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Indiana Department of Labor

DOL > Wage & Hour > Wage & Hour FAQs Wage & Hour FAQs

  1. Wages
  2. Hours
  3. Common Construction Wage
  4. Other Helpful Links

Wages

Minimum Wage

Q: Is my employer required to pay minimum wage or overtime?
A: Most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law.

For more information on differences between Federal and Indiana State Minimum Wage, please visit http://www.in.gov/dol/files/Explanation_of_Minimum_Wage.pdf .

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Q: If I am a waiter or waitress and earn tips, is my employer still required to pay me minimum wage?
A: Tipped employees must be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. If the employee earns more than the minimum wage after adding the tips he/she received to the hourly wage of $2.13 an hour, the employer has fulfilled his/her obligation. A tipped employee means any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.

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Overtime

Q: Is my employer required to pay minimum wage or overtime?
A: Most Indiana employers and employees are covered by the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA); however those not covered under federal law may still be covered by the Indiana Minimum Wage Law. For more information on differences between Federal and Indiana State Minimum Wage, please visit http://www.in.gov/dol/files/Explanation_of_Minimum_Wage.pdf .

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Q: What is the overtime law?
A: Both the federal Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law generally require employers to pay employees 1½ times their regular rate of pay (“overtime compensation”) when employees work more that forty (40) hours during a work week. However, there are many exceptions to the overtime pay requirements of both federal and state law. Most of the exceptions to Indiana state law can be found at http://www.in.gov/legislative/ic/code/title22/ar2/ch2.html . Overtime claims should be made directly to the federal U.S. Department of Labor, Wage and Hour Division at the nearest regional office, or at the Indianapolis District Office. If you have specific questions, contact the U.S. Department of Labor at (317) 226-6801 or the Indiana Department of Labor at (317) 232-2655.

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Q: Can my employer force me to work overtime?
A: Generally, yes. Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. The employee may be required to work longer or later hours. In general, there are no laws that define how much notice must be given to the employee or how many hours an employee may work in one shift. Some industries, such as transportation and trucking, may have different safety rules that would require hour limits.

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Q: Do I get paid overtime if I work more than 8 hours in a day?
A: Typically, no. Federal and state overtime laws only require payment of overtime when an employee works more than 40 hours in a work week. Some collective bargaining agreements and/or contracts will, however, state that the employee must be paid one and one half times his/her regular rate of pay when working more than 8 hours in a day. This is set on a company-by-company basis, but is not a requirement under state or federal law.

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Q: Can minors (under 18 years of age) be paid less than minimum wage?
A: Employees under 20 years of age may be paid a "training wage" of no less than $4.25 per hour for the first 90 consecutive days of work. After 90 days, the minor must be paid minimum wage. It is unlawful to terminate a minor's employment to avoid having to pay the full minimum wage.

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Tipped Employees

Q: If I am a waiter or waitress and earn tips, is my employer still required to pay me minimum wage?
A: Tipped employees must be paid at least the minimum wage. The employer is required to pay a base hourly wage of $2.13 an hour. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. If the employee earns more than the minimum wage after adding the tips he/she received to the hourly wage of $2.13 an hour, the employer has fulfilled his/her obligation. A tipped employee means any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.

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Q: Can my employer collect my tips and then distribute them out to other employees?
A: In many cases, yes. This is called "tip pooling" or "tip sharing." Employers may require that tips/gratuities be pooled and distributed among certain employees (usually the front of the house only) as a mechanism for ensuring that gratuities are shared by all employees in the chain of customer service. A “gratuity” is defined in the Labor Code as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons. Tip pools, whether voluntary or mandatory, are permitted for restaurant employees as long as:

  • Tip pool participants are limited to those employees who contribute to the chain of service bargained for by the patron;
  • No employer or agent of the employer takes or receives any part of the tips intended for employees; and
  • The tips are distributed among the pool participants in a fair and reasonable manner.

Directly obtaining tips for redistribution is not required, nor is having a written agreement or written policy.

