Indiana Overtime Law



Indiana Minimum Wage

The Indiana minimum wage is currently the same as the federal minimum wage, $7.25 per hour.  However, certain employers not covered by the federal minimum wage may still be covered by the Indiana Minimum Wage Law.

Indiana Tipped Minimum Wage

Tipped employees must be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an 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 the employee earns more than the minimum wage after adding the tips he/she received to the hourly wage of $2.13 an hour, the employer has fulfilled his/her obligation. A tipped employee means any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.

Employers Covered By The Indiana Minimum Wage Law

Indiana employers with 2 or more employees are covered by the Indiana Minimum Wage Law and Indiana Overtime Law.  Therefore, most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law.

Last Paycheck

Final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

Indiana Overtime Law

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 that forty (40) hours during a work week. However, there are many exceptions to the overtime pay requirements of both federal and state law. Most of the exceptions to Indiana state law can be found at Indiana Code § 22-2-2-3 (a) – (p).

To learn more about Indiana Wage and Hour Law and Indiana Overtime Law visit the Indiana Department of Labor at http://www.in.gov/dol/2345.htm

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