CHAPTER 9. WAGE CLAIMS
IC 22-2-9
Chapter 9. Wage Claims
IC 22-2-9-1
Definitions
Sec. 1. Whenever used in this chapter:
(a) The term "employer" means and includes every person, firm,
partnership, association, corporation, limited liability company,
receiver, or other officer of any court of this state, and any agent or
officer of any of the above mentioned classes, employing any person
in this state.
(b) The term "wages" means all amounts at which the labor or
service rendered is recompensed, whether the amount is fixed or
ascertained on a time, task, piece, or commission basis, or in any
other method of calculating such amount.
(Formerly: Acts 1939, c.95, s.1.) As amended by P.L.144-1986,
SEC.13; P.L.8-1993, SEC.276.
IC 22-2-9-2
Discharge of employee; unpaid wages; payment; labor disputes
Sec. 2. (a) Whenever any employer separates any employee from
the pay-roll, the unpaid wages or compensation of such employee
shall become due and payable at regular pay day for pay period in
which separation occurred: Provided, however, That this provision
shall not apply to railroads in the payment by them to their
employees.
(b) In the event of the suspension of work, as the result of an
industrial dispute, the wages and compensation earned and unpaid at
the time of such suspension shall become due and payable at the next
regular pay day, including, without abatement or reduction, all
amounts due all persons whose work has been suspended as a result
of such industrial dispute.
(Formerly: Acts 1939, c.95, s.2; Acts 1969, c.62, s.1.)
IC 22-2-9-3
Disputes; payment of amount agreed upon
Sec. 3. In case of a dispute over wages, the employer shall give
notice to the employee of the amount of wages which he concedes to
be due, and shall pay such amount, without condition, within the
time fixed by this chapter, but the acceptance by the employee of any
payment made under this chapter shall not constitute a release as to
any balance of his claim.
(Formerly: Acts 1939, c.95, s.3.) As amended by P.L.144-1986,
SEC.14.
IC 22-2-9-4
Investigations; civil actions
Sec. 4. (a) It shall be the duty of the commissioner of labor to
enforce and to insure compliance with the provisions of this chapter,
to investigate any violations of any of the provisions of this chapter,
and to institute or cause to be instituted actions for penalties and
forfeitures provided under this chapter. The commissioner of labor
may hold hearings to satisfy himself as to the justice of any claim,
and he shall cooperate with any employee in the enforcement of any
claim against his employer in any case whenever, in his opinion, the
claim is just and valid.
(b) The commissioner of labor may refer claims for wages under
this chapter to the attorney general, and the attorney general may
initiate civil actions on behalf of the claimant or may refer the claim
to any attorney admitted to the practice of law in Indiana. The
provisions of IC 22-2-5-2 apply to civil actions initiated under this
subsection by the attorney general or his designee.
(Formerly: Acts 1939, c.95, s.4.) As amended by P.L.127-1984,
SEC.1.
IC 22-2-9-5
Assignment of claims; joinder of actions
Sec. 5. (a) The commissioner of labor is hereby authorized to take
assignments of wage claims of less than six thousand dollars
($6,000), rights of action for penalties, mechanics and other liens of
workers, without being bound by any of the technical rules with
reference to the validity of such assignments, and shall have power
and authority to prosecute actions for the collection of such claims
of persons who, in the judgment of the commissioner:
(1) are entitled to the services of the commissioner; and
(2) have claims which are valid and enforceable in the court.
(b) The commissioner shall have power to join various claimants
in one (1) preferred claim or lien, and, in case of suit, to join them in
one (1) cause of action.
(Formerly: Acts 1939, c.95, s.5; Acts 1965, c.68, s.1; Acts 1971,
P.L.351, SEC.1.) As amended by P.L.165-2007, SEC.2.
IC 22-2-9-6
Actions and proceedings; costs; bond; sheriff's fees
Sec. 6. (a) In all actions brought by the labor commissioner as
assignee under section 5 of this chapter, no court costs of any nature
shall be required to be advanced nor shall any bond or other security
therefor be required from the commissioner in connection with the
same.
(b) Any sheriff, constable, or other officer requested by the
commissioner to serve summons, writs, complaints, or orders and all
necessary and legal papers within his jurisdiction shall do so without
requiring the commissioner to advance the fees or furnish any
security or bond therefor.
(Formerly: Acts 1939, c.95, s.6.) As amended by P.L.144-1986,
SEC.15.
IC 22-2-9-7
Savings clause
Sec. 7. Nothing in this chapter shall be construed to repeal
IC 22-2-5.
(Formerly: Acts 1939, c.95, s.8.) As amended by P.L.144-1986,
SEC.16.