Free Indiana Labor and Employment FAQs | Free Indiana Labor and Employment Legal Documents

Are There Restrictions On The Hours A Minor Is Permitted To Work?

Tue, 29 May 2007 21:19:00 GMT

The number of hours teens may work differs based on age, time of year, and parental permission. School day hours differ from the nonschool day hours. Sixteen and 17 year olds can work extended hours with written parental permission. Teens 16 or 17 years of age that have graduated from high school or have received a General Educational Development (GED) diploma are not subject to the hour restrictions. Refer to the The Teen Worker Pamphlet for specific hours.

Can I Collect Benefits If I Quit Or Am Fired From My Job?

Mon, 04 Jun 2007 21:51:22 GMT

If you quit your job without good cause, you cannot get benefits. There are exceptions occasionally when good cause is established. If you were fired for just cause you may not qualify for benefits. Just cause includes but is not limited to:

Giving false information on a job application.
Knowingly breaking an employer's rules.
Unexcused absence or tardiness.
Purposely damaging employer property.
Refusal to obey employer instructions.
Reporting to work under the influence of drugs or alcohol.
Consuming drugs or alcohol on the job.
Conduct that threatens the safety of others.
Conviction and imprisonment for a serious crime.
Breach of a duty you owed your employer.

Can I Work Two Part Time Jobs?

Tue, 29 May 2007 21:19:00 GMT

No. You can only hold one work permit at a time and each work permit is issued for a specific employer. If you quit that job, a new work permit may be issued for another job.

Can My Employer Terminate Me For No Reason?

Tue, 29 May 2007 21:19:00 GMT

Indiana is considered an "employment atwill" state. This means that Indiana employers may hire, fire, promote, demote, layoff, suspend, set their own work hours and policies at their discretion; so long as they do not discriminate against their employees because of their age, sex, race, religion, national origin, or disability.

Do I Have To Pay Taxes On Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes. Unemployment benefits are taxable income and are subject to both federal and state taxes. The Department will send you an IRS form 1099G for tax reporting purposes. You may choose to have fifteen percent of your unemployment benefit payment withheld to pay federal taxes. There is no withholding provision for state taxes.

How Do I File My Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Go to the nearest Indiana Workforce Development unemployment insurance office and file an initial claim. You will need the following information:

Complete name and address
Social Security number
Personal identification
Your most recent employer's name and address
The dates you worked for this employer
The reason you are unemployed

Indiana law requires you to register for work at an Indiana Workforce Development office. You will receive in the mail a claim voucher for your one week waiting period. You will not be paid for your one week waiting period. However, you still need to fill out the voucher and return it by mail or in person when you visit the office. The following week, you will be mailed a voucher to fill out and return for your first week's claim. You will receive your first check approximately one week after you mail your second voucher. Each week, you will be mailed a voucher to fill out and return. You will be asked to return to the office periodically for interviews. A tollfree helpline has been established to answer questions about unemployment insurance or help resolve problems with claims. The number is 18004379136. If you live in Marion County, please dial 2326702. You may also refer to the Claimant Handbook for detailed information.

How Do I Report New Hires?

Tue, 29 May 2007 21:19:00 GMT

There are several options for reporting new hires.

Internet Reporting Click here to report through the Internet
New Hire Reporting Form Click here to download it Send reports to:
Indiana New Hire Reporting Center
P.O. Box 55097
Indianapolis, IN 462055097
Or fax them to: (317) 6123036 or tollfree (800) 4081388
Submit Employee's W4 form (with all required fields completed). Submit by mail or fax. Alternatively, you may submit a printed list with all of the required information (see below)
New Hire Entry Software The New Hire software is designed to make it easy for you to submit new hire reports on diskette or via FTP. To download the New Hire Entry program, click HERE You must report the employee's name, address, social security number, and date of hire. You must also report the employee's state of hire if you are reporting as a multistate employer. Report the employer name, address, Federal Employer Identification Number, and indicate if you are reporting as a multistate employer.

How Do I Set Up A Tax Account?

Tue, 29 May 2007 21:19:00 GMT

You need to file a Report to Determine Status (Form 2837). After an employer has been issued an account number, quarterly reports (UC1 quarterly contributions report and UC5 quarterly payroll report) will be automatically forwarded to the business address at the end of each calendar quarter. It is the employer's responsibility to monitor the receipt of quarterly reports. If they are not received you should call (317) 2327436 or 2327427 to request the missing quarterly report. For every employer covered by the Indiana Department of Workforce Development Act, DWD maintains a separate record, identified by an individual account number. Every time you pay your unemployment tax, make a voluntary payment, or reimburse DWD, the amount is posted to your account. The only charges made against your account are for unemployment insurance drawn by your former employees, or employees working reduced hours or on layoff. Unemployment payments are charged proportionately against the accounts of all base period employers.

How Much Compensation Can I Receive?

