State Law > Indiana > Indiana Meal and Rest Period Law

Indiana Meal and Rest Period Law

 

Indiana meal and rest period law concerning transportation of railroad employees by contract carriers and minors is primarily located in the Indiana Administrative Code which is not covered here.

IC 4-1-2-1

1. It is the intent of this chapter that state offices be open and able to conduct public business at all times during an eight and one-half (8 1/2) hour working day. Each employee shall work for a full seven and one-half (7 1/2) hours each working day and provision for a one (1) hour lunch period shall be provided each employee. Lunch hours of employees shall be staggered to permit the conduct of business at all times during a working day. Breaks shall be provided as set forth in IC 5-10-6-2. It shall be lawful for state offices to close their doors for business from the close of the working day each Friday or in the event Friday is a legal holiday, then from the close of the working day on the Thursday which immediately precedes such legal holiday, until the commencement of the working day on the next following Monday, or in the event Monday is a legal holiday, then until the commencement of the working day on the Tuesday which immediately follows such legal holiday; provided, however, that the state library may be kept open until noon Saturdays in the discretion of the Indiana library and historical board.

IC 5-10-6-2 Concerning employee breaks for nursing mothers

(a) The state and political subdivisions of the state shall provide reasonable paid break time each day to an employee who needs to express breast milk for the employee's infant child. The break time must, if possible, run concurrently with any break time already provided to the employee. The state and political subdivisions are not required to provide break time under this section if providing break time would unduly disrupt the operations of the state or political subdivisions.
(b) The state and political subdivisions of the state shall make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee described in subsection (a) can express the employee's breast milk in privacy. The state and political subdivisions shall make reasonable efforts to provide a refrigerator or other cold storage space for keeping milk that has been expressed. The state or a political subdivision is not liable if the state or political subdivision makes a reasonable effort to comply with this subsection.

IC 20-33-3-30 Occupations for which children less than 18 years of age may be employed

(a) This section applies to occupations for which a child less than eighteen (18) years of age may be employed or allowed to work under this chapter but does not apply to children subject to:(1) section 6 of this chapter; or(2) section 29(2) or 29(3) of this chapter.
(b) A person, firm, limited liability company, or corporation that employs a child less than eighteen (18) years of age shall provide the child one (1) or two (2) rest breaks totaling at least thirty (30) minutes if the child is scheduled to work at least six (6) consecutive hours. Breaks shall be provided as set forth in IC 5-10-6-2.

IC 22-2-14 Chapter 14. Employee Breaks

(1) As used in this chapter, "employer" means a person or entity that employs twenty-five (25) or more employees.
(a) To the extent reasonably possible, an employer shall provide a :w rivate location, other than a toilet stall, where an employee can express the employee's breast milk in privacy during any period away from the employee's assigned duties.
(b) To the extent reasonably possible, an employer shall:(1) provide a refrigerator or other cold storage space for keeping milk that has been expressed; or
(2) allow the employee to provide the employee's own portable cold storage device for keeping milk that has been expressed until the end of the employee's work day.
(c) Except in cases of willful misconduct, gross negligence, or bad faith, an employer is not liable for any harm caused by or arising from either of the following that occur on the employer's premises:(1) The expressing of an employee's breast milk.(2) The storage of expressed milk.



Chapter 12. Prohibition on Smoking
Sec. 0.5. As used in this chapter, "ashtray" means any receptacle that is used for disposing of smoking materials, including ash and filters.


Sec. 1. As used in this chapter, "place of employment" means an enclosed area of a structure that is a place of employment. The term does not include a private vehicle.


Sec. 2. As used in this chapter, "public place" means an enclosed area of a structure in which the public is invited or permitted.


Sec. 3. As used in this chapter, "smoking" means the: (1) carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or (2) inhalation or exhalation of smoke from lighted tobacco smoking equipment.


Sec. 4. (a) Except as provided in section 5 of this chapter, smoking is prohibited in the following:
(1) A public place. 
(2) A place of employment. 
(3) A vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function. 
(4) The area within eight (8) feet of a public entrance to:
(A) a public place; or
(B) a place of employment. 
(b) An employer shall inform each of the employer's employees and prospective employees of the smoking prohibition applying to the place of employment.
© An owner, operator, manager, or official in charge of a public place or place of employment shall remove ashtrays or other smoking paraphernalia from areas of the public place or place of employment where smoking is prohibited under this chapter. However, this subsection does not prohibit the display of ashtray or other smoking paraphernalia that are intended only for retail sale.
(d) An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each public entrance that read "State Law Prohibits Smoking Within 8 Feet of this Entrance" or other similar language.


