Ind. Code ch. 22-2-18.1

Ind. Code ch. 22-2-18.1
in effect

Ind. Code § 22-2-18.1-1 Chapter effective date

Sec. 1. This chapter is effective July 1, 2021. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-2 Entities to which the chapter does not apply

Sec. 2. This chapter does not apply to the following: (1) A: (A) parent who employs the parent's own child; (B) person standing in place of a parent who employs a child in the person's custody; or (C) legal entity in which a parent of the employed child or a person standing in place of the parent of the employed child has an ownership interest; except in the instances of employment in hazardous occupations designated by federal law (as set forth in section 23 of this chapter). (2) A minor enrolled in a work based learning course (as defined in IC 20-43-8-0.7). (3) A minor employed as an actor or performer in: (A) motion pictures; or (B) theatrical, radio, or television productions. (4) A minor employed as a newspaper carrier. (5) A minor employed as a homeworker engaged in the making of evergreen wreaths, including the harvesting of the evergreens or other forest products used in making the wreaths. As added by P.L.147-2020, SEC.16. Amended by P.L.75-2024, SEC.2; P.L.133-2024, SEC.1.

Ind. Code § 22-2-18.1-3 Application of chapter

Sec. 3. This chapter applies to a minor less than eighteen (18) years of age who is employed or is seeking employment in Indiana. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-4 "Department"

Sec. 4. As used in this chapter, "department" refers to the department of labor created by IC 22-1-1-1. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-5 "Employer"

Sec. 5. As used in this chapter, "employer" means a person, firm, limited liability company, or corporation that hires, employs, or permits a minor to work in a gainful occupation. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-6 "High school"

Sec. 6. As used in this chapter, "high school" has the meaning set forth in IC 20-18-2-7. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-7 "Nonschool week"

Sec. 7. As used in this chapter, "nonschool week" refers to a week that contains two (2) or fewer school days. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-8 "Parent"

Sec. 8. As used in this chapter, "parent" has the meaning set forth in IC 20-18-2-13. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-9 "Public school"

Sec. 9. As used in this chapter, "public school" has the meaning set forth in IC 20-18-2-15. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-10 "School day"

Sec. 10. As used in this chapter, "school day" refers to a day that contains more than four (4) hours of classroom instruction. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-10.5 "School hours"

Sec. 10.5. As used in this chapter, "school hours" refers to the hours that the school corporation, within the boundaries of which the minor resides while employed, is in session during the regularly scheduled school year. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-11 "School week"

Sec. 11. As used in this chapter, "school week" refers to a week that contains at least three (3) school days. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-12 Employment limitations and prohibitions for certain minors; exceptions

Sec. 12. (a) This subsection does not apply to a minor who is employed or works as a youth athletic program referee, umpire, or official under section 13 of this chapter. A minor less than: (1) fourteen (14) years of age may not be employed or allowed to work in any gainful occupation except as a farm laborer, domestic service worker, or caddie for persons playing the game of golf; and (2) twelve (12) years of age may not be permitted to work at farm labor except on a farm operated by the minor's parent. (b) Except as provided in section 16(c) of this chapter, an employer may not employ or permit any minor less than sixteen (16) years of age to work in any occupation during school hours on a school day. As added by P.L.147-2020, SEC.16. Amended by P.L.133-2024, SEC.2.

Ind. Code § 22-2-18.1-13 Employment of minors as referees, umpires, or officials

Sec. 13. (a) If the conditions of subsections (b) and (c) are satisfied, a minor who is less than eighteen (18) years of age is exempt from the requirements of this chapter whenever the minor is employed or works as a youth athletic program referee, umpire, or official. (b) A minor must satisfy all of the following: (1) The minor is at least twelve (12) years of age. (2) The minor is certified as a referee, umpire, or official by a national certification program. (3) The minor is a referee, umpire, or official for an age bracket younger than the minor's own age. (c) In addition to the requirements of subsection (b), one (1) of the following must be satisfied: (1) The minor: (A) works with a person who is: (i) at least eighteen (18) years of age; and (ii) also working as a referee, umpire, or official at the same athletic event at which the minor is working as a referee, umpire, or official; and (B) has on file with the person responsible for assigning the minor to officiate for the youth athletic program the original or a copy of a written consent to the minor's employment as a referee, umpire, or official signed by the minor's parent or guardian. (2) A minor's parent or guardian is present during the athletic event at which the minor is working as a referee, umpire, or official. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-15 Employment of minors by the Indiana School for the Deaf or the Indiana School for the Blind and Visually Impaired

