§ 22-2-12-4 — Employer's failure to make payments; notice; damages

Indiana § 22-2-12-4

• Jurisdiction: Indiana
• Art. 2: WAGES, HOURS, AND BENEFITS
• Ch. 12: Employee Benefit Plans

Text

(a) This section applies to an employer who has
contracted in writing to make payments to an employee welfare plan,
vacation plan, health plan, dental plan, insurance plan, supplemental
unemployment plan, benefit plan, profit-sharing plan, pension plan,
industry plan, or any other employee plan either by agreement with an
employee or an employee benefit plan group or by a collective
bargaining agreement.
(b) Not later than seven (7) days after failing to make a payment
under an agreement covered by subsection (a), the employer shall give
written notice of nonpayment to:
(1) the employee on whose behalf the payment should have been
made;
(2) an authorized representative of such an employee;
(3) an authorized representative of a union that represents such an
employee;
(4) the authorized representative of the benefit plan to which the
payment should have been made; or
(5) the trustee of the employee to which the payment should have
been made.
(c) An injured employee may recover double damages plus costs
and attorney fees from an employer who fails to give notice under
subsection (b) and who fails to make those payments described in
subsection (a) on the employee's behalf. However, an employer is not
liable under this section if he shows good cause for his failure to make
the payments described in subsection (a) or his failure to give the
written notice required in subsection (b). "Good cause" does not
include the employer's financial inability to make the payments
described in subsection (a).
As added by Acts 1982, P.L.134, SEC.1.