🇺🇸 Indiana EMPLOYMENT LAW — 2026 UPDATE

Indiana Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 14, 2026
Last Reviewed: January 14, 2026
Applicable Period: 2026
Jurisdiction: State of Indiana, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Indiana
Employee Rights in Indiana
Discrimination Laws in Indiana
Reasonable Accommodations
Employer Obligations in Indiana
Filing Complaints
Remote Work in Indiana
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

Indiana employment law establishes the legal framework governing the relationship between employers and employees in the Hoosier State. This comprehensive guide provides detailed information on employment rights, employer obligations, anti-discrimination protections, wage and hour requirements, and complaint procedures under both Indiana state law and applicable federal statutes.

Who This Guide Serves

This guide is designed for dual audiences:

For Employees:

Understanding your rights under Indiana law
Knowing when discrimination has occurred
Learning how to file complaints
Accessing workplace protections
Understanding wage and hour entitlements

For Employers:

Compliance with state and federal employment laws
Understanding posting and reporting requirements
Implementing non-discriminatory workplace practices
Meeting wage and hour obligations
Recordkeeping responsibilities

What This Guide Covers

This guide addresses Indiana’s employment law framework, including:

At-will employment doctrine and its exceptions
State minimum wage and overtime requirements
Anti-discrimination protections under Indiana law
Reasonable accommodations for disabilities and religious beliefs
Required workplace postings and employer reporting obligations
Procedures for filing wage and discrimination complaints
Updates effective in 2026

Sources and Authority

Information in this guide is derived from:

Indiana Code Title 22 (Labor and Safety)
Federal statutes including the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA)
Indiana Department of Labor official publications
Indiana Civil Rights Commission regulations
U.S. Department of Labor guidance
Equal Employment Opportunity Commission (EEOC) materials

Employment Law Framework in Indiana

1.1 At-Will Employment Doctrine

Indiana follows the at-will employment doctrine, which governs the default employment relationship in the state.

Statutory Basis

Indiana courts have consistently recognized employment-at-will as the default rule for employment relationships in the state. According to Indiana case law established in Frampton v. Central Indiana Gas Co., 297 N.E.2d 425 (Ind. 1973), employment relationships of indefinite duration are presumed to be at-will.

Source: Indiana common law, as established through court decisions
Reference: Frampton v. Central Indiana Gas Co., 297 N.E.2d 425 (Ind. 1973)
Available at: Indiana Supreme Court or Indiana General Assembly website

The Indiana Department of Labor confirms this principle in its official guidance:

According to Indiana Department of Labor:

“Indiana is considered an ’employment at-will’ state. This means that Indiana employers may hire, fire, promote, demote, layoff, suspend, set their own work hours and policies at their discretion.”

Source: Indiana Department of Labor FAQ
Available at: https://faqs.in.gov/hc/en-us/articles/115005046887

What At-Will Employment Means

For Employers:
Employers may terminate the employment relationship at any time, for any reason not prohibited by law, and without providing advance notice.

For Employees:
Employees may resign from their position at any time, for any reason, without providing advance notice.

Exceptions to At-Will Employment

Indiana law recognizes several important exceptions to the at-will doctrine:

1. Public Policy Exception

Employees cannot be terminated for reasons that violate public policy. According to Indiana Supreme Court precedent in Frampton v. Central Indiana Gas Co., an employee cannot be terminated “solely for exercising a statutorily conferred right.”

Examples of public policy exceptions include:

Filing a workers’ compensation claim
Serving on jury duty
Refusing to commit an illegal act
Reporting illegal conduct (whistleblowing)
Voting in elections

Source: Indiana case law, Frampton v. Central Indiana Gas Co., 297 N.E.2d 425 (Ind. 1973)

2. Employment Contracts

When an employer and employee have an express employment contract (written or oral) that specifies:

A definite term of employment, or
Specific conditions under which employment may be terminated

The terms of the contract supersede the at-will presumption.

3. Implied Contracts

In limited circumstances, Indiana courts may find an implied contract based on:

Statements in employee handbooks (if they specify length of employment and the employee provides consideration)
Oral promises of job security
Established policies and practices

Note: According to Indiana case law, written statements in employee handbooks may change at-will status only if the length of employment is specified and the employee gives something in exchange for the promise.

4. Discrimination Protections

Termination based on membership in a protected class violates federal and state anti-discrimination laws. Protected characteristics include:

Race, color, religion, sex, national origin, ancestry
Age (40-75 under Indiana law)
Disability
Veteran status

Source: Indiana Code § 22-9-1-2 (Indiana Civil Rights Law)
Available at: https://www.in.gov/icrc/

5. Retaliation Protections

Employees cannot be terminated in retaliation for:

Filing a discrimination complaint
Participating in a discrimination investigation
Opposing discriminatory practices
Filing a wage claim
Reporting workplace safety violations

1.2 Labor Law vs. Employment Law Distinction

Understanding the distinction between employment law and labor law is important for navigating Indiana’s legal framework.

Employment Law

Definition: Employment law governs the individual rights and obligations in the employment relationship between individual employees and their employers.

Key areas covered:

Wage and hour requirements
Discrimination and harassment protections
Workplace safety standards
Individual employment contracts
Reasonable accommodations
Termination and severance

Governing authorities:

Indiana Department of Labor
Indiana Civil Rights Commission
U.S. Department of Labor
Equal Employment Opportunity Commission (EEOC)

Labor Law

Definition: Labor law focuses specifically on collective relationships between employers, employees, and labor organizations (unions), particularly regarding collective bargaining rights.

Key areas covered:

Union organizing and representation rights
Collective bargaining processes
Union security agreements
Labor-management relations
Strike and picketing rights
Grievance procedures under collective bargaining agreements

Governing authorities:

National Labor Relations Board (NLRB)
Federal Railway Labor Act (for certain industries)

Indiana’s Right-to-Work Status

Indiana is a right-to-work state. According to Indiana Code § 22-6-6, enacted February 1, 2012:

“No person shall be required, as a condition of employment or continuation of employment: (1) to become or remain a member of a labor organization; (2) to pay any dues, fees, assessments, or other charges to a labor organization; or (3) to pay to any charity or other third party an amount equivalent to or a pro rata part of dues, fees, or other charges required of members of a labor organization.”

Source: Indiana Code § 22-6-6 (Right to Work)
Citation: HEA 1001, effective February 1, 2012
Official text: https://www.in.gov/dol/right-to-work/
Last amended: 2012

Practical effect:

Employees cannot be required to join a union as a condition of employment
Employees cannot be required to pay union dues or fees
Union security clauses in collective bargaining agreements are prohibited

Application: The law applies to most private-sector employers in Indiana. It does not apply to:

Railway or airline industry employees (covered under Railway Labor Act)
Federal government employees
Employees working on federal property with exclusive jurisdiction

Employee Rights in Indiana

2.1 Wage and Hour Rights

Indiana wage and hour laws establish minimum standards for compensation, working hours, and overtime pay.

Minimum Wage

Current Indiana minimum wage (2026): $7.25 per hour

Effective date: July 24, 2009 (unchanged since)

According to Indiana Code § 22-2-2-4(c):

“Every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on or after June 30, 2007, wages of not less than the minimum wage payable under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.).”

Source: Indiana Code § 22-2-2-4
Official text: Indiana General Assembly website: https://iga.in.gov/
Last amended: 2007

Indiana’s minimum wage matches the federal minimum wage established under the Fair Labor Standards Act, 29 U.S.C. § 206:

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

According to the Indiana Department of Labor minimum wage poster:

“Both the federal and Indiana state minimum wage increased from $6.55 per hour to $7.25 per hour, effective July 24, 2009.”

Source: Indiana Minimum Wage Law poster
Published by: Indiana Department of Labor
Available at: https://www.in.gov/dol/files/Minimum-Wage-Law.pdf
Date: Current as of 2026

Covered employers: The Indiana minimum wage applies to employers with at least two (2) employees during a work week.

Note: Indiana has not enacted a separate state minimum wage rate higher than the federal minimum. As of January 2026, the minimum wage remains $7.25 per hour with no scheduled increases.

Training Wage (Subminimum Wage for Youth Workers)

Indiana law permits a training wage for certain young workers.

