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Women are
51%
more likely to
live in poverty
than white men in
Indiana
Single-woman led households are at the
highest risk
of poverty in
Indiana
In
Indiana
, women earn
$0.74
for every dollar a white man makes
Women in
Indiana
are
70%
more likely to earn
minimum wage
than white men
Women in
Indiana
are
82%
more likely to earn a
tipped wage
than white men
In
Indiana
, at least
70%
of women are essential to the financial security of their household
Indiana’s minimum wage law requires equal pay on the basis of sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions for employers with 2 or more employees.[1]
o Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system; a merit system; system which measures earnings by quantity or quality of production; or a differential based on any other factor other than sex.[2]
o Retaliation: Indiana law prohibits retaliation because an employee has instituted or participated in the institution of an action to recover wages, or demanded payment, under Indiana’s equal pay act.[3]
[1] Ind. Code Ann. § 22-2-2-4.
[2] Ind. Code Ann. § 22-2-2-4.
[3] Ind. Code Ann. § 22-2-2-11.
No. Indiana’s mirrors the federal Equal Pay Act.
No. Indiana does not mandate any form of employer pay disclosure.
No. Indiana does not prohibit the use of salary history in hiring and setting pay.
No. Indiana law does not include protection for employees’ pay discussions. However, under federal law, private sector employees generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Indiana law does not require employers to collect, report, or assess gender-based pay data.
No, the Indiana state minimum wage is the same as the Federal minimum wage, which is $7.25/hr.[1] Localities are prohibited from establishing a minimum wage higher than the Indiana state minimum wage.[2] Employees receiving less than minimum wage are entitled to their amount of unpaid minimum wages and an equal amount as liquidated damages.[3] Retaliation against an employee for bringing a minimum wage claim is also prohibited.[4]
[1] Ind. Code Ann. § 22-2-2-4; 29 U.S.C. § 206.
[2] Ind. Code Ann. § 22-2-2-10.5.
[3] Ind. Code Ann. § 22-2-2-9.
[4] Ind. Code Ann. § 22-2-2-11.
No. Employers can pay tipped employees the federal tipped minimum of $2.13/hr if the employee receives at least $5.12/hr in tips.[1]
[1] Ind. Code. Ann. § 22-2-2-4.
Yes. Employers are required to pay most employees at least semi-monthly or biweekly if requested by the employee.[1]
[1] Ind. Code. Ann. § 22-2-2-5-1.
Yes. Every pay period, employers must provide a statement including the employee’s hours worked, wages paid, and deductions made.[1]
[1] Ind. Code. Ann. § 22-2-2-8.
Yes. Indiana’s overtime law requires employers to provide time and a half to nonexempt employees for any time worked beyond 40 hours in a workweek.[1]
[1] Ind. Code. Ann. § 22-2-2-4.
Yes. In a lawsuit for wage theft, an employer is liable for the amount of unpaid wages, attorney fees and court costs, and in cases where the employer was not acting in good faith, liquidated damages of two times the amount of damages owed.[1]
[1] Ind. Code Ann. § 22-2-5-2.
