Citations Affected: IC 22-2-4-7; IC 33-28-5-24.5; IC 35-44-2-4.
Synopsis: Continuation of wages when serving as a juror. Requires an
employer to continue the wages or salary of an employee who has been
summoned for jury service. Provides that an employer may require an
employee whose wages or salary have been continued by the employer
because the employee has been summoned for jury service to
reimburse the employer for the amount that was paid to the employee
by the county, city, or town for jury service. Allows an action to be
filed in court by an employee who is due wages or salary from the
employer for the time spent away from employment for jury service,
and allows additional liquidated damages and reasonable attorney's fees
to be awarded by the court. Provides that: (1) an employee of a
governmental entity who accepts property from a governmental entity;
or (2) a public servant who permits the payment of property to an
employee of a governmental entity; for jury service does not commit
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Employment, Labor and
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
IC 33-37-10-1(a)(2) or IC 33-37-10-1(d), or both. An employee who
fails to reimburse the employer for the sum paid under
IC 33-37-10-1(a)(2) or IC 33-37-10-1(d), or both, when requested
to do so by the employer may face disciplinary sanctions by the
(c) An individual serving on a jury on July 1, 2011, shall receive the continuation of wages or salary under this chapter for serving on a jury after June 30, 2011.
(d) If an employer fails to make payment of wages or salary to an employee as provided in subsection (a), the employee may file an action in a court having jurisdiction of a suit to recover the amount due to the employee. In addition to the outstanding wages or salary, as liquidated damages for the failure to make the payment of wages or salary, the employer shall pay ten percent (10%) of the amount due to the employee for each day that the amount due to the employee remains unpaid, not to exceed double the amount of wages or salary due. In a suit brought to recover the wages or salary and the liquidated damages for nonpayment, the court shall tax and assess reasonable attorney's fees as costs.
(e) Subsection (a) does not:
(1) excuse noncompliance with a provision of a collective bargaining agreement or other employment benefit program or plan in effect on July 1, 2011, that is not in substantial conflict with subsection (a); or
(2) justify an employer in reducing employment benefits for jury service provided by the employer that exceed the benefits required by subsection (a).
entity, accepts property from the entity commits ghost employment, a
Class D felony.
(d) A person employed by a governmental entity who knowingly or intentionally accepts property from the entity for the performance of duties not related to the operation of the entity commits ghost employment, a Class D felony.
(e) Any person who accepts property from a governmental entity in violation of this section and any public servant who permits the payment of property in violation of this section are jointly and severally liable to the governmental entity for that property. The attorney general may bring a civil action to recover that property in the county where the governmental entity is located or the person or public servant resides.
(f) For the purposes of this section, an employee of a governmental entity who voluntarily performs services:
(1) that do not:
(A) promote religion;
(B) attempt to influence legislation or governmental policy; or
(C) attempt to influence elections to public office;
(2) for the benefit of:
(A) another governmental entity; or
(B) an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(3) with the approval of the employee's supervisor; and
(4) in compliance with a policy or regulation that:
(A) is in writing;
(B) is issued by the executive officer of the governmental entity; and
(C) contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment;
is considered to be performing duties related to the operation of the governmental entity.
(g) For purposes of this section:
(1) an employee of a governmental entity who accepts property from a governmental entity; or
(2) a public servant who permits the payment of property to an employee of a governmental entity;
for jury service as set forth in IC 33-28-5-24.5 does not commit ghost employment.