation for the employee's hours of
employment.
(C) Sums paid in recognition of services performed during
a given period if:
(i) both the fact that payment is to be made and the amount
of the payment are determined at the sole discretion of the
employer at or near the end of the period and not pursuant
to any prior contract, agreement, or promise causing the
employee to expect the payments regularly;
(ii) the payments are made pursuant to a bona fide profit
sharing plan or trust or bona fide thrift or savings plan,
meeting the requirements of the administrator set forth in
appropriately issued regulations, having due regard among
other relevant factors, to the extent to which the amounts
paid to the employee are determined without regard to
hours of work, production, or efficiency; or
(iii) the payments are talent fees paid to performers,
including announcers, on radio and television programs.
(D) Contributions irrevocably made by an employer to a
trustee or third person pursuant to a bona fide plan for
providing old age, retirement, life, accident, or health
insurance or similar benefits for employees.
(E) Extra compensation provided by a premium rate paid for
certain hours worked by the employee in any day or work
week because those hours are hours worked in excess of
eight (8) in a day or in excess of the maximum work week
applicable to the employee under subsection (k) or in excess
of the employee's normal working hours or regular working
hours, as the case may be.
(F) Extra compensation provided by a premium rate paid for
work by the employee on Saturdays, Sundays, holidays, or
regular days of rest, or on the sixth or seventh day of the
work week, where the premium rate is not less than one and
one-half (1.5) times the rate established in good faith for like
work performed in nonovertime hours on other days.
(G) Extra compensation provided by a premium rate paid to
the employee, in pursuance of an applicable employment
contract or collective bargaining agreement, for work outside
of the hours established in good faith by the contract or
agreement as the basic, normal, or regular workday (not
exceeding eight (8) hours) or work week (not exceeding the
maximum work week applicable to the employee under
subsection (k)) where the premium rate is not less than one
and one-half (1.5) times the rate established in good faith by
the contract or agreement for like work performed during the
workday or work week.
(m) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of that
specified in subsection (k) without paying the compensation for
overtime employment prescribed therein if the employee is so
employed:
(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
no employee shall be employed more than one thousand forty
(1,040) hours during any period of twenty-six (26) consecutive
weeks; or
(2) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
during a specified period of fifty-two (52) consecutive weeks
the employee shall be employed not more than two thousand
two hundred forty (2,240) hours and shall be guaranteed not
less than one thousand eight hundred forty (1,840) hours (or not
less than forty-six (46) weeks at the normal number of hours
worked per week, but not less than thirty (30) hours per week)
and not more than two thousand eighty (2,080) hours of
employment for which the employee shall receive compensation
for all hours guaranteed or worked at rates not less than those
applicable under the agreement to the work performed and for
all hours in excess of the guaranty which are also in excess of
the maximum work week applicable to the employee under
subsection (k) or two thousand eighty (2,080) in that period at
rates not less than one and one-half (1.5) times the regular rate
at which the employee is employed.
(n) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under subsection
(k) if the employee is employed pursuant to a bona fide individual
contract, or pursuant to an agreement made as a result of collective
bargaining by representatives of employees, if the duties of the
employee necessitate irregular hours of work, and the contract or
agreement includes the following:
(1) Specifies a regular rate of pay of not less than the minimum
hourly rate provided in subsections (c), (h), and (j) (whichever
is applicable) and compensation at not less than one and
one-half (1.5) times that rate for all hours worked in excess of
the maximum work week.
(2) Provides a weekly guaranty of pay for not more than sixty
(60) hours based on the rates so specified.
(o) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under that
subsection if, pursuant to an agreement or understanding arrived at
between the employer and the employee before performance of the
work, the amount paid to the employee for the number of hours
worked by the employee in the work week in excess of the maximum
work week applicable to the employee under that subsection:
(1) in the case of an employee employed at piece rates, is
computed at piece rates not less than one and one-half (1.5)
times the bona fide piece rates applicable to the same work
when performed during nonovertime hours;
(2) in the case of an employee performing two (2) or more kinds
of work for which different hourly or piece rates have been
established, is computed at rates not less than one and one-half
(1.5) times those bona fide rates applicable to the same work
when performed during nonovertime hours; or
(3) is computed at a rate not less than one and one-half (1.5)
times the rate established by the agreement or understanding as
the basic rate to be used in computing overtime compensation
thereunder, provided that the rate so established shall be
substantially equivalent to the average hourly earnings of the
employee, exclusive of overtime premiums, in the particular
work over a representative period of time;
and if the employee's average hourly earnings for the work week
exclusive of payments described in this section are not less than the
minimum hourly rate required by applicable law, and extra overtime
compensation is properly computed and paid on other forms of
additional pay required to be included in computing the regular rate.
