Employment Act of Indiana State: Overview of Wage Payment Law and Wage Claims Act

Recently, the Indiana Employment Law topic that produced some interesting discussions includes the wage payment method under IndooCode. Wage claim provision under industrial code. 22-2-9. Both of these laws are managing the options available to employees who believe employers are not paying their wages. However, it is important to know the differences between the two statutes.

First, the wage payment regulation governs the time that an employer must pay wages to employees. If an employee assigns a wage payment request to the Department of Labor ("DOL") and DOL accepts that award, you can not file a lawsuit under the wage payment law unless DOL ratifies it. Also, join the employee's case.

Secondly, the wage billing provision relates to the dispute on the amount of remuneration. Claims based on wage complaint provision need to be submitted to DOL. After submitting the DOL application, it is necessary to request waiver or introduction from DOL or the Office of Prosecutor General ("AGO") so that employees' lawyers can proceed with the lawsuit.

Submitting an application to a DOL is relatively easy. Normally, an employee's lawyer processes the process and submits the application using the form provided by DOL. Otherwise, you can submit a wage application online via DOL's website.

If your employees do not have a lawyer, it is important to discuss with lawyers or DOL. Lawyers have various requirements regarding application. For example, DOL refuses to process an application if the employee's foundation is minimum wage, overtime work, holiday wage, or disease wage. In addition, DOL will not process the application if the employer filed for bankruptcy that the employer is not located in Indiana. Also, if you perform your business as an independent contractor, DOL will not process your application. Only when the claim is $ 30.00 or $ 6,000, DOL will process the application. In all other situations, employees need to hold a lawyer.

The Indiana State Supreme Court recently addressed wage deduction provisions and wage payment provisions Walczak v. Labor Works - Fort Wayne LLC, 983 N. E.2 d 1146 (Ind. 2013). This decision clarified matters to be billed based on the wage payment law as opposed to wage complaint contracts.

The Walczak As used in the wage declaration law, the meaning of "separated from payroll" changed. The Supreme Court ruled that this issue is really jurisdictional. If the workers were unintentionally separated from payroll, the court of court did not have jurisdiction over the law but when voluntarily leaving employment the court had jurisdiction.

The Supreme Court concluded that it would make sense for an employee who did not retire his / her term of office to claim a wage claim, to take administrative review before proceeding directly to court. Employees of workers were not separated from payrolls for the purpose of the wage billing law unless they immediately expect future employment with the same employee. The workers immediately had such expectations. She worked on the agency work sporadically over the next four weeks. Workers are not separated from payroll and do not need to meet the requirements of wage requirements law.

The Walczak The case extended the law,[w]If an employee who does not keep her own term is making a claim for wages it is reasonable to undergo administrative review before proceeding directly to the court. " Unless an employee immediately expects future employment with the same employer, the wage complaint law.

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