Sat, 28 Jun 2008 14:37:08 GMT

Your Weekly Benefit Amount (WBA) is shown on your "Wage Transcript and Benefit Computation". Your WBA is based on the highest wages you earned in any one quarter of the base period. Your WBA is: five percent of the first $2000 you earned in the highest quarter plus four percent of the amount over $2000 in the highest quarter. As of July 1, 2002, the maximum weekly benefit amount is $336. The total amount of your claim is limited by your Maximum Benefit Amount (MBA). It is shown on your "Wage Transcript and Benefit Computation." Your MBA cannot be more than twentyeight percent of your total base period wages. Your MBA cannot be more than twentysix times your Weekly Benefit Amount. As of July 1, 2002, the maximum benefit amount is $7900. You may draw benefits for up to twentysix weeks or until your Maximum Benefit Amount (MBA) has been reached. Your claim is good through the ending date of your Benefit Year (BYE). This allows you to reopen your claim if you become unemployed more than once in that benefit period. The BYE is 52 weeks beginning with the first week you filed your claim. You may qualify for partial benefits if your employer reduces your work hours to less than your regular fulltime work week, and you earn less than your Weekly Benefit Amount (WBA). If you earn less than twenty percent of your weekly benefit amount from an employer that is not listed on your wage transcript, no deduction will be made from your benefit check. If you earn more than twenty percent of your weekly benefit amount from an employer that is not listed on your wage transcript, after twenty percent has been earned, a dollarfordollar deduction will be made from your benefit check. If you work odd jobs for anyone other than your base period employer, a dollarfordollar deduction will be made after the amount equal to twenty percent of your weekly benefit amount has been earned. If any wages are earned from a base period employer, a dollarfordollar deduction will be taken from your benefit check.

If I Am Fired, When Is My Last Paycheck Due?

Tue, 29 May 2007 21:19:00 GMT

If you quit or are fired, your paycheck is due by midnight of your next regularly scheduled payday.

Is A Work Permit Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

Minors under the age of 18 must obtain a work permit before beginning a job. Exceptions include: newspaper carriers, golf caddies, domestic service workers, entertainers, and farm laborers. You must get an Intention to Employ/A1 Form from the issuing officer at the school you attend. Your must then get the signature of your employer and your parent or guardian; take the Intention to Employ/A1 form, along with proof of age, to the issuing officer and the work permit will be issued. Only one work permit can be issued to a teen at a time. Each work permit is issued for a specific employer. An issuing officer may not issue a subsequent work permit until a termination notice has been received on the initial work permit or the issuing officer has otherwise determined that the teen's employment has been terminated. The issuing officer may deny a work permit to a teen whose attendance is not in good standing, as determined by the school; or whose academic performance does not meet the school's standards. The denial of a work permit may be appealed to the principal of the school. Teens 16 or 17 years of age that have graduated from high school or have received a General Educational Development (GED) diploma are not required to obtain a work permit.

Is My Employer Required To Give Me Time Off For Lunch Or Breaks?

Tue, 29 May 2007 21:19:00 GMT

If you are over 18 years of age, Indiana law does not require your employer to give time off for lunch or breaks. Indiana employers must provide a continuous 30minute break to teens under the age of 18, who are scheduled to work six or more consecutive hours.

Must My Employer Pay Me For Sick Days, Personal Days And Holidays?

Tue, 29 May 2007 21:19:00 GMT

Indiana law only requires that employers must pay employees for actual time worked. As a result, employers are not required to pay for sick days, personal days, or holidays unless the employees have been promised payment through the company's personnel policy or employment contract.

Please Explain The New Hire Program

Tue, 29 May 2007 21:19:00 GMT

Under Indiana State Statute IC 224.142 and the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, all public, private, nonprofit, and government employers are required to report all newly hired employees within 20 days of hire to the Indiana New Hire Reporting Center. Prompt reporting of New Hires helps to locate parents who owe child support and to start collections quickly through income deduction.

What Are The Eligibility Requirements To Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Three things determine if you qualify for benefits.

refuse a suitable offer of work,
fail to go to a job referral made by your local office,
cannot show proof you are seeking employment, and/or
are temporarily not available for work due to illness or injury. Benefits can be reduced by 1/3 of your Weekly Benefit Amount for each day you are unavailable.

What Can I Do If I Disagree With A Determination Of Eligibility?

Tue, 29 May 2007 21:19:00 GMT

If your claim for benefits is denied or your benefits are reduced and you disagree with that decision, you have the right to an appeal. Your appeal will be heard in front of an Administrative Law Judge (ALJ). To request an appeal, fill out the Notice of Appeal on the back of the Determination of Eligibility form. File your request for an appeal within twenty days of the date the local office mails the Determination of Eligibility. You can file your appeal by mail or in person at your local office. You will be notified by mail of the date of your appeals hearing. Your former employer(s) will also be notified. If you filed for the appeal you must attend the hearing or your appeal will be dismissed. To protect your rights, you should attend the hearing if your employer appeals. You should receive a copy of "Your Right to an Appeal" when you receive your hearing notice. It will explain the appeals process to you in great detail. If you have questions or need more information about the appeals process, call the Helpline at 1888WorkOne. (9675663) If your former employer(s) disagree with the decision to give you benefits, they can appeal too. You will be notified of the hearing date and time. If you were receiving Unemployment Insurance benefits and your employer wins the appeal, you will have to pay back any benefits you have received.