(p) Extra compensation paid as described in this section shall be
creditable toward overtime compensation payable pursuant to this
section.
(q) No employer shall be considered to have violated subsection
(k) by employing any employee of a retail or service establishment
for a work week in excess of the applicable work week specified
therein, if:
(1) the regular rate of pay of the employee is in excess of one
and one-half (1.5) times the minimum hourly rate applicable to
the employee under section 2 of this chapter; and
(2) more than half of the employee's compensation for a
representative period (not less than one (1) month) represents
commissions on goods or services.
In determining the proportion of compensation representing
commissions, all earnings resulting from the application of a bona
fide commission rate shall be considered commissions on goods or
services without regard to whether the computed commissions
exceed the draw or guarantee.
(r) No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care
of the sick, the aged, or individuals with a mental illness or defect
who reside on the premises shall be considered to have violated
subsection (k) if, pursuant to an agreement or understanding arrived
at between the employer and the employee before performance of the
work, a work period of fourteen (14) consecutive days is accepted in
lieu of the work week of seven (7) consecutive days for purposes of
overtime computation and if, for the employee's employment in
excess of eight (8) hours in any workday and in excess of eighty (80)
hours in that fourteen (14) day period, the employee receives
compensation at a rate not less than one and one-half (1.5) times the
regular rate at which the employee is employed.
(s) No employer shall employ any employee in domestic service
in one (1) or more households for a work week longer than forty (40)
hours unless the employee receives compensation for that
employment in accordance with subsection (k).
(t) In the case of an employee of an employer engaged in the
business of operating a street, a suburban or interurban electric
railway, or a local trolley or motorbus carrier (regardless of whether
or not the railway or carrier is public or private or operated for profit
or not for profit), in determining the hours of employment of such an
employee to which the rate prescribed by subsection (k) applies,
there shall be excluded the hours the employee was employed in
charter activities by the employer if both of the following apply:
(1) The employee's employment in the charter activities was
pursuant to an agreement or understanding with the employer
arrived at before engaging in that employment.
(2) If employment in the charter activities is not part of the
employee's regular employment.
(u) Any employer may employ any employee for a period or
periods of not more than ten (10) hours in the aggregate in any work
week in excess of the maximum work week specified in subsection
(k) without paying the compensation for overtime employment
prescribed in subsection (k), if during that period or periods the
employee is receiving remedial education that:
(1) is provided to employees who lack a high school diploma or
educational attainment at the eighth grade level;
(2) is designed to provide reading and other basic skills at an
eighth grade level or below; and
(3) does not include job specific training.
(v) Subsection (k) does not apply to an employee of a motion
picture theater.
(w) Subsection (k) does not apply to an employee of a seasonal
amusement or recreational establishment, an organized camp, or a
religious or nonprofit educational conference center that is exempt
under the federal Fair Labor Standards Act of 1938, as amended (29
U.S.C. 213). (Formerly: Acts 1965, c.134, s.4; Acts 1967, c.153, s.2.) As amended
by Acts 1977, P.L.259, SEC.2; P.L.19-1986, SEC.38; P.L.133-1990,
SEC.2; P.L.39-1998, SEC.1; P.L.1-1999, SEC.53; P.L.234-1999,
SEC.6; P.L.99-2007, SEC.182; P.L.165-2007, SEC.1.
IC 22-2-2-5
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-6
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-7
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-8 Statement of hours and wages; furnishing employees; posting law
Sec. 8. (a) Every employer subject to the provisions of this
chapter or to any rule or order issued under this chapter shall each
pay period furnish to each employee a statement that includes at least
the following information:
(1) The hours worked by the employee.
(2) The wages paid to the employee.
(3) A listing of the deductions made.
(b) An employer shall furnish to the commissioner upon demand
a sworn statement of the information furnished to an employee under
subsection (a). Records relating to the information furnished shall be
open to inspection by the commissioner, the commissioner's deputy,
or any authorized agent of the department at any reasonable time.
(c) Every employer subject to the provisions of this chapter or to
any rule or order issued under this chapter shall post in a
conspicuous place in the area where employees are employed a
single page poster providing employees notice of the following
information:
(1) The current Indiana minimum wage.
(2) An employee's basic rights under Indiana's minimum wage
law.
(3) Contact information to inform an employee how to obtain
additional information from or to direct questions or complaints
to the Indiana department of labor.
