Under Indiana Child Labor Laws, employers in the state must stay compliant when hiring employees that are under the age of 18. More specifically, youth employees in Indiana have certain requirements and restrictions when it comes to hours worked, duties performed, and a few other provisions. Here is everything employers need to know regarding Indiana Child Labor Laws.
Indiana Child Labor Laws are enforced and maintained by the Indiana Youth Employment Division, a division of the Indiana Department of Labor (DOL).
Generally, employers in the state of Indiana need to be aware of the following things when hiring employees under the age of 18:
Of course, these are just important areas to be aware of specific to child labor and employing minors. It's important to keep in mind that employers still must comply with all the other Indiana Labor Laws required by the state.
While many states in the United States utilize youth work permits when it comes to minor employment, Indiana has made the change to go completely electronic.
Since July 1st, 2021, employers in Indiana with five or more minor employees must use the Indiana Youth Employment System (YES) to track and report minor employee information.
Employers in Indiana must use the system to provide corporate and individual location information, and minor employee information once the minor is employed. Once the minor is no longer employed they may be removed from the system. Employers found out of compliance may receive fines of up to $400 per employee.
Important to note is that employers with fewer than five minor employees do not need to use the system, but may still choose to sign up.
Employers can sign up for YES by clicking this link.
When it comes to minor employment in Indiana, there are certain restrictions on the duties that a minor can be asked to undertake. These duties also differ depending on the age of the minor, with the restrictions being more intense for minors aged 14 to 15.
For more information regarding the above-prohibited duties and the details behind each one, employers can see the YES website.
Minor employees between the ages of 16 and 17 may not perform the following duties and /or scenarios:
For more information regarding the above-prohibited duties and the details behind each one, employers can see the YES website.
In addition to the restrictions on duties and occupations performed, minors in Indiana also have restrictions on the hours that they may work. Like the duty restrictions, the restrictions on hours worked differ depending on the age of the minor.
Minors ages 14 and 15 may only work up to three hours on a school day, and up to eight hours on a non-school day. In addition to the daily limits, minors may only work up to 18 hours per school week, and up to 40 during a non-school week.
In addition to the total hours worked, there are certain windows in which minors ages 14 to 15 may work. Minors 14 and 15 may only work from 7:00 am until 7:00 pm, and must work outside of school hours. From June 1st through Labor Day, minors may work until 9:00 pm so long as the night is not followed by a school day.
Minors ages 16 and 17 may only work up to nine hours per day, up to 40 hours per school week, and up to 48 hours per non-school week.
Minors ages 16 and 17 may also not work more than 6 consecutive days.
Minor employees ages 16 and 17 also have more complex restrictions on shift lengths and start times. Shifts may not start between the hours of 12:00 am and 6:00 am, and do not have a specific end time, so long as it is not a school night. Shifts on a school night must end by 10:00 pm, however, minor employees may work until 11:00 pm if written parental permission is obtained.
Lastly, minors ages 16 and 17 may not work in an establishment that is open to the public between the hours of 10:00 pm and 6:00 am unless another employee that is 18 or older is also present during the same hours as the minor.
While the Indiana Youth Employment Center provides a wide array of materials and resources regarding youth employment in Indiana, but there are only a few things that are required for employers to post.
Employers in Indiana must display the Teen Work Hour Restrictions poster, as well as keep the following forms and documents handy:
While the risk for non-compliance is greater when hiring youth employees, the necessity to do so likely outweighs the risk. Therefore it is critical that employers looking to hire minors for their business in Indiana understand and adhere to the requirements and restrictions regarding youth employment in the state.
Companies that are struggling with Indiana compliance regarding things like youth employment, or other areas of Indiana Labor Law, may want to consider reaching out to an Indiana Payroll and HR company for help.
Businesses looking for assistance can contact us, or get connected with a provider today!