TITLE 610 DEPARTMENT OF LABOR
Final Rule
LSA Document #21-462(F)
DIGEST
ARTICLE 10. YOUTH EMPLOYMENT
610 IAC 10-1-2 "Youth employment laws" defined
Authority:
IC 22-1-1-8
(Department of Labor; 610 IAC 10-1-2; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8
Sec. 4. "Minor" means a person who:
(1) is less than eighteen (18) years of age; and
(Department of Labor; 610 IAC 10-1-4; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
610 IAC 10-1-5 "Qualifying location" defined
Authority:
IC 22-1-1-8;
IC 22-2-18.1-31
Sec. 5. "Qualifying location" means each separate and distinct location operated by a required employer that has five (5) or more minors who work at that location.
(Department of Labor; 610 IAC 10-1-5; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8;
IC 22-2-18.1-26;
IC 22-2-18.1-31
Sec. 6. "Required employer" means an employer who:
(2) meets the criteria set forth in IC 22-2-18.1-26(a) at one (1) or more locations in Indiana.
(Department of Labor; 610 IAC 10-1-6; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Rule 2. Youth Employment Law Enforcement and Inspections
Authority:
IC 22-1-1-8
Sec. 1. (a) The department may inspect any employer in the state to ensure compliance with Indiana's child labor youth employment laws.
(b) An employer shall allow the department's inspectors to:
(1) inspect records related to employees under eighteen (18) years of age;
(2) examine work areas; and
(3) interview employees.
(c) An employer shall produce all requested records promptly while the inspector is on-site or within twenty-four (24) hours of the request if the records are not maintained on-site.
(Department of Labor; 610 IAC 10-2-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8
Sec. 2. The department may conduct:
(1) an investigation when a member of the public reports a possible violation of child labor youth employment laws;
(2) random investigations; and
(3) targeted inspections based on industry and employment data.
(Department of Labor; 610 IAC 10-2-2; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
610 IAC 10-3-1 Hours of employment; records
Authority:
IC 22-1-1-8
Sec. 1. An employer shall maintain records of days and hours worked for all employees under eighteen (18) years of age in order to verify compliance with
IC 20-33-3. IC 22-2-18.1.
(Department of Labor; 610 IAC 10-3-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8;
IC 22-2-18.1-27
Sec. 2.
(a) An employer shall comply with the requirements of IC 20-33-3-30 concerning breaks for minors.
(b) The employer's break policies relating to minors must be documented in writing and communicated to the minor employee at the time the employee is hired.
(c) The employer shall maintain a break log to document the breaks (paid or unpaid) of minor employees.
(d) Break logs are subject to inspection by the department. The department recommends that if any minor works or is scheduled to work more than six (6) hours in a shift, the employer provides the minor with at least two (2) fifteen (15) minute rest breaks or one (1) thirty (30) minute rest break.
(Department of Labor; 610 IAC 10-3-2; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Rule 5. Registration of Minors
Authority:
IC 22-1-1-8;
IC 22-2-18.1-1
Sec. 1. Each required employer shall complete the registration of all minors employed at all qualifying locations within three (3) business days after becoming a required employer.
(Department of Labor; 610 IAC 10-5-1; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8;
IC 22-2-18.1-26;
IC 22-2-18.1-31
Sec. 2. A required employer shall register each of its qualifying locations according to this rule.
(Department of Labor; 610 IAC 10-5-2; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8;
IC 22-2-18.1-25
Sec. 3. To register its minors at each of its qualifying locations, each required employer shall use the Youth Employment System (YES), that can be found by following the link provided under the youth employment section on the department's website.
(Department of Labor; 610 IAC 10-5-3; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
610 IAC 10-5-4 Enter and maintain accurate registration; penalties for failure
Authority:
IC 22-1-1-8;
IC 22-2-18.1
Sec. 4. Each required employer shall enter and maintain an accurate and up-to-date list of minor employees at each qualifying location by using the online Youth Employment System (YES). Required employers shall update, within three (3) business days of the change, any information that has changed regarding qualifying locations and the names and numbers of minors at each of those locations. Failure to accurately and timely enter and update this information as described in this rule may result in a warning or civil penalty as set forth in IC 22-2-18.1-30.
(Department of Labor; 610 IAC 10-5-4; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Authority:
IC 22-1-1-8;
IC 22-2-18.1-25
Sec. 5. The public may access the Youth Employment System (YES) as described in this rule to search for registered employers.
(Department of Labor; 610 IAC 10-5-5; filed Feb 9, 2022, 4:14 p.m.: 20220309-IR-610210462FRA)
Hearing Held: December 17, 2021
Approved by Attorney General: January 27, 2022
Approved by Governor: February 1, 2022
Filed with Publisher: February 9, 2022, 4:14 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Mike Myers, Indiana Department of Labor, 402 W. Washington St., Rm. W195, Indianapolis, IN 46204, (317) 234-6718, mmyers@dol.in.gov
Posted: 03/09/2022 by Legislative Services Agency
DIN: 20220309-IR-610210462FRA
Composed: Apr 26,2024 9:58:03AM EDT
A
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