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Underpayment/Non-payment of Wages

Q: I didn’t get paid. What can I do?
A: First, ask your employer why you haven’t received your paycheck and document any reason the employer gives for not paying you. If the employer refuses to give you your paycheck, you can file an Application for Wage Claim with the Indiana Department of Labor or consult a private attorney about your rights and how you should proceed. Employees who have been involuntarily separated from employment (laid off or fired) must file a wage claim with the Indiana Department of Labor before proceeding to file a civil lawsuit to recover wages. An employee who is still employed or separates from employment voluntarily (quits) may either file a wage claim or file a private lawsuit to seek recovery of wages. The Indiana wage claim form may be completed online at http://www.in.gov/dol/2734.htm, by visiting the Indiana Department of Labor office or by printing the form from the Indiana Department of Labor website. Please read all instructions and information provided with the form. This form must be completed in its entirety and printed forms must be returned to the address shown in the upper right corner of the form.

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Q: Is there a limit to the amount of a wage claim the Department of Labor will accept?
A: Yes, the minimum amount is $30 and the maximum amount is $6,000. Indiana law establishes these limits. If you believe you are owed more than $6,000 in wages, you should consult a private attorney about your rights and how you should proceed.

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Q: How long does it take to resolve a wage dispute (wage claim)?
A: The actual time required may vary, depending upon the parties’ cooperation and the volume of claims filed. Most wage claims are processed in under 90 days. Filing a wage claim does not guarantee payment.

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Q: When is an employee’s final paycheck due?
A: Final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

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Q: Can an employer change an employee’s rate of pay?
A: Unless covered by a collective bargaining agreement or other form of pay guarantee, an employer can change an employee's rate of pay as long as the reduction does not bring an employee's wage below the applicable federal or state minimum wage. The employer should notify the affected employee prior to his/her working at the reduced rate. The employee has the right to accept the lower wage rate or quit.

If you have already performed work without first being notified of the reduction, you could file a claim for wages for the difference in wages for work performed prior to the notification or seek private legal counsel.

If you have further questions, e-mail the Indiana Department of Labor, Wage and Hour Division at customerservice@dol.in.gov .

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Deductions

Q: Can an employer fine an employee and take it out of his or her paycheck?
A: No. An employer is not permitted under Indiana law to fine an employee and deduct the amount from his/her pay. After an employee receives his/her full check, however, an employer may ask an employee to pay him/her back for loans, goods or services rendered to the employee or for damage to company property. An employer may terminate an employee and/or file a lawsuit for failure to repay these types of debts.

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Q: If I am overpaid, can my employer deduct the amount of the overpayment from my paycheck?
A: Indiana law permits employers to deduct the amount of overpayment from an employee's paycheck. However, the employer must notify you in advance and there is a limit to the amount that can be deducted from each paycheck.

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Q: Can my employer make deductions from my paycheck?
A: Indiana law requires three conditions to be met in order for a wage deduction to be valid:

  1. The agreement for the deduction must be in writing, signed by the employee, by its terms revocable at any time by the employee upon written notice, and agreed to in writing by the employer.
  2. A copy of the deduction agreement must be delivered to the employer within ten days of its execution.
  3. Only certain categories of deductions are allowed, including:
    • premiums on an insurance policy obtained for the employee by the employer;
    • contributions to a charitable organization;
    • purchase price of bonds, securities or stock of the employing company;
    • labor union dues;
    • purchase price of merchandise sold by the employer to the employee;
    • amount of loan made to the employee by the employer;
    • contributions of the employee to a hospital service or medical expense plan;
    • and payment to an employee's direct deposit account.

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Q: Can my employer deduct the cost of uniforms from my paycheck?
A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's paycheck. However, it does allow employers to deduct the purchase price of merchandise sold by the employer to an employee if it is at the request of the employee. With this said, if the uniform is optional and the employee makes a written request for the deduction, the cost may be deducted from the employees wages.

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Fringe Benefits

Q: How do I know if I qualify for Family Medical Leave?
A: Covered employers are required to post a notice explaining the rights and responsibilities under the federal Family Medical Leave Act (FMLA) and general written information about employee rights and obligations. For further information, contact the U.S. Department of Labor at:

  • Indianapolis District Office
    US Dept. of Labor
    ESA Wage and Hour Division
    U.S. Courthouse
    46 E. Ohio Street
    Room 413
    Indianapolis, IN 46204
    Phone: (317) 226-6801
    http://www.dol.gov

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Q: Is my employer required to pay me for sick days, personal days and holidays?
A: No. Indiana law only requires that employers must pay employees for actual time worked. As a result, employers are not required to pay for sick days, personal days, or holidays.

