Indiana Code
Ind. Code § 22-2-9-4 (2026)
Investigations; civil actions
✓ current as of May 2026
Sec. 4. (a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this chapter, and to institute or cause to be instituted actions for penalties and forfeitures provided under this chapter. The commissioner of labor may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer in any case whenever, in his opinion, the claim is just and valid.
(b) The commissioner of labor may refer claims for wages under this chapter to the attorney general, and the attorney general may initiate civil actions on behalf of the claimant or may refer the claim to any attorney admitted to the practice of law in Indiana. The provisions of IC 22-2-5-2 apply to civil actions initiated under this subsection by the attorney general or his designee.
Formerly: Acts 1939, c.95, s.4. As amended by P.L.127-1984, SEC.1.
Notes of Decisions
Cited in 32
cases (3 in the last 5 years), 1981–2026 · leading case: St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699 (Ind. 2002).
St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699 (Ind. 2002). “" I.C. § 22-2-9-4(a). To that end, the commissioner "may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer in any case whenever, in his opinion, the claim is just and…”
Reel v. Clarian Health Partners, Inc., 917 N.E.2d 714 (Ind. Ct. App. 2009). “The court's order provides in relevant part: The Defendant correctly argues that Indiana Code § 22-2-9-4 requires all civil actions brought through application of Indiana Code § 22-2-5-2 to be brought by the Attorney General or his designee.”
John Fox v. Nichter Constr. Co., Inc., 978 N.E.2d 1171 (Ind. Ct. App. 2012). “” Ind. Code § 22-2-9-4 (a). The DOL Commissioner may exercise the duty, or “may refer claims for wages under this chapter to the attorney general, and the attorney general may institute civil actions on behalf of the claimant or may refer the claim to any attorney admitted to…”
Dorothea Bragg, on Behalf of Herself & All Others Similarly Situated v. Kittle's Home Furnishings, Inc., 52 N.E.3d 908 (Ind. Ct. App. 2016). “(quoting Ind.Code § 22-2-9-4) (emphasis in original).”
Lemon v. Wishard Health Servs., 902 N.E.2d 297 (Ind. Ct. App. 2009). “IC. § 22-2-9-4 (emphasis added). Indiana Code section 22-2-5-2 is the statute providing for penalties and attorney fees-the only damages at issue herein, inasmuch as Wishard has already paid the putative class members their wages-and the plain language of section 22-2-9-4 states…”
Hollis v. Def. Sec. Co., 941 N.E.2d 536 (Ind. Ct. App. 2011). “2009) ("The purpose of Indiana Code section 22-2-9-4, however, is to create a barrier to claims to be filed in court.”
Naugle v. Beech Grove City Schs., 864 N.E.2d 1058 (Ind. 2007). “at 705 ; I.C. § 22-2-9-4(a). Because no administrative proceedings have been pursued, the plaintiffs’ contentions under the Wage Claim Act are not before us.”
Comm'r of Labor Ex Rel. Scialdone v. an Island, LLC, 948 N.E.2d 1189 (Ind. Ct. App. 2011). “In arguing that Marion County is also a preferred venue and that, therefore, the trial court abused its discretion when it granted Island’s motion to dismiss, the Scialdones direct our attention to Indiana Code section 22-2-9-4. This statute requires the Commissioner of Labor to…”
Quimby v. Becovic Mgmt. Grp., Inc., 962 N.E.2d 1199 (Ind. 2012). “2d at 701, 705 (concluding that current employee correctly filed claim in court under Wage Payment Statute). It is also well settled that an employee who has a claim under the Wage Claims Statute must first exhaust an administrative remedy with the DOL before filing a lawsuit.”
Reel v. Clarian Health Partners, Inc., 873 N.E.2d 75 (Ind. Ct. App. 2007). “The complaint alleged that the wage claims of the Named Plaintiffs had been referred to the attorney by the Indiana Attorney General’s Office and the Indiana Department of Labor pursuant to Ind.Code § 22-2-9-4(b). In September 2005, Ciarían filed a motion for summary judgment…”
Hawkins v. Alorica, Inc., 287 F.R.D. 431 (S.D. Ind. 2012). “11 Ind. Code Ann. § 22-2-9-4 . Ms. Hawkins then amended her IWPA class definitions to exclude any CSRs whose employment was involuntarily terminated by Alorica, [dkt.”
Gavin v. Calcars AB, Inc., 938 N.E.2d 1270 (Ind. Ct. App. 2010). “See Ind.Code § 22-2-9-4; see also E & L Rental Equipment, Inc.”
— Ind. Code § 22-2-9-4(a) — 11 cases
St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699 (Ind. 2002). “" I.C. § 22-2-9-4(a). To that end, the commissioner "may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer in any case whenever, in his opinion, the claim is just and…”
Naugle v. Beech Grove City Schs., 864 N.E.2d 1058 (Ind. 2007). “at 705 ; I.C. § 22-2-9-4(a). Because no administrative proceedings have been pursued, the plaintiffs’ contentions under the Wage Claim Act are not before us.”
John Fox v. Nichter Constr. Co., Inc., 978 N.E.2d 1171 (Ind. Ct. App. 2012). “” Ind. Code § 22-2-9-4 (a). The DOL Commissioner may exercise the duty, or “may refer claims for wages under this chapter to the attorney general, and the attorney general may institute civil actions on behalf of the claimant or may refer the claim to any attorney admitted to…”
Dorothea Bragg, on Behalf of Herself & All Others Similarly Situated v. Kittle's Home Furnishings, Inc., 52 N.E.3d 908 (Ind. Ct. App. 2016). “(quoting Ind.Code § 22-2-9-4) (emphasis in original).”
Quimby v. Becovic Mgmt. Grp., Inc., 962 N.E.2d 1199 (Ind. 2012). “2d at 701, 705 (concluding that current employee correctly filed claim in court under Wage Payment Statute). It is also well settled that an employee who has a claim under the Wage Claims Statute must first exhaust an administrative remedy with the DOL before filing a lawsuit.”
— Ind. Code § 22-2-9-4(b) — 14 cases
St. Vincent Hosp. & Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699 (Ind. 2002). “" I.C. § 22-2-9-4(a). To that end, the commissioner "may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer in any case whenever, in his opinion, the claim is just and…”
Reel v. Clarian Health Partners, Inc., 917 N.E.2d 714 (Ind. Ct. App. 2009). “The court's order provides in relevant part: The Defendant correctly argues that Indiana Code § 22-2-9-4 requires all civil actions brought through application of Indiana Code § 22-2-5-2 to be brought by the Attorney General or his designee.”
Reel v. Clarian Health Partners, Inc., 873 N.E.2d 75 (Ind. Ct. App. 2007). “The complaint alleged that the wage claims of the Named Plaintiffs had been referred to the attorney by the Indiana Attorney General’s Office and the Indiana Department of Labor pursuant to Ind.Code § 22-2-9-4(b). In September 2005, Ciarían filed a motion for summary judgment…”
Dorothea Bragg, on Behalf of Herself & All Others Similarly Situated v. Kittle's Home Furnishings, Inc., 52 N.E.3d 908 (Ind. Ct. App. 2016). “(quoting Ind.Code § 22-2-9-4) (emphasis in original).”
Lemon v. Wishard Health Servs., 902 N.E.2d 297 (Ind. Ct. App. 2009). “IC. § 22-2-9-4 (emphasis added). Indiana Code section 22-2-5-2 is the statute providing for penalties and attorney fees-the only damages at issue herein, inasmuch as Wishard has already paid the putative class members their wages-and the plain language of section 22-2-9-4 states…”
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