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March 2022: Indiana Restricts Employer Vaccination Mandates

Update Applicable to:
All employers in the state of Indiana

What happened?
On March 3, 2022, the Indiana General Assembly passed House Bill 1001 (HB 1001), which restricts employer COVID-19 vaccine mandates.

What are the details?
Effective immediately, private employers are required to accept medical, religious, and acquired immunity exemptions from vaccine mandates, and to allow employees with exemptions to submit to COVID-19 testing in lieu of immunization.

All employers, regardless of size, must comply with the law with respect to their employees in Indiana. Under the law, the following employers are not subject to the law’s vaccine mandate restrictions:

  • Federal employers
  • Federal contractors
  • Healthcare employers that receive Medicare and Medicaid funding (thereby reconciling the law with the Health and Human Services vaccine mandate for healthcare workers in Medicare/Medicaid facilities)
  • Professional sports organizations and entertainment venues with respect to their employees who work closely with teams and entertainment at the venue

If an employee is granted an exemption based on medical, religious, or natural immunity reasons, the employer may require the employee to submit to COVID-19 testing; however, they may not require the employee to test more than twice a week. The test must be one that is approved by the FDA and be the “least invasive testing option available.” Additionally, the test cannot create an undue burden on the employee. Notably, this statute does not specifically require employers to pay for such tests, but such obligations may exist under other applicable laws or collective bargaining agreements.

An employer that receives an exemption request based on religious beliefs is specifically instructed to analyze the request in compliance with Title VII of the Civil Rights Act of 1964. In other words, employers may use the undue hardship analysis under Title VII religious accommodation standards to analyze whether to grant an employee’s religious exemption request.

For more information, please see the links below:

House Bill 1001 (HB 1001)

Title VII of the Civil Rights Act of 1964

Article 1Article 2

What do employers need to do?
Employers should review the links provided above, grant medical and “natural immunity” exemption requests that meet Indiana’s statutory requirements and may continue to analyze religious exemption/accommodation requests consistent with the Title VII undue hardship standard.

July 2021 Indiana HR Legal Updates

Indiana Teen Work Hour Restrictions Poster Update

Update Applicable to:
Employers in Indiana with workers between the ages of 16 – 17.

What happened?
On July 1, 2021, the Indiana Department of Labor (DoL) updated their Teen Work Hour Restrictions notice.

What are the details?
The Indiana DoL updated their Teen Work Hour Restrictions notice posting to reflect that 16- and 17-year-old minors may not work more than 6 consecutive workdays.

The updated poster can be read here.

What do employers need to do?
Employers should replace the previous poster with the updated poster here to stay in compliance.

April 2021 Indiana HR Legal Updates

Indiana Passes Pregnancy Accommodation Law

Update Applicable to:
Indiana Employers with at least 15 employees. 

What happened?
On April 20, 2021, House Bill 1309 was signed into law, creating IC 22-9-12.

What are the details?
The new law, effective July 1, 2021, will prohibit employers from discriminating against employees for requesting or using accommodation for the employee’s pregnancy. Employers should note that that attempting to accommodate an employee, as well as the decision to not accommodate the employee will not be seen as discriminatory under this law. This law extends the anti-discrimination protections to pregnancy, childbirth, and “related medical conditions.”

HB 1309 can be read here.

What do employers need to do?
Employers may need to update their workplace policies, especially regarding their interactive process, to ensure compliance with this law.

July 2020 Indiana HR Legal Updates

Summary of Laws with Upcoming Effective Dates

Microchip Implantation
Effective July 1, 2020, employers are prohibited from requiring current and prospective employees to undergo microchip implantation as a condition of employment or receiving additional compensation or benefits. An employer may require current or prospective employees to comply with a court order directing them to receive the implantation. 

Noncompete Agreement
Effective July 1, 2020, employers must include the following provisions in any non-compete agreement with a physician:

  • A clause requiring the employer to provide the physician with a copy of any notice to patients regarding the physician’s departure from the employer.
  • An obligation on the employer to provide contact information for the physician to inquiring patients.
  • The ability for the departed physician to obtain medical records from the employer for patients who provide authorization.
  • The ability of the physician to buy-out the non-compete provision at a reasonable price.

June 2020 Indiana HR Legal Updates

Summary of State Laws (Q1 and Q2 2020)

Microchip Implantation
Effective July 1, 2020, employers are prohibited from requiring current and prospective employees to undergo microchip implantation as a condition of employment or receiving additional compensation or benefits. An employer may require current or prospective employees to comply with a court order directing them to receive the implantation.

Noncompete Agreement
Effective July 1, 2020, employers must include the following provisions in any non-compete agreement with a physician:

  • A clause requiring the employer to provide the physician with a copy of any notice to patients regarding the physician’s departure from the employer.
  • An obligation on the employer to provide contact information for the physician to inquiring patients.
  • The ability for the departed physician to obtain medical records from the employer for patients who provide authorization.
  • The ability of the physician to buy-out the non-compete provision at a reasonable price.

April 2020 Indiana HR Legal Updates

Employment of Minors

What happened?
Effective April 1, 2020, amendments were made to employment of minors.

What are the details?

  • Employees aged 14-15
    • May not work before 7:00 a.m. or after 7:00 p.m.
    • From June 1, 2020 through Labor Day, these employees may work as late as 9:00 p.m., except for the day which precedes a school day.
  • Employees aged 16-17
    • May not work more than nine hours a day.
    • May not work more than 40 hours in a school week, 48 hours in non-school week.
    • May not work before 6:00 a.m. and may work as late as 10:00 p.m.
    • With parental written permission, these employees may work until 11:00 p.m.
  • Minor Workers
    • All minor workers (under the age of 18) may not work after 10:00 p.m. or before 6:00 a.m. for any establishment that is open to the public unless another employee at least 18 years old is also currently working.
    • No minors may be compensated below federal minimum wage for the first 90 days of employment.

What do employers need to do?
Comply with the above listed requirements for employment of minors. In addition, if an employer has at least five individuals who are between 14-17 years of age must register with the Department of Labor.

Resources
https://www.jacksonlewis.com/publication/indiana-revises-law-employment-minors

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