Indiana Employment Law Update — May 2019

Indiana

Wage Assignments for Clothing and Tools

On May 1, 2019, Indiana Governor Eric Holcomb signed legislation (S.B. 99) permitting a wage assignment for either of the following:

  • Rental of uniform shirts, pants, and job-related clothing; or
  • Purchase of equipment or tools necessary to fulfill employment duties.

The total amount of wages subject to assignment may not exceed $2,500 per year or five percent of the employee’s weekly disposable earnings, whichever is less. However, employees may not be charged or subject to a wage assignment for personal protective equipment as provided under federal law.

Deductions by an employer from an employee’s wages for the rental of uniforms, shirts, pants, or other job-related clothing that are made before May 1, 2019 (effective date of this legislation) are also permitted when the deduction meets the aforementioned requirements and the amount deducted was either:

  • Retained by the employer and credited upon an indebtedness owing to the employer by the employee; or
  • Paid by the employer.

The law took effect May 1, 2019.

Read IN S.B. 99

Occupational Safety and Health Violations

On April 24, 2019, Indiana Governor Eric Holcomb signed legislation (H.B. 1341) regarding penalties for occupational safety and health violations at Ind. Code § 22-8-1.1-27.1 as follows:

  • Any employer who knowingly violates any occupational safety and health standard, rule, or order, where the violation cannot reasonably be determined to have contributed to an employee fatality, will be assessed a civil penalty of between $5,000 to $70,000 for each violation.
  • An employer who knowingly violates any occupational safety and health standard, rule, or order, where the violation can reasonably be determined to have contributed to an employee fatality, will be assessed a civil penalty of between $9,472 to $132,598 for each violation.

The law is effective July 1, 2019.

Read IN H.B. 1341