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As a business owner, it may be difficult to fully grasp all of the regulations and restrictions that you must abide by in regard to your employees. An examination of Indiana labor and employment law basics reveals three main areas to get you started:
1. Employers must pay their employees comparable salaries or minimum wage and compensate employees fairly for overtime under Indiana work laws.
2. Labor laws in Indiana provide that employees have specific rights even after dismissal from or quitting a job.
3. An employer must maintain workers’ compensation insurance to protect his business and employees under Indiana state work laws.
Action Steps
The best contacts and resources to help you get it done
Pay your employees appropriately under Indiana labor and employment law
Businesses employing two or more employees must pay those employees the state or federal established minimum wage at that time, whichever is higher. Additionally, there is a requirement to pay employees time and a half (the sum of their regular hourly wage plus half of their regular hourly wage) for each hour worked over 40 hours in one week's time.
I recommend: The U.S. Department of Labor provides a quick reference for the current minimum wage in Indiana. You must hang a minimum wage poster at your business for employees to see. Visit Poster Compliance Center to purchase a professional Indiana labor law posters, or visit the Indiana Department of Labor to download a free copy that still meets requirements.
Apply Indiana employment regulations regarding dismissed employees
Indiana maintains an 'employment at-will' policy, which gives employers the freedom to hire, terminate and everything in between at their own discretion, as long as it doesn't involve discrimination. Under the 'Blacklisting Law,' if a former employee uses your business as a reference, you can only provide truthful information to potential employers that may contact you.
I recommend: The frequently asked questions on the State of Indiana website provide more requirements for employers upon an employee's departure from the company, including vacation pay. Employers must also maintain unemployment insurance. Access the Employer Handbook for unemployment insurance information on the Indiana Department of Workforce Development.
Protect your business under Indiana labor law with workers' compensation insurance
Indiana employment law requires employers to maintain workers' compensation insurance to protect employees and their families if injury or death occurs on the job. The burden of proof that the injury occurred while working is on the employee. However, employers may have to cover medical expenses prior to the conclusion of litigation.
I recommend: The Workers’ Compensation Board of Indiana provides a handbook for employers that fully explains their responsibilities when it comes to workers' comp. If an employee has a workers’ compensation claim against you, be sure you hire an attorney, like Klezmer and Associates, to represent your interests.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Under Indiana state labor laws for children, your business cannot employee someone under the age of 17 unless that child has a work permit, high school diploma or GED. Children must be at least 14 to work at all. Additionally, employees that are 14 or 15 can only work until 7 p.m. during the school year and 9 p.m. during summer vacation
Secure a firm whose attorneys understand the complexities and subtleties of Indiana work laws. Hire an attorney who has won cases that address Indiana state labor laws, especially the types of decisions that apply directly to you. As you search for Indiana labor and employment law attorneys, consider these factors:
1. Online career profiles of lawyers practicing Indiana labor law
2. The advantages of a large, multi-practice law firm compared to the benefits of a small but focused firm
3. Payment scenarios, including free initial consultations and win or settlement provisions
Action Steps
The best contacts and resources to help you get it done
Get the specifics on labor laws in Indiana
Indiana state law governs unemployment insurance, wages and hours, safety conditions at places of work and more.
I recommend: Find the latest version of Indiana worker laws on the Indiana General Assembly web site.
Consult legal associations and lawyer matching services to find an Indiana labor law firm
Local associations of attorneys make referrals or offer resources that provide recommendations of Indiana labor law attorneys. Client-attorney matching sites request case specifics to connect you with Indiana employment law firms in your area.
I recommend: Lawyers.com provides free listings of Indiana labor and employment law attorneys by state locations. Although the Indiana State Bar Association does not give lawyer referrals, it provides contact information for local bar presidents who make referrals for attorneys within their county who practice cases involving Indiana state labor laws.
Evaluate attorneys within Indiana who have won cases addressing Indiana work laws
Indiana state work laws stipulate specified practices and conditions that employers must provide for their workers and rights and responsibilities for employees. An Indiana labor law firm that fully understands Indiana labor laws will be able to demonstrate a track record of successful litigation in cases arising from Indiana work laws.
I recommend: Miller Murphy, LLP offers compliance seminars that aim to prevent the need for litigation. Locke Reynolds assists with collective bargaining, contracts, employee handbooks, and occupational health and safety claims.
Hire an Indiana employment lawyer with specific expertise that pertains to your case
Indiana employer and employee rights are codified under Indiana state labor laws. Select a firm with demonstrated experience in the practice area your circumstances dictate. A Kentucky employment law firm with expertise in litigating your area of concern will provide the most realistic advice for your case. Learn about your candidate firms through online profiles, case studies or an initial consultation, which is often free.