According to Indiana Code § 22-2-2-4(j) and the Indiana Department of Labor:

“Indiana employers may pay $4.25 per hour to employees under 20 years of age for the first 90 consecutive calendar days after the employee is initially employed by the employer.”

Source: Indiana Code § 22-2-2-4(j)
Citation: Training wage provision
Official poster: https://www.in.gov/dol/files/Minimum-Wage-Law.pdf

Important limitations:

Applies only to employees under age 20
Limited to first 90 consecutive calendar days of employment
Employers may not displace other employees to hire workers at the training wage
After 90 days or upon turning 20, whichever comes first, employees must receive at least the standard minimum wage

Tipped Minimum Wage

For employees who regularly receive more than $30 per month in tips, employers may apply a tip credit.

According to Indiana Code § 22-2-2-4(d):

“An employer subject to subsection (c) is permitted to apply a tip credit in determining the amount of cash wage paid to tipped employees. In determining the wage an employer is required to pay a tipped employee, the amount paid the employee by the employee’s employer must be an amount equal to: (1) the cash wage paid the employee, which for purposes of the determination may be not less than the cash wage required to be paid to employees covered under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.).”

Source: Indiana Code § 22-2-2-4(d)
Official text: Indiana General Assembly website: https://iga.in.gov/

Tipped minimum wage (2026): $2.13 per hour cash wage

Requirement: If an employee’s tips combined with the $2.13 per hour cash wage do not equal at least $7.25 per hour (the full minimum wage), the employer must make up the difference.

According to the Indiana Department of Labor:

“Generally, employers must pay tipped employees at least $2.13 per hour if the employer claims a tip credit. If the employee’s tips combined with the hourly wage do not equal the minimum wage, the employer must make up the difference.”

Source: Indiana Minimum Wage Law poster
Published by: Indiana Department of Labor
Available at: https://www.in.gov/dol/files/Minimum-Wage-Law.pdf

Employer responsibilities:

Pay at least $2.13 per hour as cash wage
Ensure total compensation (cash wage + tips) equals at least $7.25 per hour
Maintain records of tips received
Inform employees of tip credit provisions

Overtime Requirements

Indiana follows federal overtime standards under the Fair Labor Standards Act.

According to Indiana Code § 22-2-2-4(f):

“Except as otherwise provided in this section, no employer shall employ any employee for a work week longer than forty (40) hours unless the employee receives compensation for employment in excess of forty (40) hours at a rate not less than one and one-half (1.5) times the regular rate at which the employee is employed.”

Source: Indiana Code § 22-2-2-4(f)
Citation: Indiana overtime provisions
Official text: Indiana General Assembly website: https://iga.in.gov/

Overtime rate: 1.5 times the employee’s regular rate of pay

Overtime threshold: Work exceeding 40 hours in a workweek

Workweek definition: Any regularly recurring period of 168 consecutive hours (7 days × 24 hours). The workweek does not need to correspond to the calendar week.

Federal overtime standards (also applicable):

According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Exempt employees: Certain employees are exempt from overtime requirements, including:

Executive, administrative, and professional employees meeting specific criteria
Outside sales employees
Certain computer employees
Other categories defined in federal regulations at 29 C.F.R. Part 541

Note: Indiana does not have daily overtime requirements. Overtime is calculated only on a weekly basis (hours over 40 in a workweek).

Meal and Rest Break Requirements

Indiana does not mandate meal or rest breaks for adult employees.

According to Indiana Department of Labor FAQ:

“Indiana does not have any laws requiring an employer to provide a meal period or breaks to nonexempt adult employees 18 years of age or older, thus the federal rule applies in this case.”

Source: Indiana Department of Labor FAQ
Question: “Is there any information regarding Indiana lunch or breaks laws?”
Available at: https://faqs.in.gov/hc/en-us/articles/115005230008

Federal law (FLSA): Federal law does not require meal or rest breaks for adult employees. However, according to U.S. Department of Labor guidance at 29 C.F.R. § 785.18:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor
Regulation: 29 C.F.R. § 785.18
Available at: https://www.dol.gov/general/topic/workhours/breaks

Practical implications:

Employers are not required to provide meal or rest breaks to employees age 18 and over
Short breaks (5-20 minutes), if provided, must be paid time
Meal breaks (typically 30 minutes or more), if provided and if employee is completely relieved of duties, may be unpaid
Different rules apply to minor employees (under age 18)

Statement of Hours and Wages

Indiana law requires employers to provide employees with a statement showing hours worked, wages paid, and deductions.

According to Indiana Code § 22-2-2-8:

“Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall each pay period furnish to each employee a statement that includes at least the following information: (1) The hours worked by the employee. (2) The wages paid to the employee. (3) A listing of the deductions made from the employee’s wages.”

Source: Indiana Code § 22-2-2-8
Citation: Statement of Hours and Wages requirements
Official text: Indiana General Assembly website: https://iga.in.gov/

Required information on pay statement:

Hours worked during the pay period
Wages paid to the employee
Itemized list of deductions from wages

Frequency: Each pay period

Final Paycheck Requirements

Indiana law establishes deadlines for payment of final wages upon termination or resignation.

According to Indiana Code § 22-2-9-2:

“Whenever the employment relationship is terminated, the employer shall pay the employee in full, in accordance with the regular pay schedule for the pay period during which the termination occurs.”

Source: Indiana Code § 22-2-9-2
Citation: Final paycheck timing
Available at: Indiana General Assembly website

Payment deadline: Next regular payday after termination or resignation

Method of payment: Employers must follow the regular payment method (check, direct deposit, etc.)

Coverage: Applies to both voluntary resignations and involuntary terminations

Deductions: Employers may not withhold final pay for any reason except:

Court-ordered garnishments
Legally authorized deductions (taxes, insurance with employee authorization, etc.)
Recovery of overpayments under specific conditions in Indiana Code § 22-2-6-4

Wage Payment Frequency

According to Indiana Code § 22-2-5-1:

“Every employer shall pay all wages or compensation due the employees of such employer at least semimonthly or biweekly. If requested by an employee, an employer must make such payments in semimonthly or biweekly installments.”

Source: Indiana Code § 22-2-5-1
Citation: Wage payment frequency
Official text: Indiana Code

Required payment frequency:

At least semimonthly (twice per month), or
At least biweekly (every two weeks)
If employee requests either frequency, employer must comply

Wage Deductions

Indiana law restricts when employers may deduct amounts from employee wages.

According to Indiana Code § 22-2-6-2:

Employers may make deductions for specific purposes such as those required by law or authorized in writing. Third-party deductions benefitting the employer may not reduce wages below the applicable minimum wage.

Source: Indiana Code § 22-2-6-2
Citation: Wage deduction provisions
Available at: Indiana General Assembly website

Permitted deductions:

Federal, state, and local taxes (required by law)
Social Security and Medicare taxes (required by law)
Court-ordered garnishments
Employee-authorized deductions (insurance, retirement contributions, etc.)

Prohibited deductions:

Deductions that benefit primarily the employer without employee written authorization
Deductions that reduce employee’s wages below minimum wage (except as permitted by law)

2.2 Paid Sick Leave

Indiana does not have a state law requiring private employers to provide paid sick leave.

According to research conducted of Indiana statutes:

Search conducted:

Indiana Legislature website: https://iga.in.gov/
Search terms: “paid sick leave”, “sick time”, “paid time off”
Date: January 15, 2026
Result: No state-mandated paid sick leave requirement for private employers

Federal law (FLSA): Federal law does not require private employers to provide paid sick leave.

According to U.S. Department of Labor guidance:

“The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee’s representative).”

Source: U.S. Department of Labor
Topic: Hours Worked – Breaks and Time Off
Available at: https://www.dol.gov/general/topic/workhours/breaks

For Indiana employees: Paid sick leave policies are determined by:

Employer policy (as stated in employee handbook or personnel manual)
Individual employment contracts
Collective bargaining agreements (if applicable)

Family and Medical Leave Act (FMLA): While not providing paid sick leave, the federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying medical reasons to eligible employees. See Section 2.3 for details.

Note for state government employees: State of Indiana employees have sick leave benefits as defined in 31 IAC 5-8-3, but these provisions do not apply to private-sector employees.

