that Engrossed House Bill 1481 be amended to read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
" SECTION 1. IC 22-2-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Except as provided in subsection (b), every such person, firm, corporation, limited liability company, or association who shall fail to make payment of wages to any such employee as provided in section 1 of this chapter shall
as liquidated damages for such failure, pay to such
employee for each day that the amount due to him the employee
remains unpaid ten percent (10%) of the amount due to him in addition
thereto. not exceeding double the amount of wages due, and s aid
(b) Upon termination of an employment relationship, the employer shall pay to the employee the unpaid wages minus any amount deducted for amounts applied as due to the employer from the employee, for a purpose related to the employment, as itemized by the employer with the amount due in a written notice accompanying the unpaid wages.
(c) If the employer fails to provide the written notice in conjunction with the unpaid wages, the employee may recover the amount in disagreement in an action brought under subsection (d).
The wages, including any amount in disagreement under
subsection (b), may be recovered in any court having jurisdiction of
a suit to recover the amount due to such employee, and in any suit so
brought to recover said wages or the liquidated damages for
nonpayment thereof, or both, the court shall tax and assess as costs in
said case a along with reasonable fee for the plaintiff's attorney or
attorneys. attorney's fees.
(9) Payment to any credit union, nonprofit organizations, or associations of employees of such employer organized under any law of this state or of the United States.
(10) Payment to any person or organization regulated under the Uniform Consumer Credit Code (IC 24-4.5) for deposit or credit to the employee's account by electronic transfer or as otherwise designated by the employee.
(11) Premiums on policies of insurance and annuities purchased by the employee on the employee's life.
(12) The purchase price of shares or fractional interest in shares in one (1) or more mutual funds.
(13) A judgment owed by the employee if the payment:
(A) is made in accordance with an agreement between the employee and the creditor; and
(B) is not a garnishment under IC 34-25-3.
(14) Payment for the purchase or maintenance of uniforms worn by the employee while performing duties for the employer.
(15) Payment for the purchase or rental of tools and equipment used by the employee while performing duties for the employer.
(16) Payment or repayment of the employee's tuition for:
(A) a postsecondary educational institution;
(B) an apprenticeship training program; or
(C) an educational training program approved by the employer.".