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Bill Watch, Jan. 19, 2016: Current Labor & Employment Law Legislation of Note - Labor and Employment Law News

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Labor and Employment Law News


Posted on: Jan 19, 2016

The IndyBar Legislative Committee is currently monitoring the following labor and employment law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at Lawren.Mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1011 WORK SHARING UNEMPLOYMENT BENEFIT. (MACER K) Establishes a work sharing unemployment insurance program. Requires an employer to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which the employee's normal weekly work hours are reduced.

HB1014    WORK SHARING UNEMPLOYMENT BENEFITS. (OBER D) Establishes a work sharing unemployment insurance program. Requires an employer that desires to participate in the work sharing unemployment insurance program to submit a work sharing plan for approval by the commissioner of the department of workforce development. Establishes the work sharing benefit as equal to an affected employee's unemployment benefit reduced by a percentage that is equivalent to the number of hours by which an affected employee's normal weekly work hours are reduced divided by the employer's number of normal weekly work hours.

HB1139    PAID SICK AND SAFE LEAVE. (PORTER G) Provides that certain employers shall provide paid sick and safe leave to employees, accrued at the rate of one hour of paid sick and safe leave for every 30 hours of employment. Establishes conditions to entitlement to sick and safe leave. Provides that the commissioner of labor shall enforce paid sick and safe leave for employees.

HB1279    CRIMINAL HISTORY MATTERS AND SERVICES PROGRAMS. (SHACKLEFORD R) Requires the division of mental health and addiction, in cooperation with the state department of health, to identify and report to the general assembly appropriate programs and academic curricula concerning health education for mental health and addiction that: (1) are evidence based; (2) use established medical principles; and (3) are age appropriate for different grade levels. Provides that a public employer may not ask an applicant for employment to disclose orally or in writing, whether on an employment application or otherwise, information concerning the applicant's criminal record or history, until the public employer has determined that the applicant meets the public employer's minimum employment qualifications. Provides that the requirement does not apply to employment with a law enforcement agency or when federal or Indiana law provides otherwise. Requires the division of state court administration, in cooperation with Indiana trial courts, to conduct a study relating to reporting to the National Instant Criminal Background Check System.

HB1328    PAID SICK LEAVE FOR CERTAIN EMPLOYEES. (LAWSON L) Provides that certain employers shall provide paid sick leave to employees of one hour of paid sick leave for every 30 hours of employment, up to a maximum of 40 hours of paid sick leave a year. Provides that the commissioner of labor shall enforce paid sick leave for employees and shall adopt rules to implement paid sick leave.

HB1368    REPEAL OF IOSHA. (NIEZGODSKI D) Repeals, on January 1, 2017, the Indiana Occupational Safety and Health Act (IOSHA), except for provisions concerning the INSafe program. Provides that the powers and duties of the department of labor under IOSHA (except for those concerning the INSafe program) are assumed by the United States Department of Labor.

SB245    DRUG TESTING OF UNEMPLOYMENT INSURANCE APPLICANTS. (FORD J) Requires an individual to undergo a drug test as a condition of the individual's initial eligibility for unemployment benefits (benefits) if the individual: (1) was discharged from employment by the individual's most recent employer because of the individual's unlawful use of a controlled substance; or (2) is an individual for whom suitable work is only available in an occupation that the United States Department of Labor has determined by rule is an occupation that regularly conducts drug testing. If the individual tests positive or refuses to take a drug test, provides that the individual is ineligible for waiting period or benefit rights for the week in which the positive test results or refusal occurred and until: (1) the individual earns remuneration in employment in at least eight weeks; and (2) the remuneration earned equals or exceeds the product of the individual's weekly benefit amount multiplied by eight. Provides that an individual is not disqualified from receiving benefits, if the individual: (1) obtained the controlled substance for which the individual tested positive by means of a prescription issued by a practitioner authorized to prescribe the controlled substance; and (2) ingested, injected, or inhaled the controlled substance that was prescribed in accordance with the practitioner's directions. Provides that the department of workforce development (department) may not require an individual to pay any of the costs of a drug test. Provides that the fact that the individual took a drug test and the results of the test are confidential to the extent required by 20 CFR 603. Requires the department to ensure that a drug test meets or exceeds: (1) standards of the mandatory guidelines for federal workplace drug testing programs published by the Substance Abuse and Mental Health Services Administration (SAMHSA); or (2) procedures established by the United States Department of Transportation.

