It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important Indiana statutes in one place so you can either learn them for the first time or give yourself a refresher.
However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality.
It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns.
Here are a few Indiana labor laws every small business owner should know.
First, here are a few helpful links and resources for you to bookmark and refer back to:
- Sick Days: Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one.
- Medical Leave: Employers may be required to provide an employee unpaid medical leave in accordance with the Family and Medical Leave Act or other federal laws.
- Vacation Leave: Employers are not required to provide paid or unpaid vacation leave but must comply with their own established policies if they choose to implement one.
- Employers may deny employees payment for accrued vacation leave upon separation or disqualify them from receiving payment for the leave if they fail to comply with specific requirements if it is in their contract.
- Employers may cap the amount of vacation leave an employee can accrue.
- Jury Duty: Employers do not have to pay employees for time spent responding to a jury summons, but employees cannot be terminated or otherwise penalized for doing so.
- Employers with 10 or fewer employees may request that an employee’s jury service be postponed if another employee is already performing jury service.
- Holiday Leave: Private employers are not required to provide paid or unpaid time off for holidays.
- Voting Leave: No statute.
- Bereavement Leave: Employers are not required to provide bereavement leave.
- Employers have until the next regularly scheduled payday to pay all due wages to employees who quit or were fired or laid off.
- If an employee leaves and the employer does not know the whereabouts of the employee, the employer must either pay the employee within 10 days after the employee has demanded final wages or when the employer receives an address where the final wages can be sent.
The current minimum wage in Indiana is $7.25.
The minimum wage for tipped employees is $2.13.
- Minors 14 and 15 years of age may work a maximum of 3 hours per school day and 8 hours per non-school day.
- They may work a maximum of 18 hours in a school week and 40 hours in a non-school week.
- They may not work before 7 a.m. or after 7 p.m. during the school year and until 9 p.m. from June 1 until Labor Day.
- They must have at least one day off per workweek.
- Minors 16 years of age may work a maximum of 8 hours a day and 30 hours per week.
- They may not work more than 6 days in a workweek.
- They may not work before 6 a.m. or after 10 p.m. on a day followed by a school day.
- With written permission, they may work up to 40 hours per school week, 9 hours per non-school day, 48 hours per non-school week, and until midnight on nights not followed by a school day.
- Minors 17 years of age are subject to the same time restrictions as 16-year-old minors when school is in session, except with written permission they may work until 1 a.m. on nights followed by a school day. However, they may not work later than 11:30 p.m. two nights in a row or more than two nights in a week.
- During non-school days, they may work up to 9 hours a day and 48 hours a week with written permission. There are no limits on the times of day during which they may work on non-school days.
Meal and Rest Breaks, Overtime
- Employers are required to provide either one or two breaks totaling 30 minutes to minor employees that are scheduled to work 6 or more consecutive hours.
- There are no state laws regarding breaks or meal periods, so federal law applies. The federal law does not require employers to provide breaks, but if they choose to do so, breaks less than 20 minutes must be paid. Meal periods do not need to be paid as long as the employees are free to do as they wish.
- Indiana law makes it illegal for an employer to discriminate on the basis of race, religion, color, sex, disability (mental or physical), status as a veteran, national origin and ancestry.
- Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.
Indiana is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.
There are currently no laws around shift scheduling in Indiana.