QUESTION

How do I determine if someone is eligible to receive overtime?

Asked on Jul 28th, 2015 on Labor and Employment - Indiana
More details to this question:
My fiance works in a furniture warehouse. He gets paid an hourly rate and the rate does not change when he has gone over 40 hours per week. His employer claims he is not required to pay overtime. How do I determine if he is genuinely exempt from overtime pay?
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1 ANSWER

Dear Anonymous,   Very few hourly employees could be considered exempt from the overtime requirements of the Federal Fair Labor Standards Act ("FLSA").  In fact, the FLSA requires that employers pay employees a minimum wage of $7.25 per hour, and time and a half for every hour over 40 hours worked in a given week.  The failure do so can result in payment of back wages, plus punitive damages and attorney's fees.  Here is some more information regarding the FLSA and Indiana Wage and Hour Laws.  If your fiance is paid tips or commissions for sales of furniture, he may be considered exempt, but I doubt he receives tips or commissions if he is working in the warehouse.  If you have additional questions about Federal or State overtime requirements, please feel free to call me for a free consultation.  Because employers must pay the employee's attorney's fees, there is no cost to the employee to make a claim for unpaid overtime wages.   Chip Clark Goodin Abernathy, LLP
Answered on Jul 28th, 2015 at 12:27 PM

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