Discrimination Laws in Indiana

3.1 Overview of Anti-Discrimination Protections

Indiana law prohibits employment discrimination on the basis of specific protected characteristics. The Indiana Civil Rights Law (Indiana Code § 22-9-1) and federal anti-discrimination statutes provide comprehensive protections for employees and job applicants.

According to Indiana Code § 22-9-1-2(a) and (b):

“(a) Equality of opportunity for education and employment, equality of access to places of public accommodation, and equal opportunity in housing for all persons are hereby declared to be civil rights.

(b) The practice of denying these rights to properly qualified persons by reason of the race, religion, color, sex, disability, national origin, or ancestry of such person is contrary to the principles of freedom and equality of opportunity and is a burden to the objectives of the public policy of this state and shall be considered as discriminatory practices.”

Source: Indiana Code § 22-9-1-2
Citation: Indiana Civil Rights Law – Public Policy
Official text: Indiana General Assembly website: https://iga.in.gov/
Last amended: 2014

3.2 Protected Classes Under Indiana Law

Indiana law prohibits employment discrimination based on the following protected characteristics:

State-Protected Classes

According to Indiana Code § 22-9-1-2 and § 22-9-1-3, the following characteristics are protected under Indiana’s Civil Rights Law:

Race
Religion
Color
Sex (including pregnancy, childbirth, and related medical conditions)
Disability (physical or mental)
National origin
Ancestry
Age (40 to 75 years) – under Indiana Code § 22-9-2-1
Veteran status (since 2013)

Source: Indiana Code § 22-9-1-2, § 22-9-1-3
Citation: Protected classes under Indiana Civil Rights Law
Official text: Indiana General Assembly website: https://iga.in.gov/
Available at: https://www.in.gov/icrc/

Age Discrimination Protections

Indiana provides age discrimination protection for individuals between ages 40 and 75.

According to Indiana Code § 22-9-2-1:

“‘Discrimination’ shall mean dismissal from employment of, or refusal to employ or rehire any person because of his age, if such person has attained the age of forty (40) years and has not attained the age of seventy-five (75) years.”

Source: Indiana Code § 22-9-2-1
Citation: Age Discrimination definitions
Official text: Indiana General Assembly website: https://iga.in.gov/
Last amended: 2009

Age range protected: 40-75 years of age

Note: Federal law (ADEA) protects workers age 40 and older with no upper age limit. The broader federal protection applies to employers covered under federal law.

Disability Discrimination Protections

Indiana’s disability discrimination law (Indiana Code § 22-9-5) provides protection substantially equivalent to the federal Americans with Disabilities Act.

According to Indiana Code § 22-9-5-19:

“A covered entity may not discriminate against a qualified individual with a disability because of the disability of that individual in regard to any of the following: (1) Job application procedures. (2) The hiring, advancement, or discharge of employees. (3) Employee compensation. (4) Job training. (5) Other terms, conditions, and privileges of employment.”

Source: Indiana Code § 22-9-5-19
Citation: Employment Discrimination Against Disabled Persons
Official text: Indiana General Assembly website: https://iga.in.gov/
Effective: 1992

Protected individuals: Qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of the employment position.

Veteran Status Protections

Indiana law prohibits discrimination against veterans.

According to Indiana Code § 22-9-1-2(f):

“It is against the public policy of the state and a discriminatory practice for an employer to discriminate against a prospective employee on the basis of status as a veteran by: (1) refusing to employ an applicant for employment on the basis that the applicant is a veteran of the armed forces of the United States; or (2) refusing to employ an applicant for employment on the basis that the applicant is a member of the Indiana National Guard or member of a reserve component.”

Source: Indiana Code § 22-9-1-2(f)
Citation: Veteran status protection
Official text: Indiana General Assembly website: https://iga.in.gov/
Effective: July 1, 2014

Federal Protected Classes (Also Applicable in Indiana)

Federal anti-discrimination laws provide additional protections that apply to employers in Indiana meeting specific employee thresholds.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on:

According to 42 U.S.C. § 2000e-2:

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation)
National origin

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Covered employers: Those with 15 or more employees

Age Discrimination in Employment Act (ADEA) protects workers age 40 and older:

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621
EEOC guidance: https://www.eeoc.gov/age-discrimination

Covered employers: Those with 20 or more employees

Americans with Disabilities Act (ADA) prohibits disability discrimination:

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101
EEOC guidance: https://www.eeoc.gov/laws/guidance

Covered employers: Those with 15 or more employees

Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information:

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff
EEOC guidance: https://www.eeoc.gov/laws/statutes/gina.cfm

Covered employers: Those with 15 or more employees

3.3 Covered Employers Under Indiana Law

According to Indiana Code § 22-9-1-3(h):

“‘Employer’ means the state or any political or civil subdivision thereof and any person employing six (6) or more persons within the state, except that the term ’employer’ does not include: (1) any nonprofit corporation or association organized exclusively for fraternal or religious purposes; (2) any school, educational, or charitable religious institution owned or conducted by or affiliated with a church or religious institution; or (3) any exclusively social club, corporation, or association that is not organized for profit.”

Source: Indiana Code § 22-9-1-3(h)
Citation: Definition of “Employer” under Indiana Civil Rights Law
Official text: Indiana General Assembly website: https://iga.in.gov/

Minimum threshold: 6 or more employees

Exceptions:

Fraternal or religious nonprofit corporations (organized exclusively for these purposes)
Religious schools and educational institutions
Social clubs not organized for profit

Note: Federal anti-discrimination laws have different employee thresholds (typically 15 or 20 employees) and may apply even when Indiana law does not.

3.4 Types of Prohibited Discrimination

Indiana and federal law prohibit various forms of discriminatory conduct in employment.

Disparate Treatment

Disparate treatment occurs when an employer treats an employee or job applicant less favorably because of their protected characteristic.

Examples:

Refusing to hire qualified candidates because of their race, religion, or sex
Paying employees different wages based on their protected status
Denying promotions to employees based on age or disability
Terminating employees because of their national origin or ancestry

Note: Intentional discrimination on the basis of a protected characteristic is prohibited, even if similarly situated employees of other protected classes are treated the same way.

Disparate Impact

Disparate impact occurs when an employer’s policy or practice, while neutral on its face, disproportionately affects members of a protected class and is not job-related and consistent with business necessity.

Examples:

Height or weight requirements that disproportionately exclude women or certain ethnic groups (unless job-related)
Written tests that disproportionately screen out certain racial or ethnic groups (unless validated as job-related)
“No beard” policies that disproportionately affect certain religious groups (unless job-related)

Harassment

Harassment based on a protected characteristic creates an unlawful hostile work environment when it is:

Severe or pervasive enough to create an abusive working environment, and
Based on the victim’s protected characteristic

Forms of harassment:

Verbal harassment (slurs, jokes, epithets)
Physical harassment (unwanted touching, assault)
Visual harassment (offensive images, gestures)
Other conduct that creates an intimidating or hostile work environment

3.5 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under both Indiana and federal law.

Definition Under Indiana Law

According to Indiana Civil Rights Commission materials, sexual harassment includes:

Unwelcome sexual advances
Requests for sexual favors
Other verbal or physical conduct of a sexual nature when:
- Submission is made explicitly or implicitly a term or condition of employment, or
- Submission or rejection is used as the basis for employment decisions, or
- Such conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment

Source: Indiana Civil Rights Commission guidance
Published by: Indiana Civil Rights Commission
Available at: https://www.in.gov/icrc/

Two Types of Sexual Harassment

1. Quid Pro Quo Sexual Harassment

Occurs when:

Submission to sexual conduct is made a condition of employment benefits (hiring, promotion, retention)
Employment decisions are based on acceptance or rejection of sexual conduct
A supervisor or person with authority conditions job benefits on sexual favors

2. Hostile Work Environment Sexual Harassment

Occurs when:

Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
The conduct is severe or pervasive enough to alter the conditions of employment
The conduct unreasonably interferes with the employee’s work performance

Employer Liability

Employers may be held liable for sexual harassment committed by:

Supervisors and managers (strict liability in quid pro quo cases)
Co-workers (if employer knew or should have known and failed to take prompt corrective action)
Non-employees (customers, vendors, contractors) in some circumstances

Harassment Training Requirements

Indiana does not have a statewide mandatory sexual harassment training requirement for private employers as of January 2026.

