Bill Text: IN SB0146 | 2013 | Regular Session | Introduced
Bill Title: Enforcement of wage requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Pensions and Labor [SB0146 Detail]
Download: Indiana-2013-SB0146-Introduced.html
Citations Affected: IC 5-16-7; IC 22-2-2; IC 35-51-22-1.
Synopsis: Enforcement of wage requirements. Increases the penalties
imposed on an employer whose violation of the state common
construction wage law or minimum wage law involves an employee
who is an illegal alien. Provides that a determination by a federal
immigration agency that an alien has come to, entered, or remained in
the United States in violation of law creates a rebuttable presumption
that the alien is in the United States in violation of law.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Pensions and Labor.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(b) The offense described in subsection (a) is a Class A misdemeanor if the contractor or subcontractor committing the offense fails to pay the rate of wages determined under this chapter to an alien:
(1) knowing; or
(2) in reckless disregard of the fact;
that the alien has come to, entered, or remained in the United States in violation of law.
(c) For purposes of subsection (b), a determination by a federal immigration agency that an alien has come to, entered, or remained in the United States in violation of law creates a rebuttable presumption that the alien is in the United States in
violation of law.
(d) If the contractor or subcontractor has committed a prior offense
under this section, the contract on which the instant offense occurred
shall be forfeited and the contractor or subcontractor may not receive
any further payment on the contract nor may the state or the municipal
corporation making the contract make any further payments on the
contract from any of the funds under its charge or control.
(1) "Alien" has the meaning set forth in 8 U.S.C. 1101(a).
(A) Any reports with respect to wage scales submitted by the Indiana State Building and Construction Trades Council.
(B) Any reports with respect to wage scales submitted by the Associated Builders and Contractors of Indiana.
(C) Any other information submitted by any person to the committee established under section 1(b) of this chapter.
(3) "Federal immigration agency" means an agency of the federal government that is responsible for the determination of the immigration status of aliens present in the United States.
"Alien" has the meaning set forth in 8 U.S.C. 1101(a).
"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.
"Employer" means any individual, partnership, association, limited liability company, corporation, business trust, the state, or other governmental agency or political subdivision during any work week in which they have two (2) or more employees. However, it shall not include any employer who is subject to the minimum wage provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201-209).
"Employee" means any person employed or permitted to work or perform any service for remuneration or under any contract of hire, written or oral, express or implied by an employer in any occupation, but shall not include any of the following:
(a) Persons less than sixteen (16) years of age.
(b) Persons engaged in an independently established trade, occupation, profession, or business who, in performing the services in question, are free from control or direction both under a contract of service and in fact.
(c) Persons performing services not in the course of the employing unit's trade or business.
(d) Persons employed on a commission basis.
(e) Persons employed by their own parent, spouse, or child.
(f) Members of any religious order performing any service for that order, any ordained, commissioned, or licensed minister, priest, rabbi, sexton, or Christian Science reader, and volunteers performing services for any religious or charitable organization.
(g) Persons performing services as student nurses in the employ of a hospital or nurses training school while enrolled and regularly attending classes in a nurses training school chartered or approved under law, or students performing services in the employ of persons licensed as both funeral directors and embalmers as a part of their requirements for apprenticeship to secure an embalmer's license or a funeral director's license from the state, or during their attendance at any schools required by law for securing an embalmer's or funeral director's license.
(h) Persons who have completed a four (4) year course in a
medical school approved by law when employed as interns or
resident physicians by any accredited hospital.
(i) Students performing services for any school, college, or
university in which they are enrolled and are regularly attending
classes.
(j) Persons with physical or mental disabilities performing
services for nonprofit organizations organized primarily for the
purpose of providing employment for persons with disabilities or
for assisting in their therapy and rehabilitation.
(k) Persons employed as insurance producers, insurance
solicitors, and outside salesmen, if all their services are performed
for remuneration solely by commission.
(l) Persons performing services for any camping, recreational, or
guidance facilities operated by a charitable, religious, or
educational nonprofit organization.
(m) Persons engaged in agricultural labor. The term shall include
only services performed:
(1) on a farm, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or
horticultural commodity, including the raising, shearing,
feeding, caring for, training, and management of livestock,
bees, poultry, and furbearing animals and wildlife;
(2) in the employ of the owner or tenant or other operator of a
farm, in connection with the operation, management,
conservation, improvement, or maintenance of the farm and its
tools and equipment if the major part of the service is
performed on a farm;
(3) in connection with:
(A) the production or harvesting of maple sugar or maple
syrup or any commodity defined as an agricultural
commodity in the Agricultural Marketing Act, as amended
(12 U.S.C. 1141j);
(B) the raising or harvesting of mushrooms;
(C) the hatching of poultry; or
(D) the operation or maintenance of ditches, canals,
reservoirs, or waterways used exclusively for supplying and
storing water for farming purposes; and
(4) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to storage,
to market, or to a carrier for transportation to market, any
agricultural or horticultural commodity, but only if service is
performed as an incident to ordinary farming operation or, in
the case of fruits and vegetables, as an incident to the
preparation of fruits and vegetables for market. However, this
exception shall not apply to services performed in connection
with any agricultural or horticultural commodity after its
delivery to a terminal market or processor for preparation or
distribution for consumption.