(d) The commissioner shall furnish copies of this chapter and the
rules and orders to employers without charge upon request. (Formerly: Acts 1965, c.134, s.8.) As amended by P.L.144-1986,
SEC.2; P.L.48-2009, SEC.1.
IC 22-2-2-9 Actions and proceedings; damages; limitation of actions; defenses
Sec. 9. Any employer who violates the provisions of section 4 of
this chapter shall be liable to the employee or employees affected in
the amount of their unpaid minimum wages and in an equal
additional amount as liquidated damages. Action to recover such
liability may be maintained within three (3) years after the cause of
action therefor arises in the circuit or superior court of the county in
which the services out of which the claim arises were performed or
in which the defendant resides or transacts business. Such action may
be brought by any one (1) or more employees for and on behalf of
himself or themselves and all other employees of the same employer
who are similarly situated. No employee shall be a party plaintiff to
any such action unless he gives his consent in writing to become such
a party and such consent is filed in the court in which such action is
brought. The court in such action shall, in addition to any judgment
awarded to the plaintiffs, allow recovery of a reasonable attorney's
fee and costs of the action. No contract or agreement between the
employee and the employer nor any acceptance of a lesser wage by
the employee shall be a defense to the action. (Formerly: Acts 1965, c.134, s.9.) As amended by P.L.144-1986,
SEC.3.
IC 22-2-2-10 Other statutes; application of law
Sec. 10. Nothing in this chapter shall be deemed to authorize or
permit the payment to any employee of a lower rate of pay than may
be prescribed by any other applicable law. (Formerly: Acts 1965, c.134, s.10.) As amended by P.L.144-1986,
SEC.4.
IC 22-2-2-11 Violations
Sec. 11. (a) An employer or his agent who:
(1) discharges or otherwise discriminates in regard to tenure or
condition of employment against any employee because the
employee has:
(A) instituted or participated in the institution of any action
to recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum
wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction.
(b) An employer or the employer's agent who knowingly or
intentionally violates section 4 or 8 of this chapter commits a Class
A infraction.
(c) An employer or the employer's agent who violates section 4 of
this chapter, having a prior unrelated judgment for a violation of
section 4 of this chapter, commits a Class B misdemeanor.
(d) An employer or the employer's agent who violates section 8 of
this chapter, having a prior unrelated judgment for a violation of
section 8 of this chapter, commits a Class B misdemeanor. (Formerly: Acts 1965, c.134, s.11.) As amended by Acts 1978, P.L.2,
SEC.2202; P.L.37-1985, SEC.28; P.L.133-1990, SEC.3.
IC 22-2-2-12 Discharging persons within four weeks; offense
Sec. 12. An employer who consistently discharges persons within
four (4) weeks of their employment and replaces the discharged
person without work stoppage commits a Class A infraction. (Formerly: Acts 1965, c.134, s.14; Acts 1967, c.153, s.4.) As
amended by Acts 1977, P.L.259, SEC.3; Acts 1978, P.L.2, SEC.2203;
P.L.133-1990, SEC.4.
IC 22-2-2-13 Collective bargaining agreements; applicability
Sec. 13. The equal pay provisions of section 4 of this chapter shall
not apply to employees covered by a bona fide collective bargaining
agreement in effect on March 2, 1965, until the termination of such
collective bargaining agreement or July 1, 1968, whichever shall
occur first. (Formerly: Acts 1965, c.134, s.15; Acts 1967, c.153, s.5.) As
amended by P.L.144-1986, SEC.5.
IC 22-2-2-1 Short title
Sec. 1. This chapter shall be known and may be cited as the
Minimum Wage Law of 1965. (Formerly: Acts 1965, c.134, s.1.) As amended by P.L.144-1986,
SEC.1.
IC 22-2-2-2 Public policy
Sec. 2. There are persons employed in some occupations in the
state of Indiana at wages insufficient to provide adequate
maintenance for themselves and their families. Such employment
impairs the health, efficiency and well being of the persons so
employed and their families, constitutes unfair competition against
other employees and their employers, threatens the stability of
industry, and requires, in many cases, that income be supplemented
by the payment of public moneys for relief or the provision of other
public or private assistance. Employment of persons at such
insufficient rates of pay threatens the health and well being of the
people of the state of Indiana and injures the economy of the state.
Accordingly, it is hereby declared the policy of the state of
Indiana that such conditions be eliminated as rapidly as practicable
without substantially curtailing opportunities for employment. To
this end, the Minimum Wage Law of 1965 is enacted. (Formerly: Acts 1965, c.134, s.2.)
