Minimum Wage Legislation in Indiana

1. What is the current minimum wage in Indiana and how does it compare to federal minimum wage?


The current minimum wage in Indiana is $7.25 per hour, which is the same as the federal minimum wage. This means that employers in Indiana must pay their workers at least $7.25 per hour, or the federal minimum wage if it is higher, for all hours worked.

2. Has there been any recent legislation proposed to increase the minimum wage in Indiana?

There has been recent legislation proposed to increase the minimum wage in Indiana. In January 2021, state lawmakers introduced a bill that would gradually raise the state’s minimum wage from its current level of $7.25 per hour to $10 per hour by 2023. The bill also includes annual increases tied to inflation after 2023.

Additionally, in February 2021, Governor Eric Holcomb announced his support for increasing the minimum wage to $10 an hour over the next two years.

In November 2021, a group of faith and community leaders presented a proposal to raise the minimum wage in Indiana to $15 per hour by 2025. This proposal has not yet been introduced as a formal bill.

However, none of these proposals have yet been passed into law. Currently, there is no legislation in effect that increases the minimum wage in Indiana.

3. Are there any exemptions or exceptions to the minimum wage law in Indiana?


Yes, there are certain exemptions and exceptions to the minimum wage law in Indiana. These include:

1. Tipped employees: Employers are allowed to pay a lower hourly wage of $2.13 for tipped employees as long as their tips plus wages equal at least the minimum wage rate.

2. Seasonal/Temporary employees: Employers with less than 4 employees or that employ seasonal/temporary workers may pay a subminimum training wage of 85% of the state minimum wage for the first 90 days of employment.

3. Agriculture workers: The minimum wage requirement does not apply to agricultural employers who do not employ more than five agricultural workers on any given day and were not open for business more than 25 days or more during the year.

4. Employees under 20 years old: Employers are allowed to pay a minimum wage rate of $4.25 per hour to employees under the age of 20 during their first 90 consecutive calendar days of employment with an employer, as long as they do not displace any other employees.

5. Independent contractors: Minimum wage requirements do not apply to independent contractors, who are considered self-employed and typically negotiate their own rates.

6. Trainees/interns/volunteers: Individuals participating in approved trainee programs, internships, and volunteers engaged in religious, charitable or non-profit religious historical interpretive functions may be exempt from receiving minimum wages.

7. Disabled Workers: Employers may obtain special permission from Department of Labor for paying disabled workers below minimum wages if no competitive work is available.

4. How often does the minimum wage in Indiana get reviewed and potentially adjusted?


The minimum wage in Indiana is not currently tied to any regular review or adjustment process. The last time the minimum wage was raised in Indiana was in 2009, and it has remained at $7.25 per hour since then. Any changes to the minimum wage would likely be made through legislation and could potentially happen at any time, depending on the actions of state lawmakers.

5. Is there a difference in minimum wage for different industries or job types within Indiana?

Yes, there is a difference in minimum wage for different industries and job types within Indiana. Currently, the minimum wage for most employees in Indiana is $7.25 per hour, but there are some exceptions and special rules for different industries and job types.

For tipped employees, such as restaurant servers or bartenders, the minimum cash wage is $2.13 per hour with the expectation that their tips will bring their total hourly earnings up to at least $7.25.

For minors (under 18 years of age), the minimum wage is $4.25 per hour for the first 90 days of employment.

For agricultural workers on small farms (with fewer than 500 man-days of labor in any calendar quarter), the minimum wage is $5.00 per hour.

Additionally, there are certain exemptions from minimum wage requirements for certain job types or industries such as babysitters, interns at certain institutions, and full-time students employed by certain organizations. These exemptions may vary depending on federal laws and regulations as well.

It’s important to note that some local jurisdictions in Indiana have their own minimum wages that may be higher than the state’s minimum wage. It’s always best to check with your employer or local government for specific information about minimum wage laws in your area.

6. Have there been any significant changes to the minimum wage laws in Indiana over the past decade?


Yes, there have been several changes to the minimum wage laws in Indiana over the past decade.

In 2019, the state’s minimum wage was increased from $7.25 per hour to $7.25 per hour. This increase was part of a gradual increase that had begun in 2014, when the minimum wage was increased from $5.15 per hour to $7.25 per hour.

In addition, some localities within Indiana have passed their own minimum wage ordinances that mandate higher wages than the state’s minimum. For example, in 2020, the cities of Indianapolis and Bloomington passed legislation to increase their local minimum wages to $10 per hour by 2021 and $15 per hour by 2023, respectively.

There has also been some discussion and proposed legislation at the state level to increase the minimum wage further, but these proposals have not yet been enacted into law.

Overall, while there have been some incremental increases to the minimum wage in Indiana over the past decade, it still remains at the federal minimum of $7.25 per hour.

7. How does Indiana’s minimum wage compare to neighboring states?


As of January 2021, Indiana’s minimum wage is $7.25 per hour, which is the same as the federal minimum wage. This rate has not been increased since 2009.

