Indiana Overtime laws & HR compliance analysis

Indiana Overtime: What you need to know

Like the federal law, Indiana law requires that covered employers pay nonexempt employees overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek. Indiana does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays. The Indiana overtime provision does not apply to employers covered by the federal Fair Labor Standards Act (FLSA). Because the federal FLSA applies to virtually all enterprises involved in interstate commerce, most Indiana employers are covered by the federal law.
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The Indiana overtime requirements do not apply to employers covered by the federal FLSA. This means that for virtually all employers in Indiana the overtime exemptions, including those for bona fide executive, administrative and professional employees, are defined by the federal regulations.
The following are excluded from coverage by the state overtime law:
• Employers with fewer than two employees
• Agricultural workers
• Children under the age of 16
• Independent contractors
• Workers performing services outside the ordinary course of the employer's business
• Persons employed on a commission basis
• Employees of a parent, spouse, or child
• Members and volunteers of religious orders and charitable organizations
• Student nurses
• Student funeral directors and embalmers
• Hospital interns and residents
• Students working for their schools
• People with physical or mental disabilities performing services for nonprofit organizations organized primarily to provide employment for the disabled or for assisting in their therapy and rehabilitation
• Insurance producers, insurance solicitors, and outside salespersons, if ...

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