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