Indiana

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.

 

Minor Workers

Effective July 1, 2018, the below apply only to a child who is at least fourteen (14) years of age and less than sixteen (16) years of age:

    • The child may not work before 7 a.m. or after 7 p.m. on a day that precedes a school day or after 10 p.m. on a day that does not precede a school day. However, the child may work until 9 p.m. from June 1 through Labor Day.
    • The child may not work: (A) more than three (3) hours on a school day other than a Friday; (B) more than eighteen (18) hours in a school week; (C) more than eight (8) hours on a non-school day; or (D) more than forty (40) hours in a non-school week.

Overtime

Both the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law generally require employers to pay employees 1½ times their regular rate of pay (“overtime compensation”) when employees work more than forty (40) hours during a work week.

Breaks

Indiana state law does not generally require employers to provide rest breaks, meal breaks, or breaks for other purposes to adult employees. Minor employees (under 18 years of age) who work six or more hours in a shift must be given one or two breaks totaling at least 30 minutes. These breaks may be taken at any point during the minor’s shift.

 

Indiana Administrative Code requires break logs to be maintained by the employer to document all breaks provided to minor employees. Certain other categories of workers, such as airline pilots, truck drivers, and workers covered by a union collective bargaining agreement may be entitled to mandatory breaks under other applicable regulations or by contract.

 

Breast Feeding Break

All employers with twenty-five or more employees must, to the extent reasonably possible, provide a private location, other than a toilet stall, where an employee can express milk during any time away from the employee’s assigned duties. Such employers must also, to the extent reasonably possible, provide a cold storage space for employees to keep expressed milk, or allow employees to provide their own portable refrigerator for such a purpose.

Annual Leave

Annual Leave is based on an agreement between employer and employee.

Minimum Wage

The state minimum wage matches the federal minimum wage. Employers must pay employees covered by Indiana’s minimum wage law at least $7.25 an hour. Counties, municipalities, and townships may not mandate the payment of a higher minimum wage, with the exception of contracts to which they are a party.

 

Employers can pay employees younger than 20 a wage of at least $4.25 per hour during the first 90 consecutive calendar days of employment. Employers cannot take any action to displace employees, including partial displacements such as a reduction in hours, wages or employment benefits, for purposes of hiring individuals at the lower wage.

Tips & Gratuities

Employers must pay tipped employees a cash wage at least equal to that required by the Fair Labor Standards Act ($2.13 per hour). If an employee’s tips combined with the cash wage do not equal the minimum wage, the employer must make up the difference.

Meal Breaks

Indiana state law does not generally require employers to provide rest breaks, meal breaks, or breaks for other purposes to adult employees. Minor employees (under 18 years of age) who work six or more hours in a shift must be given one or two breaks totaling at least 30 minutes. These breaks may be taken at any point during the minor’s shift.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Military Family Leave

Eligible employees may take a leave of absence during one(1) or more of the following periods:

  • During the 30 days before active duty orders are in effect; and/or
  • During a period in which the person ordered to active duty is on leave while active duty orders are in effect; and/or
  • During the 30 days after the active duty orders are terminated.

The leave of absence may not exceed the equivalent of 10 working days in each calendar year. The employee may choose to use accrued vacation or personal leave or earned compensatory time off to remain in pay status during a leave.

Domestic Violence Leave

The Victims Economic Security and Safety Act (VESSA) provides that an employee who is a victim of domestic or sexual violence or has a family or household member who is a victim of such violence and is employed by a private employer with 50 or more employees or by a state or local government or school district may take up to 12 workweeks of unpaid leave during any 12-month period to address the violence. An employee working for an employer with 15 to 49 employees is entitled to up to 8 workweeks of leave during any 12-month period. This leave may be used to seek medical attention or counseling, obtain services from a victim services organization, participate in safety planning or relocation, or seek legal assistance.

Donor Leave

State employees are entitled to up to 30 days of paid leave for organ donation. (§4-15-16-8).

Last updated on: February 7th, 2019