To file a wage claim with the Indiana Department of Labor (IDOL), follow these steps:
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Gather Required Information:
- Your name, mailing address, and telephone number.
- Employer’s name, mailing address, and telephone number.
- The gross amount of wages claimed.
- Length of employment including start and end dates.
- Type of claim (e.g., unpaid wages, overtime, improper deductions).
- Dates and hours worked if claiming non-payment of wages.
- Your signature and date on the claim form.
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Submit the Wage Claim:
- File your claim online through the Indiana Department of Labor’s Online Wage Claim Form.
- The form is available on the official Indiana government website under the Department of Labor’s Wage and Hour section.
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Understand Claim Eligibility:
- Claims will not be processed if they involve payment for time not worked (holiday pay, sick pay, bonuses, etc.).
- Claims are not accepted if the employer has filed for bankruptcy, if you worked as an independent contractor, or if you are a state employee (state employees must contact the Indiana State Personnel Department).
- Claims against businesses where you were an owner or partner are also excluded.
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Processing Timeline and Procedure:
- Once accepted, the IDOL will notify the employer.
- The employer has two weeks to pay or dispute the claim.
- If the employer does not respond, a final notice is sent allowing one more week.
- If still no response, the IDOL will send you the file and recommend consulting an attorney or pursuing the claim in court.
- If disputed, IDOL will make a determination based on Indiana law and evidence.
- The entire process can take up to 90 days.
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If Necessary, Pursue Legal Action:
- If the IDOL cannot resolve the claim or if you want to seek additional damages, you may file a private lawsuit to recover unpaid wages plus liquidated damages, attorney’s fees, and costs.
Contact Information for Indiana Department of Labor:
- Address: 402 West Washington Street, Room W195, Indianapolis, IN 46204
- Phone: (317) 232-2655
- Fax: (317) 233-3790
- Website: Indiana Department of Labor Wage and Hour Division
Filing a wage claim with the IDOL is a service to help resolve wage disputes but does not guarantee compensation.
🔴 Immediate Actions (Today or ASAP)
- Gather all necessary information: Collect your full name, mailing address, phone number, employer's name, mailing address, and phone number.
- Document your wages and work details: Write down the gross amount of wages you believe you are owed, your employment start and end dates, type of claim (e.g., unpaid wages, overtime), and dates/hours worked related to the claim.
- Find the official Indiana Department of Labor (IDOL) Wage Claim Form: Go to the Indiana government website and locate the Department of Labor’s Wage and Hour section to access the online form.
- Sign and date your claim: Prepare to electronically sign or print, sign, and scan the claim form when submitting.
🟡 Short-Term Steps (This Week)
- File your wage claim online: Submit your completed and signed wage claim using the IDOL online form as soon as possible.
- Keep copies of everything: Save a copy of your claim form, any emails, and confirmation receipts from the IDOL.
- Prepare evidence: Gather pay stubs, timesheets, contracts, emails, or any communication proving your hours worked and wages owed.
- Note important deadlines: The employer has 2 weeks to respond after IDOL notifies them, so mark your calendar to follow up if needed.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor your claim status: Contact IDOL if you do not receive updates or if the employer fails to respond within the set time.
- Respond to any disputes: If the employer disputes your claim, be ready to provide your evidence and cooperate with IDOL’s investigation.
- Consider legal action if necessary: If IDOL cannot resolve your claim or if you want additional damages, consult an attorney about filing a private lawsuit.
- Keep detailed records: Maintain a file of all communications, notices, and evidence related to your claim.
Your Legal Rights
Under Indiana law and federal wage laws, you have the right to be paid for all hours worked, including overtime if applicable. You can file a wage claim with the Indiana Department of Labor if your employer has not paid you properly.
The IDOL will investigate your claim, but they cannot guarantee payment. If your claim is denied or unresolved, you can take legal action to recover unpaid wages plus possible damages and attorney’s fees.
Note that claims for holiday pay, sick pay, bonuses, or payment for time not worked are generally not covered. Independent contractors and state employees have different procedures.
Where to Get Help
- Indiana Department of Labor Wage and Hour Division
Address: 402 West Washington Street, Room W195, Indianapolis, IN 46204
Phone: (317) 232-2655
Fax: (317) 233-3790
Indiana Department of Labor Website - Legal Aid Organizations in Indiana
Search for local legal aid offices that help with employment and wage claims. - Private Employment Attorneys
Consider consulting an attorney if your claim is disputed or unresolved after IDOL’s process. - Keep all documentation handy to show to any agency or attorney assisting you.
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