Indiana Code
Chapter 13.3. Administrative Withholding for Benefit Overpayments
22-4-13.3-6. Employer Refusal to Withhold Income or Income Misrepresented; Department Remedies

Sec. 6. (a) An employer that refuses to withhold income as required by this chapter or knowingly misrepresents the income of an employee:
(1) is liable to the department for the amount that the employer failed to withhold from an employee's income; and
(2) may be ordered to pay punitive damages to the department in an amount not to exceed one thousand dollars ($1,000) for each pay period the employer failed to withhold income as required or knowingly misrepresented the income of the employee.
(b) The department may institute a civil action in a court with jurisdiction requesting that the court direct the employer to appear and to show cause why the penalties described in this section should not be assessed.
(c) At the hearing on the order to show cause, the court, upon a finding that the employer refused to withhold income as required or knowingly misrepresented an employee's income:
(1) shall require the employer to pay the amount the employer failed or refused to withhold from the employee's income;
(2) may order the employer to provide accurate information concerning an employee's income;
(3) may assess against the employer punitive damages under subsection (a)(2); and
(4) may order the employer to otherwise comply with this chapter.
As added by P.L.183-2015, SEC.5.

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