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Indiana Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Employers in Indiana must conform with these state rules regarding overtime pay for employees.

In Indiana, work in excess of 40 hours in a week must be compensated at a rate not less than one and one-half times the regular rate of pay.

Exemptions From the General Overtime Provision

The following are exempt from the general overtime pay provision:

  • employers with only one employee during any workweek
  • employers subject to the FLSA
  • individuals under 16 years of age
  • independent contractors
  • persons performing services not in the course of an employing unit's trade
  • persons employed on a commission basis
  • persons employed by their own parent, spouse, or child
  • members of any religious order rendering service to such order or any priest, rabbi, minister or the like
  • student nurses and apprentice funeral directors and embalmers
  • medical interns or residents
  • students working for any school that they regularly attend
  • physically or mentally handicapped employees of non-profit organizations
  • insurance agents paid on a commission basis
  • outside salespersons
  • persons performing services for any camping or recreational facilities operated by nonprofit organizations
  • agricultural workers
  • persons in an executive, administrative, or professional capacity who have the authority to discharge and who earn $150 or more a week
  • persons employed for not more than 4 weeks in any four consecutive three-month periods
  • any employee with whom the ICC has power to establish working conditions under the Motor Carrier Act of 1935
  • employees subject to the Public Service Commission of Indiana
  • motion picture theater employees
  • employees of seasonal amusement or recreation establishments, organized camps, or religious or nonprofit educational conference centers that are exempt under the FLSA

Special rules apply to retail or service establishments, hospitals, and transportation employers and piece rate employees.

Workers in remedial education programs. Employers are not required to pay overtime to workers during any period (totaling no more than 10 hours in any workweek) that a worker is receiving remedial education that is:

  • provided to employees who lack a high school diploma or educational attainment at the eighth-grade level;
  • designed to provide reading and other basic skills at an eighth-grade level or below; and
  • does not include job-specific training.

Collective bargaining agreements. The overtime pay provisions do not apply to certain employers and employees with collective bargaining agreements.

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