Sec. 5. (a) Except as provided in subsection (c) and subject to section 13 of this chapter, smoking may be allowed in the following:
(1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility. 
(2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:
(A) owned or leased by the owner of the riverboat; and 
(B) located on land that is adjacent to:
(i) the dock to which the riverboat is moored; or 
(ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).
(3) A facility that operates under a gambling game license under IC 4-35-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.
(4) A satellite facility licensed under IC 4-31-5.5. 
(5) An establishment owned or leased by a business that meets the following requirements:
(A) The business was in business and permitted smoking on December 31, 2012.
(B) The business prohibits entry by an individual who is less than twenty-one (21) years of age.
(C) The owner or operator of the business holds a beer, liquor, or wine retailer's permit. (D) The business limits smoking in the establishment to either:
(i) cigar smoking; or
(ii) smoking with a waterpipe or hookah device. 
(E) During the preceding calendar year, at least ten percent (10%) of the business's annual gross income was from:
the sale of cigars and the rental of onsite humidors; or
(ii) the sale of loose tobacco for use in a waterpipe or hookah device.
(F) The person in charge of the business posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited.
(6) A premises owned or leased by and regularly used for the activities of a business that meets all of the following:
(A) The business is exempt from federal income taxation under 26 U.S.C. 501(c). 
(B) The business:
(i) meets the requirements to be considered a club under IC 7.1-3-20-1; or
(ii) is a fraternal club (as defined in IC 7.1-3-20-7).
(C) The business provides food or alcoholic beverages only to its bona fide members and their guests. (D) The business, during a meeting of the business's members, voted within the previous two (2) years to allow smoking on the premises.
(E) The business:
(i) provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises;
(ii) allows smoking only in the room or area described in item (i); and
(iii) does not allow an individual who is less than eighteen (18) years of age to enter into the room or area described in item (i).
(7) A retail tobacco store used primarily for the sale of tobacco products and tobacco accessories that meets the following requirements:
(A) The owner or operator of the store held a valid tobacco sales certificate issued under IC 7.1-3-18.5 on June 30 2012.
(B) The store prohibits entry by an individual who is less than eighteen (18) years of age.
(C) The sale of products other than tobacco products and tobacco accessories is merely incidental.
(D) The sale of tobacco products accounts for at least eighty-five percent (85%) of the store's annual gross sales.
(E) Food or beverages are not sold for consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises.
(8) A bar or tavern:
(A) for which a permittee holds:
(i) a beer retailer's permit under IC 7.1-3-4; 
(ii) a liquor retailer's permit under IC 7.1-3-9; or 
(iii) a wine retailer's permit under IC 7.1-3-14;
(B) that does not employ an individual who is less than eighteen (18) years of age;
(C) that does not allow an individual who:
(i) is less than twenty-one (21) years of age; and
(ii) is not an employee of the bar or tavern; to enter any area of the bar or tavern; and
(D) that is not located in a business that would otherwise be subject to this chapter.
(9) A cigar manufacturing facility that does not offer retail sales. 
(10) A premises of a cigar specialty store to which all of the following apply:
(A) The owner or operator of the store held a valid tobacco sales certificate issued under IC 7.1-3-18.5 on June 30, 2012. 
(B) The sale of tobacco products and tobacco accessories account for at least fifty percent (50%) of the store's annual gross sales. 
(C) The store has a separate, enclosed, designated smoking room that is adequately ventilated to prevent migration of smoke to nonsmoking areas.
(D) Smoking is allowed only in the room described in clause (C). 
(E) Individuals who are less than eighteen (18) years of age are prohibited from entering into the room described in clause (C).
(F) Cigarette smoking is not allowed on the premises of the store. 
(G) The owner or operator of the store posts a conspicuous sign on the premises of the store that displays the message that cigarette smoking is prohibited.
(H) Food or beverages are not sold for consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises.
(11) The premises of a business that is located in the business owner’s private residence (as defined in IC 3-5-2-42.5) if the only employees of the business who work in the residence are the owner and other individuals who reside in the residence.
(b) The owner, operator, manager, or official in charge of an establishment or premises in which smoking is allowed under this section shall post conspicuous signs in the establishment that read "WARNING: Smoking Is Allowed In This Establishment" or other similar language.
(c) This section does not allow smoking in the following enclosed areas of an establishment or premises described in subsection (a)(1) through (a)(10):
(1) Any hallway, elevator, or other common area where an individual who is less than eighteen (18) years of age is permitted.
(2) Any room that is intended for use by an individual who is less than eighteen (18) years of age.
(d)The owner, operator, or manager of an establishment or premises that is listed under subsection (a) and that allows smoking shall provide a verified statement to the commission that states that the establishment or premises qualifies for the exemption. The commission may require the owner, operator, or manager of an establishment or premises to provide documentation or additional information concerning the exemption of the establishment or premises. 


