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Bill Watch, Feb. 19, 2019: Current Labor Law Legislation of Note - Labor and Employment Law News

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Labor and Employment Law News


Posted on: Feb 19, 2019

The IndyBar Legislative Committee is currently monitoring the following labor law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1054    PROFESSIONAL EMPLOYER ORGANIZATIONS. (TORR J) Provides that for purposes of unemployment compensation, a professional employer organization (PEO) that elects to use the PEO level reporting method is liable for all contributions, interest, penalties, and surcharges for the duration of a professional employer agreement or until the effective date of an election by the PEO to change to the client level reporting method. Provides that a client of a PEO is not considered to be a successor employer as a result of entering into a professional employer agreement with a PEO.

HB1608    OVERTIME COMPENSATION FOR CERTAIN EMPLOYEES. (HATFIELD R) Provides that, after December 31, 2019, certain employees must be paid compensation for employment in certain circumstances at a rate not less than 1.5 times the regular rate at which the employee is employed and, under certain circumstances, not less than two times the regular rate at which the employee is employed. Removes outdated language. Relocates language concerning the tip credit. Makes conforming amendments.

HB1609    WORK SHARING UNEMPLOYMENT BENEFIT. (HATFIELD R) 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. 

SB16   PROTECTIVE ORDERS AND EMPLOYMENT. (RANDOLPH L) Provides that: (1) an individual is not subject to disqualification from eligibility for unemployment benefits because of discharge from the individual's employment due to circumstances directly related to the individual's filing of a petition for a protective order; and (2) an employee may bring a cause of action against an employer that terminates the employee for filing a petition for a protective order.

SB25   USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES. (RANDOLPH L) Prohibits an employer from using a consumer report for employment purposes unless certain conditions apply. Allows a consumer to bring a civil action against an employer for a violation of this provision. Provides that if the attorney general has reason to believe that an employer has violated the provision, the attorney general may bring one or both of the following: (1) An action to enjoin the violation. (2) An action to recover damages sustained by Indiana residents as a result of the violation. Makes it: (1) a Class B infraction for a knowing or intentional violation of the provision; or (2) a Class A infraction if an employer has a prior unrelated judgment for a violation of the provision.

SB124   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.

SB130   UNEMPLOYMENT INSURANCE MATTERS. (DORIOT B) Excludes from the definition of "employment", for purposes of the unemployment compensation system, service performed by a driver who provides drive away operations when: (1) the vehicle being driven is the commodity being delivered; and (2) the driver has entered into an agreement with the party arranging for the transportation that specifies the driver is an independent contractor and not an employee.

SB214   MINIMUM WAGE. (TALLIAN K) Increases the state minimum wage from $7.25 an hour to $11.12 an hour. Eliminates the tip credit in determining the minimum wage paid to a tipped employee. Makes a technical correction.

SB231   DIRECT SALES. (MESSMER M) Excludes a direct seller from the definition of "employee" for purposes of the minimum wage law. Excepts, under certain conditions, an individual engaged as a direct seller from receiving unemployment benefits. Excludes services by direct sellers from the definition of "employment" under the unemployment compensation system.

SB259   WAGE DISCRIMINATION. (MRVAN F) Provides that it is an unlawful employment practice to: (1) pay wages that discriminate based on sex for substantially similar work; (2) discharge, discipline, discriminate against, coerce, intimidate, threaten, or interfere with any employee or other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages; (3) require as a condition of employment nondisclosure by an employee of the employee's wages; or (4) require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the employee's wage information. Provides that the civil rights commission has jurisdiction for the investigation and resolution of complaints of these employment actions.

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