CHAPTER 5. FREQUENCY OF WAGE PAYMENTS
IC 22-2-5
Chapter 5. Frequency of Wage Payments
IC 22-2-5-0.5
"Business day"
Sec. 0.5. As used in this chapter, "business day" means a day
other than Saturday, Sunday, or a legal holiday (as defined in
IC 1-1-9-1).
As added by P.L.51-2007, SEC.1.
IC 22-2-5-1
Payment; voluntarily leaving employment
Sec. 1. (a) Every person, firm, corporation, limited liability
company, or association, their trustees, lessees, or receivers
appointed by any court, doing business in Indiana, shall pay each
employee at least semimonthly or biweekly, if requested, the amount
due the employee. The payment shall be made in lawful money of the
United States, by negotiable check, draft, or money order, or by
electronic transfer to the financial institution designated by the
employee. Any contract in violation of this subsection is void.
(b) Payment shall be made for all wages earned to a date not more
than ten (10) business days prior to the date of payment. However,
this subsection does not prevent payments being made at shorter
intervals than specified in this subsection, nor repeal any law
providing for payments at shorter intervals. However, if an employee
voluntarily leaves employment, either permanently or temporarily,
the employer shall not be required to pay the employee an amount
due the employee until the next usual and regular day for payment of
wages, as established by the employer. If an employee leaves
employment voluntarily, and without the employee's whereabouts or
address being known to the employer, the employer is not subject to
section 2 of this chapter until:
(1) ten (10) business days have elapsed after the employee has
made a demand for the wages due the employee; or
(2) the employee has furnished the employer with the
employee's address where the wages may be sent or forwarded.
(Formerly: Acts 1933, c.47, s.1; Acts 1971, P.L.350, SEC.1.) As
amended by P.L.216-1989, SEC.2; P.L.8-1993, SEC.273;
P.L.51-2007, SEC.2.
IC 22-2-5-1.1
Employees eligible for overtime compensation; exemption from
IC 22-2-5-1
Sec. 1.1. Salaried employees who are eligible for overtime
compensation under the Fair Labor Standards Act (29 U.S.C. 201 et
seq.) are specifically exempted from section 1 of this chapter.
As added by P.L.143-1988, SEC.1.
IC 22-2-5-2
Failure to pay; damages; actions for recovery
Sec. 2. Every such person, firm, corporation, limited liability
company, or association who shall fail to make payment of wages to
any such employee as provided in section 1 of this chapter shall, as
liquidated damages for such failure, pay to such employee for each
day that the amount due to him remains unpaid ten percent (10%) of
the amount due to him in addition thereto, not exceeding double the
amount of wages due, and said damages may be recovered in any
court having jurisdiction of a suit to recover the amount due to such
employee, and in any suit so brought to recover said wages or the
liquidated damages for nonpayment thereof, or both, the court shall
tax and assess as costs in said case a reasonable fee for the plaintiff's
attorney or attorneys.
(Formerly: Acts 1933, c.47, s.2.) As amended by P.L.144-1986,
SEC.8; P.L.8-1993, SEC.274.
IC 22-2-5-3
Agricultural workers; exemptions
Sec. 3. Farmers and those engaged in the business of agriculture
and horticulture shall be specifically exempt from the provisions of
this chapter.
(Formerly: Acts 1933, c.47, s.3.) As amended by P.L.144-1986,
SEC.9.