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Previous Updates
- Repeal the occupation prohibitions and hours of work restrictions and for minors 16 and older;
- Add exemptions for:
- Certain actor or performers;
- Newspaper carriers ; or
- Homeworkers who make evergreen wreaths; and
- Amend the employment certificates/work permit requirements to:
- Require that employers report certain new or changed information at least twice a month; and
- Specify that the minor's date of hire is the first date on which the minor performs work for the employer.
Employers with 5 or more employees are still required track and report minor employee information to the state’s Youth Employment System (YES). Employers must also comply with the Teen Work Hour Restrictions and Prohibited and Hazardous Occupation restrictions for minors and required postings, although the bill removes prohibitions against handling hazardous materials for teen farm laborers.
There are some additional amendments for minors who are enrolled in work based learning course that fall under an actor or performer, newspaper carrier and those making evergreen wreaths. Stay tuned for additional updates closer to the effective date.
Child Labor Employment Changes
Effective July 1, 2021, all Indiana employers who employ five (5) or more minor employees (employees under age 18) must use the new Youth Employment System (YES) to register those employees with the Youth Employment division of the Indiana Department of Labor.
This new system will replace the former “Intent to Employ” form, and schools will no longer issue work permits beginning July 1. Employers who employ four or fewer minor employees are not required to use the new system. Learn more here.
Pregnancy Protections Take Effect
Effective, July 1, 2021, a new Indiana statute provides that an employee may request, in writing, an accommodation related to pregnancy, childbirth, or any related medical conditions. The employer must respond to the employee’s request within a reasonable amount of time. The law does not require an accommodation but pregnant workers may already qualify for a reasonable accommodation under the federal Americans With Disabilities Act (ADA). The new law applies to employers with at least 15 employees (like the ADA).
An employee who seeks an accommodation under the new law is protected from discipline, termination, or other forms of retaliation for seeking or using an accommodation. An attempt to accommodate or failure to accommodate an employee’s request is not considered disciplinary or retaliatory.
Indiana’s law is meant to be an expansion of existing state and federal protections and does not limit, diminish, or affect any state or federal laws concerning sex discrimination, pregnancy discrimination, family medical leave, disability, or childbirth discrimination.
You can learn more here.
Microchip as a Condition of Employment
Starting in July, Indiana prohibits an employer from requiring a current or prospective employee to take any of the following actions as a condition of employment or receiving additional compensation or benefits:
- Implantation, or undergoing a procedure to implant, a device in the candidate's or employee's body;
- Injecting, or receiving an injection of, a device into the candidate’s or employee’s body; or
- Ingesting, inhaling, or otherwise incorporating a device into the candidate’s or employee’s body
An employer also may not discriminate against an employee with respect to compensation, benefits, terms, and conditions of employment based on the employee’s refusal to receive a device. A device is defined as any acoustic, optical, mechanical, electronic, medical, or molecular devices. An employer may require a current or prospective employee to comply with a court order directing them to receive a device.
