Authority: IC 22-1-1-8

Affected: IC 22-2-2-9; IC 22-2-4-4; IC 22-2-5-2; IC 22-2-9-4

Sec. 5. (a) The department shall notify both the employer and the employee of the results of its investigation.

(b) If the department finds that an employer owes wages to an employee, the employer shall provide to the department a confirmation of payment of the wages within ten (10) business days of receipt of the department's findings. If the employer fails to provide confirmation of payment, the department shall notify both the employer and the employee that the wages are unpaid. In addition, the department will notify the employee that the employee may:

1. (1) bring suit against the employer for damages under IC 22-2-5-2; and
2. (2) be entitled to recover attorney fees incurred in bringing suit.

The notice to the employee may also include referral information to assist the employee in locating an attorney to represent the employee in bringing suit against the employer.

(c) The department will consider an investigation final and closed:

1. (1) when the department determines that wages are not owed;
2. (2) when the employer provides confirmation of payment; or
3. (3) upon the issuance of a referral letter or notice to the employee.

(d) The department will not reopen wage investigations once closed.

(Department of Labor; 610 IAC 6-2-5; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)