Search conducted:

Indiana Legislature website: https://iga.in.gov/
Search terms: “sexual harassment training”, “harassment prevention training”
Date: January 15, 2026
Result: No mandatory statewide training requirement found

Note: While not legally required, many employers implement harassment prevention training as a compliance practice to reduce liability.

Federal guidance: The EEOC encourages employers to provide harassment prevention training as part of effective anti-harassment policies.

3.6 Pregnancy Discrimination

Discrimination based on pregnancy, childbirth, or related medical conditions is prohibited under federal and Indiana law as a form of sex discrimination.

Federal Protection: Pregnancy Discrimination Act

According to Title VII as amended by the Pregnancy Discrimination Act (42 U.S.C. § 2000e(k)):

“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work.”

Source: Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e
EEOC guidance: https://www.eeoc.gov/laws/statutes/pregnancy.cfm

Requirements:

Pregnant employees must be treated the same as other employees similar in their ability to work
Pregnancy-related conditions must be treated the same as other temporary disabilities
Employers cannot refuse to hire, refuse to promote, or terminate employees because of pregnancy

Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, the federal Pregnant Workers Fairness Act requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg
Official text: https://www.eeoc.gov/laws/guidance/pregnant-workers-fairness-act
Effective date: June 27, 2023

Covered employers: Those with 15 or more employees

Note: Indiana does not have a separate state pregnancy accommodation law beyond the anti-discrimination provisions in the Indiana Civil Rights Law.

3.7 Retaliation Protections

Both Indiana and federal law prohibit retaliation against employees who oppose discrimination or participate in discrimination proceedings.

According to Title VII, 42 U.S.C. § 2000e-3(a):

“It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment…because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.”

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-3(a)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-3
EEOC guidance: https://www.eeoc.gov/laws/guidance/retaliation.cfm

Protected activities:

Filing a discrimination charge with ICRC or EEOC
Participating in a discrimination investigation or lawsuit
Opposing discriminatory practices
Requesting reasonable accommodations
Discussing wages or working conditions with coworkers

Prohibited retaliatory actions:

Termination or demotion
Reduction in pay or benefits
Negative performance evaluations
Increased scrutiny or discipline
Hostile treatment or isolation
Any adverse action because of protected activity

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Indiana and federal law require employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship.

Legal Framework

Indiana Law:

According to Indiana Code § 22-9-5-19, covered entities may not discriminate against qualified individuals with disabilities in employment. This includes the obligation to provide reasonable accommodations.

Source: Indiana Code § 22-9-5-19
Citation: Employment Discrimination Against Disabled Persons
Official text: Indiana General Assembly website: https://iga.in.gov/

Federal Law (ADA):

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Covered employers:

Indiana law: 15 or more employees
Federal ADA: 15 or more employees

Who Is Protected

Qualified individual with a disability: An individual who:

Has a physical or mental impairment that substantially limits one or more major life activities, OR
Has a record of such an impairment, OR
Is regarded as having such an impairment, AND
Can perform the essential functions of the job with or without reasonable accommodation

Major life activities include: Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of major bodily functions.

Examples of Reasonable Accommodations

Modified work schedules or part-time schedules
Reassignment to a vacant position
Acquisition or modification of equipment or devices
Adjustment of training materials or policies
Provision of qualified readers or interpreters
Making existing facilities accessible
Telework or remote work arrangements
Additional unpaid leave beyond what is provided under company policy
Modified break schedules

4.2 Interactive Process

When an employee requests an accommodation or when the employer becomes aware of a need for accommodation, the employer must engage in an interactive process.

Steps in the interactive process:

1. Employee requests accommodation or employer identifies potential need

Request may be informal and does not need to use specific language
Employee should identify the disability and functional limitation affecting job performance

2. Employer gathers information

Employer may request medical documentation if disability is not obvious
Employer should identify essential job functions
Discussion should be collaborative

3. Employer explores possible accommodations

Consider employee’s preferred accommodation
Identify alternative accommodations if preferred accommodation poses undue hardship
Consult resources such as Job Accommodation Network (JAN)

4. Employer selects and implements accommodation

Employer chooses which accommodation to provide (among effective options)
Implement accommodation in a timely manner
Monitor effectiveness of accommodation

5. Ongoing assessment

Periodically assess whether accommodation remains effective
Adjust accommodation as needed

Documentation: Employers typically document the interactive process, including:

When request was made
Information gathered
Accommodations considered
Why specific accommodations were chosen or rejected
Implementation steps

4.3 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an undue hardship on business operations.

Undue hardship means:

Significant difficulty, or
Significant expense

Factors in determining undue hardship:

Nature and cost of the accommodation
Overall financial resources of the facility and covered entity
Number of persons employed at the facility and by the covered entity
Effect on expenses and resources
Impact on facility operations
Type of operations, including composition, structure, and functions of the workforce

Note: The fact that an accommodation costs money does not automatically make it an undue hardship. The cost must be significant relative to the employer’s resources and operations.

4.4 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs and practices unless doing so would impose an undue hardship.

Legal Framework

According to Title VII, 42 U.S.C. § 2000e(j):

“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Protected religious practices include:

Religious observances and worship
Religious dress and grooming practices
Dietary restrictions
Religious holidays and Sabbath observance
Prayer during work hours

Examples of Religious Accommodations

Schedule changes to accommodate religious observances
Voluntary shift swaps or substitutions
Modified dress or grooming standards
Modifications to work practices or policies
Use of personal leave for religious observances

Undue Hardship for Religious Accommodation

For religious accommodations, undue hardship means “more than de minimis cost” to the employer’s business operations.

Factors considered:

Cost of the accommodation
Impact on coworkers
Burden on business operations
Safety considerations

Note: The standard for undue hardship for religious accommodations is lower than for disability accommodations.

4.5 Pregnancy Accommodations

Under the federal Pregnant Workers Fairness Act (PWFA), covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Effective date: June 27, 2023

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg
EEOC guidance: https://www.eeoc.gov/laws/guidance/pregnant-workers-fairness-act
Regulations: 29 C.F.R. Part 1636

Covered employers: Those with 15 or more employees

Examples of pregnancy accommodations:

Additional, more frequent, or longer breaks
Time off for health care appointments
Modifications to work schedules
Temporary reassignment to light duty
Assistance with manual labor
Temporary suspension of essential job functions
Seating accommodations
Leave or time off

Note: Employers must provide these accommodations unless they can demonstrate that doing so would impose an undue hardship.

4.6 Accommodation Request Process

The accommodation request process typically involves the following steps:

Employee Request Process

Identifying the need:

Employees identify limitations affecting job performance
Employees consider potential accommodations

Making the request:

Employees inform supervisors or HR departments
Requests may be verbal or written
Requests typically include explanation of limitation and how it affects work
Employees may suggest possible accommodations

Providing documentation:

Medical documentation may be required for disability accommodations
Documentation describes the limitation and need for accommodation
Healthcare providers may be asked to avoid providing diagnosis unless necessary

Participating in interactive process:

Employees discuss accommodation options with employer
Employees may need to be flexible regarding alternative accommodations
Employees may need to provide additional information if requested

Follow-up:

Employees monitor whether accommodation is implemented
Employees communicate if accommodation is not effective
Employees may request adjustments if needed

Employer Response Process

Receiving and documenting request:

Employers receive the employee’s request
Employers may ask clarifying questions about the limitation and need
Employers document the request and date received

Gathering information:

Employers may request medical documentation if disability is not obvious
Employers identify essential job functions
Employers review applicable policies

Engaging in interactive process:

Employers discuss accommodation options with employee
Employers consider employee’s preferred accommodation first
Employers explore alternatives if needed

Selecting and implementing accommodation:

Employers choose an effective accommodation
Employers implement accommodation in a timely manner
Employers communicate decision to employee in writing

Monitoring and adjusting:

Employers check that accommodation is working
Employers make adjustments as needed
Employers reassess if circumstances change

Employer Obligations in Indiana

5.1 Required Workplace Postings

Indiana employers must display specific labor law notices in conspicuous locations where employees can easily see them.

State-Required Posters

According to Indiana Department of Workforce Development and Indiana Department of Labor, employers must post the following state notices:

1. Indiana Minimum Wage Law

According to Indiana Code § 22-2-2-8(c):

“Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall post in a conspicuous place in the area where employees are employed a single page poster providing employees notice” of minimum wage requirements.

Source: Indiana Code § 22-2-2-8(c)
Official poster: https://www.in.gov/dol/files/Minimum-Wage-Law.pdf
Available from: Indiana Department of Labor
Current version: Updated July 24, 2009

2. Unemployment Insurance Notice

Required posting of unemployment insurance benefits and employer obligations.

Source: Indiana Code § 22-4-17-1(e) and 646 IAC 5-2-16
Official poster: Available from Indiana Department of Workforce Development
Available at: https://www.in.gov/dwd/indiana-unemployment/employers/forms-downloads/required-employer-posters/

3. Workers’ Compensation Notice

Information about workers’ compensation rights and procedures.

Official poster: Available from Worker’s Compensation Board of Indiana
Available at: https://www.in.gov/wcb/employers/

4. IOSHA Workplace Safety Notice (Job Safety and Health Protection)

Occupational safety and health protections under the Indiana Occupational Safety and Health Administration.

Official poster: Available from Indiana Department of Labor
Available at: https://www.in.gov/dol/publications/

5. Work Restrictions for Youth Employees (if employer employs minors)

Effective January 1, 2025, this poster outlines work restrictions for employees under age 18.

Note: This poster replaced the previous “Teen Worker Hour Restrictions” notice.

Official poster: Available from Indiana Department of Labor
Available at: https://www.in.gov/dol/files/WorkRestrictionsYouthEmployees.pdf
Updated: January 2025

Key changes effective January 1, 2025:

16- and 17-year-olds may work the same hours as adults (no time restrictions)
No parental permission required for 16- and 17-year-olds to work longer hours
14- and 15-year-olds may now work until 9:00 PM between June 1 and Labor Day
All minors under 18 prohibited from hazardous occupations per FLSA

6. Equal Employment Opportunity (Civil Rights)

Notice of protections under Indiana Civil Rights Law.

Official poster: Available from Indiana Civil Rights Commission
Available at: https://www.in.gov/icrc/training/training-materials/

Federal Required Posters

In addition to state posters, employers must display federal workplace notices:

1. EEOC “Know Your Rights: Workplace Discrimination is Illegal” poster

Source: Equal Employment Opportunity Commission
Official poster: https://www.eeoc.gov/poster
Updated: June 2023 (includes Pregnant Workers Fairness Act)

2. FLSA Minimum Wage poster (if not covered by state poster)

Source: U.S. Department of Labor, Wage and Hour Division
Official poster: https://www.dol.gov/agencies/whd/posters

3. OSHA “Job Safety and Health: It’s the Law” poster

Source: Occupational Safety and Health Administration
Official poster: https://www.osha.gov/publications/poster

Note: Indiana has a state OSHA plan (IOSHA), so employers post the Indiana IOSHA poster instead of the federal OSHA poster.

4. Employee Polygraph Protection Act poster

Source: U.S. Department of Labor, Wage and Hour Division
Official poster: https://www.dol.gov/agencies/whd/posters

5. Family and Medical Leave Act (FMLA) poster (employers with 50+ employees)

Source: U.S. Department of Labor, Wage and Hour Division
Official poster: https://www.dol.gov/agencies/whd/posters/fmla

6. Employee Rights Under the National Labor Relations Act poster

Source: National Labor Relations Board
Official poster: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights

Where to Post

Notices must be posted:

In a conspicuous location
Where employees regularly pass by or congregate
Where they can be easily read
In areas accessible to all employees

Multiple locations: Employers with multiple work locations must post notices at each location.

Languages: Post notices in the languages commonly spoken by employees when translations are available from the issuing agency.

5.2 New Hire Reporting

Indiana law requires all employers to report newly hired and rehired employees to the Indiana New Hire Reporting Center.

Legal Requirement

According to Indiana Code § 22-4-10-8:

Employers must electronically report all newly hired or rehired employees to the state directory within 20 days of the hire or rehire date.

Source: Indiana Code § 22-4-10-8
Citation: New hire reporting requirement
Official website: https://in-newhire.com/
Contact: Indiana New Hire Reporting Center

Reporting Deadline

Timeline: Within 20 days of the date of hire or rehire

Electronic reporting: Employers submitting reports electronically may report twice monthly, not less than 12 days nor more than 16 days apart.

Effective July 1, 2024: All reports must be submitted electronically. Paper reporting is no longer accepted.

Source: Indiana Senate Bill 148
Effective date: July 1, 2024

Required Information (Effective July 1, 2024)

According to Indiana Senate Bill 148, employers must report the following for each new hire:

Employee Information:

Employee’s name (first, middle, last)
Employee’s address
Employee’s Social Security number
Date services for remuneration were first performed (hire date)
Employee’s current job title (NEW as of July 1, 2024)
Employee’s primary standardized occupational classification (SOC) code (NEW as of July 1, 2024)
Employee’s starting compensation (NEW as of July 1, 2024)
Employee’s rate of pay (annual, hourly, etc.) (NEW as of July 1, 2024)

Employer Information:

Employer’s name
Employer’s address
Employer’s Federal Employer Identification Number (FEIN)

Source: Indiana Senate Bill 148
Information from: Indiana New Hire Reporting Center
Available at: https://in-newhire.com/

Who Must Be Reported

New hires: Employees who have never worked for the employer before

Rehires: Employees who previously worked for the employer but were separated for at least 60 consecutive days

Includes:

Full-time, part-time, and temporary employees
Employees who work just a few hours
Anyone who completes a W-4 form

How to Report

Methods:

Online through the Indiana New Hire Reporting Center website
Secure file upload
Secure File Transfer Protocol (SFTP)
Electronic batch reporting systems

Website: https://in-newhire.com/
Phone: (866) 879-0198
Email: contact@in-newhire.com

Mailing address: (for inquiries only; paper reports no longer accepted)
Indiana New Hire Reporting Center
PO Box 3429
Trenton, NJ 08619

Penalties for Non-Compliance

Employers who fail to report new hires may face:

Fines of up to $25 per unreported employee
Fines of up to $500 for conspiracy to not report

Source: Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Purpose of New Hire Reporting

New hire reporting serves multiple purposes:

Locating parents who owe child support
Establishing and enforcing child support orders
Preventing fraudulent collection of unemployment insurance benefits
Preventing workers’ compensation fraud
Preventing welfare fraud

5.3 Recordkeeping Requirements

Employers in Indiana must maintain specific employment records as required by state and federal law.

Federal Recordkeeping Requirements (FLSA)

According to Fair Labor Standards Act regulations at 29 C.F.R. § 516.2, covered employers must maintain and preserve records including:

Employee’s full name and Social Security number
Address and ZIP code
Birth date if under age 19
Sex and occupation
Time and day of week when employee’s workweek begins
Hours worked each day and each workweek
Basis of pay (hourly, weekly, piece rate, etc.)
Regular hourly pay rate
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from wages
Total wages paid each pay period
Date of payment and the pay period covered

Source: Fair Labor Standards Act regulations
Citation: 29 C.F.R. § 516.2
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-recordkeeping

Retention period: 3 years for payroll records; 2 years for supporting documentation (time cards, work schedules, etc.)

Indiana Recordkeeping Requirements

According to Indiana Code § 22-2-2-8, employers must maintain records related to:

Hours worked by employees
Wages paid to employees
Deductions made from wages

Source: Indiana Code § 22-2-2-8
Citation: Statement of Hours and Wages requirements

Retention period: Indiana employers typically retain these records consistent with federal requirements (3 years minimum)

Additional Recordkeeping Requirements

EEO-1 Reports (employers with 100+ employees, or federal contractors with 50+ employees):

Required annual report to EEOC on workforce demographics
Deadline: Typically March-May each year
Filed electronically through EEOC portal

Form I-9 (Employment Eligibility Verification):

Required for all employees (no size threshold)
Must be completed within 3 days of hire
Retention: 3 years after hire or 1 year after termination, whichever is later
Must be available for inspection by authorized government agents

Source: U.S. Citizenship and Immigration Services
Form: Form I-9
Available at: https://www.uscis.gov/i-9

OSHA Records (employers with 11+ employees in most industries):

Log of work-related injuries and illnesses (Form 300)
Annual summary (Form 300A)
Retention: 5 years
Annual posting requirement: February 1 – April 30

Source: Occupational Safety and Health Administration
Regulation: 29 C.F.R. § 1904
Available at: https://www.osha.gov/recordkeeping

5.4 Form I-9 and Employment Eligibility Verification

All employers in Indiana must verify the identity and employment authorization of each person hired.

