Executive exemption
Indiana exempts executive employees from its minimum wage and overtime requirements if they have the authority to hire or fire other employees and earn a minimum of $150 or more a may be exempt from the state minimum wage law. IN Statute 22-2-2-3(n). The standards set forth by the federal Fair Labor Standards Act regarding executive employees may provide additional guidance.
Administrative exemption
Indiana exempts administrative employees from its minimum wage and overtime requirements if they have the authority to hire or fire other employees and earn a minimum of $150 or more a may be exempt from the state minimum wage law. IN Statute 22-2-2-3(n). The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide additional guidance.
Professional exemption
Indiana exempts professional employees from its minimum wage and overtime requirements if they have the authority to hire or fire other employees and earn a minimum of $150 or more a may be exempt from the state minimum wage law. IN Statute 22-2-2-3(n). The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide additional guidance.
Outside salesman exemption
Indiana exempts outside salesmen from it minimum wage and overtime requirements if they are compensated solely by commission. IN Statute 22-2-2-3(k). The standards set forth by the federal Fair Labor Standards Act regarding outside sales employees may provide reasonable guidance.
Computer employee exemption
Indiana’s minimum wage law does exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage requirements.
Other minimum wage and overtime exemptions
Other employees who may be exempt from Indiana’s Minimum Wage Law include:
- individuals who are less than sixteen (16) years old
- individuals who are engaged in an independently established trade, occupation, profession, or business who are free from control or direction both under a contract of service or in fact
- individuals who provide services that are not in the course of the employing unit’s trade or business
- employees who are compensated on a commission basis
- individuals working for their own parents, spouse, or child
- religious order members who provide any service for that order, any ordained, commissioned, or licensed minister, priest, rabbi, sexton, or Christian Science reader
- volunteers providing services for any religious or charitable organization
- individuals performing services as student nurses in the employ of a hospital or nurses training school while enrolled and regularly attending classes in a nurses training school chartered or approved under law, or students performing services in the employ of persons licensed as both funeral directors and embalmers as a part of their requirements for apprenticeship to secure an embalmer’s license or a funeral director’s license from the state, or during their attendance at any schools required by law for securing an embalmer’s or funeral director’s license
- individuals who have completed a four (4) year course in a medical school approved by law when employed as interns or resident physicians by any accredited hospital
- individuals providing services for any camping, recreational, or guidance facilities operated by a charitable, religious, or nonprofit educational organization
- individuals with physical or mental disabilities who perform services for nonprofit organizations organized primarily for the purpose of providing employment for persons with disabilities or for assisting in their therapy and rehabilitation
- individuals employed as insurance producers or insurance solicitors if all their entire income is solely earned by commission.
- employees not working for more than four (4) weeks in any four (4) consecutive three (3) month periods
- employees overseen by the Interstate Commerce Commission to which has power to establish qualifications and maximum hours of service under the federal Motor Carrier Act of 1935 (49 USC 304(3)) or any employee of a carrier subject to IC 8-2-1
- agricultural laborers who are:
- employed on a farm, associated with cultivating the soil, or in association with raising or harvesting any agricultural or horticultural commodity, which includes raising, shearing, feeding, caring for, training, and managing livestock, bees, poultry, and furbearing animals and wildlife;
- employed by a farm’s owner, tenant or other operator, in association with the operation, management, conservation, improvement, or maintenance of the farm and the farm’s tools and equipment, if the majority of the service is provided on a farm;
- engaged in the production process or harvesting of maple sugar or maple syrup or any commodity defined by the Agricultural Marketing Act, as amended (12 USC 1141j)
- engaged in the process of raising or harvesting mushrooms
- employed in the operations of the hatching of poultry
- employed in the operation or maintenance of ditches, canals, reservoirs, or waterways that are exclusively used for supplying and storing water for the purpose of farming
- employed in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage, to market, or to a carrier for transportation to market, any agricultural or horticultural commodity, however, the service can only be performed as an incident to ordinary farming operation or, in the case of fruits and vegetables, as an incident to the preparation of fruits and vegetables for market. This exception is not permitted for services provided in association with any agricultural or horticultural commodity after its delivery to a terminal market or processor for preparation or distribution for consumption
- individuals not employed more than four (4) weeks in any four (4) consecutive three (3) month periods
- individuals engaged in services as a direct seller which include:
- in the trade or business of:
- selling, or soliciting the sale of, consumer products or services to any buyer on a buy-sell basis, deposit-commission basis, or similar basis, in any place other than in a permanent retail establishment; or
- selling, or soliciting the sale of, consumer products or services in any place other than in a permanent retail establishment;
- when substantially all the remuneration, whether or not paid in cash, for the performance of the services is directly related to sales or other output, including the performance of services, rather than the number of hours worked; and
- when the services performed by the person are performed pursuant to a written contract and the contract provides that the person who performs the services will not be treated as an employee for tax purposes under the contract.
- in the trade or business of:
