The Patchwork Quilt of Worker Breaks in Indiana: A Lawyer’s Guide to Your Real Rights

I’ll never forget a man I’ll call David.

It was early in my career as an Indiana employment lawyer, and he came to my office looking both defeated and defiant.

David was a dedicated machine operator at a non-union factory in the central part of the state, the kind of employee any company would want—reliable, skilled, and proud of his work.

One afternoon, after he’d already put in his standard eight hours, his supervisor told him he had to stay for another four-hour stretch to meet a production deadline.

David agreed, but he had one simple request.

He asked if he could take a 30-minute unpaid break to eat the sandwich his wife had packed for him.

The supervisor’s response was blunt: “We don’t do that here.”

David, believing this had to be illegal, insisted.

He knew his rights, he thought.

An hour later, he was called into the manager’s office and fired on the spot for insubordination.

He came to me to fight back, certain that justice was on his side.

The hardest thing I had to do that week was tell David that what his employer did was completely legal.

That case was a painful professional epiphany for me.

It taught me that when it comes to workplace breaks, Indiana law isn’t the solid, uniform safety net most people assume it Is. Instead, it’s a patchwork quilt.

The vast majority of the quilt is a plain, unadorned fabric that offers no protection at all for most workers.

But sewn into that plain background are a few distinct, vibrant, and powerful patches of protection.

Your rights—whether you have any, and how strong they are—depend entirely on whether you are standing on one of those specific patches.

This guide is my attempt to give you a map of that quilt.

It’s the knowledge I wish David had before he walked into that factory for the last time.

It’s designed to help you understand where you stand, what you are truly entitled to, and how to protect yourself in a state where the rules are not what they seem.

To give you a clear picture from the start, here is a quick guide to the entire quilt at a glance.

Table 1: Quick Guide to Indiana Break Laws at a Glance

Employee Category	Required Meal/Rest Breaks?	Pay Requirements for Breaks	Key Governing Laws
Adult Employees (18+)	No. Breaks are at the employer’s discretion.1	If offered, short breaks (<20 min) must be paid. Meal periods (30+ min) can be unpaid if you are relieved of all duties.3	Federal Fair Labor Standards Act (FLSA)
Minor Employees (<18)	Yes. One or two breaks totaling 30 minutes for any shift of 6+ consecutive hours.1	Same as adults. The mandatory 30-minute break can be unpaid if the minor is relieved of all duties.6	Indiana Teen Break Law (IC 20-33-3)
Nursing Mothers	Yes. “Reasonable break time” to express milk for up to one year after the child’s birth.7	Indiana law requires these breaks to be paid. A private, non-bathroom space must also be provided.9	Indiana Code 22-2-14-2 & Federal PUMP Act

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Part I: The Main Fabric of the Quilt – The Surprising Truth for Most Adult Workers

Let’s start with the largest, plainest part of the quilt—the section that covers the vast majority of working adults in Indiana.

This is where the gap between assumption and reality is widest and most painful.

I need to be unequivocally clear: In Indiana, if you are an employee aged 18 or older and are not covered by a union contract or another specific legal exception, your employer is not legally required to provide you with a meal period or any rest breaks.¹

This statement often comes as a shock.

People have worked their entire lives assuming a 30-minute lunch or a 15-minute coffee break was a guaranteed right.

The reality is that in Indiana, these are often a matter of company policy or custom, not a legal mandate.²

An employer can legally require you to work eight, ten, or even twelve hours straight through without a single structured break.¹²

This was the harsh legal truth that left David without a job.

The Legal Foundation: “At-Will” Employment and Federal Deference

To understand why this is the case, you need to grasp two core concepts of Indiana employment law.

First, Indiana is an “at-will” employment state.

This legal doctrine means that, in the absence of a contract stating otherwise, an employer can terminate an employee for any reason, at any time, with or without notice, as long as the reason is not illegal (e.g., based on race, sex, religion, or another protected characteristic).¹²

Conversely, an employee can also quit for any reason at any time.

This gives employers immense flexibility, including the flexibility not to offer breaks.

It’s a common point of confusion, but “at-will” employment should not be mistaken for “right-to-work.” The term “right-to-work,” which you may hear in political discussions, refers specifically to laws that prevent employees from being forced to join a union as a condition of employment.¹²

While Indiana is a right-to-work state, it is the “at-will” doctrine that more profoundly shapes the day-to-day power dynamic between most employers and employees, including the lack of mandated break times.

Second, on the specific issue of breaks, Indiana state law essentially remains silent and defers to the federal Fair Labor Standards Act (FLSA).¹⁵

The FLSA is the primary federal law governing things like minimum wage and overtime.

However, the FLSA itself does not require employers to provide meal or rest breaks to adult employees.³

Because Indiana has not passed its own law to create a requirement where the federal law has none, the default position is that no requirement exists.

The Real-World Impact: Stories from the Trenches

This isn’t just legal theory; it has a profound and often brutal impact on the lives of Indiana workers.

Online forums and discussions are filled with stories that mirror what I see in my practice.

One person described working a 10-hour shift at a family-owned restaurant with only a single 20-minute break.¹²

Another told of working in food service and almost never getting a break during a nine-hour shift unless business was so slow the company was losing money on labor.¹⁹

Some have learned the hard way that they can be worked for 15 hours, be told to come back in less than four hours, and work another 12-hour shift with no breaks provided.¹³

These experiences foster a culture where rest is seen not as a right or a necessity for safety and productivity, but as a “privilege given by the employer”.²

The law’s silence is not a neutral stance; it is a policy choice that actively contributes to an environment of overwork and burnout.

As one person bleakly summarized the feeling, “They can work you to death in this state with no recourse other than quitting”.¹³

This is the reality on the main fabric of Indiana’s patchwork quilt of labor law.

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Part II: The Federal “If/Then” Clause – When Breaks Are Offered, Pay Is Not Optional

Just because your employer isn’t required to give you a break doesn’t mean there are no rules at all.

This is where we find our first wrinkle in the fabric.

The federal FLSA creates a critical “if/then” proposition: IF an employer chooses to offer breaks, THEN they must follow specific rules about paying for that time.

This is one of the most common areas where employers make mistakes and where employees can find their rights have been violated.

Short Breaks (5-20 Minutes) Are Work Time

The U.S. Department of Labor is very clear on this point: rest periods of short duration, running from 5 to about 20 minutes, are common in industry and promote the efficiency of the employee.

Therefore, they must be counted as hours worked.³

This means if your employer gives you two paid 15-minute breaks during your shift, that time is legally considered part of your workday.

It cannot be deducted from your pay, and it must be included in the total hours you’ve worked in a week for the purpose of calculating overtime.³

If you work a standard 8-hour day with two 15-minute paid breaks and a 30-minute unpaid lunch, your total paid time is 8 hours.

If that same day, you work an extra hour of overtime, your total hours for the day are 9, not 8.5.

Those short breaks count.

“Bona Fide” Meal Periods (30+ Minutes) Can Be Unpaid

The rules are different for longer meal breaks.

The FLSA allows for “bona fide meal periods” to be unpaid.

For a break to qualify as a “bona fide meal period,” two conditions generally have to be met:

1. It must typically be at least 30 minutes long.³
2. The employee must be completely relieved of all duties for the purpose of eating a meal.⁴

This second point—being “completely relieved of duty”—is the legal battleground where many wage disputes are fought.

It is an absolute standard.

If you are required to perform any work, whether active or inactive, while on your “unpaid” lunch, you are legally working and must be paid for that time.

Consider these common examples of violations:

• A receptionist who is required to eat at their desk to cover the phones or sign for deliveries is not completely relieved of duty and must be paid.⁴
• A factory worker who must remain at their machine to watch for problems while eating is working and must be paid.²⁰
• An office worker who is expected to answer emails or a manager who takes calls from their team during their lunch break is not on a bona fide meal period.

You do not have to be allowed to leave the worksite for the break to be unpaid, but you must be completely free from any and all job responsibilities.²⁰

If your employer automatically deducts 30 minutes for lunch from your daily pay but you are regularly working through that time, you are a victim of wage theft.

This principle is at the heart of many wage and hour enforcement actions by the Department of Labor.

Recent cases in Indiana have targeted employers for violations like requiring unpaid pre-shift work or making illegal deductions from pay, which stem from the same fundamental issue: failing to pay employees for all time they are required to be on duty.²¹

The “completely relieved of duty” standard is not a suggestion; it is a bright-line rule with serious financial consequences for employers who ignore it.

