Wage payment and wage assignment.

Authors: Representative David Ober

Co-authors: Representative John Price, Representative Robert Morris

Sponsors: Senator Carlin Yoder, Senator Scott Schneider


Provides that an employer who fails to make timely payment of wages to an employee and was not acting in good faith shall, in addition to the wages due, pay: (1) liquidated damages not to exceed 10% of the unpaid wages for each day that the amount due the employee remains unpaid, with the total amount awarded not to exceed double the amount of wages due; and (2) a reasonable fee for the employee's attorney. Provides that an employee may assign wages for: (1) the purchase of uniforms or equipment necessary to fulfill the duties of employment, subject to the restriction that the total amount of the wages assigned may not exceed the lesser of: (A) $2,500 per year; or (B) the maximum deduction allowed for a wage overpayment under IC 22-2-6-4; (2) reimbursement for education or employee skills training, subject to the restriction that an employer may not require, as a condition of employment, that an employee pay or reimburse the employer for training that is specific to the employee's job with the employer; and (3) an advance for payroll or vacation pay. Provides that the interest rate charged on amounts loaned or advanced to an employee and repaid using a wage assignment may not exceed the bank prime loan interest rate as reported by the Board of Governors of the Federal Reserve System or any successor rate, plus 4%.