in-20251105-IR-610250625FNA: The Department of Labor (department) is soliciting public comment on amending and repealing rules at 610 IAC 10, concerning youth employment, and bringing the rules into compliance with the Indiana Code. The department seeks comment on the affected citations listed and any other provisions of Title 610 that may be affected by this rulemaking.

TITLE 610 DEPARTMENT OF LABOR Notice of First Public Comment Period LSA Document #25-625 YOUTH EMPLOYMENT STATUTORY COMPLIANCE CHANGES PURPOSE OF NOTICE The Department of Labor (department) is soliciting public comment on amending and repealing rules at 610 IAC 10, concerning youth employment, and bringing the rules into compliance with the Indiana Code. The department seeks comment on the affected citations listed and any other provisions of Title 610 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Regulatory Analysis: 20251105-IR-610250625RAA Notice of Public Hearing: 20251105-IR-610250625PHA CITATIONS AFFECTED: 610 IAC 10-1-6; 610 IAC 10-3-1; 610 IAC 10-5-1; 610 IAC 10-5-4 AUTHORITY: IC 22-1-1-8; IC 22-2-18.1-27 OVERVIEW Basic Purpose and Background New youth employment laws were enacted by P.L. 75-2024 and P.L. 133-2024 in the 2024 legislative session, which became effective January 1, 2025. These changes made three of the four rules being modified or repealed in direct conflict with youth employment statutory provisions, while the fourth rule is a definition that is not completely accurate as stated due to an exemption that was previously inadvertently omitted. Clarity of rules and consistency with statutes are important to lend credibility to the state and its laws to ensure proper compliance. The proposed rules will not add any new regulatory obligations, but should impact all employers in the state that hire at least five minors who are at least fourteen years of age, but less than eighteen years of age, subject to a few exceptions, such as minors employed by their own parent or who work as a: (1) performer; (2) newspaper carrier; or (3) youth athletic program referee, umpire, or official. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT The department is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than December 5, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Department of Labor, 402 West Washington Street, Room W195, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Department of Labor office. If the department does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 6. "Required employer" means an employer who: Sec. 1. An employer shall maintain records of days and hours worked for all employees under eighteen (18) sixteen (16) years of age in order to verify compliance with IC 22-2-18.1. Sec. 4. Each A required employer shall enter and maintain an accurate and up-to-date list of minor employees at each qualifying location by using the online Youth Employment System (YES). Required employers shall update within three (3) business days of the change, any information that has changed regarding qualifying locations, and the names and numbers of minors at each of those locations. Failure to accurately and timely enter and update this information as described in IC 22-2-18.1-26(c) and this rule may result in a warning or civil penalty as set forth in IC 22-2-18.1-30.