Indiana Overtime Calculator (2026): Gross, Net Take-Home & County Tax
Indiana overtime pay is 1.5× your regular hourly rate for hours worked past 40 in a workweek under IC 22-2-2-4(f). At the $7.25 minimum wage, the overtime floor is $10.88/hour. Net pay subtracts federal tax, FICA, flat 2.95% Indiana state tax, and your county income tax.
Calculate your statutory Indiana overtime pay at 1.5× your regular hourly wage for all hours worked over 40 in a designated 7-day workweek under the Indiana Minimum Wage Law (IC 22-2-2-4(f)). Indiana enforces strictly weekly overtime with no daily threshold. Use our indiana overtime calculator to compute gross earnings, federal withholdings, Indiana's flat 2.95% state income tax, local income tax across all 92 Indiana counties, and the landmark 2026 SEA 243 overtime tax deduction.
Calculate Your Indiana Overtime & Net Take-Home Pay
Crucial Filing Rule under SEA 243 (IC 6-3-2-32): Indiana conforms to the federal IRC § 225 overtime deduction for tax year 2026 ONLY (taxable years beginning after Dec 31, 2025 and ending before Jan 1, 2027). The deduction applies to the qualified 0.5× overtime premium only, capped at $12,500 for Single filers ($25,000 Joint) with phase-out beginning above $150,000 / $300,000 MAGI. FICA (Social Security & Medicare) is still due. Payroll tax withholding remains unchanged throughout the year, meaning this state and county tax saving lands as a refund at tax filing — never as a higher weekly paycheck. Indiana provides $0 state/county overtime relief for tax years 2025 and 2027–2028 unless extended by the 2027 General Assembly.
Rates verified October 25, 2026
Statutory parameters verified against Indiana Code Title 22, Title 6, Indiana Department of Labor (IDOL), and Indiana Department of Revenue (DOR Departmental Notice #1).
| Statutory Standard / Parameter | 2026 Rate / Threshold | Legal Citation / Administrative Source |
|---|---|---|
| State Minimum Wage (2026) | $7.25 / hour (unchanged since July 24, 2009) | IC 22-2-2-4; no scheduled increase; IC 22-2-2-10.5 preempts higher local minimum wages |
| Minimum Overtime Rate Floor | $10.88 / hour ($10.875 exact floor) | IC 22-2-2-4(f) (1.5× $7.25 minimum wage) |
| Tipped Minimum Cash Wage | $2.13 / hour ($5.12 max tip credit) | IC 22-2-2-4; employer cash OT per hour is $5.76 ($10.88 − $5.12 tip credit) |
| Youth Training Wage | $4.25 / hour (under-20s, first 90 days) | IC 22-2-2-4 / FLSA 29 U.S.C. § 206(g) (training wage for first 90 calendar days) |
| Exempt Salary Threshold (2026) | $684 / week ($35,568 / year) | Federal FLSA level; Indiana has no higher threshold. Stale figures ($844, $1,128, $150/wk) are invalid |
| Overtime Multiplier | 1.5× regular hourly rate | IC 22-2-2-4(f) (Indiana weekly overtime mandate) |
| Overtime Threshold | After 40.0 hours worked per workweek | 7 consecutive 24-hour periods; weekly trigger only. Averaging weeks is illegal |
| Daily Overtime / Double Time | None in Indiana | No daily overtime threshold after 8 or 10 hours; no double-time multiplier under state law |
| State Income Tax Rate | Flat 2.95% in 2026 (3.00% in 2025; 2.90% in 2027) | IC 6-3-2-1; statutory reduction schedule enacted by the Indiana General Assembly |
| County Income Tax Rates | 0.50% (Porter) to 3.00% (Randolph); Marion 2.02% | IC 6-3.6 (Local Income Tax); all 92 counties levy tax; DOR Departmental Notice #1 |
| Personal Exemptions | $1,000 Single • $2,000 MFJ • $1,000 HoH | IC 6-3-1-3.5(a)(3); Indiana has zero standard deduction |
| Overtime Tax Conformity (SEA 243) | Indiana CONFORMS FOR 2026 ONLY | SEA 243 / IC 6-3-2-32; DOR Info Bulletin #128; $0 relief in 2025 & 2027–2028 unless extended |
| Meal & Rest Breaks | Adults: None; Minors under 18: 30 mins for 6+ hrs | No adult break mandate under Indiana law; IC 22-2-18.1 (minors working 6+ consecutive hours) |
| Final Paycheck Timing | Next regular scheduled payday | IC 22-2-5-2 (Payment of Wages Act; quit and fired); 10-business-day no-address rule |
| Unused Vacation / PTO Payout | Deferred wages owed unless clear written policy forfeits | Indiana common law; IDOL processes earned vacation, but not holiday, sick, or severance |
| Wage Enforcement Agency | Indiana Department of Labor (IDOL), Wage & Hour | 402 W. Washington St. Rm W195, Indianapolis; handles claims between $30 and $6,000 |
Indiana Worked Overtime Examples
See exactly how 1.5× overtime pay, federal withholdings, Indiana's flat 2.95% state tax, county income taxes, and SEA 243 overtime tax relief apply to real Indiana paychecks.
Indianapolis Auto Worker ($18.00 • 45h)
A single manufacturing specialist in Indianapolis (Marion County, 2.02%) working 45 hours in a single 7-day workweek during 2026.
- Regular Pay (40h × $18.00): $720.00
- Overtime Pay (5h × $27.00): $135.00
- Total Weekly Gross Pay: $855.00
- Federal Income Tax Withholding: -$60.68
- FICA (Social Security & Medicare): -$65.41
- Indiana State Tax (2026, 2.95%): -$23.33
- Marion County Tax (2.02%): -$15.97
- Net Take-Home Pay (Check): $689.61
- 2026 SEA 243 Tax Saving (at filing): +$116.30 / yr
Logistics Coordinator ($22.00 • 50h)
A single distribution center team lead in Marion County working 50 hours in a busy fulfillment week during 2026.
- Regular Pay (40h × $22.00): $880.00
- Overtime Pay (10h × $33.00): $330.00
- Total Weekly Gross Pay: $1,210.00
- Federal Income Tax Withholding: -$103.28
- FICA (Social Security & Medicare): -$92.57
- Indiana State Tax (2026, 2.95%): -$31.88
- Marion County Tax (2.02%): -$21.83
- Net Take-Home Pay (Check): $960.44
- 2026 SEA 243 Tax Saving (at filing): +$284.28 / yr
Healthcare Tech ($25.00 • 48h • MFJ)
A married healthcare technician in Marion County working 48 hours, filing jointly with $2,000 Indiana personal exemption.
- Regular Pay (40h × $25.00): $1,000.00
- Overtime Pay (8h × $37.50): $300.00
- Total Weekly Gross Pay: $1,300.00
- Federal Income Tax Withholding: -$72.15
- FICA (Social Security & Medicare): -$99.45
- Indiana State Tax (2026, 2.95%): -$34.27
- Marion County Tax (2.02%): -$23.46
- Net Take-Home Pay (Check): $1,070.67
- 2026 SEA 243 Tax Saving (at filing): +$258.44 / yr
How Overtime and Wage Laws Work in Indiana
Comprehensive statutory analysis of IC 22-2-2-4(f), SEA 243 conformity rules, county income taxes, and Indiana Department of Labor (IDOL) enforcement guidelines.
Indiana Conforms for Tax Year 2026 ONLY: Senate Enrolled Act 243 (IC 6-3-2-32)
Under Senate Enrolled Act 243 (SEA 243), codified at IC 6-3-2-32 and officially interpreted in Indiana Department of Revenue Information Bulletin #128 (issued June 2026), Indiana enacted a targeted state-level adoption of the federal overtime deduction under Internal Revenue Code § 225.
However, Indiana's statutory design contains a critical structural difference that sets it apart from other conforming states like Michigan:
- 2026 Window Only: Indiana allows a deduction equal to the federal IRC § 225 amount for Indiana adjusted gross income tax AND, for Indiana residents, local county income tax (LIT) — strictly for taxable years beginning after December 31, 2025 and ending before January 1, 2027 ONLY.
- Zero State Saving in 2025 and 2027–2028: While the federal OBBBA § 225 deduction spans tax years 2025 through 2028, Indiana provides $0 state and $0 county overtime deduction for tax year 2025 and for tax years 2027 through 2028, unless the 2027 Indiana General Assembly takes affirmative legislative action to extend it.
- Qualified Overtime Premium Slice Only: The deduction applies strictly to the half-time (0.5×) FLSA overtime premium, never to your full 1.5× overtime wage or base hourly pay.
- Withholding Unchanged During the Year: Indiana employers do not reduce weekly payroll tax withholdings. The state and county savings land as a refund when filing your Indiana individual income tax return (Form IT-40) in spring 2027 — never as a larger weekly paycheck.
- Statutory Limits: The deduction is capped at $12,500 for Single filers ($25,000 for Married Filing Jointly) and phases out above $150,000 Single / $300,000 Joint modified adjusted gross income (MAGI). FICA payroll taxes (Social Security and Medicare) remain 100% due.
Worked SEA 243 Conformity Example:
Consider an Indiana worker earning $25.00/hour who works 10 overtime hours per week across 52 weeks in 2026:
- Qualified Overtime Premium Slice: 10 hrs × ($25.00 × 0.5) × 52 weeks = $6,500.00 annual premium deduction
- 2026 Indiana State Tax Saving (2.95%): $6,500 × 0.0295 = $191.75
- 2026 Marion County Tax Saving (2.02%): $6,500 × 0.0202 = $131.30
- Total 2026 Indiana Filing Refund: $323.05 ($191.75 state + $131.30 county)
1. Indiana Overtime Law & The $7.25 Minimum Wage (IC 22-2-2-4(f))
Indiana overtime law is codified under the Indiana Minimum Wage Law of 1965 (IC 22-2-2-4(f)) and operates in harmony with the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207). Non-exempt employees must be compensated at not less than 1.5× their regular hourly rate for all hours worked beyond 40 in a designated 7-day workweek.
Key statutory standards in Indiana include:
- Strictly Weekly Overtime: Indiana has no daily overtime trigger. Working a 10-hour or 12-hour shift in a single day does not trigger overtime pay unless your cumulative hours in the 7-day workweek exceed 40.0.
- No Double-Time Multiplier: Indiana law does not mandate double-time (2.0×) pay under any circumstance. Double-time exists only if explicitly promised in a private employment contract or union collective bargaining agreement.
- Mandatory Overtime is Legal: Indiana employers may mandate overtime for adult employees. An employee can be legally discharged for refusing to work scheduled overtime hours, provided total overtime pay is properly disbursed.
- Prohibition on Averaging Workweeks: Employers cannot average hours across a bi-weekly 80-hour pay period. Working 50 hours in week one and 30 hours in week two triggers 10 hours of statutory overtime pay in week one.
- Minimum Wage Floor: Indiana's minimum wage is $7.25 per hour, unchanged since July 24, 2009. Indiana has no scheduled wage increases and no automatic inflation indexing. Furthermore, under IC 22-2-2-10.5, Indiana expressly preempts local governments from establishing local minimum wages above $7.25/hour anywhere in the state.
- Exempt Salary Threshold ($684/Week): Salaried executive, administrative, and professional employees are exempt from overtime only if paid a predetermined salary of at least $684 per week ($35,568 per year) and they satisfy bona fide duties tests under 29 C.F.R. Part 541. Stale numbers occasionally cited online — including $844/week, $1,128/week, or the pre-2004 $150/week — are legally invalid.
2. Tipped Workers, Tip Credit & Youth Training Wages
Under IC 22-2-2-4(c), Indiana allows employers to take a maximum tip credit of $5.12 per hour against the standard $7.25 minimum wage, resulting in a mandatory direct cash wage of $2.13 per hour for tipped employees.
When a tipped employee works overtime in Indiana, overtime must be calculated on the FULL $7.25 statutory minimum wage, never on the $2.13 cash wage:
- Full Overtime Rate Floor: $7.25 × 1.5 = $10.88 per hour ($10.875 rounded)
- Less Maximum Tip Credit: -$5.12 per hour
- Mandatory Direct Employer Cash per OT Hour: $5.76 per hour ($10.88 − $5.12)
For youth workers under 20 years of age, Indiana law and the FLSA permit an employer to pay a training wage of $4.25 per hour during the worker's first 90 consecutive calendar days of employment. After 90 days or upon reaching age 20, the employee must be paid at least the full $7.25 statutory rate.
3. All 92 Indiana Counties & Local Income Tax (LIT)
Indiana is unique nationally in that every single one of its 92 counties levies a local income tax (LIT) under IC 6-3.6, administered centrally by the Indiana Department of Revenue. Rates are published in Departmental Notice #1 (effective October 1, 2025).
Crucial rules governing Indiana county taxes:
- January 1 Residence Lock-In: Under IC 6-3.6-8-4, your county tax rate is determined strictly by the county where you resided on January 1 of the tax year. If you move to another Indiana county during the year, your withholding and tax liability remain fixed to your January 1 residence county for the full calendar year.
- Out-of-State Nonresidents: If you lived outside Indiana on January 1 but performed work within Indiana, you are taxed based on the Indiana county of your principal place of business or employment as of January 1.
- Rate Spectrum: County rates range from a low of 0.50% in Porter County to a high of 3.00% in Randolph County. Marion County (Indianapolis) levies a 2.02% county tax.
- Combined State + County Rates (2026): With Indiana's flat state rate at 2.95% in 2026, combined income tax rates across Indiana range from 3.45% (Porter County) to 5.95% (Randolph County), with Marion County workers paying 4.97%.
4. Final Paycheck & Vacation Payout Laws (IC 22-2-5-2)
Under the Indiana Payment of Wages Act (IC 22-2-5-2), whenever an employee separates from employment — whether they voluntarily quit, resigned, were laid off, or fired — the employer must issue their final paycheck no later than the next regularly scheduled payday for the pay period in which the separation occurred.
Statutory remedies and rules include:
- 10-Business-Day Address Rule: If a separated employee fails to pick up their final check or does not provide a valid mailing address, the employer is not legally penalized until 10 business days after a written demand or verified address is furnished.
- Liquidated Damages for Bad Faith: If an employer withholds wages in bad faith or without reasonable justification, Indiana courts are authorized under IC 22-2-5-2 to award statutory liquidated damages of up to double the unpaid wages (2× damages, totaling treble damages) plus mandatory reasonable attorney's fees and litigation costs.
- Vacation / PTO Payout: Indiana statute does not mandate vacation pay. However, under established Indiana appellate case law (Die & Mold, Inc. v. Western), earned, promised vacation constitutes deferred compensation and must be paid out upon separation unless the employer's published written policy or handbook clearly and unequivocally states that unused vacation is forfeited.
- IDOL Jurisdiction: The Indiana Department of Labor (IDOL) will accept wage claims for earned, unpaid vacation time. However, IDOL does NOT process claims for holiday pay, sick pay, severance pay, or discretionary bonuses ("time not worked").
5. Meal and Rest Break Laws in Indiana
Indiana has no statutory requirement for adult meal or rest breaks:
- Adult Employees (18+): Neither Indiana law nor the FLSA requires employers to provide meal breaks or rest pauses to employees aged 18 and older. Employers may require adult workers to work continuous shifts without breaks. If short rest breaks of 20 minutes or less are provided, federal law requires that they be compensated as working hours.
- Minors Under 18: Under Indiana youth employment standards, any minor working a shift of 6 or more consecutive hours must be provided with meal or rest breaks totaling at least 30 minutes. While the statutory total of 30 minutes is mandatory, sources note that employers maintain scheduling discretion regarding whether this is provided as a single 30-minute meal period or divided into two 15-minute breaks.
6. Regular Rate Math for Bonuses & Commissions
When non-exempt workers receive non-discretionary bonuses (such as attendance, safety, or production bonuses) or commissions, Indiana law and the FLSA require the bonus to be rolled into the employee's regular rate before calculating the 1.5× overtime multiplier:
Bonus Overtime Formula:
Regular Rate = (Hourly Base Pay + Non-Discretionary Bonus) ÷ Total Hours Worked
Worked Bonus Example: A worker earning $10.00/hour works 43 hours in a week and earns a $50.00 weekly production bonus:
- Straight-Time Earnings: (43 hrs × $10.00) + $50.00 bonus = $480.00
- True Regular Rate: $480.00 ÷ 43 hrs = $11.16 per hour
- Half-Time Overtime Premium (3 OT hours): 3 hrs × ($11.16 × 0.5) = $16.74
- Total Gross Earnings: $480.00 + $16.74 = $496.74
7. Sector-Specific Overtime Rules & Exemptions
Specific rules apply across distinct Indiana industries:
- Compensatory Time ("Comp Time"): Offering comp time in lieu of cash overtime is strictly illegal in Indiana private-sector employment under both state and federal law. Only public-sector government employers (state, county, municipal agencies) can provide comp time at 1.5 hours per overtime hour worked under a formal agreement.
- Firefighters & Police (207(k)): Under FLSA § 207(k), public fire protection agencies can adopt work periods of up to 28 consecutive days, triggering overtime after 212 hours worked in 28 days (or 106 hours in 14 days).
- Healthcare 8-and-80 System: Under 29 U.S.C. § 207(j), hospitals and residential care facilities can elect the 8-and-80 overtime system (overtime after 8 hours in a workday and after 80 hours in a 14-day pay period). This is a federal elective option, NOT an Indiana state mandate.
- No Nurse Mandatory Overtime Ban: Unlike several states that prohibit mandatory overtime for registered nurses, Indiana has no statute prohibiting mandatory overtime for nurses or healthcare personnel.
- Agricultural Exemption: Agricultural workers engaged in farming, livestock, or harvesting are exempt from statutory overtime under IC 22-2-2-3 and federal FLSA § 13(b)(12). Other IC 22-2-2-3 exemptions include domestic service workers, immediate family members, and outside sales staff.
8. Filing a Wage Complaint with the Indiana Department of Labor (IDOL)
If your employer has withheld statutory overtime or regular wages, you can seek recovery through administrative or judicial channels:
- Agency: Indiana Department of Labor (IDOL), Wage and Hour Division
- Address: 402 W. Washington Street, Room W195, Indianapolis, IN 46204
- Phone: (317) 232-2655 • Online Wage Claim Application available on in.gov/dol
- Monetary Limits: IDOL will only investigate wage claims between $30.00 minimum and $6,000.00 maximum. Claims exceeding $6,000 must be filed as a private civil lawsuit in court.
- Investigation Timeline: Upon receiving a claim, IDOL sends a copy to the employer with a 2-week response window. If unanswered, a 1-week final notice is dispatched. The full administrative process can take up to 90 days.
- CRITICAL ON-PAGE WARNING: Indiana law provides NO statutory job protection or administrative anti-retaliation remedy for employees who file an administrative wage claim against a current employer. Filing against an active employer carries severe risk of termination. Most wage claims are filed following separation.
- Filing Deadlines (State Both): Under federal FLSA (29 U.S.C. § 255), civil overtime lawsuits must be filed within 2 years (extended to 3 years for willful violations). Under Indiana state statutes, deadlines are stated differently across legal sources (2 years for statutory wage claims under IC 34-11-2-1 vs. 3 years in certain administrative contexts). Workers should file promptly and never rely on the longer figure.
• Overtime Mandate: Indiana Code § 22-2-2-4(f) (1.5× after 40 weekly hours)
• Minimum Wage Floor: Indiana Code § 22-2-2-4 ($7.25/hour; IC 22-2-2-10.5 preemption)
• Overtime Tax Conformity: Senate Enrolled Act 243 (2026); IC § 6-3-2-32 (2026 ONLY)
• County Local Income Tax: Indiana Code § 6-3.6 (DOR Departmental Notice #1)
• Wage Payment & Liquidated Damages: Indiana Code § 22-2-5-2 (Next regular payday)
• Youth Break Standards: Indiana Code § 22-2-18.1 (30-min break for minors working 6+ hrs)
How is overtime calculated in Indiana?
Under Indiana Code § 22-2-2-4(f) and the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207), overtime is calculated by paying non-exempt employees 1.5 times their regular hourly rate for all hours worked beyond 40 in a designated 7-day workweek. To determine your true net take-home pay—the actual cash deposited into your bank account—gross overtime earnings must be evaluated alongside statutory payroll deductions: 7.65% federal FICA (6.2% Social Security + 1.45% Medicare), federal income tax withholding, Indiana's flat 2.95% state income tax, and mandatory local county income taxes (such as Marion County's 2.02% rate, creating a combined 4.97% state and local tax rate in Indianapolis). For tax year 2026 only, under Senate Enrolled Act 243 (IC 6-3-2-32), Indiana conforms to the federal §225 deduction—which is BELOW-the-line, claimed on Schedule 1-A, reducing taxable income NOT AGI—allowing Hoosiers to deduct the qualified 0.5× overtime premium slice on their state and county tax returns at annual filing. Our Indiana overtime calculator computes both your gross overtime and your exact net take-home pay after state, county, and federal withholdings.
How do I calculate time and a half in Indiana?
To calculate time and a half in Indiana, multiply your regular hourly wage by 1.5. For example, if you earn $20.00 per hour, your time-and-a-half overtime rate is $30.00 per hour ($20.00 × 1.5). Working 45 hours in a workweek yields 40 regular hours at $20.00 ($800.00) plus 5 overtime hours at $30.00 ($150.00), totaling $950.00 in gross wages. However, your take-home pay is what actually lands on your pay stub after deductions: from that $950.00 gross check, your employer withholds federal income tax, $72.68 in FICA taxes (7.65%), Indiana flat state income tax at 2.95% ($28.03), and your resident county income tax (for example, $19.19 in Marion County at 2.02%). Any non-discretionary bonuses or shift differentials must be included in your regular rate before calculating the 1.5× multiplier. Use our interactive calculator above to see your exact net take-home pay for any hourly rate and county in Indiana.
Does Indiana require daily overtime, or only weekly overtime over 40 hours?
Indiana law requires only weekly overtime over 40 hours in a 7-day workweek. Under IC 22-2-2-4(f), there is no daily overtime mandate in Indiana, and no double-time (2.0×) premium requirement. If an employee works a 10-hour or 12-hour shift in a single day, or works on a weekend or holiday, Indiana law does not require overtime pay unless their cumulative hours worked in that designated 7-day workweek surpass 40.0. In addition, Indiana employers are strictly prohibited from averaging hours across two weeks in a bi-weekly pay period: working 50 hours in week one and 30 hours in week two requires 10 hours of statutory overtime pay in week one. Because overtime hours increase your gross pay, they increase your net take-home pay after Indiana's 2.95% state tax, county taxes (ranging from 0.50% in Porter County to 3.00% in Randolph County), FICA, and federal taxes.
What is Indiana's minimum wage overtime rate?
Indiana's statutory minimum wage is $7.25 per hour under IC 22-2-2-4(a), identical to the federal rate, with local cities and counties preempted by IC 22-2-2-10.5 from setting higher minimums. The minimum wage overtime rate in Indiana is $10.88 per hour, calculated as 1.5 times the $7.25 base wage ($7.25 × 1.5 = $10.875, rounded to $10.88). If a minimum-wage worker logs 45 hours in a week, gross earnings are $344.40 (40 hours at $7.25 = $290.00, plus 5 overtime hours at $10.88 = $54.40). To determine net take-home pay, this gross amount is reduced by 7.65% FICA ($26.35), Indiana state income tax at 2.95% ($10.16), county income tax (e.g., $6.96 in Marion County at 2.02%), and applicable federal withholding. The site's calculator allows low-wage and tipped workers to verify that both their gross wages and net take-home pay meet state legal floors.
How is overtime calculated for salaried employees in Indiana?
In Indiana, salaried employees are legally entitled to 1.5× overtime pay after 40 hours in a workweek unless they qualify as exempt under both the federal salary basis test and executive, administrative, or professional duties tests under 29 C.F.R. Part 541. To be exempt from overtime, a salaried worker must receive a guaranteed salary of at least $684 per week ($35,568 annually)—Indiana does not establish a higher state salary threshold, and outdated figures such as $844/week or $1,128/week are legally invalid in 2026. For a salaried non-exempt employee, the regular hourly rate is calculated by dividing their weekly salary by the regular hours it is intended to compensate (typically 40 hours). Working 48 hours means 8 overtime hours at 1.5× their regular rate. Their net take-home pay is then determined by subtracting federal income tax, 7.65% FICA, Indiana's 2.95% state tax, and county income tax from their combined salary and overtime pay.
How is overtime calculated for tipped employees in Indiana?
Under IC 22-2-2-4(c), Indiana employers may pay tipped employees a direct cash wage of $2.13 per hour by claiming a maximum tip credit of $5.12 per hour against the $7.25 minimum wage. However, when a tipped employee works overtime, Indiana law and the FLSA require overtime to be calculated on the FULL $7.25 statutory minimum wage, NEVER on the $2.13 cash wage. The full minimum overtime rate is $10.88 per hour ($7.25 × 1.5 = $10.875, rounded to $10.88). Subtracting the allowable $5.12 tip credit leaves a mandatory employer direct cash obligation of $5.76 per overtime hour ($10.88 − $5.12 = $5.76). On your paycheck, your cash wages and reported tips are combined to determine statutory withholding: 7.65% FICA, 2.95% Indiana state income tax, and county income taxes (e.g., 2.02% in Marion County) are deducted to produce your net take-home pay. If tips plus cash wages do not equal at least $7.25 per regular hour and $10.88 per overtime hour, the employer must make up the difference in cash.
Indiana Overtime & Labor Law FAQs
Direct, statutory answers to the most common questions on Indiana overtime hours, SEA 243 tax relief, breaks, and wage claims.
how does overtime work in indiana
Under Indiana Code § 22-2-2-4(f) and the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207), covered non-exempt employees earn overtime pay at one and one-half times (1.5×) their regular hourly rate for all hours worked in excess of 40 in a designated 7-day workweek. Indiana enforces strictly weekly overtime — working 10 or 12 hours in a single day does not trigger overtime pay unless total weekly hours surpass 40. For example, at an $18.00/hour regular rate, working 45 hours yields 40 regular hours ($720.00) plus 5 overtime hours at $27.00/hour ($135.00), totaling $855.00 in weekly gross earnings.
how does overtime pay work in indiana
Overtime pay in Indiana works by multiplying your regular hourly rate by 1.5 for each hour worked past 40 in a standard workweek. If you earn non-discretionary production bonuses, shift differentials, or commissions, Indiana law and the FLSA require your employer to roll those extra earnings into your regular rate before computing your 1.5× overtime multiplier. Employers are strictly prohibited from averaging hours across two consecutive weeks (e.g., working 50 hours in week one and 30 hours in week two still requires 10 hours of overtime pay in week one).
what is overtime pay in indiana
In Indiana, overtime pay is statutory premium compensation mandated under IC 22-2-2-4(f) for non-exempt hourly and salaried workers. The minimum legal overtime rate is $10.88 per hour, calculated as 1.5× the Indiana statutory minimum wage of $7.25 per hour ($7.25 × 1.5 = $10.875, rounded to $10.88). Indiana law does not mandate overtime pay for weekend or holiday shifts unless total weekly hours exceed 40, or unless an employment contract, union collective bargaining agreement, or written company policy explicitly guarantees premium holiday pay.
