Title 22, LABOR AND SAFETY

Sec. 13. (a) A placement agency: (1) must provide a consumer with a consumer notice each time a home care services worker is placed in the home of the consumer; and (2) is not required to provide a consumer notice when a new or different home care services worker is substituting …

Sec. 14. A consumer notice must include the following: (1) The duties, responsibilities, and obligations of the placement agency to the: (A) home care services worker; and (B) consumer. (2) A statement identifying the placement agency as: (A) an employer; (B) a joint employer; (C…

Sec. 15. The failure of a placement agency to provide a consumer notice to the consumer at the time a home care services worker is placed in the consumer's home does not relieve a consumer from the duties or obligations as an employer. If a placement agency fails to provide a con…

Sec. 16. A placement agency that will not be the actual employer of the home care services worker shall provide a worker notice as set forth in section 17 of this chapter to a home care services worker who is placed with a consumer. The worker notice must: (1) be provided to the …

Sec. 17. The worker notice referred to in section 16 of this chapter must contain the following: (1) The duties, responsibilities, and obligations of the placement agency, the consumer, and the home care services worker if the home care services worker is determined to be an inde…

Sec. 18. The department may at any time and upon receiving a complaint from an interested person investigate an alleged violation of this chapter by a placement agency. As added by P.L.212-2005, SEC.19.

Sec. 19. The department may impose a civil penalty not to exceed one thousand dollars ($1,000) against a placement agency that fails to provide a worker notice or a consumer notice at the times required under section 13 or 16 of this chapter. The civil penalty may be assessed by …

Sec. 2. As used in this chapter, "companion type services" refers to services described in IC 12-10-17.1-2(2). As added by P.L.212-2005, SEC.19. Amended by P.L.141-2006, SEC.103.

Sec. 3. As used in this chapter, "consumer" means an individual who: (1) receives home care services given by a home care services worker in the individual's residence; or (2) pays for and directs the home care services for another individual. As added by P.L.212-2005, SEC.19.…

Sec. 4. As used in this chapter, "consumer notice" means the notice described in section 14 of this chapter. As added by P.L.212-2005, SEC.19.

Sec. 5. As used in this chapter, "department" refers to the department of labor created under IC 22-1-1-1. As added by P.L.212-2005, SEC.19.

Sec. 6. As used in this chapter, "home care services" means skilled and unskilled services provided to an individual at the individual's residence to enable the individual to remain in the residence safely and comfortably. The provision of at least two (2) of the following is inc…

Sec. 7. As used in this chapter, "home care services worker" means an individual performing home care services for compensation. As added by P.L.212-2005, SEC.19.

Sec. 8. As used in this chapter, "homemaker services" means assistance with or performing household tasks that include housekeeping, shopping, laundry, meal planning and preparation, handyman services, and seasonal chores. As added by P.L.212-2005, SEC.19.

Sec. 9. As used in this chapter, "placement agency" means a person engaged in the business of securing home care services employment for an individual or securing a home care services worker for a consumer. The term: (1) includes an employment agency, a nurse registry, and an ent…

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

Sec. 1. (a) Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee. Th…

Sec. 1.1. Salaried employees who are eligible for overtime compensation under the Fair Labor Standards Act (29 U.S.C. 201 et seq.) are specifically exempted from section 1 of this chapter. As added by P.L.143-1988, SEC.1.

Sec. 2. Every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 of this chapter shall be liable to the employee for the amount of unpaid wages, and the amount may be reco…

Sec. 3. The following shall be specifically exempt from the provisions of this chapter: (1) Farmers and those engaged in the business of agriculture and horticulture. (2) Criminal offenders in a facility operated by the department of correction (as established by IC 11-8-2-1) or …

Sec. 1. (a) Every employer under IC 22-3-2 through IC 22-3-6, except those exempted by IC 22-3-2-5, shall: (1) insure and keep insured the employer's liability under IC 22-3-2 through IC 22-3-6 in some corporation, association, or organization authorized to transact the business …

