Overtime
IC 22-2-2-4 — hours past 40 in a work week at not less than 1.5 times the regular rate
No employer covered by the chapter employs anyone for a work week longer than 40 hours unless the hours beyond 40 are paid at not less than 1.5 times the employee's regular rate. The rule extends to domestic service in one or more households.
Who handles this in Indiana: Indiana Department of Labor; and legal aid programs and the state offices, listed in the Indiana directory.
The regular rate includes all pay for employment, but not gifts or holiday bonuses unrelated to hours or production, pay for time not worked such as vacation or illness, reimbursed expenses, discretionary bonuses, or contributions to retirement and insurance plans.
Exceptions include a retail or service employee paid more than 1.5 times the minimum whose pay is more than half commission, hospital and care facility workers on an agreed period of fourteen consecutive days with overtime past eight hours a day or 80 in the period, motion picture theater employees, and seasonal amusement and camp workers.
Sources for this section (1)
- IC 22-2-2-4 — Rates; discrimination
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.