In comparison to neighboring states, Indiana’s minimum wage is lower than Illinois ($11.00), Ohio ($8.80), and Michigan ($9.65). It is also lower than Kentucky ($7.25) and upper than Wisconsin ($7.25).

However, starting July 2021, Illinois will have a higher minimum wage than Indiana at $9.00 per hour for non-tipped employees and $5.50 for tipped employees. Michigan and Ohio are also planning to gradually increase their minimum wages to reach $15 per hour in the coming years.

Indiana’s minimum wage is only higher than Kentucky among its neighboring states, but it is worth noting that Louisville, Kentucky has a higher city-specific minimum wage at $9.00 per hour for non-tipped employees.

Overall, Indiana’s minimum wage ranks lower compared to most of its neighboring states and falls below the national average of $7.93 per hour for non-tipped employees and $2.13 for tipped employees (as of 2021).

8. Is it legal for employers in Indiana to pay less than minimum wage, such as through tip credits or youth wages?


No, it is not legal for employers in Indiana to pay less than the state or federal minimum wage. Tip credits are also not allowed in Indiana. However, there are some exceptions to minimum wage laws for certain groups, such as youth workers and employees eligible for overtime exemptions. Employers must comply with these specific guidelines and pay their employees at least the minimum wage required by law.

9. Are small businesses exempt from paying the state minimum wage in Indiana?


No, small businesses are not exempt from paying the state minimum wage in Indiana. All employers, regardless of their size, are legally required to pay their employees at least the state minimum wage.

10. What is considered a livable or fair wage according to cost of living in Indiana?


According to MIT’s Living Wage Calculator, the livable wage for a single adult in Indiana is $11.46 per hour, or $23,826 per year. For a family with two adults and two children, the fair wage would be $26.04 per hour, or $54,099 per year. This takes into account basic living expenses such as housing, food, transportation, healthcare, and taxes. It may vary depending on location within the state and personal circumstances.

11. Does Indiana have a plan for gradually increasing the minimum wage towards a certain target amount?

No, Indiana does not have a plan for gradually increasing the minimum wage towards a certain target amount. As of 2021, the state’s minimum wage remains at $7.25 per hour, which is the same as the federal minimum wage. There have been proposed bills and discussions about raising the minimum wage in Indiana, but no concrete plans or agreements have been reached.

12. Are there any debates or controversies surrounding the current minimum wage laws in Indiana?


Yes, there are ongoing debates and controversies surrounding the current minimum wage laws in Indiana. Some argue that the current minimum wage of $7.25 per hour is too low and does not provide enough income for individuals and families to live on. They believe that increasing the minimum wage would help reduce poverty and stimulate economic growth by putting more money into the pockets of low-wage workers.

On the other hand, opponents of increasing the minimum wage argue that it could lead to job loss, particularly in small businesses, as employers may have to cut back on hiring or raise prices to cover the increased labor costs. They also argue that a one-size-fits-all approach to setting a minimum wage does not account for differences in cost of living between rural and urban areas.

There is also debate over whether the federal or state government should have jurisdiction over setting the minimum wage. While some argue that states should be able to set their own minimum wages based on local economic conditions, others believe that a consistent federal standard is necessary.

Overall, there are differing opinions on how best to address issues related to the minimum wage in Indiana and across the country.

13. Do employees who receive tips have a separate, lower minimum wage requirement in Indiana?

Yes, federal law allows employers to pay tipped employees a lower minimum wage as long as they receive enough tips to make up the difference. The minimum wage for tipped employees in Indiana is $2.13 per hour, which is lower than the standard minimum wage of $7.25 per hour. However, if an employee does not make enough tips to bring their total earnings up to at least the standard minimum wage, the employer is required to make up the difference.

It’s important to note that some localities or industries may have different minimum wage requirements for tipped employees, so it’s always best for employers to check with their state and local labor laws for specific requirements.

14. Are non-profit organizations exempt from paying their employees at least state minimum wage in Indiana?


No, non-profit organizations are not exempt from paying their employees at least state minimum wage in Indiana. All employers, including non-profit organizations, are required to pay their employees at least the state minimum wage.

15. What are the consequences for employers who violate the state’s minimum wage laws in Indiana?


Employers who violate the state’s minimum wage laws in Indiana may face consequences such as:

1. Fines: Employers may be fined up to $10,000 for each violation of minimum wage laws.

2. Back Wages: If an employee files a complaint or takes legal action against their employer for not being paid the minimum wage, the employer may be required to pay back wages owed to the employee.

3. Legal Action: Employees have the right to file a lawsuit against their employer if they are not being paid the minimum wage. In such cases, employers may be required to pay back wages and other damages.

4. Revocation of Business License: The Indiana Department of Labor has the authority to revoke or suspend a business license if it finds that an employer has violated minimum wage laws.

5. Penalties and Interest: Employers who fail to pay their employees the required minimum wage may also be liable for penalties and interest on unpaid wages.

6. Reputation Damage: Violating minimum wage laws can lead to negative publicity and damage an employer’s reputation.

7. Criminal Charges: In some cases, employers who knowingly violate minimum wage laws may also face criminal charges, which can result in fines and even imprisonment.

