Indiana § 22-2-15-2 Development of guidelines and procedures concerning employee
classification; contents; exemptions; plan for implementation

Indiana Statutes

§ 22-2-15-2 — Development of guidelines and procedures concerning employee classification; contents; exemptions; plan for implementation

Indiana·Art. 2 WAGES, HOURS, AND BENEFITS·Ch. 15 Guidelines and Procedures for Investigating Questions

(a)The department shall develop guidelines and procedures for investigating questions and complaints concerning employee classification and a plan for implementation of those guidelines and procedures.

(b)The guidelines and procedures must do the following:

(1)Cover at least the following:

(A)Who is eligible to file a complaint. The guidelines and procedures must allow any aggrieved person to file a complaint and must indicate what evidence is needed to initiate an investigation.

(B)Applicable and appropriate penalties, taking into consideration:

(i)the financial impact on both employers and misclassified employees; and

(ii)whether the employer has previously misclassified employees.

(C)Mechanisms to share data with appropriate state agencies to assist those agencies in determining

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(a) The department shall develop guidelines
and procedures for investigating questions and complaints concerning
employee classification and a plan for implementation of those
guidelines and procedures.
(b) The guidelines and procedures must do the following:
(1) Cover at least the following:
(A) Who is eligible to file a complaint. The guidelines and
procedures must allow any aggrieved person to file a complaint
and must indicate what evidence is needed to initiate an
investigation.
(B) Applicable and appropriate penalties, taking into
consideration:
(i) the financial impact on both employers and misclassified
employees; and
(ii) whether the employer has previously misclassified
employees.
(C) Mechanisms to share data with appropriate state agencies
to assist those agencies in determining compliance with and
enforcing state laws concerning misclassified employees and to
recoup contributions owed, depending on the level of
culpability.
(D) Record keeping requirements for contractors, including any
records necessary for the department to investigate alleged
violations concerning misclassification of employees.
(E) Investigative procedures.
(2) Apply to public works and private work projects for
construction (as defined in IC 5-1.2-2), including demolition.
(3) Apply to any contractor that engages in construction and is
authorized to do business in Indiana.
(4) Provide a remedy for an employer or a misclassified employee
in response to:
(A) any retaliation that occurs as the result of an investigation
or a complaint; and
(B) any complaints that the department determines are frivolous
or that are filed for the purpose of harassment.
(5) Provide that in carrying out this chapter the department has
the same inspection, investigative, and enforcement powers that
the department has in enforcing the labor laws of this state,
including powers described in IC 22-1-1.
(c) The guidelines and procedures may include other elements as
determined by the department.
(d) The department shall exempt the following from the guidelines
and procedures developed under this chapter:
(1) Residential construction of a single family home or duplex if
the builder builds less than twenty-five (25) units each year.
(2) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor carrier.

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