What Can I Do If I Disagree With The Aljs Decision?

Tue, 29 May 2007 21:19:00 GMT

You may appeal the Administrative Judge's decision to the Unemployment Insurance Review Board within twenty days of the mailing date of the ALJ decision. A party appealing an ALJ decision must file a Form 651 (Request for Appeal to Review Board), or a document that indicates a desire to appeal and contains a specific statement explaining why the appealing party believes that the ALJ's decision is wrong. In most cases, the Review Board will examine the record of the hearing before the ALJ, and will reach its decision, based upon the facts presented at that hearing. The Review Board may grant a request, to introduce additional evidence, if the requesting party shows good cause as to why the evidence was not presented at the ALJ hearing, and why the evidence is relevant. In a small number of cases, the Review Board will conduct a hearing. Following a decision by the Review Board, appeals to the Court of Appeals may be made for errors of law, or findings, not supported by the evidence under the same terms and conditions, as govern appeals in ordinary civil actions.

What Employers Are Required To Pay Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

You are required to pay state unemployment taxes if you qualify under any of the following definitions of "employer": Regular Business Entity

If you have an employee for some part of a day, in each of twenty weeks during a calendar year; or
If you pay $1,500, or more, in gross wages during a calendar quarter.

Voluntary Election If you are not an employer under any other section of Indiana code, then the employing unit can elect to become fully subject to this article to the same extent as any other employer. Agricultural Employer If you have agricultural employees, and pay $20,000, or more, in cash wages in a calendar quarter; or if you have ten or more agricultural employees for some part of a day in each of twenty weeks during a calendar year. FUTA Liable Any employing unit liable for any FUTA tax in another state is immediately liable when employment starts in Indiana. Governmental Employer Service performed by an individual in the employment of this state or any government entity. Exclusions are elected officials, members of a legislative or judiciary body, members of the state National Guard or Air National Guard, employees serving on a temporary basis in the case of an emergency, or individuals designated as a major nontenured policy making or advisory position. NotforProfit Employer Employers (religious, educational, charitable) exempt from FUTA solely by reason of Section 3306(c)(8) of that act, not forprofit organization under 501(c3) which employ four or more individuals for some portion of a day in each of twenty different weeks during the calendar year. Domestic Employer If you have hired household help of any kind and have paid a total of $1,000, or more, in wages in any calendar quarter in a calendar year.

What Is An Overpayment?

Tue, 29 May 2007 21:19:00 GMT

Overpayments are benefits paid to a claimant that are later determined to have been paid in error. Overpayments occasionally occur when a claimant is allowed benefits and an appeal by an employer reverses the decision. The claimant is then found ineligible for all benefits received. Inaccurate information or an employer's error in reporting your wages may cause an overpayment. Anytime a claimant receives benefits for which he or she is not eligible, the claimant must pay back the same amount of benefits, plus any taxes or deductions withheld. This can be done on a payment schedule. The State of Indiana has the right to withhold state income tax returns and lottery winnings in order to recover any overpayments that have not been collected.

What Is The Tax Rate That A New Employer Will Have To Pay?

Tue, 29 May 2007 21:19:00 GMT

The tax rate for new employers is 2.7% of the first $7,000 of wages earned by each employee each calendar year. Governmental employers rate is 1.0% and they have the option to be taxable (pay contributions) or reimbursable (reimburse the Fund for benefits paid.) Not for Profit employers rate is 2.7 and they have the option to be taxable or reimbursable.

What Kind Of Jobs Are Minors Prohibited From Doing?

Tue, 13 May 2008 18:29:44 GMT

Federal and State law forbids the employment in occupations deemed hazardous. Refer to the The Teen Worker Pamphlet listing of prohibited occupations.

What is the minimum wage in the Indiana?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in Indiana is currently $6.55. The minimum wage applies to employers of two or more employees. However, it does not include any employer who is subject to the minimum wage provisions of the federal Fair Labor Standards Act. All tipped employees should be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference.

Where Can I Get More Information On Suta?

Tue, 29 May 2007 21:19:00 GMT

For general tax questions, employer account status or tax rate calculations, call 1(800) 8916499 or, in Marion County, (317) 2327436. If you need forms, you may download the following forms here:

Status Report for Domestic (household) Employment (Form 45982)
Status Report Agricultural Employment (Form 46798)
Request for Address Change/Correction (Form 48812)
Employer's Contribution adjustment report (form 44954)
Report to Determine Status (Form 2837)
Report of Inactivation (Form 46800)
Report of Transfer Complete Sale (Form 46799)
Report of Transfer Partial Sale (Form 23299)
Quarterly Contribution report, form UC1
Quarterly Payroll Report, Form UC5A
Employer's Contribution Adjustment Report, State form 44954
Eligibility Information Report Form 501
Notice To Employers, Form X1006

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