SB267    EMPLOYERS AND EXPUNGEMENT. (TAYLOR G) Specifies that the prohibition against questioning a person applying for: (1) employment; (2) a license; or (3) another right or privilege; concerning an expunged arrest or conviction also applies during an interview. Provides that a person who unlawfully questions an applicant about an expunged criminal record commits a Class C infraction, and increases the penalty to a Class B infraction for a subsequent violation. Limits the number of violations that may be charged to: (1) one violation against a person without a prior adjudication; and (2) not more than one violation per month against a person with one or more prior adjudications; regardless of the number of individual violations the person may have committed.

SB278    EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. (STOOPS M) Provides that the policy (policy) of the state is to promote competitive and integrated employment, including self-employment, as the first and preferred option when providing services to individuals with disabilities who are of working age. Provides that the policy applies to programs and agencies that provide services and support to help obtain employment for individuals with disabilities. Provides that the primary objective and preferred outcome of transition services provided as part of a special education program or related services to a child with a disability who is at least 14 years of age is to assist the child in obtaining competitive and integrated employment. Establishes an employment first task force to: (1) establish baseline data regarding the number of individuals with disabilities in competitive and integrated employment and set annual goals for increasing the percentage of individuals with disabilities in competitive and integrated employment; (2) identify and resolve barriers to employment for individuals with disabilities; (3) analyze current state agency policies concerning the provision of services to individuals with disabilities and recommend changes; (4) assist state agencies in the implementation of the policy; and (5) provide an annual report to the governor and the legislative council concerning the employment of individuals with disabilities. Provides that the director of the division of disability and rehabilitative services serves as the task force chair.

SB285    EMPLOYMENT OF UNAUTHORIZED ALIENS. (DELPH M) Prohibits an employer from knowingly employing, after September 30, 2016, an unauthorized alien. Authorizes the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; (2) verify with the federal government the work authorization of the alleged unauthorized alien; (3) under certain conditions, notify United States Immigration and Customs Enforcement, local law enforcement agencies, and the prosecuting attorney in the county in which an unauthorized alien is employed; and (4) maintain certain records of violation orders. Provides that a prosecuting attorney who receives notification from the attorney general may bring a civil action against an employer for knowingly employing an unauthorized alien. Prohibits the prosecuting attorney from filing an action against an employer that verifies the employment authorization of an employee through the E-Verify program. Establishes a rebuttable presumption that an employer did not knowingly employ an unauthorized alien if the employer complied in good faith with the federal employment verification requirements. Requires a court to dismiss an action against an employer under certain circumstances. Makes it a Class B misdemeanor to file a complaint with the attorney general, knowing the complaint is false or frivolous. Prohibits an employer from discharging or discriminating against an employee who takes certain actions under the employment of unauthorized alien provisions.

SB287    EMPLOYMENT PREFERENCE FOR INDIANA CITIZENS. (DELPH M) Requires that whenever an employer makes an employment decision for a job located or based in Indiana after June 30, 2016, the employer shall give a preference in employment to an Indiana resident who is a citizen of the United States. Provides that an individual may not receive the preference unless the individual meets the job related qualifications for the position and has resided in Indiana for at least five years. Provides that the employer may require that an individual provide documentation to establish that the individual is entitled to the preference. Requires the department of labor to receive, investigate, and attempt to resolve complaints concerning alleged violations. Requires employers to provide notice of the preference in a format accessible to applicants and employees, and requires the department of labor to develop language for use by employers in providing the notice.

SB332    REEMPLOYMENT RIGHTS OF VETERANS. (ZAKAS J) Defines the term "employer" for certain National Guard statutes. Allows an Indiana national guard member seeking reemployment with an employer after returning to work from active duty to bring a civil action against an employer that refuses to comply with the employer's obligations under the federal Uniformed Services Employment and Reemployment Rights Act. Allows a court to award: (1) actual damages; (2) court costs and attorney's fees; or (3) liquidated damages; to a prevailing Indiana National Guard member. Extends certain state and federally mandated employment and reemployment rights and protections to nonresident members of the National Guard if the nonresident member's state of origin extends the same or similar rights and protections to members of the Indiana National Guard.

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