SB 409

  • Indiana Senate Bill
  • 2020 Regular Session
  • Introduced in Senate
  • Passed Senate Feb 04, 2020
  • Passed House Mar 03, 2020
  • Signed by Governor Mar 21, 2020

Employment of minors.

Abstract

Moves provisions on employment of students from Title 20 (Education) to Title 22 (Labor and Safety). Provides that a minor who is at least 14 years of age and less than 16 years of age: (1) may not work before 7 a.m. or after 7 p.m.; and (2) may work until 9 p.m. from June 1 through Labor Day except on a day that precedes a school day when the minor may only work until 7 p.m. (Current law provides that a child who is at least 14 years of age and less than 16 years of age may not work before 7 a.m. or after 7 p.m. on a day that precedes a school day or after 10 p.m. on a day that does not precede a school day.) Provides that a minor who is at least 16 years of age and less than 18 years of age: (1) may not work for more than nine hours in any one day, 40 hours in a school week, 48 hours in a nonschool week, and six days in any one week; (2) may not begin a work day before 6 a.m.; (3) may work in certain occupations until 10 p.m. on nights that are followed by a school day; and (4) may work until 11 p.m. on a night followed by a school day with written permission from the minor's parent. (Current law: (1) provides that a child who is at least 16 years of age and less than 17 years of age: (A) may not work for more than eight hours in any one day, 30 hours in any one week, and six days in any one week; (B) may not begin a work day before 6 a.m.; and (C) may work until 11 p.m. on a night followed by a school day with written permission from the child's parent; (2) provides that a child who is at least 17 years of age and less than 18 years of age: (A) may not work for more than eight hours in any one day, 30 hours in any one week, and six days in any one week; (B) may not begin a work day before 6 a.m. on a school day; and (C) may work until 11:30 p.m. on nights that are followed by a school day and 1 a.m. on a following day with written permission from the child's parent; and (3) allows a child who is at least 16 years of age and less than 18 years of age to be employed for up to 40 hours during a school week, not exceeding nine hours in any one day, and a total of 48 hours in any one nonschool week with written permission from the child's parent.) Provides that an employer may notify the issuing officer if the minor's employment terminates. (Current law provides that an employer must notify the issuing officer.) Removes provisions: (1) requiring rest breaks for a child who is less than 18 years of age; (2) prohibiting employment of a child who is less than 18 years of age from 7:30 a.m. to 3:30 p.m. unless the child presents a written exception from the child's school; (3) prohibiting a child who is less than 18 years of age from working after 10 p.m. or before 6 a.m. in an establishment that is open to the public unless another employee at least 18 years of age works in the establishment during the same hours as the child, so long as the establishment is open to the public before 6 a.m. or after 10 p.m.; (4) requiring a child less than 18 years of age who is not a resident of Indiana, a minor who is a resident but attends a nonpublic school that employs less than one employee, or a minor who is a resident but is enrolled in a career and technical education program as approved by the Indiana state board of education to obtain an employment certificate; (5) allowing the state board of education the ability to revoke a employment certificate; and (6) providing that the state board of education adopt rules and approve forms related to employment certificates. Provides that the transfer in the bill of provisions related to employment certificates and employment of minors from Title 20 (Education) to Title 22 (Labor and Safety) expires June 30, 2021. Provides that after June 30, 2021, certain provisions that were transferred to Title 22 are transferred and relocated to a new chapter within Title 22, including provisions related to: (1) the maximum number of hours a minor may be employed or permitted to work each day of the week and the hours beginning and ending each day; (2) civil penalties; and (3) age restrictions. Renames the bureau of child labor to the "bureau of youth employment". Replaces the term "child labor" throughout the Indiana Code. Provides that a principal of a school may send notice to the bureau of youth employment and the bureau of motor vehicles to revoke the student's employment certificate and driver's license or learner's permit. (Current law provides that the principal must send notice.) Provides that the Indiana department of labor may establish recommendations for rest breaks. Requires certain employers to register with the Indiana department of labor. Provides that the labor education and youth employment fund shall be used for the expenses of hiring and salaries of additional inspectors to enforce the new chapter, including developing and maintaining the data base, and any remaining funds may be used for the purposes of education and awarding grants to provide educational programs. Requires the Indiana department of labor to prepare a report outlining a plan to develop and maintain a data base displaying certain employers that employ minors by August 1, 2020, and develop the data base by July 1, 2021. Removes provisions that allow an employer to pay an employee who has not attained the age of 20 years, during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage which is not less than the amount payable under the federal Fair Labor Standards Act of 1938. Provides that a minor less than 16 years of age may not be employed or permitted to work during school hours. Provides that a minor may not work in an establishment that is open to the public after 10 p.m. or before 6 a.m. unless another employer who is at least 18 years of age also works with the minor so long as the establishment is open to the public before 6 a.m. or after 10 p.m. Makes conforming changes.

Bill Sponsors (8)

Votes


Actions


Mar 21, 2020

Senate

Public Law 147

Office of the Governor

Signed by the Governor

Mar 18, 2020

Senate

Signed by the President of the Senate

Mar 16, 2020

House

Signed by the Speaker

Mar 09, 2020

Senate

Signed by the President Pro Tempore

Mar 05, 2020

Senate

Senate concurred in House amendments; Roll Call 343: yeas 39, nays 3

Senate

Senator Ford J.D. removed as coauthor

Mar 04, 2020

Senate

Motion to concur filed

House

Returned to the Senate with amendments

Mar 03, 2020

House

Third reading: passed; Roll Call 297: yeas 89, nays 4

Mar 02, 2020

House

Amendment #7 (Negele) prevailed; voice vote

House

Second reading: amended, ordered engrossed

House

Amendment #5 (Pryor) failed; Roll Call 258: yeas 29, nays 62

House

Amendment #8 (Errington) failed; Roll Call 259: yeas 33, nays 58

House

Amendment #2 (Deal) failed; voice vote

House

Amendment #6 (Huston) prevailed; voice vote

Feb 25, 2020

House

Committee report: amend do pass, adopted

Feb 20, 2020

House

Representative VanNatter added as cosponsor

Feb 11, 2020

House

First reading: referred to Committee on Employment, Labor and Pensions

  • Reading-1
  • Referral-Committee
employment, labor and pensions

Feb 05, 2020

Senate

Referred to the House

Feb 04, 2020

Senate

Senator Spartz added as coauthor

Senate

Senator Ford J.D. added as coauthor

Senate

Cosponsor: Representative Goodrich

Senate

House sponsor: Representative Lyness

Senate

Third reading: passed; Roll Call 186: yeas 48, nays 1

Feb 03, 2020

Senate

Amendment #2 (Tallian) prevailed; voice vote

Senate

Amendment #1 (Tallian) prevailed; voice vote

Senate

Senator Raatz added as coauthor

Senate

Second reading: amended, ordered engrossed

Senate

Amendment #6 (Ford J.D.) prevailed; voice vote

Senate

Amendment #5 (Tallian) prevailed; voice vote

Senate

Amendment #3 (Tallian) prevailed; voice vote

Jan 30, 2020

Senate

Committee report: amend do pass, adopted

Jan 27, 2020

Senate

Senator Doriot added as second author

Jan 21, 2020

Senate

Senator Zay added as coauthor

Jan 14, 2020

Senate

First reading: referred to Committee on Pensions and Labor

  • Reading-1
  • Referral-Committee
pensions and labor

Senate

Authored by Senator Messmer

Bill Text

Bill Text Versions Format
Introduced Senate Bill (S) PDF
Senate Bill (S) PDF
Engrossed Senate Bill (H) PDF
Senate Bill (H) PDF
Engrossed Senate Bill (S) PDF
Enrolled Senate Bill (S) PDF

Related Documents

Document Format
Fiscal Note: SB0409.06.ENRH.FN001 PDF
Fiscal Note: SB0409.05.ENGH.FN001 PDF
Fiscal Note: SB0409.05.ENGH.FN002 PDF
Fiscal Note: SB0409.04.COMH.FN001 PDF
Floor Amendment: SB0409.04.COMH.AMH001 PDF
Floor Amendment: SB0409.04.COMH.AMH003 PDF
Floor Amendment: SB0409.04.COMH.AMH004 PDF
Floor Amendment: SB0409.04.COMH.AMH006 PDF
Floor Amendment: SB0409.04.COMH.AMH005 PDF
Floor Amendment: SB0409.04.COMH.AMH007 PDF
Floor Amendment: SB0409.04.COMH.AMH002 PDF
Floor Amendment: SB0409.04.COMH.AMH008 PDF
Committee Report: SB0409.03.ENGS.CRH001 PDF
Fiscal Note: SB0409.03.ENGS.FN001 PDF
Fiscal Note: SB0409.03.ENGS.FN002 PDF
Fiscal Note: SB0409.03.ENGS.FN003 PDF
Committee Amendment: SB0409.03.ENGS.AMH09 PDF
Committee Amendment: SB0409.03.ENGS.AMH08 PDF
Fiscal Note: SB0409.02.COMS.FN001 PDF
Floor Amendment: SB0409.02.COMS.AMS004 PDF
Floor Amendment: SB0409.02.COMS.AMS001 PDF
Floor Amendment: SB0409.02.COMS.AMS002 PDF
Floor Amendment: SB0409.02.COMS.AMS003 PDF
Floor Amendment: SB0409.02.COMS.AMS005 PDF
Floor Amendment: SB0409.02.COMS.AMS006 PDF
Committee Report: SB0409.01.INTR.CRS001 PDF
Fiscal Note: SB0409.01.INTR.FN001 PDF
Committee Amendment: SB0409.01.INTR.AMS04 PDF

Sources

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