IC 22-2-2-3 Definitions; exemptions
Sec. 3. As used in this chapter:
"Commissioner" means the commissioner of labor or the
commissioner's authorized representative.
"Department" means the department of labor.
"Occupation" means an industry, trade, business, or class of work
in which employees are gainfully employed.
"Employer" means any individual, partnership, association,
limited liability company, corporation, business trust, the state, or
other governmental agency or political subdivision during any work
week in which they have two (2) or more employees. However, it
shall not include any employer who is subject to the minimum wage
provisions of the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201-209).
"Employee" means any person employed or permitted to work or
perform any service for remuneration or under any contract of hire,
written or oral, express or implied by an employer in any occupation,
but shall not include any of the following:
(a) Persons less than sixteen (16) years of age.
(b) Persons engaged in an independently established trade,
occupation, profession, or business who, in performing the
services in question, are free from control or direction both
under a contract of service and in fact.
(c) Persons performing services not in the course of the
employing unit's trade or business.
(d) Persons employed on a commission basis.
(e) Persons employed by their own parent, spouse, or child.
(f) Members of any religious order performing any service for
that order, any ordained, commissioned, or licensed minister,
priest, rabbi, sexton, or Christian Science reader, and volunteers
performing services for any religious or charitable organization.
(g) Persons performing services as student nurses in the employ
of a hospital or nurses training school while enrolled and
regularly attending classes in a nurses training school chartered
or approved under law, or students performing services in the
employ of persons licensed as both funeral directors and
embalmers as a part of their requirements for apprenticeship to
secure an embalmer's license or a funeral director's license from
the state, or during their attendance at any schools required by
law for securing an embalmer's or funeral director's license.
(h) Persons who have completed a four (4) year course in a
medical school approved by law when employed as interns or
resident physicians by any accredited hospital.
(i) Students performing services for any school, college, or
university in which they are enrolled and are regularly attending
classes.
(j) Persons with physical or mental disabilities performing
services for nonprofit organizations organized primarily for the
purpose of providing employment for persons with disabilities
or for assisting in their therapy and rehabilitation.
(k) Persons employed as insurance producers, insurance
solicitors, and outside salesmen, if all their services are
performed for remuneration solely by commission.
(l) Persons performing services for any camping, recreational,
or guidance facilities operated by a charitable, religious, or
educational nonprofit organization.
(m) Persons engaged in agricultural labor. The term shall
include only services performed:
(1) on a farm, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife;
(2) in the employ of the owner or tenant or other operator of
a farm, in connection with the operation, management,
conservation, improvement, or maintenance of the farm and
its tools and equipment if the major part of the service is
performed on a farm;
(3) in connection with:
(A) the production or harvesting of maple sugar or maple
syrup or any commodity defined as an agricultural
commodity in the Agricultural Marketing Act, as amended
(12 U.S.C. 1141j);
(B) the raising or harvesting of mushrooms;
(C) the hatching of poultry; or
(D) the operation or maintenance of ditches, canals,
reservoirs, or waterways used exclusively for supplying
and storing water for farming purposes; and
(4) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to
storage, to market, or to a carrier for transportation to
market, any agricultural or horticultural commodity, but only
if service is performed as an incident to ordinary farming
operation or, in the case of fruits and vegetables, as an
incident to the preparation of fruits and vegetables for
market. However, this exception shall not apply to services
performed in connection with any agricultural or
horticultural commodity after its delivery to a terminal
market or processor for preparation or distribution for
consumption.
As used in this subdivision, "farm" includes stock, dairy,
poultry, fruit, furbearing animals, and truck farms, nurseries,
orchards, or greenhouses or other similar structures used
primarily for the raising of agricultural or horticultural
commodities.
(n) Those persons employed in executive, administrative, or
professional occupations who have the authority to employ or
discharge and who earn one hundred fifty dollars ($150) or
more a week, and outside salesmen.
(o) Any person not employed for more than four (4) weeks in
any four (4) consecutive three (3) month periods.
(p) Any employee with respect to whom the Interstate
Commerce Commission has power to establish qualifications
and maximum hours of service under the federal Motor Carrier
Act of 1935 (49 U.S.C. 304(3)) or any employee of a carrier
subject to IC 8-2.1. (Formerly: Acts 1965, c.134, s.3; Acts 1967, c.153, s.1.) As amended
by Acts 1977, P.L.259, SEC.1; P.L.37-1985, SEC.27; P.L.246-1985,
SEC.11; P.L.23-1988, SEC.110; P.L.99-1989, SEC.30; P.L.3-1989,
SEC.131; P.L.133-1990, SEC.1; P.L.23-1993, SEC.127; P.L.8-1993,
SEC.270; P.L.178-2003, SEC.8.
