Under Indiana law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.

Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional or outside sales with the authority to hire and fire other employees and who earn at least $150 per week are exempt from the overtime requirement. Additionally, employees engaged in certain agricultural activities or classified as motor carriers are exempt from the overtime requirement. The following employees are also exempt from the overtime pay:

• Employees covered by certain collective bargaining agreements
• Employees under age 16
• Members or religious orders performing services for the order
• Student nurses
• Medical interns and residents
• University and college students
• Insurance agents
• Disabled individuals employed by nonprofit organizations specializing in providing employment to individuals with disabilities

The current minimum wage in Indiana is $7.25 per hour, which is equal to the federal minimum wage of $7.25 per hour. Employees under the age of 20 may be paid at a lower rate per hour ($4.25) for the first 90 days of employment.

Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.13 per hour. Employers can also reduce the minimum wage by the cost of meals and lodging. 

In 2011, Indiana passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the federal minimum of $7.25 per hour, or $2.13 per hour for tipped workers, applies across the state. 

Indiana does not have any meal or rest break requirements.

You can file a claim with the Indiana Department of Labor. This can be done by filling out an Application for Wage Investigation. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. The Department will only accept the claim if it is between $30.00 and $6,000.00.

If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

In Indiana, an employee can file a private lawsuit to recover unpaid wages plus liquidated damages equal to past compensation, attorney’s fees and costs.

Indiana Department of Labor
402 West Washington Street, Room W195
Indianapolis, Indiana 46204
Phone: (317) 232-2655
Fax: (317) 233-3790
Web: http://www.in.gov/dol/2911.htm