Sec. 15. The employment of minors by the: (1) Indiana School for the Deaf; and (2) Indiana School for the Blind and Visually Impaired; is subject to the general restrictions imposed on the employment of minors under this chapter. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-16 Employment of minors less than 16 years of age; exceptions

Sec. 16. (a) Except as provided in subsections (b) and (c), sections 17 and 22 of this chapter apply only to the employment of a minor who is less than sixteen (16) years of age. (b) Sections 17 and 22 of this chapter do not apply to the following: (1) A minor who is at least fourteen (14) years of age but less than sixteen (16) years of age who: (A) performs: (i) farm labor; or (ii) domestic service; (B) acts as a caddie for a person playing the game of golf; or (C) is employed to perform sports-attending services at professional sporting events as set forth in 29 CFR 570.35(c)(2). (2) A minor who is: (A) at least twelve (12) years of age but less than sixteen (16) years of age; and (B) employed or works as a youth athletic program referee, umpire, or official under section 13 of this chapter. (c) Sections 12(b), 17(2)(A), 17(2)(B), and 22 of this chapter do not apply to a minor who is at least fourteen (14) years of age and less than sixteen (16) years of age who: (1) has graduated from high school; (2) has completed grade 8, who is excused from the compulsory school attendance requirements, and whose parent submits a statement in accordance with subsection (d); (3) has a child to support, who is excused from the compulsory school attendance requirements, and whose parent submits a statement in accordance with subsection (d); (4) is subject to an order issued by a court that has jurisdiction over the minor that prohibits the minor from attending school; or (5) has been expelled from school and is not required to attend an alternative school or an alternative educational program. (d) To qualify for an exemption under subsection (c)(2) or (c)(3), the minor's parent must submit to the minor's current or prospective employer: (1) a signed statement from the parent declaring that the minor has been excused from the compulsory school attendance requirements; and (2) proof supporting the statement made under subdivision (1). As added by P.L.147-2020, SEC.16. Amended by P.L.133-2024, SEC.4; P.L.1-2025, SEC.204.

Ind. Code § 22-2-18.1-17 Employment of minors at least 14 years of age and less than 16 years of age

Sec. 17. The following apply only to a minor who is at least fourteen (14) years of age and less than sixteen (16) years of age: (1) The minor may not work before 7 a.m. or after 7 p.m. However, the minor may work until 9 p.m. from June 1 through Labor Day. (2) The minor may not work: (A) more than three (3) hours on a school day; (B) more than eighteen (18) hours in a school week; (C) more than eight (8) hours on a nonschool day; or (D) more than forty (40) hours in a nonschool week. As added by P.L.147-2020, SEC.16. Amended by P.L.133-2024, SEC.5.

Ind. Code § 22-2-18.1-22 Employer required to post notice

Sec. 22. Every employer that employs a minor at least fourteen (14) years of age and less than sixteen (16) years of age shall post and keep posted a printed notice in a conspicuous place or in places where notices to employees are customarily posted. This notice must state: (1) the maximum number of hours a minor may be employed or permitted to work each day of the week; and (2) the hours of beginning and ending each day. The forms for this notice shall be furnished by the department. As added by P.L.147-2020, SEC.16. Amended by P.L.133-2024, SEC.10.

Ind. Code § 22-2-18.1-23 Prohibition on working in a hazardous occupation; exceptions

Sec. 23. (a) This section does not apply to a minor who is at least sixteen (16) years of age and less than eighteen (18) years of age who is employed in agriculture (as defined in Section 203(f) of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.)). (b) The department shall prohibit a minor who is less than eighteen (18) years of age from working in an occupation designated as hazardous by the child labor provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), except when the minor is working for the minor's parent or a person standing in the place of the minor's parent on a farm owned or operated by the parent or person. As added by P.L.147-2020, SEC.16. Amended by P.L.133-2024, SEC.11.

Ind. Code § 22-2-18.1-24 Hazardous occupations; exception; certain instruction

Sec. 24. This chapter does not prevent a student from working on a properly guarded machine in the training department of a school when an instructor provides personal supervision. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-26 Repealed

As added by P.L.147-2020, SEC.16. Amended by P.L.75-2024, SEC.3. Repealed by P.L.91-2026, SEC.4.

Ind. Code § 22-2-18.1-27 Rules; rest breaks

Sec. 27. (a) The department shall adopt rules under IC 4-22-2 to implement this chapter. (b) The department may establish recommendations for rest breaks. As added by P.L.147-2020, SEC.16. Amended by P.L.93-2024, SEC.155; P.L.91-2026, SEC.5.