Sec. 2. An employer required to carry insurance under IC 22-3-2-5 and section 1 of this chapter shall file with the worker's compensation board, in the form prescribed by the board, within ten (10) days after the termination of the employer's insurance by expiration or cancellati…

Sec. 2.5. (a) The worker's compensation board is entitled to request that an employer provide the board with current proof of compliance with section 2 of this chapter. (b) If an employer fails or refuses to provide current proof of compliance by the tenth day after the employer …

Sec. 3. (a) Whenever an employer has complied with the provisions of section 1 of this chapter relating to self-insurance, the worker's compensation board shall issue to such employer a certificate which shall remain in force for a period fixed by the board, but the board may upo…

Sec. 4. (a) Subject to the approval of the worker's compensation board, any employer may enter into or continue any agreement with the employer's employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by IC 22-3-2 t…

Sec. 5. (a) No insurer shall enter into or issue any policy of insurance under IC 22-3-2 through IC 22-3-6 until its policy form shall have been submitted to and approved by the department of insurance. (b) All policies of insurance companies and of reciprocal insurance associati…

Sec. 5.5. (a) Each insurer entering into or issuing an insurance policy under IC 22-3-2 through IC 22-3-7 may, as a part of the policy or as an optional endorsement to the policy, offer deductibles or co-insurance, or both, that are optional to the insured for benefits under IC 2…

Sec. 6. (a) The worker's compensation supplemental administrative fund is established for the purpose of carrying out the administrative purposes and functions of the worker's compensation board. (b) The fund consists of: (1) fees collected from employers under sections 1 through…

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.138-2008 apply to initial claims for unemployment filed for weeks that begin after March 14, 2008. As added by P.L.220-2011, SEC.363.

Sec. 1. (a) "Deductible income" wherever used in this article, means income deductible from the weekly benefit amount of an individual in any week, and shall include, but shall not be limited to, any of the following: (1) Remuneration for services from employing units, whether or…

Sec. 2. (a) The payment of dismissal pay or severance pay to an individual separated from employment by an employing unit shall be allocated to the period of time for which such payment is made immediately following the date of separation, and an individual receiving such payment…

Sec. 3. (a) This section applies for purposes of deductible income only. (b) If: (1) an employee and an employing unit have agreed in a labor contract to establish a work week that is a different term of seven (7) days than the calendar week; (2) the employing unit has filed a wr…

Sec. 0.1. The addition of this chapter by P.L.11-1994 applies only to contracts entered into or renewed after March 31, 1994. As added by P.L.220-2011, SEC.368.

Sec. 1. The employment contract of a person who: (1) works with children; and (2) is convicted of: (A) rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age; (B) criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) year…

Sec. 1. (a) This chapter applies to any election that is required or permitted by Indiana or federal law for the designation, authorization, or retention of employee representation. (b) This chapter does not apply to the extent that it conflicts with: (1) the federal National Lab…

Sec. 2. The right of any individual to vote by secret ballot in an election is guaranteed. As added by P.L.192-2011, SEC.1.

Sec. 3. The right of any employer to engage in a campaign in connection with an election is guaranteed. As added by P.L.192-2011, SEC.1.

Sec. 4. The results of an election that violates this chapter are void. As added by P.L.192-2011, SEC.1.

Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following: (1) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. (2) Qualified readers, taped texts, or other effec…

Sec. 10. (a) During the time beginning July 26, 1992, and ending July 25, 1994, as used in this chapter, "employer" means a person engaged in an industry affecting commerce that has at least twenty-five (25) employees for each working day in each of at least twenty (20) calendar …

Sec. 11. As used in this chapter, "employment agency" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 12. As used in this chapter, "illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional,…

Sec. 13. As used in this chapter, "industry affecting commerce" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 14. As used in this chapter, "labor organization" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 15. As used in this chapter, "person" has the meaning set forth in Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). As added by P.L.111-1992, SEC.4.

Sec. 16. As used in this chapter, "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of…