2013 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4.1. DEPARTMENT OF WORKFORCE DEVELOPMENT
CHAPTER 4. DUTIES
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IC 22-4.1-4
Chapter 4. Duties
IC 22-4.1-4-1
Duties regarding workforce development initiatives
Sec. 1. The department may undertake duties identified by the
commissioner as related to workforce development initiatives that
were required of or authorized to be undertaken before July 1, 1994,
by:
(1) the department of employment and training services;
(2) the office of workforce literacy established by
IC 22-4.1-10-1; or
(3) the Indiana commission for career and technical education
established by IC 22-4.1-13-6.
As added by P.L.105-1994, SEC.5. Amended by P.L.21-1995,
SEC.142; P.L.1-2005, SEC.187; P.L.140-2007, SEC.7;
P.L.234-2007, SEC.146; P.L.3-2008, SEC.162.
IC 22-4.1-4-2
Mandatory one stop partners; Indiana directory of hires and
rehires
Sec. 2. (a) This section applies only to an employer who employs
individuals within the state.
(b) As used in this section, "date of hire" is:
(1) the first date that an employee provides labor or services to
an employer; or
(2) the first date that an employee resumes providing labor or
services to an employer after a separation from service with the
employer of at least sixty (60) days.
(c) As used in this section, "employee":
(1) has the meaning set forth in Chapter 24 of the Internal
Revenue Code of 1986; and
(2) includes any individual:
(A) required under Internal Revenue Service regulations to
complete a federal form W-4; and
(B) who has provided services to an employer.
The term does not include an employee of a federal or state agency
who performs intelligence or counter intelligence functions if the
head of the agency determines that the reporting information required
under this section could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.
(d) As used in this section, "employer" has the meaning set forth
in Section 3401(d) of the Internal Revenue Code of 1986. The term
includes:
(1) governmental agencies;
(2) labor organizations; or
(3) a person doing business in the state as identified by:
(A) the person's federal employer identification number; or
(B) if applicable, the common paymaster, as defined in
Section 3121 of the Internal Revenue Code or the payroll
reporting agent of the employer, as described in IRS Rev.
Proc. 70-6, 1970-1, C.B. 420.
(e) As used in this section, "labor organization" has the meaning
set forth in 42 U.S.C. 653A(a)(2)(B)(ii).
(f) As used in this section, "newly hired employee" means an
employee who:
(1) has not previously been employed by an employer; or
(2) resumes service with an employer after a separation from
service of at least sixty (60) days.
(g) The department shall maintain the Indiana directory of new
hires as required under 42 U.S.C. 653A.
(h) The directory under subsection (g) must contain the
information for each newly hired employee that an employer must
provide to the department under subsection (k).
(i) An employer must transmit the information required under
subsection (k):
(1) within twenty (20) business days of the employee's date of
hire; or
(2) if the information is transmitted magnetically or
electronically, in two (2) monthly transactions that are:
(A) not less than twelve (12) days apart; and
(B) not more than sixteen (16) days apart.
(j) A report containing the information required under subsection
(k) is considered timely:
(1) if it is postmarked on or before the due date, whenever the
report is mailed; or
(2) if it is received on or before the due date, whenever the
report is transmitted by:
(A) facsimile machine; or
(B) electronic or magnetic media.
(k) The employer shall provide the information required under
this section on an employee's withholding allowance certificate
(Internal Revenue Service form W-4) or, at the employer's option, an
equivalent form. The report must include at least the following:
(1) The name, address, and Social Security number of the
employee.
(2) The name, address, and federal tax identification number of
the employer.
(3) The date of hire of the employee.
(l) An employer that has employees in two (2) or more states and
that transmits reports under this section electronically or
magnetically may comply with this section by doing the following:
(1) Designating one (1) state to receive each report.
(2) Notifying the Secretary of the United States Department of
Health and Human Services which state will receive the reports.
(3) Transmitting the reports to the agency in the designated
state that is charged with receiving the reports.
(m) The department may impose the following as a civil penalty:
(1) Twenty-five dollars ($25) on an employer that fails to
comply with this section.
(2) Five hundred dollars ($500) on an employer that fails to
comply with this section if the failure is a result of a conspiracy
between the employer and the employee to:
(A) not provide the required report; or
(B) provide a false or an incomplete report.
(n) The department shall do the following with information
received from an employer regarding newly hired employees:
(1) Enter the information into the state's new hire directory
within five (5) business days of receipt.
(2) Forward the information to the national directory of new
hires not later than three (3) business days after the information
is entered into the state's new hire directory.
The state shall use quality control standards established by the
Administrators of the National Directory of New Hires.
(o) The information contained in the Indiana directory of new
hires is available only for use by the department for purposes
required by 42 U.S.C. 653A, unless otherwise provided by law.
(p) The department of child services (established under
IC 31-25-1-1) shall:
(1) reimburse the department for any costs incurred in carrying
out this section; and
(2) enter into a purchase of service agreement with the
department that establishes procedures necessary to administer
this section.
As added by P.L.257-1997(ss), SEC.35. Amended by P.L.290-2001,
SEC.34; P.L.131-2009, SEC.4; P.L.154-2013, SEC.8.
IC 22-4.1-4-3
Training program priority for National Guard members and
spouses
Sec. 3. (a) As used in this section, "active duty" means full-time
service in the National Guard for more than thirty (30) consecutive
days in a calendar year.
(b) As used in this section, "National Guard" means:
(1) the Indiana Army National Guard; or
(2) the Indiana Air National Guard.
(c) This section applies to a member of the National Guard who:
(1) is a resident of Indiana; and
(2) serves on active duty.
(d) Unless otherwise provided by federal law, the department
shall give a member of the National Guard or the spouse of a member
of the National Guard priority for placement in any federal or state
employment or training program administered by the department if
the member or the member's spouse:
(1) submits documentation satisfactory to the department
establishing the dates of the member's active service; and
(2) meets the eligibility requirements for the program.
(e) The priority status under subsection (d) for a member of the
National Guard expires one (1) year after the date the member is
discharged or released from active duty.
(f) The priority status under subsection (d) for the spouse of a
member of the National Guard expires on the date the member is
discharged or released from active duty.
As added by P.L.11-2007, SEC.1.
IC 22-4.1-4-4
Information sharing concerning construction workers misclassified
as independent contractors
Sec. 4. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do business
in Indiana. The term includes a general contractor, a subcontractor,
and a lower tiered contractor. The term does not include the state, the
federal government, or a political subdivision.
(c) The department shall cooperate with the:
(1) department of labor created by IC 22-1-1-1;
(2) department of state revenue established by IC 6-8.1-2-1; and
(3) worker's compensation board of Indiana created by
IC 22-3-1-1(a);
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the department who knowingly or
intentionally discloses information that is confidential under this
section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.4.
IC 22-4.1-4-5
Coordination with commission for higher education and
department of workforce development to develop entrepreneurship
education
Sec. 5. The department shall coordinate with the commission for
higher education (IC 21-18-1) and the Indiana state board of
education (IC 20-19-2) to develop entrepreneurship education
programs for elementary and secondary education, higher education,
and individuals in the work force.
As added by P.L.172-2011, SEC.129.
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