Indiana Overtime Pay Laws: Wage & Hour Lawyers
INDIANAPOLIS — The Indiana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Indiana Overtime Pay Laws
This issue has not been addressed by the law in this state. Indiana requires employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. Some exemptions include: executives, administrators, professionals, volunteers, independent contractors, computer specialists, newspaper deliverers, workers engaged in fishing operations, seamen, employees who work on small farms and more.
Although the vast majority of employers have to pay overtime, not all do. To figure out whether your employer has to pay overtime, first determine whether it’s covered by the federal Fair Labor Standards Act (FLSA), the federal wage and hour law that sets out the overtime rules. Generally, a business is covered by the FLSA if it has $500,000 or more in annual sales.
Even if your employer is smaller, however, it is still covered by the FLSA (and must pay overtime) if it is engaged in what Congress calls “interstate commerce,” meaning it conducts business between states. Interstate commerce includes: making phone calls to or from another state, sending mail out of state, or handling goods that have come from, or will go to, another state.
Click here for more information on overtime pay laws.
Indiana Minimum Wage Laws
The Indiana legislature amended its minimum wage statute to provide that beginning on or after June 30, 2007, all employers employing two or more employees must compensate their employees at “wages not less than the minimum wages payable under the federal Fair Labor Standards Act.” An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25.
Employers are required to pay tipped employees at least the tipped minimum wage which is $2.13 per hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.
In addition, Indiana does not require employers to provide lunch or rest breaks. However, you are entitled to be paid if you have to do any work during a break (for example, if you have to cover the phones while you eat lunch). And, generally, you are entitled to be paid for any short breaks (five to 20 minutes) your employer provides; this time is considered part of your work day.
Indiana Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Indiana Department of Labor website.
Largest Cities in Indiana Providing Jobs
The ten largest cities in the State of Indiana provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- Fort Wayne
- South Bend
Commonly Asked Indiana Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Indiana have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Indiana Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file an Indiana wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.