E-Verify

E-Verify is a federal electronic employment verification system.

Mandatory for: Federal contractors and some state/local government contractors

Voluntary for: Most private employers in Indiana

Note: Indiana does not have a universal E-Verify requirement for all employers as of January 2026.

Source: U.S. Citizenship and Immigration Services
Website: https://www.e-verify.gov/

5.5 Wage Payment Requirements

Employers must follow specific requirements when paying wages.

Payment Methods

Acceptable methods include:

Cash
Check
Direct deposit (with employee authorization)
Payroll card (with employee authorization)

Wage Statements

As noted in Section 2.1, employers must provide a statement each pay period showing:

Hours worked
Wages paid
Deductions made

Source: Indiana Code § 22-2-2-8

5.6 Employer Compliance Requirements Summary

Indiana employers are subject to the following legal requirements:

Initial Hiring Requirements:

Post required state and federal workplace notices
Complete Form I-9 within 3 days of hire
Report new hire to Indiana New Hire Reporting Center within 20 days
Provide employee handbook (if employer has one)
Enroll in required insurance programs (workers’ compensation, unemployment)
Set up payroll and tax withholding systems
Register minors in Youth Employment System (if employer has 5+ minor employees)

Ongoing Compliance Requirements:

Pay at least minimum wage for all hours worked
Pay overtime (1.5x regular rate) for hours over 40 per week (non-exempt employees)
Provide wage statements each pay period
Maintain required employment records (3 years minimum for payroll records)
Keep workplace posters current and visible
Respond to accommodation requests through interactive process
Maintain workers’ compensation coverage
Report workplace injuries/illnesses to IOSHA as required
Conduct annual EEO-1 reporting (employers with 100+ employees)

Termination Requirements:

Pay final wages by next regular payday
Provide information about continuation of health benefits (COBRA, if applicable)
Provide accurate final wage statement
Preserve employment records for required retention period

Filing Complaints

6.1 Circumstances for Filing Complaints

Employees may file complaints regarding:

Unpaid wages or minimum wage violations
Unpaid overtime
Discrimination based on a protected characteristic
Harassment creating a hostile work environment
Retaliation for protected activities
Denial of reasonable accommodation
Unsafe working conditions

6.2 Wage and Hour Complaints – Indiana Department of Labor

For complaints regarding unpaid wages, minimum wage violations, or overtime issues, employees may file with the Indiana Department of Labor.

Indiana Department of Labor
Wage and Hour Division

Address:
402 West Washington Street, Room W195
Indianapolis, IN 46204

Phone: (317) 232-2655
Email: wagehour@dol.in.gov
Website: https://www.in.gov/dol/

Filing process:

Contact the Wage and Hour Division
Complete a wage claim form
Provide documentation (pay stubs, time records, employment contract, etc.)
Department investigates the claim
Department may facilitate resolution or refer to legal channels

Time limit: Indiana Code § 22-2-2-9 provides a 3-year statute of limitations for wage claims.

Note: Employees may also file a private lawsuit in circuit or superior court for unpaid wages.

6.3 Discrimination Complaints – Indiana Civil Rights Commission

For complaints of employment discrimination based on protected characteristics, employees may file with the Indiana Civil Rights Commission (ICRC).

Indiana Civil Rights Commission

Main Office:
100 North Senate Avenue, Room N300
Indianapolis, IN 46204

Phone: (317) 232-2600
Toll-free: 1-800-628-2909
TTY: (317) 232-1580
Fax: (317) 232-6560
Email: Contact through website
Website: https://www.in.gov/icrc/

Filing process:

File complaint online at https://www.in.gov/icrc/ or by phone
Complete intake questionnaire
ICRC reviews for jurisdiction and timeliness
If accepted, ICRC investigates
ICRC determines whether probable cause exists
Mediation or conciliation may be offered
If no settlement, case may proceed to hearing or court

Filing deadline: 180 days from the date of the alleged discriminatory act

According to Indiana Code § 22-9-1-3(p):

“No complaint shall be valid unless filed within one hundred eighty (180) days from the date of the occurrence of the alleged discriminatory practice.”

Source: Indiana Code § 22-9-1-3(p)
Citation: Complaint filing deadline

Dual filing: ICRC has a workshare agreement with EEOC. Filing with ICRC typically satisfies EEOC filing requirements.

6.4 Federal Discrimination Complaints – Equal Employment Opportunity Commission (EEOC)

Employees may file discrimination complaints with the federal EEOC.

EEOC Indianapolis District Office

Address:
101 West Ohio Street, Suite 1900
Indianapolis, IN 46204

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov
Online filing: https://publicportal.eeoc.gov/Portal/Login.aspx

Filing deadline:

180 days from the discriminatory act (for filing with EEOC only)
300 days in states with fair employment practice agencies (like Indiana ICRC)

Types of discrimination covered:

Title VII (race, color, religion, sex, national origin)
ADEA (age 40+)
ADA (disability)
GINA (genetic information)
EPA (equal pay)
Pregnancy discrimination

Process:

Contact EEOC or file charge online
EEOC determines whether to accept charge
Charge is referred to employer (respondent)
EEOC investigates
EEOC issues determination (cause/no cause)
EEOC may facilitate settlement
If no settlement, EEOC issues “Right to Sue” letter
Employee may file lawsuit in federal court within 90 days of receiving Right to Sue letter

6.5 Workplace Safety Complaints – IOSHA

For complaints about unsafe working conditions, employees may file with Indiana OSHA (IOSHA).

Indiana Occupational Safety and Health Administration (IOSHA)
Indiana Department of Labor

Address:
402 West Washington Street, Room W195
Indianapolis, IN 46204

Phone: (317) 232-2655
Website: https://www.in.gov/dol/iosha/
Online complaint form: Available on IOSHA website

Filing process:

File complaint online, by phone, or in writing
Describe the hazard in detail
IOSHA reviews complaint
If valid, IOSHA conducts inspection
Employer must correct violations within specified timeframe

Confidentiality: Employees may request that their name not be revealed to the employer.

Retaliation protection: It is illegal for employers to retaliate against employees for filing safety complaints.

Source: Indiana Occupational Safety and Health Act
Information: https://www.in.gov/dol/iosha/

6.6 Private Lawsuits

Employees may file private lawsuits in state or federal court for various employment law violations.

Types of claims that may be brought in court:

Breach of employment contract
Wage and hour violations
Discrimination (after exhausting administrative remedies)
Wrongful termination
Retaliation
Violation of public policy

Time limitations (statutes of limitations):

Wage claims: 3 years (Indiana Code § 22-2-2-9)
Discrimination (after EEOC Right to Sue): 90 days
Contract claims: Varies depending on type of contract
Other claims: Consult attorney for specific time limits

Note: For specific legal questions, individuals may consult with an attorney to understand their legal rights and options.

6.7 Complaint Filing Considerations

Documentation: Common documentation includes:

Copies of pay stubs, time records, performance evaluations
Records of incidents (dates, times, witnesses, what occurred)
Emails, text messages, and other communications
Notes on patterns of behavior

Timing: Filing deadlines exist for various types of complaints:

Wage claims: 3-year statute of limitations under Indiana Code § 22-2-2-9
Discrimination: 180 days from discriminatory act (Indiana Civil Rights Commission)
Federal discrimination: 180-300 days depending on circumstances (EEOC)

Information to Include: Complaints typically include:

Names, dates, and specific facts
Explanation of harm experienced
Relevant supporting documents

Record Retention: Individuals filing complaints typically:

Make copies of all documents submitted
Keep confirmation numbers and receipts
Document all communications with agencies

Legal Representation: Options for legal assistance include:

Private employment attorneys
Legal aid organizations (may provide free or low-cost assistance based on eligibility)
Some attorneys work on contingency basis (fee only if case is successful)

6.8 Enforcement Remedies Available

Wage and hour violations:

Back pay for unpaid wages
Liquidated damages (equal to unpaid wages)
Attorney’s fees and costs

Discrimination:

Back pay and benefits
Reinstatement or front pay
Compensatory damages (emotional distress, etc.)
Punitive damages (in some cases)
Attorney’s fees and costs
Injunctive relief (requiring employer to stop discrimination)

Workplace safety violations:

Employer must correct hazards
IOSHA may issue citations and fines
Serious violations may result in criminal penalties

Remote Work in Indiana

7.1 Key Considerations for Remote Work

Remote work arrangements are generally governed by the terms of the employment relationship and applicable employment laws.

