Indiana Overtime Laws & Calculator

Weekly. Indiana sets no daily threshold, so a twelve-hour day owes no premium on its own — those hours go into the week's total like any others, and the count that decides your pay is hours past 40 in a single workweek.

No. Four ten-hour days is 40 hours, and the weekly rule starts past 40 hours, not at them. Day length does not matter in Indiana: four tens, five eights and three long shifts all pay the same if the week's total is the same.

No Indiana statute sets a double-time rate. Where double time appears on a stub here it comes from a union agreement, a company policy or a holiday practice — worth having in writing, but it is an agreement rather than the law. What the statute requires is time and a half past 40 hours in a workweek, with no daily threshold.

Indiana has no seventh-day rule. Those hours count toward the workweek like any others, so a seven-day stretch usually produces overtime through the weekly total instead: seven eight-hour days is 56 hours, of which 16 are past 40.

Yes, but it reaches only employers the federal law does not. The Indiana Minimum Wage Law says that, except as otherwise provided in that section, no employer may employ an employee for a work week longer than 40 hours unless the hours over 40 are paid at not less than one and one-half times the regular rate (IC 22-2-2-4(f)). That is the same time-and-a-half-past-40 rule the calculator on this page applies. What differs is who it reaches: the definition of employer in IC 22-2-2-3 covers employers with two or more employees in a work week but leaves out any employer subject to the minimum wage provisions of the federal Fair Labor Standards Act. The Indiana Department of Labor says most Indiana employers and employees are covered by the FLSA, and that those not covered under federal law may still be covered by the Indiana Minimum Wage Law.

It can. The Indiana Department of Labor's FAQ says Indiana employers not subject to the FLSA must pay time and a half for hours worked over forty during the work week, and IC 22-2-2-3 sets a two-employee threshold for the state law. Whether the FLSA covers an employer depends on more than size: the U.S. Department of Labor's coverage fact sheet describes enterprise coverage (for enterprises with at least two employees) as including businesses with an annual dollar volume of sales or business done of at least $500,000, as well as hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies. It also says that even without enterprise coverage, employees are protected if their work regularly involves them in commerce between States. The state law has its own exclusions too: the definition of employee in IC 22-2-2-3 leaves out, among others, persons employed on a commission basis, persons engaged in agricultural labor and persons under 16. The state's FAQ points anyone unsure whether the FLSA covers their employer to the U.S. Department of Labor's Wage and Hour Division.

You file a wage claim with the Indiana Department of Labor's Wage and Hour Division, which is charged with administering and enforcing the state's wage and hour laws and lists overtime issues among the topics it covers. Its Online Wage Claim Form lists overtime as one type of claim, alongside non-payment and deductions. The form asks for the employee's and employer's names, mailing addresses and phone numbers, the gross amount claimed, the length of employment with dates, the type of claim, and a signature and date. The department says it will not process a claim in some cases, including if you were employed by the State of Indiana (the page directs those workers to the State Personnel Department), if you started private legal action to recover the wages claimed, or if the employer has no location in Indiana. It also says it can take as long as 90 days to resolve some wage disputes. If a claim is accepted, the employer has two weeks to pay or dispute the amount; if there is still no response after a final notice, the department sends the worker a copy of the file with a letter recommending that they consult an attorney or pursue the claim in the appropriate court. The department says it cannot guarantee compensation and that Indiana law provides no job protection if you are terminated as a result of filing a wage claim against your current employer. Separately, IC 22-2-2-11 treats it as a violation of the Minimum Wage Law for an employer to discharge or otherwise discriminate against an employee because the employee instituted an action to recover wages under that chapter or demanded payment of wages under it. For employers the state law covers, IC 22-2-2-9 makes an employer that violates section 4 liable for unpaid minimum wages and an equal amount as liquidated damages, allows suit in circuit or superior court within three years after the cause of action arises, and allows recovery of a reasonable attorney's fee and costs. Because the state overtime rule leaves out employers subject to the FLSA minimum wage provisions, the U.S. Department of Labor's Wage and Hour Division, which enforces the federal law, takes complaints by phone at 1-866-487-9243. Questions to the Indiana department can go to wagehour@dol.in.gov or (317) 232-2655.

Usually, yes. The multiplier is applied to the regular rate, not to your base wage, and the regular rate takes in nondiscretionary bonuses, production and attendance bonuses, and shift differentials for the week they were earned. An overtime hour in a week with a night differential is worth more than base × 1.5. Bonuses that are genuinely discretionary — not promised in advance — stay out of it. The federal rules for building the regular rate are at 29 C.F.R. Part 778 and apply in Indiana.

Not by itself. A salary is a way of paying, not an exemption. The white-collar exemptions turn on the work actually performed together with how and how much you are paid, and the duties tests at 29 C.F.R. Part 541 do not include job titles. A salaried employee whose duties fall outside those tests is owed overtime on the same 40-hour week as anyone else.