Bill Text: IN HB1138 | 2011 | Regular Session | Introduced
Bill Title: Continuation of wages when serving as a juror.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Employment, Labor and Pensions [HB1138 Detail]
Download: Indiana-2011-HB1138-Introduced.html
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
ghost employment.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
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(1) has been summoned for jury service; and
(2) reports to the summoning court on the day specified in the summons until the jury is impaneled or after impaneling and until the jury is discharged.
(b) An employer may require an employer 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 under
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
employer.
(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).
(1) hires an employee for the governmental entity that
(2) fails to assign to the employee any duties, or assigns to the employee any duties not related to the operation of the governmental entity;
commits ghost employment, a Class D felony.
(b) A public servant who knowingly or intentionally assigns to an employee under
(c) A person employed by a governmental entity who, knowing that
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.