IC 22-2-2-4 Rates; discrimination
Sec. 4. (a) Every employer employing four (4) or more employees
during a work week shall:
(1) in any work week beginning on or after July 1, 1968, in
which the employer is subject to the provisions of this chapter,
pay each of the employer's employees wages of not less than
one dollar and twenty-five cents ($1.25) per hour;
(2) in any work week beginning on or after July 1, 1977, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
fifty cents ($1.50) per hour;
(3) in any work week beginning on or after January 1, 1978, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than one dollar and
seventy-five cents ($1.75) per hour; and
(4) in any work week beginning on or after January 1, 1979, in
which the employer is subject to this chapter, pay each of the
employer's employees wages of not less than two dollars ($2)
per hour.
(b) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on and after July
1, 1990, and before October 1, 1998, wages of not less than three
dollars and thirty-five cents ($3.35) per hour.
(c) An employer subject to subsection (b) is permitted to apply a
"tip credit" in determining the amount of cash wage paid to tipped
employees. In determining the wage an employer is required to pay
a tipped employee, the amount paid the employee by the employee's
employer shall be an amount equal to:
(1) the cash wage paid the employee, which for purposes of the
determination shall be not less than the cash wage required to
be paid to employees covered under the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 203(m)(1)) on
August 20, 1996, which amount is two dollars and thirteen cents
($2.13) an hour; and
(2) an additional amount on account of the tips received by the
employee, which amount is equal to the difference between the
wage specified in subdivision (1) and the wage in effect under
subsections (b), (f), (g), and (h).
An employer is responsible for supporting the amount of tip credit
taken through reported tips by the employees.
(d) No employer having employees subject to any provisions of
this section shall discriminate, within any establishment in which
employees are employed, between employees on the basis of sex by
paying to employees in such establishment a rate less than the rate at
which the employer pays wages to employees of the opposite sex in
such establishment for equal work on jobs the performance of which
requires equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where such
payment is made pursuant to:
(1) a seniority system;
(2) a merit system;
(3) a system which measures earnings by quantity or quality of
production; or
(4) a differential based on any other factor other than sex.
(e) An employer who is paying a wage rate differential in
violation of subsection (d) shall not, in order to comply with
subsection (d), reduce the wage rate of any employee, and no labor
organization, or its agents, representing employees of an employer
having employees subject to subsection (d) shall cause or attempt to
cause such an employer to discriminate against an employee in
violation of subsection (d).
(f) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after
October 1, 1998, and before March 1, 1999, wages of not less than
four dollars and twenty-five cents ($4.25) per hour.
(g) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after March
1, 1999, and before July 1, 2007, wages of not less than five dollars
and fifteen cents ($5.15) an hour.
(h) Except as provided in subsections (c) and (j), every employer
employing at least two (2) employees during a work week shall, in
any work week in which the employer is subject to this chapter, pay
each of the employees in any work week beginning on or after June
30, 2007, wages of not less than the minimum wage payable under
the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201 et seq.).
(i) This section does not apply if an employee:
(1) provides companionship services to the aged and infirm (as
defined in 29 CFR 552.6); and
(2) is employed by an employer or agency other than the family
or household using the companionship services, as provided in
29 CFR 552.109 (a).
(j) This subsection applies only to an employee who has not
attained the age of twenty (20) years. Instead of the rates prescribed
by subsections (c), (f), (g), and (h), an employer may pay an
employee of the employer, during the first ninety (90) consecutive
calendar days after the employee is initially employed by the
employer, a wage which is not less than:
(1) four dollars and twenty-five cents ($4.25) per hour, effective
March 1, 1999; and
(2) the amount payable under the federal Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 201 et seq.), during the
first ninety (90) consecutive calendar days after initial
employment to an employee who has not attained twenty (20)
years of age, effective July 1, 2007.
However, no employer may take any action to displace employees
(including partial displacements such as reduction in hours, wages,
or employment benefits) for purposes of hiring individuals at the
wage authorized in this subsection.
(k) Except as otherwise provided in this section, no employer
shall employ any employee for a work week longer than forty (40)
hours unless the employee receives compensation for employment in
excess of the hours above specified at a rate not less than one and
one-half (1.5) times the regular rate at which the employee is
employed.
(l) For purposes of this section the following apply:
(1) "Overtime compensation" means the compensation required
by subsection (k).
