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Payroll Indiana, Unique Aspects of Indiana Payroll Law and Practice

Indiana payroll has unique aspects and conditions. Some of the details and laws are outlined in this article, including information regarding: withholding and reporting; unemployment insurance contributions and reporting; wage and hour laws; and child support withholding.

The Indiana state agency that oversees the collection and reporting of state income taxes deducted from paychecks is:

Department of Revenue

Compliance Department

Government of North Central Indiana

Indianapolis, IN 46204-2253

(317) 233-4018

http://www.ai.org/dor

Indiana requires you to use the Indiana Form “WH-4, Employee’s Withholding Exemption and County Status Certificate” instead of a federal Form W-4 for Indiana state income tax withholding .

Not all states allow pay cuts made under Section 125 or 401(k) cafeteria plans to be treated the same as the IRS code allows. In Indiana, cafeteria plans are: non-taxable for income tax purposes; not taxable for unemployment insurance purposes. Deferrals from the 401(k) plan are: non-taxable for income tax purposes; taxable for unemployment purposes.

In Indiana, additional wages are taxed at a flat rate of 3.4%.

You can file your Indiana State W-2s by magnetic medium if you wish.

The Indiana State Unemployment Insurance Agency is:

Workforce Development Department

Indiana Center of Government S.

10 N., avenue du Sénat, room. 331

Indianapolis, IN 46204-2277

(317) 232-6702

http://www.state.in.us/workcomp/index.html

The Indiana State taxable earnings base for unemployment purposes is earnings up to $7,000.00.

Indiana has optional quarterly payroll reporting on magnetic media.

Unemployment records must be kept in Indiana for a minimum period of five years. This information typically includes: name; social Security number; dates of hire, rehire and termination; wages per period; pay periods and pay dates; date and circumstances of termination.

Indiana’s state agency responsible for enforcing state wage and hour laws is:

Ministry of Labour

Wages and Hours Division

402 West Washington St. Room. W195

Indianapolis, IN 46204

(317) 232-2673

http://www.state.in.us/labor/

Indiana’s minimum wage is $5.15 an hour.

The general provision in Indiana for overtime pay with an employer not covered by the FLSA is one and one-half times the job rate after 40 hours per week.

The Indiana State New Hire Reporting Requirements state that every employer must report every new hire and rehire. The employer must declare the elements required by the federal government concerning:

  • The name of the employee
  • Employee address
  • Employee’s social security number
  • Name of employer
  • Employer’s address
  • Federal Employer Identification Number (EIN)

This information must be reported within 20 days of hiring or rehiring.

Information may be sent in the form of a W-4 or equivalent by mail, fax or electronically.

There is a $500 penalty for late reporting in Indiana.

The Indiana New Hire Information Agency can be reached at 866-879-0198 or 317-612-3028 or on the web at http://www.in-newhire.com.

Indiana Does Not Allow Mandatory Direct Deposit

Indiana requires the following information on an employee’s pay stub:

  • regular and overtime pay
  • Hours worked
  • itemized deductions
  • Indiana requires the employee to be paid semi-monthly or bi-weekly; less frequently for FLSA-exempt employees.

    Indiana requires that the time between the end of the pay period and the payment of wages to the employee not exceed ten days.

    Indiana payroll law requires that involuntarily terminated employees receive their final pay before their next regularly scheduled payday and that voluntarily terminated employees must receive their final pay before the next regularly scheduled payday.

    The deceased employee’s salary must be paid when it is normally due to the surviving spouse; if none, other beneficiary after affidavit of right; estate not exceeding $25,000.

    Indiana escheat laws require that unclaimed wages be paid to the state after one year.

    The employer is further required in Indiana to keep a record of wages foregone and turned over to the state for a period of 10 years.

    Indiana payroll law requires no more than $3.02 to be used as tip credit.

    In Indiana, payroll laws covering mandatory rest or meal breaks only state that minors under the age of 16 must have 30 minutes during the 3rd to 5th hour of a one-week shift. duration of at least 6 hours.

    There is no provision in Indiana law for keeping records of wages and hours, so it’s probably wise to follow FLSA guidelines.

    The Indiana agency responsible for enforcing child support orders and laws is:

    Child Support Office

    402 W. Washington St., Room W360

    Indianapolis, IN 46204

    (317) 233-5437

    http://www.in.gov/dcs/support/index.html

    Indiana has the following provisions for child support deductions:

    • When to start detention? 14 working days after sending the deduction order to the employer.
    • When to send payment? payday
    • When to send the notice of termination? Within 10 days of termination.
    • Maximum administrative costs? $2 per payment.
    • Hold limits? Federal rules under the CCPA.

    Please note that this article is not updated for changes that can and will occur from time to time.

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