Sec. 6. (a) The commission shall enforce this chapter. 
(b) This chapter may also be enforced by:
(1) the state department of health established by IC 16-19-1-1; 
(2) a local health department, as defined in IC 16-18-2-211; 
(3) a health and hospital corporation established by IC 16-22-8-6;
(4) the division of fire and building safety established within the department of homeland security by IC 10-19-7-1; and 
(5) a law enforcement officer;
in cooperation with the commission. 
© The commission, the state department of health, a local health department, a health and hospital corporation, the division of fire and building safety, or a law enforcement officer may inspect premises that are subject to this chapter to ensure that the person responsible for the premises is in compliance with this chapter.


Sec. 7. (a) This section does not apply to an establishment or premises in which smoking is allowed under section 5 of this chapter.
(b) The owner, operator, manager, or official in charge of a public place shall do the following:
(1) Post conspicuous signs that read "Smoking Is Prohibited By State Law" or other similar language. 
(2) Ask an individual who is smoking in violation of this chapter to refrain from smoking.
(3) Cause to be removed from the public place an individual who is smoking in violation of this chapter and fails to refrain from smoking after being asked to refrain from smoking.
© In addition to the requirements under subsection (b), the owner or operator of a restaurant shall post a conspicuous sign at each entrance to the restaurant informing the public that smoking is prohibited in the restaurant.


Sec. 8. 
(a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b).
(b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three (3) prior unrelated infractions under:
(1) this section; or 
(2) IC 16-41-37-4 (before its repeal).


Sec. 9. (a) A local health department may enforce this chapter by filing a civil action under IC 16-20-1-26.
(b) A health and hospital corporation may enforce this chapter by filing a civil action under IC 16-22-8-31.
© The division of fire and building safety may enforce this chapter by filing a civil action under IC 22-12-7-13.


Sec. 10. (a) An owner, manager, operator, or official in charge of a public place or place of employment who fails to comply with a requirement imposed by this chapter commits a Class B infraction, except as provided in subsection (b).
(b) A failure to comply described in subsection (a) is a Class A infraction if the owner, manager, operator, or official has been adjudged to have committed at least three (3) prior unrelated infractions under this chapter.


Sec. 11. An owner, a manager, or an employer shall not discharge, refuse to hire, or in any manner retaliate against an individual for:
(1) reporting a violation of this chapter; or 
(2) exercising any right or satisfying any obligation under this chapter.


Sec. 12. (a) As used in this section, "school bus" means a motor vehicle that is:
(1) designed and constructed for the accommodation of at least ten (10) passengers; 
(2) owned or operated by a public or governmental agency, or privately owned and operated for compensation; and
(3) used for the transportation of school children to and from the following:
(A)School. 
(B) School athletic games or contests. 
(C) Other school functions.
(b) As used in this section, "school week" means a week that: 
(1) begins on Monday and ends on Friday; and
(2) includes at least three (3) days during which, on each day, more than four (4) hours of classroom instruction are provided.
(c) A person who smokes in a school bus during a school week or while the school bus is being used for the transportation of school children to and from:
(1) a school; 
(2) a school athletic game or contest; or 
(3) another school function;
commits a Class B infraction, except as provided in subsection (d). 
(d) A person who smokes in a school bus as described in subsection (c) commits a Class A infraction if the person, within the twelve (12) months immediately preceding the person's act of smoking in a school bus, committed at least three (3) prior unrelated acts of smoking in a school bus for which the person was adjudged to have committed infractions under this section. 


Sec. 13. 
(a) This chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter.
(b) This chapter does not supersede a smoking ordinance that is adopted by a county, city, town, or other governmental unit before the effective date of this chapter and that is more restrictive than this chapter.


Sec. 14. Beginning in 2013, the commission shall present an annual report to the health finance commission concerning the implementation and enforcement activities taken under this chapter. The report must include the number of smoking related inspections conducted and violations for the previous calendar year. The commission shall submit the report in electronic format under IC 5-14-6 to the legislative services agency not later than September 1 of each year.
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