Indiana does not require daily overtime. Under the Indiana Minimum Wage Law (Indiana Code 22-2-2-4), a covered employee earns overtime only when total hours worked exceed 40 in a single workweek — and those overtime hours must be paid at one and one-half (1.5) times the employee’s regular rate of pay. There is no Indiana rule that pays extra for working more than 8 hours in a day, for weekends, or for holidays. If you work 10 hours on Monday but only 30 hours total that week, Indiana law owes you no overtime. The trigger is the weekly total, full stop.
The 40-Hour Weekly Rule in Indiana
Indiana’s overtime standard mirrors the federal Fair Labor Standards Act (FLSA). Both the state statute and the FLSA use the same threshold: time-and-a-half for hours over 40 in a fixed, recurring seven-day workweek. Overtime is calculated per workweek and cannot be averaged across two weeks or an entire pay period. So if you work 50 hours one week and 30 the next, you are owed 10 hours of overtime for the first week even though the two-week total is only 80 hours.
A “workweek” is any fixed period of 168 hours (seven consecutive 24-hour days). Your employer may choose when it starts — it does not have to match the calendar week or your pay period — but once set, it should stay consistent.
Your regular rate is not always just your hourly wage. It generally includes nondiscretionary bonuses, shift differentials, and most commissions, divided across all hours worked. That means the half-time premium can be slightly higher than half of your base hourly rate when you earn production bonuses or commissions.
The Overtime Rate and Indiana’s Minimum Wage
Indiana’s minimum wage is $7.25 per hour as of 2026, the same as the federal FLSA minimum. Indiana has not set a higher state minimum, so the floor for a minimum-wage worker’s overtime is 1.5 × $7.25 = $10.88 per hour. Workers who earn more than minimum wage are entitled to 1.5 times their own regular rate, not the minimum. Because minimum wage and tip-credit figures can change, confirm the current rate with the Indiana Department of Labor before relying on a specific number.
Tipped employees in Indiana may be paid a cash wage as low as $2.13 per hour, provided tips bring the employee up to at least the full minimum wage. If tips fall short, the employer must make up the difference. Overtime for tipped workers is still based on the full minimum wage (or higher regular rate), not on the $2.13 cash figure.
Who Is Covered, and Who Is Exempt
The Indiana Minimum Wage Law applies to employers with at least two employees during a workweek who are not already covered by the FLSA. In practice, most Indiana workers are covered by the federal FLSA, because the FLSA reaches employees of businesses with at least $500,000 in annual sales and most employees engaged in interstate commerce. The state law primarily fills gaps for smaller employers the FLSA does not reach. When both laws apply, the standard more favorable to the employee governs.
Overtime exemptions in Indiana follow the familiar FLSA categories. The most common are the “white-collar” exemptions:
Executive — employees who manage the business or a department, regularly direct two or more workers, and have authority over hiring and firing.
Administrative — employees whose primary duty is office or non-manual work related to management or general business operations, exercising independent judgment on significant matters.
Professional — employees in learned or creative fields requiring advanced knowledge, such as lawyers, accountants, engineers, and many teachers.
Outside sales — employees who primarily make sales away from the employer’s place of business.
For the executive, administrative, and professional exemptions, the employee generally must also be paid on a salary basis of at least the federal threshold of $684 per week ($35,568 per year). A 2024 federal rule that would have raised this threshold was struck down in court, so the $684 figure remains the operative standard. Job titles do not control — actual duties and salary level decide whether an exemption applies.
Indiana Code 22-2-2-4 also carves out specific overtime exclusions, including employees of motion picture theaters, certain seasonal amusement and recreational establishments, some hospital and residential-care workers who use a 14-day work period instead of a weekly one, and air carrier employees in voluntary hour-trading arrangements. Common FLSA exemptions for certain transportation workers, agricultural workers, and others may also apply.
Common Ways Employers Get Overtime Wrong
Many Indiana overtime violations come from misclassification or miscalculation rather than outright refusal to pay. Watch for:
Misclassifying you as exempt by giving you a manager title while your real duties are non-managerial.
