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['Compensation']
['Exemptions from Overtime/Minimum Wage']
04/05/2024
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Exemptions: Overtime & minimum wage - Indiana
Summary of differences between federal and state regulations
Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.
In Indiana, those employees who provide companionship services to the aged and infirm or are employed by an agency that use companionship services are exempt from the minimum wage provision. In addition, the following are exempt from the Indiana overtime wage provisions: persons employed on commission basis, members of a religious order, student nurses, interns or physician residents, insurance solicitors, outside salespeople, agricultural workers, and those persons who work in administrative, executive or professional occupations.
State
Contact
Indiana Department of Labor Wage and Hour Division
Regulations
Indiana Code §22-2-2-4
Rates; discrimination
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.