(2) "Compensatory time" and "compensatory time off" mean
hours during which an employee is not working, which are not
counted as hours worked during the applicable work week or
other work period for purposes of overtime compensation, and
for which the employee is compensated at the employee's
regular rate.
(3) "Regular rate" means the rate at which an employee is
employed is considered to include all remuneration for
employment paid to, or on behalf of, the employee, but is not
considered to include the following:
(A) Sums paid as gifts, payments in the nature of gifts made
at Christmas time or on other special occasions, as a reward
for service, the amounts of which are not measured by or
dependent on hours worked, production, or efficiency.
(B) Payments made for occasional periods when no work is
performed due to vacation, holiday, illness, failure of the
employer to provide sufficient work, or other similar cause,
reasonable payments for traveling expenses, or other
expenses, incurred by an employee in the furtherance of the
employer's interests and properly reimbursable by the
employer, and other similar payments to an employee which
are not made as compensation for the employee's hours of
employment.
(C) Sums paid in recognition of services performed during
a given period if:
(i) both the fact that payment is to be made and the amount
of the payment are determined at the sole discretion of the
employer at or near the end of the period and not pursuant
to any prior contract, agreement, or promise causing the
employee to expect the payments regularly;
(ii) the payments are made pursuant to a bona fide profit
sharing plan or trust or bona fide thrift or savings plan,
meeting the requirements of the administrator set forth in
appropriately issued regulations, having due regard among
other relevant factors, to the extent to which the amounts
paid to the employee are determined without regard to
hours of work, production, or efficiency; or
(iii) the payments are talent fees paid to performers,
including announcers, on radio and television programs.
(D) Contributions irrevocably made by an employer to a
trustee or third person pursuant to a bona fide plan for
providing old age, retirement, life, accident, or health
insurance or similar benefits for employees.
(E) Extra compensation provided by a premium rate paid for
certain hours worked by the employee in any day or work
week because those hours are hours worked in excess of
eight (8) in a day or in excess of the maximum work week
applicable to the employee under subsection (k) or in excess
of the employee's normal working hours or regular working
hours, as the case may be.
(F) Extra compensation provided by a premium rate paid for
work by the employee on Saturdays, Sundays, holidays, or
regular days of rest, or on the sixth or seventh day of the
work week, where the premium rate is not less than one and
one-half (1.5) times the rate established in good faith for like
work performed in nonovertime hours on other days.
(G) Extra compensation provided by a premium rate paid to
the employee, in pursuance of an applicable employment
contract or collective bargaining agreement, for work outside
of the hours established in good faith by the contract or
agreement as the basic, normal, or regular workday (not
exceeding eight (8) hours) or work week (not exceeding the
maximum work week applicable to the employee under
subsection (k)) where the premium rate is not less than one
and one-half (1.5) times the rate established in good faith by
the contract or agreement for like work performed during the
workday or work week.
(m) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of that
specified in subsection (k) without paying the compensation for
overtime employment prescribed therein if the employee is so
employed:
(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
no employee shall be employed more than one thousand forty
(1,040) hours during any period of twenty-six (26) consecutive
weeks; or
(2) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona
fide by the National Labor Relations Board, which provides that
during a specified period of fifty-two (52) consecutive weeks
the employee shall be employed not more than two thousand
two hundred forty (2,240) hours and shall be guaranteed not
less than one thousand eight hundred forty (1,840) hours (or not
less than forty-six (46) weeks at the normal number of hours
worked per week, but not less than thirty (30) hours per week)
and not more than two thousand eighty (2,080) hours of
employment for which the employee shall receive compensation
for all hours guaranteed or worked at rates not less than those
applicable under the agreement to the work performed and for
all hours in excess of the guaranty which are also in excess of
the maximum work week applicable to the employee under
subsection (k) or two thousand eighty (2,080) in that period at
rates not less than one and one-half (1.5) times the regular rate
at which the employee is employed.
(n) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under subsection
(k) if the employee is employed pursuant to a bona fide individual
contract, or pursuant to an agreement made as a result of collective
bargaining by representatives of employees, if the duties of the
employee necessitate irregular hours of work, and the contract or
agreement includes the following:
(1) Specifies a regular rate of pay of not less than the minimum
hourly rate provided in subsections (c), (h), and (j) (whichever
is applicable) and compensation at not less than one and
one-half (1.5) times that rate for all hours worked in excess of
the maximum work week.
(2) Provides a weekly guaranty of pay for not more than sixty
(60) hours based on the rates so specified.