Calling you an independent contractor when you function as an employee — contractors are not owed overtime, so misclassification is a frequent dodge.
“Off-the-clock” work such as pre-shift setup, post-shift cleanup, or answering emails after hours that pushes you past 40 hours.
Improper averaging of hours across two workweeks to avoid hitting 40 in either one.
Paying straight time for overtime hours, or giving comp time instead of overtime pay (private-sector employers generally cannot substitute comp time for overtime).
How to Recover Unpaid Overtime in Indiana
If you are owed overtime, start by documenting your hours: keep your own log of start and end times, copies of pay stubs, schedules, and any timekeeping records you can access. You generally do not need your employer’s permission to keep personal records.
You have several enforcement paths:
Indiana Department of Labor, Wage and Hour Division. Indiana’s Wage and Hour Division administers and enforces the state minimum wage and overtime laws and accepts wage claims for unpaid wages. This is the state agency to start with for an Indiana-law claim.
U.S. Department of Labor, Wage and Hour Division (WHD). Because most Indiana workers are covered by the FLSA, you can file a federal complaint with the WHD, which can investigate and order back pay plus liquidated (double) damages.
Private lawsuit. You can sue in court to recover unpaid overtime. Under the FLSA, successful workers can recover the unpaid overtime plus an equal amount in liquidated damages and attorney’s fees.
Deadlines matter. The FLSA statute of limitations is generally two years from the date of the violation, extended to three years if the employer’s violation was willful. Each underpaid paycheck can start its own clock, so waiting too long can shrink what you are able to recover. Acting promptly preserves the most back pay.
Indiana law also prohibits retaliation against employees who assert wage rights or file complaints. If your employer demotes, fires, or otherwise punishes you for raising an overtime issue, that retaliation may itself be unlawful.
Where to Verify
For the current minimum wage, tip-credit rules, exemption details, and to file a wage claim, consult the Indiana Department of Labor (Wage and Hour Division) and the U.S. Department of Labor, Wage and Hour Division. For the statutory text, see Indiana Code 22-2-2 (the Indiana Minimum Wage Law). Because figures and federal salary thresholds change, confirm any specific dollar amount with the official source before relying on it. For your individual situation, an Indiana wage-and-hour attorney can assess classification and damages.
Official Indiana Sources
This page is based on Indiana employment law. Rules and figures change — verify the current details directly with the official Indiana sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Indiana state law.
Frequently asked questions
Does Indiana require daily overtime after 8 hours?
No. Indiana has no daily overtime rule. Overtime is owed only when you work more than 40 hours in a single workweek, paid at 1.5 times your regular rate. Long individual days, weekends, and holidays do not trigger overtime unless your weekly total passes 40 hours.
What is the overtime rate in Indiana?
Overtime in Indiana is at least 1.5 times your regular rate of pay for hours over 40 per week. For a minimum-wage worker (Indiana minimum wage is $7.25 per hour as of 2026), that is $10.88 per hour. Higher earners get 1.5 times their own regular rate.
Who is exempt from overtime in Indiana?
Indiana follows the FLSA exemptions: bona fide executive, administrative, professional, and outside sales employees, generally those paid a salary of at least $684 per week with qualifying duties. Indiana also excludes certain theater, seasonal amusement, and some hospital workers. Job title alone does not decide exemption; actual duties and salary control.
How long do I have to file an unpaid overtime claim in Indiana?
Under the FLSA, you generally have two years from the violation to sue for unpaid overtime, extended to three years if the violation was willful. Because each underpaid paycheck can start its own clock, filing promptly protects the most back pay.
Who enforces overtime law in Indiana?
The Indiana Department of Labor's Wage and Hour Division enforces the state minimum wage and overtime law and accepts wage claims. Because most workers are FLSA-covered, you can also file with the U.S. Department of Labor's Wage and Hour Division or bring a private lawsuit for back pay and liquidated damages.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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