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Q: Is my employer required to provide me with fringe benefits (i.e. insurance, sick days, vacation days, retirement, 401k, etc.)?
A: Generally, there are no laws that require an employer to provide any employees with fringe benefits, such as vacations, sick leave, health insurance, pensions or profit-sharing plans. But if the employer does provide those benefits, an employee cannot be denied benefits or receive lower benefits because of his or her age, disability, race, color, sex, national origin, or religion.

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Payroll Practices

Q: Can an employer change an employee’s rate of pay?
A: Unless covered by a collective bargaining agreement or other form of pay guarantee, an employer can change an employee's rate of pay as long as the reduction does not bring an employee's wage below the applicable federal or state minimum wage. The employer must notify the affected employee prior to his/her working at the reduced rate. The employee has the right to accept the lower wage rate or quit.

If you have already performed work without first being notified of the reduction, you could file a claim for wages for the difference in wages for work performed prior to the notification. If you have further questions, e-mail the Indiana Department of Labor, Wage and Hour Division at customerservice@dol.in.gov .

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Q: When I leave my employment, is my former employer required to pay me for any accrued vacation time?
A: Accrued vacation pay is considered a form of compensation. An employee may be entitled to a pro rata share of his/her accrued vacation at the time of termination. If there is a company policy or employment contract stipulating that certain conditions must be met before accrued vacation pay will be paid, these conditions must be met in order to receive accrued vacation pay. Vacation policies are generally left to the discretion of the employer.

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Q: Does my employer have to pay me for mandatory meetings?
A: Generally, yes. An employer must compensate employees for time spent on the job when the employee is subject to the employer's control and direction.

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Q: Is my employer required to pay me for sick days, personal days and holidays?
A: No. Indiana law only requires that employers must pay employees for actual time worked. As a result, employers are not required to pay for sick days, personal days, or holidays.

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Q: How can I determine if I am an employee or an independent contractor?
A: Correctly determining whether a worker is an employee or an independent contractor is an important matter and misclassification can have serious consequences. It can affect whether a worker is protected by several workplace laws covering minimum wage and overtime, safety and health, illegal discrimination, etc. It can also affect the tax liability of the worker and whether the worker is covered by insurance in case of accident or injury. If you are unsure whether you are an employee or an independent contractor you may want to contact the Internal Revenue Service and request Form SS-8. Complete the form and return it to the Internal Revenue Service at the address listed on the form. Based on the information provided, they will make a determination as to your status as an employee or independent contractor. You may contact the IRS at (800) 829-3676 or access their website at http://www.irs.gov/ . You may also want to consult a knowledgeable attorney about your employment status.

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Q: Can an employer require an electronic direct deposit?
A: Yes. Indiana Code § 22-2-5-1(a) states, “Every person, firm, corporation, limited liability company, or association, their trustees, lessees, or receivers appointed by any court, doing business in Indiana, shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee. The payment shall be made in lawful money of the United States, by negotiable check, draft, or money order, or by electronic transfer to the financial institution designated by the employee. Any contract in violation of this subsection is void.”

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Q: Do I have to be paid for "on-call" time?
A: Generally, you are only required to be paid for time while you are under the direction and control of your employer. An employee who is required to remain "on-call" at home, or who is allowed to leave a message where he/she can be reached, is not considered to be working while "on-call." However, an employee who is required to remain "on-call" on the employer's premises is considered to be working while "on-call."

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Q: May an employer provide pay statements to its employees electronically?
A: Yes. Indiana Code § 22-2-2-8 requires employers to provide employees with statements of their hours worked, wages paid, and deductions taken from the paycheck. However, the method of provision is not specified. Therefore, in and of itself, an electronic method would not violate Indiana’s wage and hour statutes.

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Hours

Q: When is an employee’s final paycheck due?
A: Final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

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Hours of Work

Q: Can my employer require me to work on holidays?
A: Generally, yes. Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. Some employers will pay twice the employee's rate of pay for working on a holiday as an incentive or benefit to their employees, but this is not required by law. Unless otherwise provided in a collective bargaining agreement or contract, the employee is only entitled to his or her regular rate of pay for working a holiday. If an employee is overtime eligible and works more than 40 hours during the work week, he/she would be compensated at one and one half times his/her regular rate of pay for all time worked past 40 hours.

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Q: My employer has me working two shifts but is only giving me a few hours off in between. Can they do that?
A: Generally, yes. There is no law that requires a certain number of hours between shifts. Some industries, such as transportation and trucking, may have different safety rules that would require a certain number of hours between shifts.

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Q: Can my employer force me to work overtime?
A: Generally, yes. Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. The employee may be required to work longer or later hours. In general, there are no laws that define how much notice must be given to the employee or how many hours an employee may work in one shift. Some industries, such as transportation and trucking, may have different safety rules that would require hour limits.

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Q: Do I get paid overtime if I work more than 8 hours in a day?
A: Typically, no. Federal and state overtime laws only require payment of overtime when an employee works more than 40 hours in a work week. Some collective bargaining agreements and/or contracts will, however, state that the employee must be paid one and one half times his/her regular rate of pay when working more than 8 hours in a day. This is set on a company-by-company basis, but is not a requirement under state or federal law.

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Q: Can my employer send me home early from a shift? Does he/she have to pay me for it?
A: Absent a collective bargaining agreement or contract stating otherwise, employers are free to set their work hour policies at their own discretion. If the employer determines he does not need you to complete your shift, he/she may ask you to leave early. Under the wage and hour statutes, an employee is only required to be paid for hours he/she actually worked.

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Mandatory Overtime

Q: Can my employer force me to work overtime?
A: Generally, yes. Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. The employee may be required to work longer or later hours. In general, there are no laws that define how much notice must be given to the employee or how many hours an employee may work in one shift. Some industries, such as transportation and trucking, may have different safety rules that would require hour limits.

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Q: Can my employer require me to work on holidays?
A: Generally, yes. Absent a collective bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. Some employers will pay twice the employee's rate of pay for working on a holiday as an incentive or benefit to their employees, but this is not required by law. Unless otherwise provided in a collective bargaining agreement or contract, the employee is only entitled to his or her regular rate of pay for working a holiday. If an employee is overtime eligible and works more than 40 hours during the work week, he/she would be compensated at one and one half times his/her regular rate of pay for all time worked past 40 hours.

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Q: Does my employer have to pay me extra for working on a Saturday/Sunday/Holiday?
A: Some employers will pay twice the employee's rate of pay for working on a Saturday, Sunday or holiday as an incentive or benefit to their employees, but this is not required by law. Unless otherwise provided in a collective bargaining agreement or contract, the employee is only entitled to his or her regular rate of pay for working a holiday. If an employee is overtime eligible and works more than 40 hours during the work week, he/she would be compensated at one and one half times his/her regular rate of pay for all time worked past 40 hours.

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Discipline/Suspension/Termination

Q: Can my employer terminate me for no reason?
A: Generally, yes. In the absence of a collective bargaining agreement or contract providing otherwise, Indiana employers may hire, fire, promote, demote, layoff, suspend, set their own work hours and policies at their discretion. Employers may not discriminate against their employees because of their age, sex, race, religion, national origin, or disability.

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Q: Can I be fired even if I have a doctor's note?
A: Generally, yes. Indiana employers may hire, fire, promote, demote, layoff, suspend, set their own work hours and policies at their discretion. The federal Family and Medical Leave Act, however, offers some protection for employees taking time off for illness. If you have questions concerning Family and Medical Leave and whether it applies, please contact the U.S. Department of Labor, Wage and Hour Division in Indianapolis at (317) 226-6801.

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Q: Can I do anything about untrue statements that my former employer has made about me to a potential employer?
A: Indiana has a Blacklisting law which permits employers to disclose only truthful facts about an employee's termination. If you believe your former employer has made untrue statements about you, you must request copies of any written correspondence from a former employer to a potential employer within 30 days of applying for a job with the potential employer. You may wish to consult a private attorney about any remedies for violation of the Blacklisting law.

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Breaks/Lunches

Q: Are employers required to provide breaks to employees?
A: Indiana state law does not generally require employers to provide rest breaks, meal breaks, or breaks for other purposes to adult employees. Minor employees (under 18 years of age) who work six or more hours in a shift must be given one or two breaks totaling at least 30 minutes. These breaks may be taken at any point during the minor's shift. Indiana Administrative Code 610 IAC 10-3-1 requires break logs to be maintained by the employer to document all breaks provided to minor employees.

Certain other categories of workers, such as airline pilots, truck drivers, and workers covered by a union collective bargaining agreement may be entitled to mandatory breaks under other applicable regulations or by contract. Check with the appropriate regulatory agency or with your union representative.

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Vacation

Q: Can my employer mandate when I use my vacation time?
A: Yes. Vacation time is considered a fringe benefit and is up to the discretion of the employer.

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Q: Is my employer required to pay me for sick days, personal days and holidays?
A: No. Indiana law only requires that employers must pay employees for actual time worked. As a result, employers are not required to pay for sick days, personal days, or holidays.

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Common Construction Wage

Application of the Law

Q: Does the Common Construction Wage Act apply to my project?
A: Effective January 1, 2012, if your project is valued at over $250,000, is being awarded by a state or local government entity and is paid for using state or local funding, Common Construction Wage would likely apply. The minimum value increases to $350,000 on January 1, 2013. To view the full Common Construction Wage Act, please visit http://www.in.gov/legislative/ic/code/title5/ar16/ch7.html .

If the project receives any federal funding and there is no expressly written agreement or statute that mandates that Common Construction Wage applies, the project would likely fall under the federal Davis-Bacon Act and require use of the federal Davis-Bacon Scale. For more information about the Davis-Bacon Act, please visit http://www.dol.gov/whd/govcontracts/dbra.htm .

If you are ever uncertain as to if a project is covered by the Common Construction Wage Act, please consult with your agency's legal counsel and/or contact the Indiana Department of Labor by phone at (317) 232-2655 or by e-mail at ccw@dol.in.gov .

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Q: Can I use a scale that was adopted more than three months ago for my project?
A: If the project is covered by Indiana's Common Construction Wage Act, no. Common Construction Wages are valid for all projects awarded within three consecutive months of the scale's adoption. If a project will be awarded after the three-month period, a new hearing would be required. The wage scale must be adopted at least two weeks prior to the bid-award date for the project.

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Q: My project is being paid for through a grant. Does Common Construction Wage apply?
A: Effective January 1, 2012, if your project is valued at over $250,000, is being awarded by a state or local government entity and is paid for using state or local funding, Common Construction Wage would likely apply. The minimum value increases to $350,000 on January 1, 2013. To view the full Common Construction Wage Act, please visit http://www.in.gov/legislative/ic/code/title5/ar16/ch7.html .If the project receives any federal funding and there is no expressly written agreement or statute that mandates that Common Construction Wage applies, the project would likely be covered by the federal Davis-Bacon Act and require use of the federal Davis-Bacon Scale. For more information about the Davis-Bacon Act, please visit http://www.dol.gov/whd/govcontracts/dbra.htm .If you are ever uncertain as to if a project is covered by the Common Construction Wage Act, please consult with your agency's legal counsel and/or contact the Indiana Department of Labor by phone at (317) 232-2655 or by e-mail at ccw@dol.in.gov .

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Q: My project is paid for by the federal government. Do I need to hold a Common Construction Wage hearing?
A: Absent a written agreement with the granting agency or a statute to the contrary, projects receiving federal money are not covered by the Common Construction Wage Act. These projects would likely be covered by the federal Davis-Bacon Act and require use of the federal Davis-Bacon Scale. For more information about the Davis-Bacon Act, please visit http://www.dol.gov/whd/govcontracts/dbra.htm .

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Q: We have projects coming up that are valued at less than $250,000. Do they require a Common Construction Wage scale?
A: Typically, no. Effective January 1, 2012, only projects valued over $250,000 that are being awarded by a state or local government entity and are paid for using state or local funding apply to the Common Construction Wage Act. The minimum value increases to $350,000 on January 1, 2013. To view the full Common Construction Wage Act, please visit http://www.in.gov/legislative/ic/code/title5/ar16/ch7.html .

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Q: We are setting Common Construction Wages for a project that crosses into multiple counties. How do we set up the hearing?
A: If a project crosses into multiple counties, a separate hearing must be held, and a scale must be adopted, in each county where construction will take place.

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Q: How long is a wage scale valid after it has been adopted?
A: Wage scales are no longer set on a per-project basis. Instead, wage scales are valid for all applicable projects awarded by the Awarding Agency within three (3) consecutive months from the date of the scale's adoption. If a project is to be awarded after the scale is adopted, a new hearing should be convened and a new scale should be adopted.

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Q: What if our project lasts longer than 3 months. Do we need to adopt a new wage scale?
A: Unless the project is being bid in phases or individual contracts, no. The wages adopted are valid for the entirety of a project that is awarded within three (3) months of the scale's adoption.

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Q: How is a Common Construction Wage scale compiled?
A: By statute, a wage scale must list each classification of labor (occupation) that would be necessary to complete a construction project. Since these scales are valid for all projects awarded within three months, a scale should have as many classifications of labor as possible to cover any projects that may come up. Wage rates for skilled, semiskilled and unskilled employees should be identified for each classification of labor. Later case law also defined that a fringe benefit amount for each skill level should be included as well. A basic scale should follow this sample format:

Classification Skill Level Hourly Wage Hourly Fringe
Carpenter Skilled $20.00 $3.00
Semiskilled $15.00 $3.00
Unskilled $10.00 $3.00

The hourly wages and hourly fringes for each classification and level of job skill should be the "common" wage paid in the project county. "Common" was defined by the Union Township School Corp. v. State ex rel. Joyce, 706 N.E.2d 183, 191 (Ind.Ct.App.1998) as being the mathematical mode of the wages paid in the county. The mode is the number that appears most often in a sample set of numbers. In this instance, it would be the wage rate that is paid most frequently in the county. It is not an average of the county's wages.

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Q: We would like to create our own wage scale. How do we do it?
A: By statute, a wage scale must list each classification of labor (occupation) that would be necessary to complete a construction project. Since these scales are valid for all projects awarded within three months, a scale should have as many classifications of labor as possible to cover any projects that may come up. Wage rates for skilled, semiskilled and unskilled employees should be identified for each classification of labor. Later case law also defined that a fringe benefit amount for each skill level should be included as well. A basic scale should follow this sample format:

Classification Skill Level Hourly Wage Hourly Fringe
Carpenter Skilled $20.00 $3.00
Semiskilled $15.00 $3.00
Unskilled $10.00 $3.00

The hourly wages and hourly fringes for each classification and level of job skill should be the "common" wage paid in the project county. "Common" was defined by the Union Township School Corp. v. State ex rel. Joyce, 706 N.E.2d 183, 191 (Ind.Ct.App.1998) as being the mathematical mode of the wages paid in the county. The mode is the number that appears most often in a sample set of numbers. In this instance, it would be the wage rate that is paid most frequently in the county. It is not an average of the county's wages.

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Q: What is the "mathematical mode?"
A: "Mode" is a mathematical term for the number that appears most often in a list of numbers. The following list of numbers provides a good example:

1, 2, 3, 3, 3, 3, 4, 5

In this list, the numbers 1, 2, 3, 4 and 5 are all present. The number three, however, shows up four (4) times--more often than any other number in the list. When used in the context of Common Construction Wage, case law has defined the term "common" as the most frequently occurring wage in a county, or the mathematical mode.

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Q: What is an "Awarding Agency?"
A: The Awarding Agency is the government agency that is awarding the construction contract.

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Q: Who can present a scale and/or wage data at a Common Construction Wage hearing?
A: Anyone may present wage information at a Common Construction Wage hearing. Scales and data do not have to be presented by a committee member. These are public hearings where anyone may attend and offer information. Committees do not have to consider information that is not presented during the hearing.

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Scheduling a Hearing

Q: How do I set up a Common Construction Wage Hearing?
A: The Indiana Department of Labor is happy to assist with setting up Common Construction Wage Hearings. As a courtesy, we will notify your agency's appointees to the committee as well as the AFL-CIO and Associated Builders and Contractors representatives. We will also notify any media outlets that have requested notice of hearings held by your agency. For more information and to download a copy of our Sample Request Letter, please visit http://www.in.gov/dol/2723.htm .

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Q: How is the Awarding Agency/Industry Representative appointed?
A: The Awarding Agency/Industry Representative can be anyone that the Awarding Agency would like to send on their behalf to the hearing. The Indiana Department of Labor typically recommends that this person have some familiarity with the project(s) to be discussed.