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Part III: The First Protected Patch – Absolute Rights for Minor Workers

Now we move from the plain fabric of the quilt to our first vibrant, protected patch.

When it comes to workers under the age of 18, the law speaks with a much clearer and more forceful voice.

For Indiana’s teen workers, breaks are not a privilege; they are a non-negotiable, legally mandated right.

The legal philosophy here is fundamentally different.

For adults, the law is largely permissive—it permits employers to choose whether to offer breaks.

For minors, the law is proscriptive—it prescribes specific rules that employers must follow.

This reflects a judgment by the state that young workers are a special class deserving of explicit protections, as they may not have the experience or bargaining power to advocate for themselves effectively.

The Indiana Teen Break Law (IC 20-33-3)

The core protection is found in what is commonly called the Indiana Teen Break Law.

The rule is simple and direct:

An employer in Indiana must provide a minor employee (under age 18) with one or two breaks totaling at least 30 minutes if that minor is scheduled to work six or more consecutive hours.¹

This can be a single 30-minute break or, for example, two 15-minute breaks.²³

The total break time must be at least 30 minutes.

Furthermore, for meal breaks, the law adds a crucial timing requirement: the break must be given

between the third and fifth hour of work.⁶

This is a critical detail.

It prevents an employer from having a minor work for 5.5 hours and then giving them a “break” for the last 30 minutes of their shift.

The break is intended to be a true rest period during the workday.

These break requirements are just one part of a comprehensive system of child labor laws in Indiana that also place strict limits on the number of hours minors can work per day and per week, and the times of day they are permitted to work, with different rules for school days versus non-school days.⁵

Recent and Upcoming Changes

It is vital for both teen workers and their employers to be aware of recent and upcoming changes to these laws.

A law passed in 2021 streamlined the work permit process, moving to an online Youth Employment System (YES) that employers must use to register minor employees.²⁴

More significantly, effective January 1, 2025, many of the hour and time-of-day restrictions for 16- and 17-year-olds will be relaxed, allowing them to work the same hours as an adult.²⁴

However, it is crucial to understand that

these changes do not affect the Teen Break Law.

The requirement to provide a 30-minute break for any shift of six or more consecutive hours remains firmly in place for all workers under 18.²⁶

This patch on the quilt remains strong and intact.

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Part IV: The Second Protected Patch – Powerful Support for Nursing Mothers

Our second protected patch is perhaps the most robust and dynamic, woven from a powerful combination of state and federal law.

For employees who are nursing mothers, Indiana provides some of the strongest protections in the country, creating a clear set of rights that employers must respect.

A Fusion of State and Federal Power

The protections for lactating employees come from two main sources: the federal PUMP for Nursing Mothers Act (an amendment to the FLSA) and Indiana state law.

When you have overlapping federal and state laws, a simple but powerful principle applies: the employee is entitled to the provisions of whichever law is more generous.¹¹

In the case of nursing mothers in Indiana, this fusion creates a comprehensive set of rights.

The core rights are:

1. Reasonable Break Time: An employee has the right to “reasonable break time” to express breast milk each time they have a need to do so. This protection lasts for one year after the child’s birth.⁷ The law intentionally uses the word “reasonable” to provide flexibility. The frequency and duration of breaks will vary from person to person, but a common need is for two to three breaks during a standard eight-hour workday, with each break lasting 15 to 30 minutes.²⁷ An employer cannot deny a needed break to pump.⁸
2. A Private Space (That Isn’t a Bathroom): The employer must provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.⁷ This space must be functional. While it doesn’t have to be a permanent, dedicated room, it must be available when the employee needs it. Best practices and state guidance suggest the space should have a chair, a small table or flat surface for the pump, an electrical outlet, and be near a sink for washing hands and pump parts.⁹ Indiana law also requires employers with at least 25 employees to make a reasonable effort to provide a refrigerator or other cold storage for the milk.¹⁰

The Indiana Advantage: The Right to PAID Breaks

Here we arrive at the most important part of this protected patch—a “golden” protection that sets Indiana apart.

