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Last updated on: April 17th, 2024

Hours & Pay Regulations

Normal Working Hours

Employees working in Indiana are subject to the federal Fair Labor Standards Act.

Normal working hours shall not exceed more than 40 hours a week.

The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprising 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 to calculate overtime. The hours of two or more weeks may not be averaged.

Recording Requirement – An employer shall keep and preserve, for at least 3 years payroll or other records containing the following information and data with respect to each employee:

    • Name in full and, on the same record, the employee’s identifying symbol or number if such is used in place of name on any time, work, or payroll records. This shall be the same name as that used for Social Security record purposes.
    • Home address, including zip code.
    • Date of birth, if under 19 years of age.
    • Sex and occupation in which employed (sex may be indicated by use of the prefixes, Mr., Mrs., Ms., or Miss).
    • Total daily or weekly straight-time earnings or wages, that is, the total earnings or wages due for hours worked during the work day or work week, including all earnings or wages due during any overtime worked, but exclusive of overtime excess compensation.
    • time of day and day of week on which the employee’s work period begins. If the employee is part of a workforce or employed in or by an establishment all of whose workers have a work week beginning at the same time on the same day, a single notation of the time of the day and beginning day of the work week for the whole workforce or establishment will suffice. If, however, any employee or group of employees has a work week beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees.
    • Hours worked each work day and total hours worked each work week.
    • Overtime work
    • Total additions to or deductions from wages paid each pay period. Every employer making additions to or deductions from wages shall also maintain, in individual employee accounts, a record of the dates, amounts, and nature of the items that make up the total additions and deductions.
    • Total wages paid each pay period.
    • Date of payment and the pay period covered by the payment.


Any work performed beyond  40 hours in a work week is considered overtime work.

Pay – An employee is entitled to premium pay at the rate of 1.5 times their regular rate for all hours worked excess in a workweek.


Employers are not legally required to provide breaks or meal periods to their employees under either the Fair Labor Standards Act (FLSA) or Indiana law. It’s common for employers to provide short breaks lasting from 5 to 20 minutes. According to the FLSA, employees must be compensated during short breaks, but employers aren’t obligated to pay for meal periods lasting 30 minutes or more, provided that employees are free to use this time as they wish and aren’t required to work during it.

Under the FLSA, an employee who takes a break that is 20 minutes or less must be paid for their break time at their normal rate. This includes meal, religious, health, and most likely restroom breaks as long as the break is under 20 minutes. An employer does not have to pay an employee for a break if: 

      • the break is longer than 20 minutes; and
      • the employee is relieved of all work during the break. 

No Penalty for Missing Break as per law


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.

Public Holidays

Indiana law does not require private employers to provide employees with either paid or unpaid holiday leave. In  Indiana, a private employer can require an employee to work holidays. If an employer chooses to provide paid or unpaid holiday leave, it must comply with its established policy or employment contract terms.

Annual Leave

In  Indiana, employers are not required to provide employees with annual leave benefits either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued annual leave upon separation from employment.

Special Leave

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

An employee is entitled to unpaid leave for jury service. Employers may not subject an employee to any adverse employment action for taking time off from work to serve on a jury or respond to a subpoena in a criminal proceeding. Notice requirements apply.


For employers with 10 or fewer full-time employees, a court must reschedule an employee’s jury service for a date that does not overlap with the jury service of another employee, if the court is properly notified. 

Civil Air Patrol Leave

An employee is entitled to unpaid leave for civil air patrol.  An employer may not discipline an employee who is a Civil Air Patrol member for being absent from or leaving work to engage in an emergency service operation that began:

      • Name before the employee was scheduled to start work; or
      • after the employee reported to work, if the employee obtained authorization from his or her supervisor before leaving.

An employee must provide notice and certification as required by their employer.

Military and Military Family Leave

An employee in  Indiana is entitled to unpaid military leave.  Indiana law extends reemployment rights to both state and U.S. military service members in addition to the protections offered by USERRA


Employers must provide up to 15 days of unpaid leave per year of temporary leave to U.S. reserve members for periods of military training along with reemployment rights and nondiscrimination protections.


Employers must provide temporary leave to Indiana National Guard members for periods of state active service along with reemployment rights and nondiscrimination protections.


The Indiana Military Family Leave Law applies to employers that employ 50 or more employees for each working day during at least 20 calendar work weeks of unpaid leave and provides job-protected leave for certain employees to spend time with a family member who has been called to active duty.

Emergency Responder Leave

An employee is entitled to unpaid leave for assisting in emergency crises such as firefighters.


An employer may not discipline an employee who is a volunteer firefighter or member of a volunteer medical services association for being absent from or leaving work due to:

  • Response to a fire or emergency call that was received before the employee was scheduled to start work;
  • Response to a fire or emergency call during work hours, if the employee obtained authorization from his or her supervisor before leaving; or
  • An injury that occurred while the employee was engaged in emergency firefighting or other emergency response. Unpaid leave of not more than 6 months from the date of injury.
  • An employee must provide notice and certification as required by their employer.


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.

Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.