Employment law application:

Indiana minimum wage and overtime laws apply to remote workers working in Indiana
Discrimination and harassment protections apply to remote workers
Workplace safety requirements may apply to home offices in limited circumstances
Workers’ compensation typically covers remote workers injured during work activities

Employer policies:

Remote work policies should be clearly documented
Policies should address equipment, reimbursement, work hours, and expectations
Employers may clarify which positions are eligible for remote work in their policies

7.2 Right to Request Remote Work

Indiana does not have a state law providing employees with a statutory right to request remote work arrangements as of January 2026.

Search conducted:

Indiana Legislature website: https://iga.in.gov/
Search terms: “remote work”, “flexible work”, “telework”, “right to request”
Date: January 15, 2026
Result: No state statute establishing right to request remote work

Note: Remote work arrangements are generally based on:

Employer policies
Individual employment agreements
Collective bargaining agreements (if applicable)
Reasonable accommodation requirements (for disabilities)

7.3 Remote Work as Reasonable Accommodation

Remote work may be a reasonable accommodation for employees with disabilities under the ADA and Indiana disability discrimination law.

According to EEOC guidance, remote work may be considered as an accommodation when:

The employee’s disability prevents them from working at the employer’s worksite
The essential functions of the job can be performed remotely
Remote work does not impose an undue hardship on the employer

Source: EEOC guidance on telework as a reasonable accommodation
Available at: https://www.eeoc.gov/laws/guidance/work-home-reasonable-accommodation

Factors to consider:

Whether the position requires in-person interaction
Whether the employer has provided remote work to other employees
Whether technology exists to perform the work remotely
Impact on team collaboration and supervision

7.4 Return-to-Office (RTO) Mandates

Employers in Indiana generally have the right to require employees to return to in-person work, subject to certain limitations.

Employer authority:

At-will employment generally allows employers to change work conditions, including work location
Employers may implement return-to-office policies
Advance notice is recommended but not legally required (except as specified in contracts)

Limitations on RTO mandates:

Must provide reasonable accommodations for disabilities that prevent return to office
Cannot be used to discriminate or retaliate
Must comply with any contractual obligations (employment contracts, collective bargaining agreements)

Note: Employees who believe an RTO mandate violates their rights should:

Request reasonable accommodation if they have a disability
Document concerns
Consult with an employment attorney if needed

Indiana Remote Work Laws

2026 Updates and Recent Changes

8.1 Major Changes Effective in 2026

Youth Employment Hour Restrictions (Effective January 1, 2025)

According to Indiana Department of Labor:

Significant changes to youth employment restrictions took effect January 1, 2025:

For 16- and 17-year-olds:

May now work the same hours as adults (no time restrictions)
No parental permission required for working extended hours
Still prohibited from hazardous occupations per federal FLSA

For 14- and 15-year-olds:

May work until 9:00 PM on any day between June 1 and Labor Day (previously 7:00 PM)
Other hour restrictions remain in place during school year
Still prohibited from hazardous occupations

All minors under 18:

Prohibited from occupations designated as hazardous by FLSA
Employers with 5+ minor employees must register them in Youth Employment System (YES)

Source: Indiana Code 22-2-18.1-16, as amended
Effective date: January 1, 2025
Information: https://www.in.gov/dol/youth-employment/

New Hire Reporting Requirements (Effective July 1, 2024)

Enhanced new hire reporting requirements became effective July 1, 2024, requiring additional data elements:

Current job title
Standardized occupational classification (SOC) code
Starting compensation
Rate of pay
Electronic submission mandatory

Source: Indiana Senate Bill 148
Effective date: July 1, 2024
Information: https://in-newhire.com/

8.2 Pending Legislation

Note: Legislation pending as of January 2026 is subject to change. Employers and employees should monitor the Indiana General Assembly website for updates.

Source: Indiana General Assembly
Website: https://iga.in.gov/

8.3 Federal Law Updates Affecting Indiana Employers

Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, the PWFA requires reasonable accommodations for pregnancy, childbirth, and related medical conditions.

Source: 42 U.S.C. § 2000gg
EEOC regulations: 29 C.F.R. Part 1636
Information: https://www.eeoc.gov/laws/guidance/pregnant-workers-fairness-act

PUMP Act (Nursing Mothers)

The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act expanded protections for nursing mothers in the workplace.

Source: Fair Labor Standards Act, 29 U.S.C. § 207(r)
Effective date: April 28, 2023
DOL information: https://www.dol.gov/agencies/whd/pump-at-work

8.4 How to Stay Updated on Employment Law Changes

Official sources to monitor:

Indiana General Assembly:

Website: https://iga.in.gov/
Provides bill text, status, and legislative updates
Session typically runs January-April

Indiana Department of Labor:

Website: https://www.in.gov/dol/
Publishes updates on wage and hour laws, safety regulations
Provides updated workplace posters

Indiana Civil Rights Commission:

Website: https://www.in.gov/icrc/
Updates on discrimination law and enforcement

U.S. Department of Labor:

Website: https://www.dol.gov/
Updates on federal wage and hour law, FMLA, OSHA

Equal Employment Opportunity Commission:

Website: https://www.eeoc.gov/
Updates on federal anti-discrimination laws

Professional resources:

Industry associations
HR professional organizations
Employment law attorneys
Compliance service providers

8.5 Compliance Monitoring

Employment law compliance monitoring commonly includes:

Periodic reviews:

Monitoring new legislation
Updating workplace posters when required
Tracking reporting deadlines (EEO-1, OSHA Form 300A, etc.)
Reviewing wage and hour practices
Updating policies and handbooks as laws change
Monitoring new hire reporting requirements
Reviewing recordkeeping practices

Resources

10.1 State Government Agencies

Indiana Department of Labor
402 West Washington Street, Room W195
Indianapolis, IN 46204
Phone: (317) 232-2655
Wage and Hour: wagehour@dol.in.gov
Website: https://www.in.gov/dol/

Indiana Civil Rights Commission
100 North Senate Avenue, Room N300
Indianapolis, IN 46204
Phone: (317) 232-2600
Toll-free: 1-800-628-2909
Website: https://www.in.gov/icrc/

Indiana Department of Workforce Development
10 North Senate Avenue
Indianapolis, IN 46204
Phone: (317) 232-7676
Unemployment: (800) 891-6499
Website: https://www.in.gov/dwd/

Worker’s Compensation Board of Indiana
402 West Washington Street, Room W196
Indianapolis, IN 46204
Phone: (317) 232-3808
Toll-free: 1-800-824-2667
Website: https://www.in.gov/wcb/

Indiana New Hire Reporting Center
PO Box 3429
Trenton, NJ 08619
Phone: (866) 879-0198
Fax: (800) 408-1388
Email: contact@in-newhire.com
Website: https://in-newhire.com/

10.2 Federal Agencies

U.S. Department of Labor
Wage and Hour Division
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd

Equal Employment Opportunity Commission (EEOC)
Indianapolis District Office
101 West Ohio Street, Suite 1900
Indianapolis, IN 46204
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov

Occupational Safety and Health Administration (OSHA)
Note: Indiana has its own IOSHA program; federal OSHA has jurisdiction over certain employers not covered by IOSHA
Website: https://www.osha.gov

U.S. Citizenship and Immigration Services
Form I-9 and E-Verify
Website: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov/

National Labor Relations Board (NLRB)
Indianapolis Resident Office
Phone: (317) 226-7430
Website: https://www.nlrb.gov

10.3 Key Publications and Guidance Documents

Indiana Department of Labor Publications:

Indiana Minimum Wage Law poster
Work Restrictions for Youth Employees poster
IOSHA Workplace Safety publications Available at: https://www.in.gov/dol/publications/

EEOC Publications:

“Know Your Rights: Workplace Discrimination is Illegal” poster
Enforcement guidance on various discrimination topics Available at: https://www.eeoc.gov/publications

DOL Publications:

FLSA fact sheets
FMLA fact sheets
OSHA guidance documents Available at: https://www.dol.gov/general/topics

10.4 Legal Assistance Resources

Note: The following organizations are NOT government agencies. They are private or nonprofit organizations that provide legal assistance. For official government information, contact the agencies listed in Sections 10.1 and 10.2.