I recommend: Cohen Garelick & Glazier represents both employers and employees alike and features an online intake form. Gilliland & Markette links to an employment law blog and articles on such matters as military leave, Indiana labor law posters and enforcement of wage and hour laws.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Using terms relevant to your case (for example, 'wrongful termination'), do a keyword search at a prospective Indiana labor law firm's website to assess how important this practice is.
Occasionally, there are changes or additions to Indiana labor laws. It’s a good idea to seek out recent information and make sure you, as an employer, are always current on the regulations in place. There are many resources available. Consider these options as you look for Indiana labor and employment law news and trends:
1. Subscribe to blogs that provide explanations and advice on topics like labor laws in Indiana.
2. Frequent online magazines that discuss tips for implementing Indiana state work laws, services to assist your effort and strategies for success.
3. Periodically check for additions and changes to Indiana employment laws.
Action Steps
The best contacts and resources to help you get it done
Subscribe to blogs that discuss Indiana labor and employment law
Many legal blog writers discuss various legal topics on a regular basis to help you make the most of and understand the laws in place. A search of the blog post archives will likely reveal posts on topics such as Indiana worker laws.
I recommend: Subscribe to Employment Law Memo for basic information on employment law (more than 40 posts) and recent court decisions. Click on “Try it” at the top of the page for subscription information. The Labor and Employment Law Blog offers posts on various aspects of labor law, including hiring and termination regulations.
Access magazines for up-to-date information on Indiana labor law
There are many Internet magazines and newsletters to which you can subscribe and receive periodic emails with legal information and trends. You can also search these publications' websites for previous articles regarding employment law strategies and advice. An additional option is to subscribe to the hard copy version of the magazine.
I recommend: Visit HRhero.com to subscribe to the Indiana Employment Letter and receive 12 monthly issues in the mail, news alerts by email, access to the subscribers-only area of the website and special in-depth reports. Employment Law Workplace Center offers access to AHI’s Employment Law Today email newsletter. Subscribe to the publication by filling out the box on the top left side of the page.
Check for additions and changes to Indiana labor laws
Periodically, governments make changes or additions to laws through the passing of bills and amendments. As an employer, it's important that you check labor laws frequently for such changes to make sure you're applying the laws correctly. This will ensure the protection of your business and your employees' rights.
I recommend: The Indiana Department of Labor provides access to press releases and labor law news. While typically accessed by attorneys, the labor law news that LexisNexis provides is also useful for business owners.
Tips & Tactics
Helpful advice for making the most of this Guide
- • It may be difficult to find websites, blogs and magazines that focus solely on Indiana labor and employment law news and trends. More than likely, you will find resources that have a broad range of coverage on federal and state legal issues. Most websites provide a search function so that you can find information on specific topics.
Action Steps
The best contacts and resources to help you get it done
At will employment
At will employment refers to the doctrine that employees maintain their positions at the will of their employers who may terminate them for almost any reason.
I recommend: Lawyers clarifies at will employment in Indiana by explaining how courts may sometimes rule that an employment contract does or does not overcome the presumption of at will employment.
Unemployment insurance benefits
Unemployment insurance benefits are paid to qualified workers who have lost their jobs for reasons not related to suspected criminal activity.
I recommend: The Indiana Department of Workforce Development responds to the most frequently asked questions about unemployment insurance benefits. Find out how to apply for the benefits and the issues that may affect the state's benefits calculation.
Worker's compensation
Worker's compensation is a special kind of insurance businesses maintain so that they may provide medical and other services to employees injured while performing their jobs.
I recommend: Klezmer Maudlin provides an easy to understand overview of Indiana worker's compensation law. It explains exactly what benefits injured workers are entitled to and whether an employee's fault in causing the accident has bearing on an employee's right to the benefits.
Wrongful discharge
Companies in most states are prohibited from wrongful discharge, which is the termination of an employee for reasons barred by state law.
I recommend: Get a lucid explanation of Indiana's wrongful discharge law at the Haskin, Lauter & LaRue website. In particular, find out which reasons for discharge are protected by federal law.
Indiana Occupational Safety and Health Administration (IOSHA)
The Indiana Occupational Safety and Health Administration (IOSHA) creates and maintains standards for the regulation of workplace safety.
I recommend: The U.S. Department of Labor provides additional information on IOSHA.
Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) works at the federal level to regulate workers' complaints of discrimination and sexual harassment against employers.
I recommend: The Indiana firm of Hollingsworth, Sever, Storey, Zivitz gives a comprehensive overview of the employee claims that the EEOC is likely to oversee.

