Indiana · Unpaid Wages

Indiana Unpaid
Wages Calculator

Get a free estimate using Indiana's actual statutory data and filing requirements.

4 min readReviewed by the Made for Law editorial team
IN
Indiana
92Counties
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Estimate your Indiana Unpaid Wages

Get a free estimate using Indiana's actual statutory data and filing requirements.

Data sourced from Indiana statutes and court fee schedules.

Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer

Quick answer

Indiana legal data verified against Ind. Code § 29-1-10-13.

Key Takeaways

  • Indiana minimum wage (2026): $7.25/hr (federal minimum — Indiana has no higher state minimum wage)
  • Overtime rule: Federal FLSA standard: 1.5× for hours over 40/week
  • Statute of limitations: 2 years (FLSA); Indiana Wage Claims Act allows 2-year claims — miss it and the claim is permanently barred
  • File with: Indiana Department of Labor (in.gov/dol)
Indiana at a glance

Key facts for Indiana unpaid wages

Counties
92
Counties
In depth

What drives unpaid wages in Indiana

Indiana Minimum Wage and Overtime Rules (2026)

Indiana minimum wage: $7.25/hr (federal minimum — Indiana has no higher state minimum wage). Overtime rule: Federal FLSA standard: 1.5× for hours over 40/week.

Key statute: IC § 22-2-2-4 (minimum wage).

If your employer paid you less than $7.25/hr (federal minimum — Indiana has no higher state minimum wage) — or failed to pay 1.5× your regular rate for overtime hours — you are owed back wages for every underpaid hour, going back as far as your state's statute of limitations allows. For minimum wage violations, the difference between what you were paid and the applicable minimum wage, multiplied by all affected hours, is the base calculation.

Indiana's minimum wage matches the federal floor. The Indiana Wage Claims Act allows workers to file administrative claims for unpaid wages.

Workers who prevail may recover wages owed plus liquidated damages up to double the amount owed.

How to Calculate Your Unpaid Wages in Indiana

Step 1 — Identify the underpayment type: (a) Minimum wage violation: (applicable rate − actual rate paid) × hours worked; (b) Unpaid overtime: (regular rate × 0.5) × overtime hours missed; (c) Off-the-clock work: document all hours worked but not paid; (d) Final paycheck not received: document the total wages owed and the date your employment ended.

Step 2 — Calculate the base amount owed: Multiply the hourly underpayment by the number of affected hours in each pay period. Work backward to the beginning of the statute of limitations period — in Indiana, 2 years (FLSA); Indiana Wage Claims Act allows 2-year claims.

Federal FLSA claims go back 2 years (3 for willful violations), while state claims may go back further.

Step 3 — Add liquidated damages: Under the FLSA, you are entitled to an equal amount in liquidated damages (doubling the recovery). Indiana state law: may provide additional damages — check the state-specific rule above.

Under the FLSA, attorney's fees are also recoverable — meaning your employer pays your lawyer, not you.

Example: If you were owed $12.00/hr but paid $9.00/hr for 1,500 hours over 2 years: base underpayment = $4,500. Plus equal liquidated damages under FLSA = $4,500.

Total potential recovery = $9,000 + attorney's fees paid by your employer.

How to File a Wage Claim in Indiana

Option 1 — State administrative complaint (free, no attorney required): File a complaint with the Indiana Department of Labor at in.gov/dol. The agency investigates, contacts your employer, and — if the violation is confirmed — orders payment of back wages.

This path is free and appropriate for straightforward unpaid wage claims. Recovery: back wages and sometimes interest or penalties.

Option 2 — Federal FLSA complaint: File a complaint with the U.S. Department of Labor Wage and Hour Division (dol.gov/agencies/whd).

Federal investigators handle both individual complaints and large-scale investigations of employers with multiple violations. Recovery: back wages + equal liquidated damages + attorney's fees.

Option 3 — Private lawsuit (best for larger amounts): Hire an employment attorney to file suit in state or federal court. Under the FLSA, the employer pays your attorney's fees if you win — making representation effectively free for valid claims.

Class actions or collective actions are available when an employer has violated wages for multiple employees. This path typically produces the best outcomes for claims over $10,000.

Statute of limitations: 2 years (FLSA); Indiana Wage Claims Act allows 2-year claims. File before this deadline — it cannot be extended.

If your employer has retaliated against you for asserting wage rights (cut hours, fired you, demoted you), file a separate retaliation complaint immediately.

Common Wage Theft Tactics in Indiana

  • Wage theft takes many forms. Most common in Indiana: (1) Minimum wage violations — paying tipped workers a tip credit without ensuring tips bring wages up to the minimum
  • (2) Overtime misclassification — calling employees 'exempt' from overtime when they don't meet the FLSA duties test (the job title doesn't determine exempt status — the actual job duties do)
  • (3) Off-the-clock work — requiring employees to work before clocking in, during unpaid meal breaks, or after clocking out
  • (4) Misclassification as independent contractors — calling workers 'contractors' when they meet the economic reality test for employees, avoiding payroll taxes and benefits.

Agricultural workers, domestic workers, restaurant workers (tipped employees), and home care workers are disproportionately affected by wage theft and have special rules under both FLSA and Indiana state law that differ from the general standards. If you work in any of these categories, the general minimum wage and overtime rules may apply differently — consult an employment attorney or your state labor agency.

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Frequently asked

Questions families ask about Indiana unpaid wages

Edited and reviewed by our editorial team. Answers are general information — not legal advice.

What is the minimum wage in Indiana?

$7.25/hr (federal minimum — Indiana has no higher state minimum wage). This is the floor — your employer cannot pay less than this rate (or the federal $7.25, whichever is higher) for any work hour.

How far back can I recover unpaid wages in Indiana?

2 years (FLSA); Indiana Wage Claims Act allows 2-year claims under state law; 2 years (3 for willful violations) under federal FLSA. Always pursue the claim with the longer limitations period.

Where do I file a wage complaint in Indiana?

The Indiana Department of Labor handles state wage claims. You can also file with the U.S. DOL Wage and Hour Division for FLSA claims at dol.gov/agencies/whd.

Can my employer fire me for filing a wage complaint?

No — retaliation for filing a wage complaint is illegal under the FLSA and most state equivalents. If you are fired, demoted, or have hours cut after filing, document it immediately and file a retaliation complaint.

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Key statutes: Ind. Code § 29-1-10-13

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Legal information, not legal advice. The Unpaid Wages Calculator for Indiana produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Indiana attorney.