It is important for employers in Indiana to ensure that they are complying with all state and federal minimum wage laws to avoid these consequences.

16. How does overtime pay affect employees who are paid at or near the state’s minimum wage level in Indiana?


In Indiana, the state’s minimum wage is currently $7.25 per hour. Overtime pay is required for any employee who works more than 40 hours in a workweek, and it must be paid at a rate of 1.5 times their regular hourly rate.

For employees who are paid at or near the state’s minimum wage level, overtime pay can greatly increase their overall earnings. For example, if an employee is regularly paid $7.25 per hour and works 8 hours of overtime in a week, they would earn an additional $10.88 per hour for those extra hours (1.5 x $7.25 = $10.88). This brings their total earnings for the week to $310 (($7.25 x 40) + ($10.88 x 8) = $310).

However, some employers may choose to limit the amount of overtime hours given to these low-wage employees in order to avoid paying higher wages. Alternatively, they may also choose to reduce employees’ regular hourly rate in order to compensate for the increased cost of overtime pay.

It should also be noted that Indiana does not have its own laws regarding living wage or minimum salary requirements, so some workers may still struggle financially even with the addition of overtime pay on top of their regular wages.
Overall, how much overtime pay affects employees who are paid at or near the state’s minimum wage level will depend on factors such as employer policies and individual working arrangements.

17. Are there any specific industries or job types that are exempt from following state-level minimum wage laws in Indiana?


Yes, certain industries and job types may be exempt from following state-level minimum wage laws in Indiana. These exemptions include:

1. Tipped employees who receive at least $30 in tips per month.

2. Minors under the age of 20 may be paid a youth minimum wage of $4.25 for the first 90 days of employment.

3. Seasonal employees, defined as those employed for less than seven months in a calendar year.

4. Agricultural workers, including migrant or seasonal laborers, who are paid based on piece-rate, such as by bushels or pounds of produce.

5. Federal employees covered by the Fair Labor Standards Act (FLSA).

6. Independent contractors, who are not considered employees and therefore are not eligible for minimum wage protections.

7. Certain professions such as babysitters, newspaper deliverers, and outside salespersons are also exempt from state minimum wage laws.

It is important to note that these exemptions only apply to state-level minimum wage laws; employers must still comply with federal minimum wage laws if they engage in interstate commerce or are subject to the FLSA. Additional exemptions at the federal level include certain small businesses and individuals with disabilities who may be paid less than the federal minimum wage under special certificates issued by the U.S. Department of Labor.

18. If an employee works remotely for a company based outside of Indiana, do they still receive at least state-mandated minimum wage?

Yes, they are entitled to at least the state-mandated minimum wage for the state in which their employer is located. However, if the employer has a higher minimum wage requirement than the state where they are based, the employee is entitled to receive the higher rate.

19. Are there any age restrictions for employees earning the minimum wage in Indiana?

Yes, the minimum wage in Indiana applies to employees of all ages. However, certain exemptions may apply to minors (under 18 years old) in specific occupations, such as agricultural work or domestic service. Some localities in Indiana also have separate minimum wage laws for workers under 18 years old.

Employers are not allowed to pay employees below the minimum wage based on their age. All employees must be paid at least the state’s current minimum wage rate, regardless of their age.

20. In what ways does Indiana enforce compliance with their minimum wage laws?


There are several ways in which Indiana enforces compliance with minimum wage laws:

1. Statewide workplace inspections: The Indiana Department of Labor conducts random checks and targeted investigations in workplaces to ensure compliance with minimum wage laws. Employers found to be in violation may face penalties such as fines and back wages.

2. Complaint-based investigations: Employees can file complaints with the state labor department if they believe their employers are not paying them the required minimum wage. The department will investigate the complaint and take appropriate action if violations are found.

3. Posting requirements: Indiana law requires employers to prominently display the state’s minimum wage poster in their workplace, informing employees of their rights under the law.

4. Civil lawsuits: Employees who have not been paid the required minimum wage can also file a civil lawsuit against their employers for back wages, damages, and attorney fees.

5. Employee education and outreach: The state labor department conducts educational programs and workshops to educate employees about their rights under minimum wage laws and how to report violations.

6. Education for employers: The state provides information and resources for employers on minimum wage laws so they can comply with the regulations.

7. Collaborations with federal agencies: Indiana works with federal agencies such as the U.S Department of Labor’s Wage and Hour Division to monitor compliance with federal and state minimum wage laws.

8. Penalties for non-compliance: Employers found to be violating minimum wage laws may face penalties, including fines and imprisonment in extreme cases.

9. Recurring audits: Employers may be subject to recurring audits by state authorities or other authorized third parties to ensure ongoing compliance with minimum wage laws.

10. Statute of limitations enforcement: In cases of non-compliance, the statute of limitations allows employees up to two years from when they were last underpaid to recover back wages owed by an employer. This incentivizes continuous compliance by employers throughout a worker’s employment period.