Title 22, LABOR AND SAFETY

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…

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 firs…

Sec. 14.1. (a) The following definitions apply throughout this section: (1) "Manager or supervisor" means any employee: (A) whose primary duty is managing the enterprise or a customarily recognized department or subdivision of the enterprise; (B) who customarily and regularly dir…

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, con…

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…

Sec. 4. (a) 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 t…

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 …

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 maintai…

Sec. 13. (a) Whenever an injury or death, for which compensation is payable under chapters 2 through 6 of this article shall have been sustained under circumstances creating in some other person than the employer and not in the same employ a legal liability to pay damages in resp…

Sec. 14. (a) As used in this section, "person" does not include: (1) an owner who contracts for performance of work on the owner's owner occupied residential property; or (2) a nonprofit corporation that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue …

Sec. 14.5. (a) As used in this section, "independent contractor" refers to a person described in IC 22-3-6-1(b)(7). (b) As used in this section, "person" means an individual, a proprietorship, a partnership, a joint venture, a firm, an association, a corporation, or other legal e…

Sec. 15. (a) No contract, agreement (written or implied), rule, or other device shall, in any manner, operate to relieve any employer in whole or in part of any obligation created by IC 22-3-2 through IC 22-3-6. However, nothing in IC 22-3-2 through IC 22-3-6 shall be construed a…

Sec. 16. All rights of compensation granted by IC 22-3-2 through IC 22-3-6 shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor. Formerly: Acts 1929, c.172, s.16. As amended by P.L.…

Sec. 17. (a) Except as provided in subsection (b), no claims for compensation under IC 22-3-2 through IC 22-3-6 shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors. (b) Compensation awards under IC 22-3-2 through IC 22-3-6 ar…

Sec. 18. The provisions of IC 22-3-2 through IC 22-3-6 shall apply to the state, to all political divisions thereof, to all municipal corporations within the state, to persons, partnerships, limited liability companies, and corporations engaged in mining coal, and to the employee…

Sec. 19. IC 22-3-2 through IC 22-3-6 shall not apply to employees and employers engaged in interstate or foreign commerce wherein the laws of the United States provide for compensation or for liability for injury or death by accident to such employees. Formerly: Acts 1929, c.172,…

Sec. 2. (a) Every employer and every employee, except as stated in IC 22-3-2 through IC 22-3-6, shall comply with the provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of…

Sec. 2.1. (a) As used in this section, "rostered volunteer" means a volunteer: (1) whose name has been entered on a roster of volunteers for a volunteer program operated by a unit; and (2) who has been approved by the proper authorities of the unit. The term does not include a vo…

Sec. 2.3. (a) As used in this section, "volunteer worker" means a person who: (1) performs services: (A) for a state institution (as defined in IC 12-7-2.1-318); and (B) for which the person does not receive compensation of any nature; and (2) has been approved and accepted as a …

Sec. 2.6. (a) As used in this section, "work based learning program" has the meaning set forth in IC 20-20.5-11.5-3. (b) Except as provided in subsection (c), a student who performs services for an employer as part of a work based learning program: (1) is entitled to compensation…

Sec. 20. Every employer and employee under IC 22-3-2 through IC 22-3-6 shall be bound by the provisions of IC 22-3-2 through IC 22-3-6 whether injury by accident or death resulting from such injury occurs within the state or in some other state or in a foreign country. Formerly: …

Sec. 21. The provisions of IC 22-3-2 through IC 22-3-6 shall not apply to injuries or death nor to accident which occurred prior to May 21, 1929. Formerly: Acts 1929, c.172, s.21. As amended by P.L.144-1986, SEC.30.

Sec. 22. (a) Each employer subject to IC 22-3-2 through IC 22-3-6 shall post a notice in the employer's place of business to inform the employees that their employment is covered by worker's compensation. The notice must also contain the name, address, and telephone number of the…

Sec. 4. (a) Every contract of service between any employer and employee covered by IC 22-3-2 through IC 22-3-6, written or implied, in operation on May 21, 1929, or made or implied prior to May 21, 1929, shall, after May 21, 1929, be presumed to continue; and every such contract …

Sec. 5. (a) Every employer who is bound by the compensation provisions of IC 22-3-2 through IC 22-3-6, except the state, counties, townships, cities, towns, school cities, school towns, other municipal corporations, state institutions, state boards, state commissions, banks, trus…

Sec. 6. The rights and remedies granted to an employee subject to IC 22-3-2 through IC 22-3-6 on account of personal injury or death by accident shall exclude all other rights and remedies of such employee, the employee's personal representatives, dependents, or next of kin, at c…

Sec. 7. Nothing in IC 22-3-2 through IC 22-3-6 shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. Formerly: Acts 1929, c.172, s.7. As amended by P.L.144-1986, SEC.24.

