{"id":373299,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-wage-and-hour-laws.html"},"modified":"2016-06-20T19:50:14","modified_gmt":"2016-06-21T00:50:14","slug":"indiana-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-wage-and-hour-laws.html","title":{"rendered":"Indiana Wage and Hour Laws"},"content":{"rendered":"\n
\n \n
\n

Indiana Wage and Hour Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Each state has its own wages and hours laws<\/a>. Some federal laws dictate a minimum amount that the state can’t go below, such as the federal minimum wage. However, states can provide more than the federal government’s minimum, if desired.<\/p>\n

Indiana’s wage and hour laws are outlined in the table below.<\/p>\n\n

Code Sections<\/b><\/p>\n<\/td>\n

Indiana Code, Title 22, Article 2: Wages, Hours, and Benefits<\/a><\/p>\n<\/td>\n<\/tr>

Minimum Wage<\/b><\/p>\n<\/td>\n

$7.25 (since 2009<\/a>). Indiana’s minimum wage is the same as the federal minimum wage. As a result, if the federal minimum wage increases, so will the Indiana minimum wage.<\/p>\n<\/td>\n<\/tr>

Tipped Workers’ Minimum Wage<\/b><\/p>\n<\/td>\n

Tipped workers must be paid $2.13 per hour by the employer with the rest being paid in tips. If the tips don’t come out to the minimum wage at the end of the day, the employers must make up the difference and pay the tipped worker more.<\/p>\n<\/td>\n<\/tr>

Training Wage<\/b><\/p>\n<\/td>\n

Indiana employers can pay an employee under 20 years old $4.25 an hour<\/a> for the first consecutive 90 days of employment as a training wage.<\/p>\n<\/td>\n<\/tr>

Overtime Pay<\/b><\/p>\n<\/td>\n

After working 40 hours in a week, employees must get paid "overtime compensation" of at least 1.5 times the employee’s regular rate of pay. There are some exceptions<\/a> to this law.<\/p>\n<\/td>\n<\/tr>

Meals & Breaks<\/b><\/p>\n<\/td>\n

Indiana doesn’t have a law on breaks or lunches. It’s up to the employer to decide to give them. However, some federal laws apply, for example, if given a short 5-20 minute break, the time must be paid<\/a>, however a 30-minute or longer meal break isn’t work time and doesn’t need to be compensated for.<\/p>\n

Also, the Indiana child labor law requires children under age 18 be provided 30-minute lunch periods between their third and fifth hour of work, but there are exceptions.<\/p>\n<\/td>\n<\/tr>

Leave<\/b><\/p>\n<\/td>\n

Indiana law only requires employers to pay for actual time worked. Thus, sick leave, personal days, and holidays aren’t required to be paid, but may be a benefit offered by an employer.<\/p>\n

However, even if sick leave isn’t paid, the Family & Medical Leave Act<\/a> (FMLA) may apply to your job. Eligible employees can take up to 12 weeks of unpaid leave a year for the birth or adoption of a baby, to care of a sick family member, or for medical problems.<\/p>\n<\/td>\n<\/tr>

Child Labor Laws<\/b><\/p>\n<\/td>\n

Children 14 to 18 can work with an employment certificate, although it isn’t required for farm labor, babysitting, golf caddying, newspaper delivery, or sports referees, as long as the work\u2019s not during school time. Nor does it apply to child actors or those who’ve graduated high school. For more information, see the Indiana child labor laws<\/a>.<\/p>\n<\/td>\n<\/tr>

Unions and Right to Work<\/b><\/p>\n<\/td>\n

Indiana passed a "right-to-work" law<\/a> which essentially makes union membership not required and prohibits union security agreements. This is a changing area of law as the Lake County Circuit Court declared it unconstitutional<\/a> in July 2014. The Indiana Supreme Court stopped the enforcement of this decision until the appeal is over.<\/p>\n<\/td>\n<\/tr>

Enforcement Agency<\/b><\/p>\n<\/td>\n

If you have a wage claim of $30 to $6,000 against a business in Indiana (but not the state government, a bankrupt business, or where you worked as an independent contractor), then you can file a wage claim<\/a> with the Indiana Department of Labor<\/a>. This should be either for paying under the minimum wage, non-payment at all or of overtime or vacation, or an inaccurate payroll deduction.<\/p>\n

If you aren’t able to utilize the wage claim dispute process through the Department of Labor, you should speak with an Indiana employment law attorney<\/a> about your options.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Indiana law provides for various criminal and civil penalties for employers who break the law. Some examples of penalties include:<\/p>\n