(o) No employer shall be considered to have violated subsection
(k) by employing any employee for a work week in excess of the
maximum work week applicable to the employee under that
subsection if, pursuant to an agreement or understanding arrived at
between the employer and the employee before performance of the
work, the amount paid to the employee for the number of hours
worked by the employee in the work week in excess of the maximum
work week applicable to the employee under that subsection:
(1) in the case of an employee employed at piece rates, is
computed at piece rates not less than one and one-half (1.5)
times the bona fide piece rates applicable to the same work
when performed during nonovertime hours;
(2) in the case of an employee performing two (2) or more kinds
of work for which different hourly or piece rates have been
established, is computed at rates not less than one and one-half
(1.5) times those bona fide rates applicable to the same work
when performed during nonovertime hours; or
(3) is computed at a rate not less than one and one-half (1.5)
times the rate established by the agreement or understanding as
the basic rate to be used in computing overtime compensation
thereunder, provided that the rate so established shall be
substantially equivalent to the average hourly earnings of the
employee, exclusive of overtime premiums, in the particular
work over a representative period of time;
and if the employee's average hourly earnings for the work week
exclusive of payments described in this section are not less than the
minimum hourly rate required by applicable law, and extra overtime
compensation is properly computed and paid on other forms of
additional pay required to be included in computing the regular rate.
(p) Extra compensation paid as described in this section shall be
creditable toward overtime compensation payable pursuant to this
section.
(q) No employer shall be considered to have violated subsection
(k) by employing any employee of a retail or service establishment
for a work week in excess of the applicable work week specified
therein, if:
(1) the regular rate of pay of the employee is in excess of one
and one-half (1.5) times the minimum hourly rate applicable to
the employee under section 2 of this chapter; and
(2) more than half of the employee's compensation for a
representative period (not less than one (1) month) represents
commissions on goods or services.
In determining the proportion of compensation representing
commissions, all earnings resulting from the application of a bona
fide commission rate shall be considered commissions on goods or
services without regard to whether the computed commissions
exceed the draw or guarantee.
(r) No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care
of the sick, the aged, or individuals with a mental illness or defect
who reside on the premises shall be considered to have violated
subsection (k) if, pursuant to an agreement or understanding arrived
at between the employer and the employee before performance of the
work, a work period of fourteen (14) consecutive days is accepted in
lieu of the work week of seven (7) consecutive days for purposes of
overtime computation and if, for the employee's employment in
excess of eight (8) hours in any workday and in excess of eighty (80)
hours in that fourteen (14) day period, the employee receives
compensation at a rate not less than one and one-half (1.5) times the
regular rate at which the employee is employed.
(s) No employer shall employ any employee in domestic service
in one (1) or more households for a work week longer than forty (40)
hours unless the employee receives compensation for that
employment in accordance with subsection (k).
(t) In the case of an employee of an employer engaged in the
business of operating a street, a suburban or interurban electric
railway, or a local trolley or motorbus carrier (regardless of whether
or not the railway or carrier is public or private or operated for profit
or not for profit), in determining the hours of employment of such an
employee to which the rate prescribed by subsection (k) applies,
there shall be excluded the hours the employee was employed in
charter activities by the employer if both of the following apply:
(1) The employee's employment in the charter activities was
pursuant to an agreement or understanding with the employer
arrived at before engaging in that employment.
(2) If employment in the charter activities is not part of the
employee's regular employment.
(u) Any employer may employ any employee for a period or
periods of not more than ten (10) hours in the aggregate in any work
week in excess of the maximum work week specified in subsection
(k) without paying the compensation for overtime employment
prescribed in subsection (k), if during that period or periods the
employee is receiving remedial education that:
(1) is provided to employees who lack a high school diploma or
educational attainment at the eighth grade level;
(2) is designed to provide reading and other basic skills at an
eighth grade level or below; and
(3) does not include job specific training.
(v) Subsection (k) does not apply to an employee of a motion
picture theater.
(w) Subsection (k) does not apply to an employee of a seasonal
amusement or recreational establishment, an organized camp, or a
religious or nonprofit educational conference center that is exempt
under the federal Fair Labor Standards Act of 1938, as amended (29
U.S.C. 213). (Formerly: Acts 1965, c.134, s.4; Acts 1967, c.153, s.2.) As amended
by Acts 1977, P.L.259, SEC.2; P.L.19-1986, SEC.38; P.L.133-1990,
SEC.2; P.L.39-1998, SEC.1; P.L.1-1999, SEC.53; P.L.234-1999,
SEC.6; P.L.99-2007, SEC.182; P.L.165-2007, SEC.1.
