It's no secret youth employment reaches its biggest heights in the summer. No school and minimal extracurricular activities means many teenagers are often looking for ways to make extra cash. But there's a change coming soon that may impact employers.
Effective July 1, the Indiana Department of Labor’s Bureau of Youth Employment has issued a new requirement regarding minor employees (over the age of 14 but under the age of 18) that affects certain employers.
YES is the system employers must now use to comply with the new youth-employment law. The new law requires Indiana employers who employ five or more minor employees, per location, to list the minor employees in the YES registry. All Indiana employers who employ five or more minors must register in YES. Employers who employ four or fewer minor employees are not required to use the YES registry.
The change occurred during the 2020 state legislative session as part of amendments to Indiana Code 22-2-18.1-26 which mandated implementation of the YES registry and the July 1, 2021 effective date.
Employers who meet the criteria must register themselves as a youth employer and provide the required minor employee information. The required information will include the employers’ corporate and individual facility location and minor employee information, such as name and age once the minor is officially employed. Upon termination of employment, it is also the employer’s responsibility to remove the minor’s information from the YES active-employee registry.
The YES registry is currently live to give employers the opportunity to register current minor employees and get used to the new system. Effective July 1, 2021, employers who fail to comply with the new registration requirements may face penalties up to $400 per infraction.
The new YES requirements do not impact the state’s work-hour requirements for minors, and all employers must still comply with the teen work hour restrictions and prohibited and hazardous occupation restrictions for minors.
Additional information, including the YES registry can be found at:
- IC 22-1-18.1-26: http://iga.in.gov/legislative/laws/2020/ic/titles/022#22-2-18.1-26
- Media Release: https://www.in.gov/dol/files/NEWS%20RELEASE_NEW%20YOUTH%20EMPLOYMENT%20REQUIREMENT_FINAL.pdf
- YES Registry: https://er.dol.in.gov/
If you have any questions about youth employment, please reach out to Karen Young (karen.young@gutweinlaw.com) or Shannon Middleton (shannon.middleton@gutweinlaw.com) for assistance.
