Sec. 14. A consumer notice must include the following:

(1) The duties, responsibilities, and obligations of the placement agency to the:

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Terms Used In Indiana Code 22-1-5-14

  • consumer: means an individual who:

    Indiana Code 22-1-5-3

  • consumer notice: means the notice described in section 14 of this chapter. See Indiana Code 22-1-5-4
  • department: refers to the department of labor created under IC 22-1-1-1. See Indiana Code 22-1-5-5
  • home care services: means skilled and unskilled services provided to an individual at the individual's residence to enable the individual to remain in the residence safely and comfortably. See Indiana Code 22-1-5-6
  • home care services worker: means an individual performing home care services for compensation. See Indiana Code 22-1-5-7
  • placement agency: means a person engaged in the business of securing home care services employment for an individual or securing a home care services worker for a consumer. See Indiana Code 22-1-5-9
(A) home care services worker; and

(B) consumer.

(2) A statement identifying the placement agency as:

(A) an employer;

(B) a joint employer;

(C) a leasing employer; or

(D) not an employer.

(3) A statement that notwithstanding the employment status of the placement agency, the consumer:

(A) may be considered an employer under state and federal employment laws; and

(B) may be responsible for:

(i) payment of local, state, or federal employment taxes;

(ii) payment for Social Security and Medicare contributions;

(iii) ensuring payment of at least the minimum wage;

(iv) overtime payment;

(v) unemployment contributions under IC 22-4-11; or

(vi) worker’s compensation insurance as required by IC 22-3-2-5 and IC 22-3-7-34;

of the home care services worker.

(4) The appropriate telephone number, address, and electronic mail address of the department for inquiries regarding the contents of the notice.

The department shall determine the content and format of the consumer notice.

As added by P.L.212-2005, SEC.19.