Indiana Employment Legal Questions

Dear Amanda, Your employer cannot withhold wages, except for a very few limited exceptions.  However, your employer is doing this because they are not considering you an employee, but rather, and independent contractor.  The U.S. Dept. of Labor is currently cracking down on employers who attempt to classify their employees as independent contractors in an effort to avoid paying benefits.  If you have questions about your rights as they pertain to your employer, please contact me for a free consultation. Chip Clark... Read Answer

Dear Jordan,   Minimum wage is $7.25/hr.  Unless you meet specific criteria as an exempt employee, the Fair Labor Standards Act requires employers to pay you time and a half for any hours worked over 40 in a given week.  Just because you are paid a salary does not mean you are exempt from the FLSA overtime requirements.  If your employer failed to pay you for overtime, they are subject to being sued, and can also be responsible for punitive damages and attorney's fees.   Chip Clark... Read Answer

Dear Anonymous, If the employer has told you that you did not get the position because you are female, then you have been discriminated against based on your gender, and that is a violation of Federal Law.  However, most of the time, employers will articulate a different reason for why you did not get the promotion.  If you feel you have been discriminated against because you are a female, then you should contact the Equal Employment Opportunity Commission (EEOC) and file a charge of discrimination against your employer.  You must first file a charge with the EEOC before you can sue your employer and there are time limitations on filing a charge.  If you have more questions about your case, you can call me at (317) 843-2606 for a free consultation.   Chip Clark... Read Answer

The Federal Fair Labor Standards Act (FLSA) requires employers to pay time and a half for all hours worked over 40 hours in a work week, with some exceptions.  If you are an hourly employee, then you are most likely entitled to be paid time and a half for your overtime hours.  If you have more specific questions about overtime, you can find many answers to your questions here.... Read Answer

The Fair Labor Standards Act ("FLSA") mandates that an employer must pay an employee time and a half for every hour worked over 40 hours per week.  There are some limited exceptions to this rule for employees who are considered exempt.  Just because you are paid a salary, rather than an hourly wage, does not mean you are exempt from the FSLA's overtime requirements.  Also, the FLSA allows you to recover your attorney's fees from your employer for failing to pay overtime.  If you have specific questions about your case, or would just like to speak to any attorney, please call me for a free consultation. ... Read Answer

The Pregnancy Discrimination Act is an amendment to Title VII and makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.  For more information about workplace discrimination visit our website at http://www.goodinabernathy.com, or call me at 1-800-625-4710... Read Answer

Dear Anonymous, Indiana follows the "at-will" employment doctrine, which basically means that your employer can terminate you for any reason, but they cannot discriminate against you on the basis of age, race, national origin, religion or pregnancy.  If your employer has truly eliminated your position, then it may well be that the termination was legal.  However, if your employer simply used elimination of the position as an excuse to terminate you, when in fact they terminated you because you were over 40 and they replaced you with a younger, less expensive employee, then it is possible that you were discriminated against based upon your age.  The Age Discrimination in Employment Act ADEA prohibits this kind of discrimination by employers.  However, even if you suspect that you have been discriminated against based on age, these cases can be very difficult to prove.  If you believe that you have been the victim of discrimination, you should contact the Equal Employment Opportunity Commission and file a charge against your employer. Best of luck, Chip... Read Answer

Indiana Code §22-2-5-2 requires that employers pay wages in a timely manner.  Failure to do so can result in penalties to the employer including damages in an amount up to two times the unpaid wages, interest, and attorneys fees.   Furthermore, a bounced check can also result in punitive damages up to two times the amount of the check, interest and attorneys fees.  If you have questions about your case, please call for a free consultation.... Read Answer

Dear Anonymous, Indiana is an at-will employment state; however, we do have laws that protect whistleblowers from retaliation by their employers. Based on the information you have provided, this sounds like a clear case of retaliation.  If you would like to discuss your case in more detail, please call me for a free, no obligation, consultation and case assessment. Chip Clark... Read Answer

It is possible that your employer could require you to make up missed time, even though your appointments are the result of injuries you sustained at work.  However, I am going to need some additional information in order to answer your question.  Are you able to return to your original job, or has your employer made additional light duty work available?  Also, what is your PPI rating, if any?  I strongly encourage you to contact an experienced worker's compensation attorney before you agree to settle your claim with your employer.... Read Answer

Pursuant to the Federal Fair Labor Standards Act ("FLSA") and the Indiana Wage Payment Statute (Indiana Code Sec. 22-2-5-1), employers are required to pay time-and-a-half for every hour over 40 hours worked in a week.  A violation of these statutes can result in the employer being liable for unpaid wages, liquidated damages doubling the unpaid wages, and attorney's fees.  There are certain exceptions to these laws, and it does not necessarily matter whether the employe is salaried or hourly.  If you have a question about whether any of these statutes have been violated, you should speak to an attorney who is experienced in employment law.  ... Read Answer