Sec. 8. No compensation is allowed for an injury or death due to the employee's knowingly self-inflicted injury, his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the …

Sec. 9. (a) IC 22-3-2 through IC 22-3-6 shall not apply to: (1) casual laborers (as defined in IC 22-3-6-1); (2) farm or agricultural employees; (3) household employees; or (4) a person who enters into an independent contractor agreement with a nonprofit corporation that is recog…

Sec. 1. As used in this article, unless the context clearly requires otherwise, "benefits" means the money payments payable to an eligible individual as provided in this article with respect to his unemployment. Formerly: Acts 1947, c.208, s.201. As amended by P.L.144-1986, SEC.8…

Sec. 10. "Special employment and training services fund" means the special administrative fund created under IC 22-4-25. Formerly: Acts 1947, c.208, s.210. As amended by P.L.144-1986, SEC.91; P.L.18-1987, SEC.22.

Sec. 11. "Department" means the department of workforce development. Formerly: Acts 1947, c.208, s.211. As amended by P.L.18-1987, SEC.23; P.L.21-1995, SEC.63.

Sec. 12. "Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit period. However, for a claim computed in accordance with IC 22-4-22, the base period shall be the base period as outline…

Sec. 12.5. Notwithstanding section 12 of this chapter, for an individual who during the "base period" as defined in that section has received worker's compensation benefits under IC 22-3-3 for a period of fifty-two (52) weeks or less, and as a result has not earned sufficient wag…

Sec. 13. "Calendar quarter" means the period of three (3) consecutive calendar months ending on March 31, June 30, september 30, or December 31: Provided, That for due dates of state unemployment returns in each instance of quarterly return, the date shall be the last day of the …

Sec. 14. Except as provided in IC 22-4-5-3, "week" means a calendar week. Formerly: Acts 1947, c.208, s.214. As amended by P.L.241-1987, SEC.1.

Sec. 15. "Weekly benefit amount" means the amount of benefits an eligible individual would be entitled to receive for a particular week of total unemployment. Formerly: Acts 1947, c.208, s.215.

Sec. 16. "Annual payroll" means the total amount of wages for employment paid by an employer during the twelve (12) consecutive calendar month period ending on the computation date of any calendar year, including wages paid by any other employer whose account has been assumed by …

Sec. 17. Except as provided in IC 22-4-11.5, "computation date" means June 30 of the year preceding the effective date of new rates of contribution. Formerly: Acts 1947, c.208, s.217; Acts 1957, c.299, s.2. As amended by P.L.144-1986, SEC.93; P.L.80-1990, SEC.9; P.L.202-1993, SEC…

Sec. 17.5. "Determination date" means September 30 of each year. As added by P.L.202-1993, SEC.2.

Sec. 18. "Balance" means the amount standing to the credit or debit of the experience account as of the computation date. Formerly: Acts 1947, c.208, s.218; Acts 1953, c.177, s.2.

Sec. 19. "Agency" means any officer, board, commission, or other authority designated by an unemployment insurance law in force in any state or in Canada to administer the unemployment insurance fund for which provision is made by such unemployment insurance law. Formerly: Acts 1…

Sec. 2. "Partial benefits" means the weekly benefit amounts of any eligible individual who is partially and/or part-totally unemployed, less the deductible income as hereinafter defined. Formerly: Acts 1947, c.208, s.202; Acts 1953, c.177, s.1; Acts 1957, c.299, s.15.

Sec. 20. "Jurisdiction" means any state or Canada. Formerly: Acts 1947, c.208, s.220.

Sec. 21. "Benefit period" with respect to any individual means the fifty-two-consecutive-week period beginning with the first week as of which an insured worker first files an initial claim for determination of his insured status, and thereafter the fifty-two-consecutive-week per…

Sec. 22. "Valid claim" means a claim filed by an individual who has established qualifying wage credits and who is totally, partially, or part-totally unemployed; Provided, no individual in a benefit period may file a valid claim for a waiting period or benefit period rights with…