Domestic Worker Rights in Indiana: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 and § 213(b), provides the primary federal protections for domestic workers in Indiana. All domestic workers, regardless of immigration status, must receive at least the federal minimum wage of $7.25 per hour for all hours worked. However, the FLSA exempts certain household employees from overtime requirements if they work for a private household. Domestic workers are covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which prohibits discrimination based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., protects domestic workers from disability discrimination, and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., covers workers age 40 and over.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., provides some workplace safety protections, though coverage is limited in private household employment. The FLSA also requires that if an employer provides meals or lodging to a domestic worker, those items can only be deducted from wages if they are reasonable in cost and the worker agrees. The Equal Pay Act, 29 U.S.C. § 206(d), requires equal pay for equal work regardless of gender. Enforcement is primarily through the U.S. Department of Labor Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC).

Indiana's domestic worker protections are largely defined by its adoption of federal standards rather than unique state requirements. Indiana Code § 22-2-2-4 incorporates the federal minimum wage requirement of $7.25 per hour as the state minimum wage, which applies to domestic workers. Indiana Code § 22-8-1-1 extends basic occupational safety protections to workers including domestic employees, requiring employers to maintain safe working conditions and comply with safety standards.

Indiana Code § 22-9-1-1 et seq. (the Indiana Civil Rights Act) provides protection from employment discrimination for workers, including domestic workers, based on race, color, religion, sex, national origin, disability, or age. This state law mirrors federal Title VII protections but allows for state enforcement through the Indiana Civil Rights Commission. However, Indiana does not provide stronger protections than federal law in most respects—the state law tracks federal standards rather than exceeding them.

Unlike some states, Indiana does not have a comprehensive domestic worker bill of rights or specific regulations governing work hours, meal breaks, or rest periods for household employees beyond what federal law requires. Domestic workers in Indiana who are not covered by federal overtime exemptions may be entitled to overtime pay, but this depends on FLSA analysis rather than state-specific domestic worker rules. Indiana Code § 22-2-14-1 allows workers to file wage claims with the Indiana Department of Labor for unpaid wages, and this process applies to domestic workers seeking compensation for wages owed.

Critically, Indiana has not implemented specific regulations addressing live-in domestic workers' housing standards, maximum work hours, or worker classification issues that some progressive states have adopted. Therefore, disputes over domestic worker rights in Indiana often rely primarily on federal law analysis, and workers must typically pursue claims through federal channels via the DOL Wage and Hour Division or through civil rights complaints with the EEOC or Indiana Civil Rights Commission.

Domestic workers employed by a private household in Indiana are exempt from the FLSA overtime requirement under 29 U.S.C. § 213(b), meaning employers do not have to pay time-and-a-half for hours over 40 per week. However, they must still receive at least the minimum wage. Certain family members employed in a family business or family farm may have reduced or no wage protections, though this typically does not apply to unrelated domestic workers.

Indiana law does not specifically regulate working conditions, hours, or rest periods for domestic workers in ways that create additional employer obligations beyond federal law. This means that an employer paying minimum wage and providing safe conditions may legally require longer work days or weeks than in other employment contexts, as long as no federal labor law is violated. Live-in domestic workers are not subject to specific housing or amenity standards under Indiana state law beyond general safety codes.

The FLSA "companionship services" exemption under 29 U.S.C. § 213(a)(3) may apply to some domestic workers providing care to elderly or disabled family members, exempting them from minimum wage and overtime in limited circumstances—this is a narrow exemption that requires the worker to be employed by a family member, not a third-party care agency. Additionally, certain workers employed by diplomatic missions or foreign governments may be exempt from labor protections.

Indiana's at-will employment doctrine means domestic workers can be terminated without cause and without advance notice unless there is an express written contract stating otherwise. This applies even in cases of wage disputes, though retaliation for filing a wage claim or reporting safety violations is prohibited under federal law. Casual or occasional domestic workers (babysitters, housecleaners hired once per month) might fall outside regular employee status in some contexts, though they still retain minimum wage rights if they meet FLSA employee status.

Step 1 — Document Everything: Keep detailed records of all hours worked (dates, times worked, total hours), wages paid (pay stubs, checks, cash receipts if documented), any oral promises about pay or benefits, and written communications with the employer about work terms. Photograph any unsafe conditions, hazardous materials, or lack of safety equipment. If retaliation occurs after raising concerns, document dates, times, and what was said. Store copies of documents outside your home in a secure location, such as with a trusted family member or in cloud storage.

Step 2 — Internal Complaint Process: If possible and safe, provide written notice to your employer detailing the wage violation, unsafe condition, or discriminatory treatment. Use email or certified mail so there is a record. Request a written response. If the employer refuses to remedy the issue, this creates evidence for external agencies. In cases of discrimination or harassment, many agencies prefer evidence that you gave the employer an opportunity to address the problem, though this is not required before filing an external complaint. If you fear retaliation, you may skip internal resolution and proceed directly to external filing—you are protected from retaliation under federal law.

Step 3 — File With the Appropriate Agency: For unpaid wages, file a wage claim with the Indiana Department of Labor, Wage and Hour Section, 402 West Washington Street, Room W195, Indianapolis, IN 46204, (317) 232-2655, or online at www.in.gov/dol/. Provide your name, address, phone, employer's name and address, dates of employment, hours worked, hourly rate promised, total amount owed, and a description of what compensation was promised and not paid. You may also file a federal wage claim with the U.S. Department of Labor Wage and Hour Division (Indianapolis District Office: (317) 226-6801, www.dol.gov/agencies/whd) within three years of the violation (six years for willful violations). For discrimination, file with the Indiana Civil Rights Commission, 100 North Senate Avenue, Room N103, Indianapolis, IN 46204, (317) 232-2600, www.in.gov/icrc/, within 180 days of the violation, or with the federal EEOC, Indianapolis Field Office, (317) 226-7212, www.eeoc.gov/, within 300 days in Indiana (a "deferral state").

Step 4 — Investigation Process: After filing with the Indiana Department of Labor, an investigator will contact you and the employer to gather information about wages, hours, and working conditions. This process typically takes 30-60 days but can extend longer if the employer disputes facts. You may be asked to provide documentation and attend an interview. The agency will issue a determination stating whether a violation occurred and, if so, the amount of back wages owed. If the employer disagrees, they can appeal. Federal DOL investigations follow a similar process with a wage and hour investigator assigned to your case, which often takes longer (2-6 months) but has broader investigative powers. EEOC investigations of discrimination claims typically take several months and may include interviews with witnesses and document requests to the employer.

Step 5 — When to Hire an Attorney: Consult an employment attorney if (1) the amount owed exceeds $5,000, as lawyers can often recover fees from the employer under federal law if you win; (2) the employer retaliates against you for filing a claim; (3) your case involves pattern violations affecting multiple workers; (4) the employer disputes core facts and the case requires litigation; or (5) you experience discrimination or harassment alongside wage violations, which may involve complex legal theories. Many employment attorneys offer free initial consultations and work on contingency (no upfront cost), taking a percentage of the award or settlement. Contact the Indiana Trial Lawyers Association or your local bar association's lawyer referral service to find qualified employment counsel.