At GOODIN ABERNATHY LLP we are glad to help you recover unpaid wages you are owed. Below are the answers to some frequently asked questions about the wages that employees should be paid under federal and state law.  If you have further questions or think that you are being paid incorrectly contact us.    What is the Minimum Wage in Indiana?   Under Federal and Indiana law employers must pay most employees at least $7.25 per hour.   Employers may not make deductions which would reduce your pay below this level.  Some employees who receive tips as part of their income are allowed to be paid $2.13 per hour by their employer, but their pay including tips must total at least $7.25 per hour.   Should I be paid extra for Overtime hours?   Under both Federal and Indiana law employers must pay most employees 1.5 times their regular wage for any hours worked over forty in a week.  Even if your employer has told you that you are exempt from overtime because of the nature of your work or the way you are paid that may not be so.    Can my employer make deductions from my pay?   Employers cannot deduct costs from your pay (such as for uniforms, equipment, or other costs) which reduce your pay below the minimum wage.  Additionally, Indiana law prohibits deductions from your pay without your permission and restricts the types of deductions that can be made even with your permission.    What if I make more than the minimum wage, but am not paid all that my employer promised?   Indiana law requires employers to pay employees the wages they were promised.  In some cases this may include merit-based bonuses and paid time off which you have earned.   Does my immigration status affect my rights to be paid what I am owed?   All workers regardless of their immigration status or work authorization have a right to recover for the wages they have earned.    If you have not been paid or suspect that you have been paid incorrectly by your employer we would be glad to discuss the facts of your case.  ... Read Answer

Based on your question, it appears as if you have already been hired.  If you have not been hired, you do not have to disclose that you are pregnant, and your employer cannot legally ask you if you are pregnant.  As far as whether they can fire you for visits related to your pregnancy, the answer is no.  They cannot fire you for that reason.  The Family Medical Leave Act ("FMLA") and the Americans with Disabilities Act ("ADA") prohibit such discrimination.  However, Indiana is an at-will employment state, so your employer could still fire you and give you a different reason for your termination, or no reason at all.  The burden would be on you to prove that your employer terminated you because of your pregnancy.  This can be very difficult to prove.  If you have specific questions about your situation, please feel free to contact me.... Read Answer

The short answer to your question is "No."  Your employer cannot deduct tips from your wages.  Those tips are yours, you earned them, and they must be reported to the IRS for tax purposes in addition to your hourly wage.  Your wage and your tips must add up to the Federal Minimum Wage of $7.25 per hour for your employer to claim "Tip Credit." Additional information regarding "Tip Credit" can be found on the U.S. Dept. of Labor Website by clicking here. ... Read Answer

At GOODIN ABERNATHY LLP we are glad to help you recover unpaid wages you are owed. Below are answers to some frequently asked questions about the wages that employees should be paid under federal and state law.  If you have further questions or think that you are being paid incorrectly contact us.    What is the Minimum Wage in Indiana?   Under Federal and Indiana law employers must pay most employees at least $7.25 per hour.   Employers may not make deductions which would reduce your pay below this level.  Some employees who receive tips as part of their income are allowed to be paid $2.13 per hour by their employer, but their pay including tips must total at least $7.25 per hour.   Should I be paid extra for Overtime hours?   Under both Federal and Indiana law employers must pay most employees 1.5 times their regular wage for any hours worked over forty in a week.  Even if your employer has told you that you are exempt from overtime because of the nature of your work or the way you are paid that may not be so.    Can my employer make deductions from my pay?   Employers cannot deduct costs from your pay (such as for uniforms, equipment, or other costs) which reduce your pay below the minimum wage.  Additionally, Indiana law prohibits deductions from your pay without your permission and restricts the types of deductions that can be made even with your permission.    What if I make more than the minimum wage, but am not paid all that my employer promised?   Indiana law requires employers to pay employees the wages they were promised.  In some cases this may include merit-based bonuses and paid time off which you have earned.... Read Answer

Title VII protects sincerely held religious beliefs and the practices that are required to observe these beliefs.  It is not necessary that the person's beliefs be a part of an organized religion, but only that they occupy a place in the believer's life. Title VII requires an employer to provide a reasonable accomodation to sincerely held religious beliefs such as providing Seventh Day Adventists with time off on the weekends.  An employer can avoid providing accomodation if it can demonstrate that to do so would create an undue hardship on the conduct of the employer's business. If you have specific questions about your situation, please feel free to contact me for a free, no obligation consultation.... Read Answer

Dear Claire,   If you believe you have been retaliated against for reporting unethical behavior or some other statutorily protected activity, you will need to first file a claim with the Equal Employment Opportunity Commission ("EEOC"). When a person believes they have been retaliated against they can file a Charge of Retaliation with the EEOC.  In general, a person needs to file a Charge of Retaliation within 180 calendar days from the day the retaliation took place.  In addition, in order to file a Charge of Retaliation, the person’s employer must have had 15 or more employees.  After a Charge of Retaliation is filed, the EEOC investigates the claim.  At the conclusion of the investigation, the EEOC informs the individual of their findings.  If the EEOC does not find a violation of the law, it will issue a Notice-of-Right-to-Sue which provides permission to the individual to file a lawsuit. If the EEOC finds a violation, it will try to reach a voluntary settlement with the employer and if one cannot be reached,  the case will be referred to the EEOC legal staff who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit, it will issue a  Notice-of-Right-to-Sue.  You will have 90 days from the issuance of the Notice of Right to Sue in which to file a lawsuit in Federal Court against your employer. If you would like to discuss the specifics of your case in more detail, please feel free to contact me for a free, no obligation, consultation.   Chip... Read Answer