While the federal PUMP Act establishes the right to time and space, it does not require that the break time be paid.³⁰

However, Indiana Code § 22-2-14-2 and § 5-10-6-2 explicitly require that employers provide reasonable paid break time for an employee to express milk.⁹

Because Indiana’s law is more generous to the employee on the issue of pay, it is the law that governs.

This is a critical piece of information.

There is a significant risk that many employers and employees in Indiana are only familiar with the federal rule and mistakenly believe these breaks can be unpaid.

They cannot.

If you are a nursing employee in Indiana, you have a legal right to be paid for the time you need to pump at work.

This protection is a powerful example of how a specific patch on the quilt can offer rights that are far greater than those available on the main fabric.

But like any right, its power is derived from knowing it exists and being prepared to assert it.

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Part V: Know Your Patch, Know Your Power – A Practical Guide to Action

Understanding the law is the first step.

Turning that knowledge into power requires a practical plan.

If you feel your rights regarding breaks are being violated, or if you simply want to ensure you are being treated fairly, here is a step-by-step guide to follow.

Step 1: Identify Your Patch on the Quilt

Before you do anything else, you must determine where you stand.

Ask yourself:

• Am I an adult employee (18+) not covered by any other exception? If so, your rights are governed by the main fabric and the federal “if/then” rules on pay for breaks that are offered.
• Am I a minor (under 18)? If so, you are standing on the protected patch of the Teen Break Law.
• Am I a nursing mother within one year of my child’s birth? If so, you are on the powerful patch providing paid breaks and a private space.
• Am I a member of a union? If so, your collective bargaining agreement is your primary source of rights and may provide for breaks beyond what the law requires.

Your rights flow directly from this initial determination.

Step 2: Read Your Employee Handbook

An employer is free to create policies that are more generous than what the law requires.³²

Many companies, recognizing that rested employees are safer and more productive, have written policies that guarantee meal and rest breaks for all employees.

If such a policy exists in your employee handbook or employment contract, it can be legally binding.

An employer that violates its own written policy may be in breach of contract.

However, remember that a company policy can never take away a right that is guaranteed to you by law.

It can only add to your protections, not subtract from them.

Step 3: Document Everything

This is the single most important piece of practical advice I can give you.

If you believe your rights are being violated, you must become a meticulous record-keeper.

This documentation is the foundation of any potential claim.

Get a private notebook—one you do not keep at work—and log everything.

For each incident, record:

• Date and Time: The exact date and time the incident occurred.
• What Happened: A detailed, factual account. For example: “Worked from 8:00 AM to 6:30 PM. Asked my supervisor, Jane Smith, for a 30-minute lunch break at 1:00 PM. She said, ‘We are too busy, you have to work through.'”
• Who Was Present: Note any witnesses to the conversation or event.
• Hours and Pay: Keep your own careful records of the hours you work and check your pay stubs to see if you were paid correctly for all time, including any short breaks or work performed during an “unpaid” lunch.

Good documentation transforms a vague complaint into a credible case.³³

Step 4: Understand Your Recourse Options

If you have documented a violation, you have several potential paths for recourse.

• Internal Complaint: The first step is often to use your company’s internal complaint process. This may involve speaking to your supervisor, a manager, or the Human Resources department. Present your concerns calmly and professionally, referencing your documentation and, if applicable, the specific company policy or law.
• Indiana Department of Labor Wage Claim: For issues involving unpaid wages—such as being forced to work through an unpaid lunch or not being paid for short breaks—you can file a wage claim with the Indiana Department of Labor’s Wage and Hour Division.³⁵ The process is available online, and the department will investigate on your behalf.³⁶ However, you must be aware of two critical limitations. First, the department cannot guarantee you will be paid. Second, and most importantly,
  Indiana law provides no job protection if you are terminated as a result of filing a wage claim.³⁶ Filing a claim does not protect you from retaliation.
• Contacting an Employment Lawyer: This step becomes necessary in several situations: if you have been retaliated against for asserting your rights, if your case is complex, or if the Department of Labor process is unsuccessful. Unlike a simple wage claim, a legal action brought with an attorney can address wrongful termination and retaliation, and can seek broader damages.³⁴ Federal and state laws make it illegal for an employer to retaliate against you for complaining about what you, in good faith, believe to be an illegal practice. This is a powerful protection that is best enforced through the legal system with the help of a professional who specializes in this field.