Indiana Legal Services, Inc.
Provides free civil legal assistance to low-income Hoosiers
Phone: (844) 243-0033
Website: https://www.indianalegalservices.org/

Indiana State Bar Association
Lawyer referral service
Phone: (317) 639-5465
Website: https://www.inbar.org/

Volunteer Lawyers Network (Marion County)
Provides pro bono legal services
Phone: (317) 635-9538
Website: https://www.vlnindiana.org/

Note: These resources may have eligibility requirements based on income or case type.

10.5 Professional Organizations

Note: The following organizations are NOT government agencies. They are private membership organizations that provide resources and updates to their members.

Indiana Chamber of Commerce
Employment law updates and HR resources
Phone: (317) 264-3110
Website: https://www.indianachamber.com/

Society for Human Resource Management (SHRM) – Indiana
HR professional development and resources
Website: https://www.shrm.org/

10.6 Updates and Monitoring

To monitor legislative changes:

Indiana General Assembly: https://iga.in.gov/
Track bills during session (January-April typically)
Subscribe to agency email updates

To receive agency updates:

Subscribe to Indiana Department of Labor updates
Follow ICRC announcements
Subscribe to federal agency (DOL, EEOC) email lists

Legal update services:

Many law firms publish free employment law updates
Professional associations provide member updates
Compliance service providers offer alert services

Frequently Asked Questions - Indiana Employment Law

1. What is employment law in Indiana?

Employment law in Indiana consists of state and federal statutes, regulations, and court decisions that govern the relationship between employers and employees. It covers wage and hour requirements, anti-discrimination protections, workplace safety, reasonable accommodations, and other aspects of the employment relationship.

2. What is the difference between employment law and labor law in Indiana?

Employment law focuses on individual employment rights and obligations, such as wages, discrimination, and workplace safety. Labor law specifically addresses collective bargaining, union organizing, and the relationships between employers, employees, and labor organizations.

3. Is Indiana an at-will employment state?

Yes. Indiana follows the employment-at-will doctrine, which means employers may generally terminate employees at any time for any reason not prohibited by law, and employees may resign at any time. Important exceptions exist for discrimination, retaliation, public policy violations, and when employment contracts specify otherwise.

4. What is the minimum wage in Indiana in 2026?

The Indiana minimum wage is $7.25 per hour, matching the federal minimum wage. This rate has been in effect since July 24, 2009, with no scheduled increases as of January 2026.

5. Does Indiana require employers to pay overtime?

Yes. Indiana law requires employers to pay overtime at 1.5 times the regular rate for hours worked over 40 in a workweek for non-exempt employees. This follows federal Fair Labor Standards Act requirements.

6. Does Indiana require meal breaks or rest breaks?

No. Indiana does not have a state law requiring employers to provide meal or rest breaks to employees age 18 and older. Federal law also does not require breaks. However, if employers provide short breaks (5-20 minutes), they must be paid.

7. What are my employee rights in Indiana?

Indiana employees have rights including:

Minimum wage for all hours worked
Overtime pay (1.5x) for hours over 40 per week (if non-exempt)
Freedom from discrimination based on protected characteristics
Reasonable accommodations for disabilities and religious beliefs
Safe working conditions
Protection from retaliation for exercising workplace rights
Wage statements showing hours, pay, and deductions

8. Can my employer fire me for any reason in Indiana?

Generally yes, due to at-will employment. However, employers cannot fire you for reasons that are illegal, including:

Discrimination based on protected characteristics
Retaliation for filing complaints or exercising legal rights
Refusing to commit illegal acts
Taking protected leave (FMLA, workers’ compensation, jury duty)
Whistleblowing on illegal conduct

9. How do I file a discrimination complaint in Indiana?

File with the Indiana Civil Rights Commission within 180 days of the discriminatory act. Contact ICRC at (317) 232-2600 or 1-800-628-2909, or file online at https://www.in.gov/icrc/. You may also file with the federal EEOC.

10. Can I request remote work as a reasonable accommodation?

Remote work may be a reasonable accommodation for employees with disabilities if the essential job functions can be performed remotely and it does not impose an undue hardship on the employer. Make the request through your employer’s accommodation process.

11. What are employer obligations in Indiana?

Indiana employers must:

Pay at least minimum wage and overtime as required
Post required state and federal workplace notices
Report new hires within 20 days
Maintain employment records for required periods
Provide wage statements each pay period
Not discriminate based on protected characteristics
Provide reasonable accommodations when required
Maintain workers’ compensation insurance
Comply with workplace safety standards

12. What workplace posters are required in Indiana?

Required posters include:

Indiana Minimum Wage Law
Unemployment Insurance Notice
Workers’ Compensation Notice
IOSHA Workplace Safety
Work Restrictions for Youth Employees (if employing minors)
Federal posters (EEOC, FLSA, FMLA, etc.)

13. What is the record retention period for employment documents in Indiana?

Federal law requires:

Payroll records: 3 years
Time cards and work schedules: 2 years
Form I-9: 3 years after hire or 1 year after termination
OSHA injury logs: 5 years Indiana employers should follow these federal standards.

14. Does Indiana require paid sick leave?

No. Indiana does not have a state law requiring private employers to provide paid sick leave. Sick leave policies are determined by employer policy, employment contracts, or collective bargaining agreements.

15. What protections exist for remote workers in Indiana?

Remote workers are protected by the same employment laws as on-site workers, including:

Minimum wage and overtime requirements
Anti-discrimination protections
Reasonable accommodation rights
Protection from retaliation
Workers’ compensation coverage (for work-related injuries)

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Indiana Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Who This Guide Serves

What This Guide Covers

Sources and Authority

Employment Law Framework in Indiana

1.1 At-Will Employment Doctrine

Statutory Basis

What At-Will Employment Means

Exceptions to At-Will Employment

1.2 Labor Law vs. Employment Law Distinction

Employment Law

Labor Law

Indiana’s Right-to-Work Status

Employee Rights in Indiana

2.1 Wage and Hour Rights

Minimum Wage

Training Wage (Subminimum Wage for Youth Workers)

Tipped Minimum Wage

Overtime Requirements

Meal and Rest Break Requirements

Statement of Hours and Wages

Final Paycheck Requirements

Wage Payment Frequency

Wage Deductions

2.2 Paid Sick Leave

Discrimination Laws in Indiana

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes Under Indiana Law

State-Protected Classes

Age Discrimination Protections

Disability Discrimination Protections

Veteran Status Protections

Federal Protected Classes (Also Applicable in Indiana)

3.3 Covered Employers Under Indiana Law

3.4 Types of Prohibited Discrimination

Disparate Treatment

Disparate Impact

Harassment

3.5 Sexual Harassment

Definition Under Indiana Law

Two Types of Sexual Harassment

Employer Liability

Harassment Training Requirements

3.6 Pregnancy Discrimination

Federal Protection: Pregnancy Discrimination Act

Pregnant Workers Fairness Act (PWFA)

3.7 Retaliation Protections

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Legal Framework

Who Is Protected

Examples of Reasonable Accommodations

4.2 Interactive Process

4.3 Undue Hardship Exception

4.4 Religious Accommodations

Legal Framework

Examples of Religious Accommodations

Undue Hardship for Religious Accommodation

4.5 Pregnancy Accommodations

4.6 Accommodation Request Process

Employee Request Process

Employer Response Process

Employer Obligations in Indiana

5.1 Required Workplace Postings

State-Required Posters

Federal Required Posters

Where to Post

5.2 New Hire Reporting

Legal Requirement

Reporting Deadline

Required Information (Effective July 1, 2024)

Who Must Be Reported

How to Report

Penalties for Non-Compliance

Purpose of New Hire Reporting

5.3 Recordkeeping Requirements

Federal Recordkeeping Requirements (FLSA)