Ind. Code § 22-2-18.1-28 Enforcement

Sec. 28. (a) The department and its authorized inspectors and agents: (1) shall enforce this chapter and ensure that all violators are prosecuted; and (2) may visit and inspect, at all reasonable hours and when as practicable and necessary, all establishments affected by this chapter. (b) It is unlawful for any person to interfere with, obstruct, or hinder any inspector or agent of the department while the inspector or agent performs official duties or to refuse to properly answer questions asked by an inspector or agent of the department. (c) When requested in writing by the department, the attorney general shall assist the prosecuting attorney in the prosecution of persons charged with a violation of this chapter. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-29 Investigatory power

Sec. 29. (a) The department and its authorized inspectors and agents may investigate the age of a minor who is employed or allowed to work in an occupation. (b) If the department or its authorized inspectors and agents find that the age of the minor is below the age authorized under this chapter, the: (1) employment; or (2) fact that the minor is allowed to work; is prima facie evidence of unlawful employment. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-30 Civil penalties

Sec. 30. (a) An employer that violates this chapter may be assessed the civil penalties described in this section by the department. (b) For an hour violation of not more than thirty (30) minutes under section 17 of this chapter or a posting violation under section 22 of this chapter the civil penalties are as follows: (1) A warning letter for any violations identified during an initial inspection. (2) Fifty dollars ($50) per instance for a second violation identified in a subsequent inspection. (3) Seventy-five dollars ($75) per instance for a third violation that is identified in a subsequent inspection. (4) One hundred dollars ($100) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation. A civil penalty may not be assessed under this subsection for a violation of ten (10) minutes or less. (c) For an hour violation of more than thirty (30) minutes under section 17 of this chapter, an age violation under section 12 of this chapter, each minor employed in violation of section 12(b) of this chapter, or a hazardous occupation violation under section 23 of this chapter the civil penalties are as follows: (1) A warning letter for any violations identified during an initial inspection. (2) One hundred dollars ($100) per instance for each violation identified in a subsequent inspection. (3) Two hundred dollars ($200) per instance for a third violation that is identified in a subsequent inspection. (4) Four hundred dollars ($400) per instance for a fourth or subsequent violation that is identified in an inspection subsequent to the inspection under subdivision (3) and that occurs not more than two (2) years after a prior violation. As added by P.L.147-2020, SEC.16. Amended by P.L.75-2024, SEC.4; P.L.104-2024, SEC.46; P.L.133-2024, SEC.13; P.L.91-2026, SEC.6.

Ind. Code § 22-2-18.1-31 Civil penalties; second and subsequent violations

Sec. 31. (a) A civil penalty assessed under section 30 of this chapter: (1) is subject to IC 4-21.5-3-6; and (2) becomes effective without a proceeding under IC 4-21.5-3 unless a person requests an administrative review not later than thirty (30) days after notice of the assessment is given. (b) For purposes of determining: (1) whether a second violation has occurred when assessing a civil penalty under subsection (a), a first violation expires one (1) year after the date of issuance of a warning letter by the department under section 30 of this chapter; and (2) recurring violations of this section, each location of an employer shall be considered separate and distinct from another location of the same employer. As added by P.L.147-2020, SEC.16.

Ind. Code § 22-2-18.1-32 Labor education and youth employment fund

Sec. 32. (a) There is established a labor education and youth employment fund to educate affected parties on the purposes and contents of this chapter and the responsibilities of all parties under this chapter. (b) The labor education and youth employment fund shall be used each year for the expenses of hiring and salaries of additional inspectors to enforce this chapter under section 30 of this chapter. Any remaining funds may be used for the purpose of the education provision of this subsection and may be used to award grants to provide educational programs. (c) The labor education and youth employment fund shall be administered by the department. The expenses of administering the labor education and youth employment fund shall be paid from money in the fund. The treasurer of state shall invest the money in the labor education and youth employment fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the labor education and youth employment fund. Money in the labor education and youth employment fund at the end of a state fiscal year does not revert to the state general fund. (d) Revenue received from civil penalties under section 30 of this chapter shall be deposited in the labor education and youth employment fund. (e) All inspectors hired to enforce this chapter shall also be available to educate affected parties on the purposes and contents of this chapter and the responsibilities of all parties under this chapter. As added by P.L.147-2020, SEC.16. Amended by P.L.91-2026, SEC.7.

Ind. Code § 22-2-18.1-33 Auditor of state; transfer of remaining balance

Sec. 33. On July 1, 2021, the auditor of state shall transfer the balance that remains on June 30, 2021, in the employment of youth fund established by IC 22-2-18-47 (before its expiration) to the labor education and youth employment fund established by section 32 of this chapter. As added by P.L.147-2020, SEC.16.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026

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