Filing a Wage and Hour Claim – Indiana
Does Indiana have state overtime laws that are different from federal law?
Under Indiana law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than forty hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional or outside sales with the authority to hire and fire other employees and who earn at least $150 per week are exempt from the overtime requirement. Additionally, employees engaged in certain agricultural activities or classified as motor carriers are exempt from the overtime requirement. The following employees are also exempt from the overtime pay:
- Employees covered by certain collective bargaining agreements
- Employees under age 16
- Members or religious orders performing services for the order
- Student nurses
- Medical interns and residents
- University and college students
- Insurance agents
- Disabled individuals employed by nonprofit organizations specializing in providing employment to individuals with disabilities.
Does Indiana have a minimum wage that is different from federal law?
The current minimum wage in Indiana is $7.25 per hour, which is equal to the federal minimum wage of $7.25 per hour. Employees under the age of 20 may be paid at a lower rate per hour ($4.25) for the first 90 days of employment.
Employers, however, can use tips and gratuities to reduce the minimum wage required to $2.13 per hour. Employers can also reduce the minimum wage by the cost of meals and lodging.
Does Indiana have meal and rest break requirements, unlike federal law?
Indiana does not have any meal or rest break requirements.
How do I file a wage/hour or labor standards claim in Indiana?
You can file a claim with the Indiana Department of Labor. This can be done by filling out an Application for Wage Investigation available at http://www.in.gov/dol/files/WageClaimInstructionsApp092407Corrected.pdf. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.
What are my time deadlines?
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
How can I or my attorney pursue a claim in court in Indiana?
In Indiana, an employee can file a private lawsuit to recover unpaid wages plus liquidated damages equal to past compensation, attorney’s fees and costs.
State Labor Agency
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness