Indiana Overtime Laws 2026
For 2025, Indiana continues to follow the federal Fair Labor Standards Act (FLSA) for overtime laws and does not have any state-specific legislation altering these requirements. A significant development affecting salaried employees occurred in late 2024 when the federal court decided to vacate the planned increase to the overtime salary exemption threshold, reverting it to its 2019 level.
Overview of Indiana Overtime Laws 2026
As mentioned above, Indiana mirrors the federal overtime laws. As a result, all state employers must pay non-exempt employees overtime wages at a rate of 1.5X their regular rate for all hours worked beyond 40 per week.
The state does not require employers to pay daily overtime or premium pay if employees work on weekends or holidays. All overtime calculations must be based strictly on the 40-hour weekly threshold set under federal law.
Key points:
- Overtime rate: 1.5X the employee’s regular hourly rate.
- Weekly overtime: Applies after 40 hours in a workweek.
- Daily overtime: No daily overtime requirement under state law.
- Exemptions: Executive, administrative, professional, and outside sales employees are exempt under federal and state rules.
- Recordkeeping: Employers must maintain accurate records of hours worked and wages paid to ensure compliance.
The table below provides key updates impacting overtime and wages in Indiana for 2026:
| Update area | 2026 changes and details |
| Minimum wage | $7.25/hour (tipped cash wage $2.13; max tip credit $5.12) |
| Overtime weekly threshold | >40 hours/week at 1.5× regular rate (state mirrors FLSA) |
| Salary exemption threshold (EAP) | The 019 federal threshold $684/week remains after 2024 rule vacatur |
| Highly compensated employee | 2019 federal HCE $107,432 remains after vacatur |
| Daily overtime | None required under Indiana law |
| State legislation | No major 2025 state overtime changes |
Eligibility for Overtime in Indiana
All employees working in Indiana are categorized as exempt or non-exempt, typically based on their salary.
- Non-exempt employees: Those who work on an hourly basis or receive a salary that does not meet the state/federal set salary threshold. They’re entitled to receive overtime pay if they work beyond 40 hours per workweek.
- Exempt employees: Those who are usually classified as “white collar” workers. They include executive, administrators, and professional employees who earn above the federal-set salary threshold or meet the duties test. Other exemptions include outside sales roles, IT professionals, and agricultural workers.
Federal vs. Indiana Overtime Rules
When it comes to overtime laws, Indiana follows the federal FLSA. This means that if an employee works 9 hours daily at $20/hour, under both federal and state law, they will earn regular pay for 40 hours ($800) and overtime pay for 5 hours at 1.5X their rate ($150), totaling their weekly earning to $950.
Neither Indiana has a daily overtime requirement, nor does it provide additional state-specific overtime benefits beyond federal law.
The table below compares federal vs state overtime rules.
| Aspect | Federal (FLSA) | Indiana (2025) |
| Weekly overtime threshold | >40 hrs/week at 1.5× regular rate | Same: >40 hrs/week at 1.5× regular rate (IC § 22‑2‑2‑4) |
| Daily overtime | No | No |
| Salary exemption minimum | 2019 level $684/week in effect following 2024 rule vacatur | State mirrors the federal white‑collar framework; apply the federal level in effect |
| Highly compensated employee | 2019 HCE $107,432 in effect | Follow the federal HCE framework; apply the federal level in effect |
| Minimum wage | $7.25/hour | $7.25/hour; tipped cash wage $2.13 |
| Public sector | Comp time allowed with limits; 7(k) for police/fire | State/local agencies follow federal comp time and 7(k) rules |
Exemptions in Indiana
Adhering to the federal FLSA, the following employees are exempt from receiving overtime pay in Indiana.
- Executive Employees: Individuals who manage a department or enterprise, supervise at least two full-time employees, have hiring/firing authority, and earn at least $684 weekly ($35,568 annually) qualify as exempt under the FLSA.
- Administrative Employees: Workers performing office/non-manual work directly related to business operations or management policies who exercise independent judgment on matters of significance and meet the minimum salary threshold are classified as exempt.
- Professional Employees: Individuals whose work requires advanced knowledge in specialized fields (law, medicine, accounting, engineering, science) obtained through prolonged specialized intellectual instruction, or those performing original creative work in recognized artistic fields and meeting salary requirements are exempt from overtime.
- Computer/IT Professionals: Employees performing systems analysis, programming, software engineering, software development, or IT management who earn at least $684 weekly or $27.63 hourly are exempt.
- Outside Salespersons: Employees who primarily conduct sales away from an employer’s premises qualify for the outside sales exemption; outside salesmen do not need to meet salary thresholds to qualify.
- Agricultural Workers: Employees engaged in farming, crop production, livestock management, and related agricultural activities are exempt from Indiana overtime requirements.
- Indiana Follows Federal FLSA Standards: Indiana enforces federal FLSA exemptions without state-level modifications; the November 2024 federal court ruling maintains the $684 weekly salary threshold for exempt classification, and employers can require mandatory overtime as long as no employment contract or collective bargaining agreement prohibits it. Non-exempt employees working over 40 hours weekly receive 1.5 times their regular rate.
Employer Obligations and Employee Rights
- Timely pay and statements: Employers must make regular wage payments on scheduled dates and provide a thorough statement of hours worked and wages paid, as required by the state law.
- Recordkeeping and compliance: Employers must maintain accurate time and pay records, ensure proper wage calculations, and adhere to federal laws for “hours worked” determinations.
- Enforcement and assistance: Employees can register complaints on the Indiana Department of Labor and the U.S. Department of Labor website in case of non-payment of wages or overtime pay.
- Public sector policies: Indiana State Personnel Department guidance outlines hours of work, overtime, holiday pay, and comp‑time practices that employers must follow.
Got questions?
No. India follows the federal FLSA and requires employers to pay overtime wages to all employees who work beyond the stipulated 40-hour work week. The state does not have any separate rules for daily overtime pay.
As per FLSA, all white-collar employees (unless explicitly categorized as non-exempt), certain IT professionals, outside salespersons, and certain agricultural workers are exempt from receiving overtime pay.
Yes. While public sector employees are still entitled to receive overtime pay for hours worked over 40 in a week, some public sector employers can provide compensatory time (“comp time”) instead of cash payments for overtime, at a rate of 1.5 hours of leave for each hour worked overtime.
No, the state does not require employers to pay daily overtime. It is based on the 40-hour workweek rule only.
When an individual works two or more jobs at different pay rates for the same employers, the overtime pay is typically calculated based on a “weighted average” of the rates. This is calculated by dividing the total earnings by the total hours worked in a week to find the regular rate. It is then multiplied by 1.5X to provide the overtime pay.