is it illegal to not pay overtime in indiana
Yes, withholding statutory overtime pay from covered non-exempt workers is illegal under Indiana Code § 22-2-2-4 and federal law (29 U.S.C. § 207). Under the Indiana Payment of Wages Act (IC 22-2-5-2), employers that fail to pay overtime wages in good faith can be held liable in court for the full unpaid wages plus statutory liquidated damages of up to double the unpaid amount (2× damages, equaling treble damages total) plus mandatory reasonable attorney's fees. Workers can submit an administrative wage claim with the Indiana Department of Labor (IDOL) Wage and Hour Division for amounts between $30 and $6,000, or file a civil action in court.
indiana overtime laws for salaried employees
Salaried employees in Indiana are entitled to 1.5× overtime pay unless they meet both the federal salary basis test and specific executive, administrative, or professional job duties tests under 29 C.F.R. Part 541. An exempt employee must receive a guaranteed salary of at least $684 per week ($35,568 annually). Indiana does not establish a higher state salary threshold. Outdated numbers occasionally seen online — such as $844/week, $1,128/week, or the historic $150/week — are legally invalid in 2026. Salaried employees earning less than $684/week, or whose actual day-to-day duties lack bona fide managerial or specialized discretion, remain fully non-exempt and owed 1.5× overtime after 40 weekly hours.
indiana overtime laws 2026
In 2026, Indiana overtime laws maintain the statutory 40-hour weekly trigger at 1.5× pay with a $7.25/hour minimum wage floor ($10.88/hour overtime floor). On the tax side, Indiana's flat individual state income tax rate dropped to 2.95% effective January 1, 2026 (down from 3.00% in 2025; scheduled to drop to 2.90% in 2027 under IC 6-3-2-1). Crucially, under Senate Enrolled Act 243 (SEA 243 / IC 6-3-2-32), Indiana enacted landmark conformity with the federal overtime deduction: for tax year 2026 ONLY, qualified overtime premiums (the 0.5× FLSA slice) are deductible from Indiana state taxable income and local county income taxes.
how does no tax on overtime work in indiana
In Indiana, 'no tax on overtime' functions through Senate Enrolled Act 243 (new IC 6-3-2-32, explained in DOR Information Bulletin #128, June 2026). Indiana conforms to federal IRC § 225 for tax year 2026 ONLY (taxable years beginning after Dec 31, 2025 and ending before Jan 1, 2027). Workers can deduct the qualified overtime premium — strictly the half-time (0.5×) FLSA premium, not full gross pay — from their Indiana state and resident county taxable income. Deductions are capped at $12,500 for Single filers ($25,000 for Married Filing Jointly) and phase out above $150,000 Single / $300,000 Joint MAGI. Because payroll withholding remains unchanged during the year, this tax relief lands as an annual tax filing refund, not a larger weekly paycheck. Indiana provides $0 state/county overtime deduction in 2025 and in 2027–2028 unless the 2027 General Assembly enacts an extension.
indiana labor laws breaks
Under Indiana and federal labor laws, employers are NOT required to provide lunch breaks or rest periods of any kind to adult employees (aged 18 and older). Whether meal or rest breaks are offered is entirely at the employer's discretion. However, under federal wage regulations (29 C.F.R. § 785.18), if an employer chooses to offer short rest breaks lasting 20 minutes or less, that time must be counted as compensable paid working hours. True meal periods of 30 minutes or longer where the worker is completely relieved of all duties may be unpaid.
indiana labor laws for minors
For minors under 18 years of age, Indiana law requires that any minor working a shift of 6 or more consecutive hours must be provided with a documented rest or meal break totaling at least 30 minutes. While Indiana statutes firmly mandate 30 minutes of total break time for 6+ hours of work, administrative guidance notes that the exact scheduling and distribution of the break (e.g., one 30-minute block or two 15-minute breaks) can vary at the employer's operational discretion, provided the cumulative 30 minutes is fully granted.