As used in this subdivision, "farm" includes stock, dairy, poultry,
fruit, furbearing animals, and truck farms, nurseries, orchards, or
greenhouses or other similar structures used primarily for the
raising of agricultural or horticultural commodities.
(n) Those persons employed in executive, administrative, or
professional occupations who have the authority to employ or
discharge and who earn one hundred fifty dollars ($150) or more
a week, and outside salesmen.
(o) Any person not employed for more than four (4) weeks in any
four (4) consecutive three (3) month periods.
(p) Any employee with respect to whom the Interstate Commerce
Commission has power to establish qualifications and maximum
hours of service under the federal Motor Carrier Act of 1935 (49
U.S.C. 304(3)) or any employee of a carrier subject to IC 8-2.1.
"Federal immigration agency" means an agency of the federal
government that is responsible for the determination of the
immigration status of aliens present in the United States.
(1) discharges or otherwise discriminates in regard to tenure or condition of employment against any employee because the employee has:
(A) instituted or participated in the institution of any action to recover wages under this chapter; or
(B) demanded the payment of wages under this chapter;
(2) pays or agrees to pay any employee less than the minimum wage prescribed by section 4 of this chapter; or
(3) fails to keep records required by section 8 of this chapter;
commits a Class C infraction, except as provided by subsection (b).
(b) An employer or employer's agent who violates subsection (a) commits a Class B infraction if the employer or employer's agent commits the violation against an employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(b) (c) An employer or the employer's agent who knowingly or
intentionally violates section 4 or 8 of this chapter commits a Class A
infraction, except as provided by subsection (d).
(d) An employer or employer's agent who violates subsection (c)
commits a Class C misdemeanor if the employer or employer's
agent commits the violation against an employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(c) (e) An employer or the employer's agent who violates section 4
of this chapter, having a prior unrelated judgment for a violation of
section 4 of this chapter, commits a Class B misdemeanor, except as
provided by subsection (f).
(f) An employer or employer's agent who violates subsection (e)
commits a Class A misdemeanor if the employer or employer's
agent commits the violation against an employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(d) (g) An employer or the employer's agent who violates section 8
of this chapter, having a prior unrelated judgment for a violation of
section 8 of this chapter, commits a Class B misdemeanor, except as
provided by subsection (h).
(h) An employer or employer's agent who violates subsection (g)
commits a Class A misdemeanor if the employer or employer's
agent commits the violation against an employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(i) For purposes of this section, a determination by a federal
immigration agency that an alien has come to, entered, or
remained in the United States in violation of law creates a
rebuttable presumption that the alien is in the United States in
violation of law.
discharged person without work stoppage commits a Class A
infraction.
(b) The offense described in subsection (a) is a Class C
misdemeanor if the employer commits the offense against an
employee:
(1) knowing; or
(2) in reckless disregard of the fact;
that the employee is an alien who has come to, entered, or
remained in the United States in violation of law.
(c) For purposes of this section, a determination by a federal
immigration agency that an alien has come to, entered, or
remained in the United States in violation of law creates a
rebuttable presumption that the alien is in the United States in
violation of law.
IC 22-1-1-22 (Concerning the department of labor).
IC 22-2-2-11 (Concerning wages, hours, and benefits).
IC 22-2-2-12 (Concerning wages, hours, and benefits).
IC 22-2-7-7 (Concerning wages, hours, and benefits).
IC 22-3-1-5 (Concerning worker's compensation system).
IC 22-4-11.5-10 (Concerning unemployment compensation system).
IC 22-4-19-6 (Concerning unemployment compensation system).
IC 22-4-29-14 (Concerning unemployment compensation system).
IC 22-4-34-3 (Concerning unemployment compensation system).
IC 22-4-34-4 (Concerning unemployment compensation system).
IC 22-4-34-5 (Concerning unemployment compensation system).
IC 22-4.1-4-4 (Concerning department of workforce development).
IC 22-4.1-21-38 (Concerning postsecondary proprietary educational institution accreditation).
IC 22-5-1-1 (Concerning unlawful labor practices).
IC 22-6-2-13 (Concerning labor relations).
IC 22-7-1-3 (Concerning labor organizations).
IC 22-8-1.1-24.2 (Concerning occupational health and safety).
IC 22-8-1.1-49 (Concerning occupational health and safety).
IC 22-9.5-10-1 (Concerning Indiana fair housing).
IC 22-11-14-3 (Concerning building and safety regulations).
IC 22-11-14-6 (Concerning building and safety regulations).
IC 22-11-14.5-9 (Concerning building and safety regulations).
IC 22-11-14.5-10 (Concerning building and safety regulations).
IC 22-11-14.5-11 (Concerning building and safety regulations).
IC 22-11-14.5-12 (Concerning building and safety regulations).
IC 22-11-15-6 (Concerning building and safety regulations).
IC 22-11-17-3 (Concerning building and safety regulations).
IC 22-11-17-4 (Concerning building and safety regulations).
IC 22-11-18-5 (Concerning building and safety regulations).
IC 22-11-20-6 (Concerning building and safety regulations).
IC 22-15-4-7 (Concerning building and equipment laws).
IC 22-15-7-9 (Concerning building and equipment laws).
