Indiana Overtime and Meal & Rest Break Laws for Nurses

Under Indiana Code (Annotated) section 22-2-2-4(j), employees are entitled to time and one-half after clocking 40 hours in one workweek. Identical to the federal statute, Indiana defines the “workweek” as seven consecutive workdays including weekends. Indiana also adheres to specific provisions of the federal Fair Labor Standards Act (FLSA) which pertains to employment and labor law. Certain exemptions found in the FLSA may apply to preclude a worker from protections under the Indiana code section. In addition, collective bargaining agreements between workers and their superiors may have different, more expansive, overtime provisions.

Indiana law does not specifically address meal and rest breaks in its labor and employment code. As such, the provisions found within the FLSA will dictate the employment relationship and whether breaks are required. At this time, the FLSA does not require employers to provide meal or rest breaks to employees. If an employer chooses to provide short rest breaks, they are to be compensable and not docked from the employee’s pay. Meal breaks are generally unpaid and last at least 30 minutes. An employer is under no duty to provide meal breaks under FLSA standards and may even require a worker to eat while on duty.
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