Conclusion: The Power of Knowing Your Place

Let’s return to where we started, with David.

His story ended poorly because he made an assumption about his rights that, for him, was tragically incorrect.

He was standing on the plain, unprotected fabric of the quilt.

But imagine a different story.

Imagine a new mother returning to her job at a small Indiana company.

Her manager, unaware of the specific laws, tells her she can take unpaid breaks to pump in the public restroom.

But this woman is armed with knowledge.

She knows she is standing on a protected patch.

She calmly and professionally provides her manager with a copy of Indiana Code § 22-2-14-2.

She explains her right to paid breaks and a private, non-bathroom space.

The manager, now aware of the law, works with her to find a small, lockable office for her to use and ensures her timecard is adjusted correctly.

A potential conflict is resolved, her rights are respected, and she can continue to be a productive employee while caring for her child.

The difference between these two stories is not luck; it is knowledge.

Understanding the patchwork of Indiana’s break laws—knowing its vast unprotected spaces and its vital, life-changing patches of protection—is the key to advocating for yourself effectively.

It is the power to know where you stand, and to stand up for your rights.

Works cited

1. Is there any information regarding Indiana lunch or breaks laws? – IN.gov, accessed on August 8, 2025, https://faqs.in.gov/hc/en-us/articles/115005044387-Is-there-any-information-regarding-Indiana-lunch-or-breaks-laws
2. Are there any state laws that pertain to lunch or break issues? – IN.gov, accessed on August 8, 2025, https://faqs.in.gov/hc/en-us/articles/115005215988-Are-there-any-state-laws-that-pertain-to-lunch-or-break-issues
3. Breaks and Meal Periods | U.S. Department of Labor, accessed on August 8, 2025, https://www.dol.gov/general/topic/workhours/breaks
4. Meal and Rest Breaks in Indiana – Nolo, accessed on August 8, 2025, https://www.nolo.com/legal-encyclopedia/meal-rest-breaks-indiana.html
5. TEEN WORK HOURS Indiana Department of Labor … – IN.gov, accessed on August 8, 2025, https://www.in.gov/dol/files/hrposter.pdf
6. Indiana Break Laws: Meals, Rests, and More (2025) – Workyard, accessed on August 8, 2025, https://www.workyard.com/us-labor-laws/indiana-break-laws
7. FLSA Protections to Pump at Work | U.S. Department of Labor, accessed on August 8, 2025, https://www.dol.gov/agencies/whd/pump-at-work
8. Fact Sheet #73: FLSA Protections for Employees to Pump Breast Milk at Work, accessed on August 8, 2025, https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers
9. Lactating and Breast/Chest Feeding Employees – IU Policies – Indiana University, accessed on August 8, 2025, https://policies.iu.edu/policies/hr-11-50-lactating-mothers/index.html
10. Breastfeeding Laws in Indiana – Indiana Wic, accessed on August 8, 2025, https://indiana.wicresources.org/breastfeeding-laws-in-indiana/
11. Wage and Hour Laws in Indiana – Nolo, accessed on August 8, 2025, https://www.nolo.com/legal-encyclopedia/indiana-wage-hour-laws-35486.html
12. What are the break laws in Indiana? – Reddit, accessed on August 8, 2025, https://www.reddit.com/r/Indiana/comments/la7x3k/what_are_the_break_laws_in_indiana/
13. Do we have any real protection under our labor laws? Is there really no cap on hours or mandatory time off after working X amount of days? : r/Indiana – Reddit, accessed on August 8, 2025, https://www.reddit.com/r/Indiana/comments/1k1jik2/do_we_have_any_real_protection_under_our_labor/
14. Blog | Cleveland Lehner Cassidy | Indianapolis, Indiana, accessed on August 8, 2025, https://www.clcattorneys.com/blog/
15. Indiana Labor Laws: Minimum Wage, Overtime & More 2025 – Clockify, accessed on August 8, 2025, https://clockify.me/state-labor-laws/indiana-labor-law
