Is It Illegal Not To Pay Overtime In Indiana?Brett Haworth
If you are employed in Indiana, it is a good idea to understand the basics about minimum wage and overtime laws as they apply to the state. There are two sets of regulations for workers in Greenwood and throughout the state of Indiana. One is the Federal Fair Labor Standards Act (FLSA), and the other is the Indiana Minimum Wage Law, which also covers rules and regulations for the requirement to pay overtime wages to employees in the state. They are both equally applied, and where there is overlap, they are combined.
Do I Have To Work Overtime If My Employer Asks Me To?
Your boss can set your hours at their discretion unless you have a contract or a union agreement that states otherwise. They can ask you to stay late, come in early, and work longer shifts. So, yes, it is legal for your boss to ask you, or even require you, to work overtime. It is important to know that they can also require you to work on holidays, weekends, and other special occasions.
When Does Overtime Pay Start?
One common misconception is that anything over 8 hours a day constitutes overtime. This is not correct, and both Federal and Indiana State law requires your employer to pay you overtime when you work more than forty hours per week, regardless of how many days it takes you to get to forty hours.
What Is The Standard Rate For Overtime Pay In Indiana?
According to the Indiana Minimum Wage Law, and the Fair Labor Standards Act, the overtime rate is one and a half (1.5) times the employee’s standard rate of pay. Some employers may pay extra for certain circumstances or holidays, but that is to their discretion. The requirement is 1.5 times the normal wage.
What If My Employer Offers To Pay Me “Comp Time” instead?
“Comp Time,” or Compensatory time off, means that instead of paying you overtime wages, your employer will offer you paid time off later. In the state of Indiana, this is illegal for private employers.
Certain tax calculations are made on the amount of overtime that is paid to employees. Comp time is a way to alter accurate reporting of these numbers and may save employers from paying higher taxes or government fees. So, in the interest of accurate reporting, all overtime wages paid are to be reported.
How Do I Collect Overtime Payments That Are Due To Me?
If you have overtime pay that is due to you from your current job or an earlier job, you can still reclaim that money. Your best plan of action is to contact an experienced attorney in Greenwood who practices employment law. Keep in mind that the statute of limitations, or the time you are allowed to collect this back pay, is three years for overtime according to state regulations, and two years under federal regulations.
If you feel that you can prove that your employer intentionally paid you less than you were entitled to, you can file for additional amounts over and above the actual overtime pay owed to you. This intentional action also means that you have the statute of limitations under federal law is increased to three years, bringing it in alignment with the state law.
Is Every Employee Who Works More Than Forty Hours a Week Entitled to Overtime Pay?
No, not every employee is entitled to overtime pay. Certain job classifications are exempt from the requirement, as are salaried workers who are being paid above $455/week (2017). Executives, Administrators, Commissioned Salespeople, Professionals (such as CPAs and lawyers), and Taxi drivers are just a few of those positions that are exempt from the overtime laws.
If you are not sure whether your job is exempt from being paid overtime, it will be worth your while to find out. Reputable Greenwood employment law firms can help you make the determination.
Additionally, some employers are exempt from having to pay wages at the overtime rate. If an employer has more than forty active employees, they are required to pay overtime, according to Indiana law. The Federal law says that if the employer has more than $500,000 in gross sales, he is required to pay his employees overtime rates.
Can I Lose My Job For Filing A Claim For Unpaid Overtime Pay?
You can rest assured that it is illegal for a person to be fired for asking for the overtime pay that’s owed to them, for reaching out to a lawyer or filing a claim. If your complaint is met with termination, you have the right to file a charge for retaliation. This is one of the reasons that it’s best to start your claim with a consultation with a lawyer and to gain a full understanding of the process.
Can An Employer Send Me Home Early To Avoid Paying Me Overtime?
In a word, yes. Keep in mind that an employer has the right to ask you to work according to the needs of the business. There is no law saying how much notice they must give you if any, but they can ask you to go home early, or stay late, according to their desires. They can ask you to work on holidays, weekends, and whenever they see fit.
How Do I Start The Process To Claim Overtime Pay That I’m Entitled To?
Hiring an honest and aggressive attorney is advised. At the law firm of Henn, Haworth, Cummings, & Page, we offer years of experience in employment and labor law. We can help with overtime pay, as well as a variety of other employment law issues.
We offer a free initial consultation and will be able to evaluate your case and offer legal advice that can help you in your time of need. Should you decide to hire us for representation, we will work with you to reclaim all the money that is due to you. If you have kept records of the money owed to you, be sure and bring that to your first appointment with us.