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Q: How is the Awarding Agency Taxpayer appointed?
A: This representative is appointed by the Awarding Agency, but must reside in the county where the project will be constructed. This appointee should also pay taxes that go toward the project(s) discussed. If the project crosses county lines, then two hearings will be required, one to be held in each county. Each county will need to have a separate Awarding Agency Taxpayer.

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Q: Who appoints the County Legislative Body Representative?
A: The County Legislative Body Representative is appointed by the county legislative body of the county in which the project will be constructed. In most Hoosier counties, this is the County Commissioners. In St. Joseph county it is the County Council and in Marion County it is the City-County Council. This appointee must reside in the county where the project is being constructed and must pay the tax that will fund the project. The Indiana Department of Labor cannot make this appointment. It must be made by the County Legislative Body.

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Q: How is the State Federation of Labor/AFL-CIO Representative appointed?
A: The State Federation of Labor/AFL-CIO Representative is appointed by the president of the State Federation of Labor.

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Q: How is the Associated Builders and Contractors (ABC) representative appointed?
A: The Associated Builders and Contractors (ABC) representative is appointed by the president of the Associated Builders and Contractors.

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Q: How much notice must committee members and the media receive when scheduling a Common Construction Wage Hearing?
A: Committee members, media outlets and the public must receive at least 48 hours notice of a Common Construction Wage hearing.

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Q: I'm sending in a request for a Common Construction Wage hearing. When will my hearing be held?
A: The Indiana Department of Labor schedules all wage hearings in accordance with our "Once-a-Month" schedule. To view this schedule, please visit http://www.in.gov/dol/2723.htm . The actual time of the hearing will be set approximately five (5) days prior to the date of the hearing.

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Q: We are up against a tight deadline and cannot hold a hearing on the "Once-a-Month" schedule date. How do we proceed?
A: An Awarding Agency may set up its own hearing independent from the Indiana Department of Labor's "Once-a-Month" schedule. For more information on how to set up a hearing, please contact the Indiana Department of Labor, Wage and Hour Division by phone at (317) 232-2655 or by e-mail at ccw@dol.in.gov . If a hearing is held outside of our "Once-a-Month" schedule, the Indiana Department of Labor's Common Construction Wage Hearing Officer will likely not be able to attend.

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Q: Our agency is awarding bids for a project next week. We just realized we need to set a Common Construction Wage Scale. Can we hold a hearing in time to keep our bidding deadline.
A: No. A Common Construction Wage scale must be adopted at least two-weeks prior to the date of the bid letting (award).

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Q: Who do I contact with questions about setting up a hearing?
A: You may contact the Indiana Department of Labor Wage and Hour Division and ask to speak to the Common Construction Wage Hearing Officer. We may be reached by phone at (317) 232-2655 or by e-mail at ccw@dol.in.gov .

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Q: Who can present a scale and/or wage data at a Common Construction Wage hearing?
A: Anyone may present wage information at a Common Construction Wage hearing. Scales and data do not have to be presented by a committee member. These are public hearings where anyone may attend and offer information. Committees do not have to consider information that is not presented during the hearing.

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Q: Our committee feels that none of the wage information we have received truly reflects the "common" wage in this county. What do we do?
A: If a committee is properly convened but fails to act (no motions are made, no seconds are made or all votes end in a tie), the Awarding Agency may, by statute, determine the wages that will be paid on the project(s).

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Q: What is an "Awarding Agency?"
A: The Awarding Agency is the government agency that is awarding the construction contract.

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Hearing Procedures

Q: What is the "mathematical mode?"
A: "Mode" is a mathematical term for the number that appears most often in a list of numbers. The following list of numbers provides a good example:

1, 2, 3, 3, 3, 3, 4, 5

In this list, the numbers 1, 2, 3, 4 and 5 are all present. The number three, however, shows up four (4) times--more often than any other number in the list. When used in the context of Common Construction Wage, case law has defined the term "common" as the most frequently occurring wage in a county, or the mathematical mode.

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Q: How many committee members must be present to have a quorum?
A: Of the five-person Common Construction Wage committee, at least three members must be present to conduct business.

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Q: How much notice must committee members and the media receive when scheduling a Common Construction Wage Hearing?
A: Committee members, media outlets and the public must receive at least 48 hours notice of a Common Construction Wage hearing.