IC 22-2-2-5
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-6
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-7
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-2-2-8 Statement of hours and wages; furnishing employees; posting law
Sec. 8. (a) Every employer subject to the provisions of this
chapter or to any rule or order issued under this chapter shall each
pay period furnish to each employee a statement that includes at least
the following information:
(1) The hours worked by the employee.
(2) The wages paid to the employee.
(3) A listing of the deductions made.
(b) An employer shall furnish to the commissioner upon demand
a sworn statement of the information furnished to an employee under
subsection (a). Records relating to the information furnished shall be
open to inspection by the commissioner, the commissioner's deputy,
or any authorized agent of the department at any reasonable time.
(c) Every employer subject to the provisions of this chapter or to
any rule or order issued under this chapter shall post in a
conspicuous place in the area where employees are employed a
single page poster providing employees notice of the following
information:
(1) The current Indiana minimum wage.
(2) An employee's basic rights under Indiana's minimum wage
law.
(3) Contact information to inform an employee how to obtain
additional information from or to direct questions or complaints
to the Indiana department of labor.
(d) The commissioner shall furnish copies of this chapter and the
rules and orders to employers without charge upon request. (Formerly: Acts 1965, c.134, s.8.) As amended by P.L.144-1986,
SEC.2; P.L.48-2009, SEC.1.
IC 22-2-2-9 Actions and proceedings; damages; limitation of actions; defenses
Sec. 9. Any employer who violates the provisions of section 4 of
this chapter shall be liable to the employee or employees affected in
the amount of their unpaid minimum wages and in an equal
additional amount as liquidated damages. Action to recover such
liability may be maintained within three (3) years after the cause of
action therefor arises in the circuit or superior court of the county in
which the services out of which the claim arises were performed or
in which the defendant resides or transacts business. Such action may
be brought by any one (1) or more employees for and on behalf of
himself or themselves and all other employees of the same employer
who are similarly situated. No employee shall be a party plaintiff to
any such action unless he gives his consent in writing to become such
a party and such consent is filed in the court in which such action is
brought. The court in such action shall, in addition to any judgment
awarded to the plaintiffs, allow recovery of a reasonable attorney's
fee and costs of the action. No contract or agreement between the
employee and the employer nor any acceptance of a lesser wage by
the employee shall be a defense to the action. (Formerly: Acts 1965, c.134, s.9.) As amended by P.L.144-1986,
SEC.3.
IC 22-2-2-10 Other statutes; application of law
Sec. 10. Nothing in this chapter shall be deemed to authorize or
permit the payment to any employee of a lower rate of pay than may
be prescribed by any other applicable law. (Formerly: Acts 1965, c.134, s.10.) As amended by P.L.144-1986,
SEC.4.
IC 22-2-2-11 Violations
Sec. 11. (a) An employer or his agent who:
(1) discharges or otherwise discriminates in regard to tenure or
condition of employment against any employee because the
employee has:
(A) instituted or participated in the institution of any action
to recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum
wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction.
(b) An employer or the employer's agent who knowingly or
intentionally violates section 4 or 8 of this chapter commits a Class
A infraction.
(c) An employer or the employer's agent who violates section 4 of
this chapter, having a prior unrelated judgment for a violation of
section 4 of this chapter, commits a Class B misdemeanor.
(d) An employer or the employer's agent who violates section 8 of
this chapter, having a prior unrelated judgment for a violation of
section 8 of this chapter, commits a Class B misdemeanor. (Formerly: Acts 1965, c.134, s.11.) As amended by Acts 1978, P.L.2,
SEC.2202; P.L.37-1985, SEC.28; P.L.133-1990, SEC.3.
IC 22-2-2-12 Discharging persons within four weeks; offense
Sec. 12. An employer who consistently discharges persons within
four (4) weeks of their employment and replaces the discharged
person without work stoppage commits a Class A infraction. (Formerly: Acts 1965, c.134, s.14; Acts 1967, c.153, s.4.) As
amended by Acts 1977, P.L.259, SEC.3; Acts 1978, P.L.2, SEC.2203;
P.L.133-1990, SEC.4.
IC 22-2-2-13 Collective bargaining agreements; applicability
Sec. 13. The equal pay provisions of section 4 of this chapter shall
not apply to employees covered by a bona fide collective bargaining
agreement in effect on March 2, 1965, until the termination of such
collective bargaining agreement or July 1, 1968, whichever shall
occur first. (Formerly: Acts 1965, c.134, s.15; Acts 1967, c.153, s.5.) As
amended by P.L.144-1986, SEC.5.