16. Indiana Break Laws | 2024 – Jibble, accessed on August 8, 2025, https://www.jibble.io/labor-laws/us-state-labor-laws/indiana/break-laws
17. Meal Periods & Rest Breaks – elaws – FLSA Hours Worked Advisor, accessed on August 8, 2025, https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenEE4.asp
18. What Are the Employee Lunch Break Labor Laws? – OSHA Education Center, accessed on August 8, 2025, https://www.oshaeducationcenter.com/articles/employee-lunch-breaks/
19. Workers of Indiana, how does meal and rest breaks work? – Reddit, accessed on August 8, 2025, https://www.reddit.com/r/Indiana/comments/w5qdrf/workers_of_indiana_how_does_meal_and_rest_breaks/
20. Fair Labor Standards Act (FLSA) – Meals and Rest Breaks, accessed on August 8, 2025, https://resources.finalsite.net/images/v1548404197/mansfieldisd/pzp9zfedhmnxxzru4jsc/Section13-FLSAMealsBreaks.pdf
21. Prominent Fort Wayne restaurants operator must pay $149K in back wages, damages to 28 servers, $28K in penalties, to resolve federal wage violations, accessed on August 8, 2025, https://www.dol.gov/newsroom/releases/sol/sol20240910
22. US Department of Labor complaint alleges Indianapolis home care companies’ operator again violated federal wage laws, withheld $86K in wages, accessed on August 8, 2025, https://www.dol.gov/newsroom/releases/sol/sol20241108
23. Teen Work Hour Restrictions, accessed on August 8, 2025, https://www.bsu.edu/-/media/www/departmentalcontent/human-resources/pdfs/employment-folders/line-5.pdf?sc_lang=en&hash=FA4A2D5CFEDB1C25F0BB9B7121DE1E3549D06953
24. Indiana Minimum Age Requirements & Child Labor Laws – WorkforceHub, accessed on August 8, 2025, https://www.workforcehub.com/hr-laws-and-regulations/indiana/indiana-minimum-age-requirements-child-labor-laws/
25. DOL: Home – Indiana, accessed on August 8, 2025, https://www.in.gov/dol/
26. What to Expect in 2025: Updates to Indiana Child Labor Laws – Krieg DeVault LLP, accessed on August 8, 2025, https://www.kriegdevault.com/insights/what-to-expect-in-2025-updates-to-indiana-child-labor-laws
27. Talking to Your Boss About Your Pump:Indiana – Pregnant@work, accessed on August 8, 2025, https://www.pregnantatwork.org/wp-content/uploads/Talking-About-Your-Pump-Indiana-Factsheet.pdf
28. Support for Lactating Parents Policy, accessed on August 8, 2025, https://www.in.gov/spd/files/Support-for-Lactating-Parents-Policy.pdf
29. Time Is Money: A Quick Wage-Hour Tip on … FLSA Protections for Nursing Mothers, accessed on August 8, 2025, https://www.wagehourblog.com/time-is-money-a-quick-wage-hour-tip-on-flsa-protections-for-nursing-mothers
30. What employers need to know – Office on Women’s Health, accessed on August 8, 2025, https://womenshealth.gov/supporting-nursing-moms-work/what-law-says-about-breastfeeding-and-work/what-employers-need-know
31. Breastfeeding Laws in Indiana – Mamava, accessed on August 8, 2025, https://www.mamava.com/breastfeeding-law/indiana
32. Indiana Labor Laws – The Complete Guide for 2025 – Employer Pass, accessed on August 8, 2025, https://www.employerpass.com/employer-insights/indiana-labor-laws
33. Legal Blog | Amber Boyd Law | Indianapolis Attorney, accessed on August 8, 2025, https://amberboydlaw.com/blog/
34. Indiana Labor Lawyer: Your Advocate for Employee Rights – Punchwork Law, accessed on August 8, 2025, https://punchworklaw.com/blog/indiana-labor-lawyer-what-do-i-need/
35. DOL: Wage & Hour Home – IN.gov, accessed on August 8, 2025, https://www.in.gov/dol/wage-and-hour/wage-and-hour-home/
36. DOL: Online Wage Claim Form – IN.gov, accessed on August 8, 2025, https://www.in.gov/dol/wage-and-hour/online-wage-claim-form/
37. Indiana Employment Law Attorney | Indianapolis Workplace Discrimination, accessed on August 8, 2025, https://www.stephaniehahn.com/