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Q: Why is the Governor's Representative no longer on the committee?
A: The Common Construction Wage Act was changed effective July 1, 2011. With this change in statute, the position on the committee formerly occupied by the Governor's Representative was changed to a representative from the Associated Builders and Contractors.

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Q: If the Governor's Representative no longer votes, why does the Indiana Department of Labor still attend hearings?
A: The Indiana Department of Labor will continue to schedule and facilitate hearings behind the scenes, as well as serving as a resource to the committee during the hearing. We take notes for public record, offer clarification on complicated issues and maintain an online database of the adopted wage scales.

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Q: Why is the Indiana Department of Labor calling in to some hearings by speakerphone?
A: The Indiana Department of Labor continues to serve as a resource to the committee both in the scheduling phase and in the hearing itself. We determined that, by participating in hearings via speakerphone, we may continue to fulfill both of these functions with greater efficiency. We are spending less money on fuel and vehicle expenses and our Common Construction Wage Hearing Officer is not spending valuable working hours driving long distances.

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Q: Who can present a scale and/or wage data at a Common Construction Wage hearing?
A: Anyone may present wage information at a Common Construction Wage hearing. Scales and data do not have to be presented by a committee member. These are public hearings where anyone may attend and offer information. Committees do not have to consider information that is not presented during the hearing.

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Q: Our committee feels that none of the wage information we have received truly reflects the "common" wage in this county. What do we do?
A: If a committee is properly convened but fails to act (no motions are made, no seconds are made or all votes end in a tie), the Awarding Agency may, by statute, determine the wages that will be paid on the project(s).

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Enforcement

Q: How long is a wage scale valid after it has been adopted?
A: Wage scales are no longer set on a per-project basis. Instead, wage scales are valid for all applicable projects awarded by the Awarding Agency within three (3) consecutive months from the date of the scale's adoption. If a project is to be awarded after the scale is adopted, a new hearing should be convened and a new scale should be adopted.

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Q: What if our project lasts longer than 3 months. Do we need to adopt a new wage scale?
A: Unless the project is being bid in phases or individual contracts, no. The wages adopted are valid for the entirety of a project that is awarded within three (3) months of the scale's adoption.

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Other Helpful Links

Unemployment

Q: Who do I contact with questions about unemployment compensation or unemployment insurance?
A: The Department of Workforce Development (DWD) is the regulatory agency that deals with unemployment and unemployment related issues. For all unemployment questions, please contact the DWD by phone at (800) 891-6499 or visit their website at www.in.gov/dwd .

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Workers Compensation

Q: Who do I contact with questions about Workers Compensation issues?
A: The Worker's Compensation Board is the regulatory agency that deals with all issues related to Worker's Compensation. For all questions related to Worker's Compensation, please contact the Workers Compensation Board by phone at (800) 824-COMP or visit their website at http://www.in.gov/wcb/ .

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Federal Overtime/Minimum Wage Issues

Q: Who do I contact with questions about federal minimum wage or overtime issues?
A: Questions concerning federal Minimum Wage and Overtime should be directed to the United States Department of Labor. They may be contacted by phone at (317) 226-6801.

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Discrimination

Q: I feel as if my employer is discriminating against me. What can I do?
A: It is unlawful for an employer to discriminate based upon age, race, color, gender, disability, religion or country of national origin. If you feel your employer is discriminating for any of these reasons, you may wish to contact the Indiana Civil Rights Commission at (317) 232-2600.

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Family Medical Leave (FML)

Q: How do I know if I qualify for Family Medical Leave?
A: Covered employers are required to post a notice explaining the rights and responsibilities under the federal Family Medical Leave Act (FMLA) and general written information about employee rights and obligations. For further information, contact the U.S. Department of Labor at:

  • Indianapolis District Office
    US Dept. of Labor
    ESA Wage and Hour Division
    U.S. Courthouse
    46 E. Ohio Street
    Room 413
    Indianapolis, IN 46204
    Phone: (317) 226-6801
    http://www.dol.gov

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Q: Who do I contact with questions about Family Medical Leave (FML)?
A: Questions concerning Family Medical Leave (FML) should be directed to the United States Department of Labor. They may be contacted by phone at (317) 226-6801.

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