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Is It Illegal Not To Pay Overtime In Indiana?

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.

Can You Be Fired For Any Reason In Indiana?

Many people think that because Indiana is an “employment-at-will” state that you can be fired for any reason (or no reason at all) by your employer. This assumption is not accurate, as there are a lot of exceptions to the “at-will” status of employees. To terminate an employee under these exceptional circumstances would constitute “wrongful termination,” which may result in filing a lawsuit against the employer.

Federal And State Laws Against Discrimination And Civil Rights Infractions

State, Local, and Federal laws prohibit firing due to discrimination and civil rights infractions. It is not legal to fire someone because of their age, religion, race, country of origin, sex, or mental or physical disability. This is clearly a violation of federal law.

If you feel that you might have been fired because of one or more of these reasons, you should consult with an experienced Greenwood wrongful termination attorney and learn how they can help you to take action against the employer. There is a certain time limit on pursuing these matters, so do not put it off, if legal action is something you want to consider.

Civic Duties And Responsibilities

If carrying out your civic duties and responsibilities interferes with your work schedule, it is possible that your employer may not be able to fire you for missing time off work while you carry these responsibilities out.

For example, if you have been summoned for jury duty or as a witness in court, you cannot be fired for taking time off work for these events. The same is true for the family members of active military. Employers are required by law to provide ten days of unpaid leave each year for family members of those serving our country. These family members include siblings, parents, grandparents, and spouses of our folks in uniform.

Retaliation Against Whistleblowers

The fear of being fired is the main reason why people shy away from being “whistleblowers” and revealing illegal or unethical practices at their place of employment. They cannot be terminated for refusing to participate in illegal activities at the direction of their employer. Similarly, they cannot be let go for reporting safety risks or complaining about being put into unsafe or illegal situations.

If an employee decides to testify that the employer was discriminatory in their hiring or firing practices, according to law, that employee cannot be fired for their testimony.

Union Activity

In the state of Indiana, it is illegal to fire workers that are attempting to organize, join, or form a labor union. This includes those employees that are working towards collective bargaining. These circumstances often evolve into a sensitive issue, since employees are organizing against the employer in many cases.

Claims And Complaints

An employer may sometimes fire someone for filing a claim or a complaint against the employer. Here are a few circumstances to review where it is illegal to terminate employment for these individuals.

  • Filing a workers’ compensation claim, which is within a person’s legal rights
  • Initiating an FMLA claim, according to the Family Medical Leave Act
  • Filing a legal complaint concerning overtime, child labor, or minimum wage
  • Filing an OSHA complaint concerning unsafe or unsanitary conditions in the workplace
  • Claiming pension benefits to which you are entitled and have been promised
  • Claims under the EEOC job discrimination parameters, and within federal law

What If I Have A Contract?

If a contract exists between employer and employee, where one party is offering employment and the other party is accepting the terms of that employment, then it is possible that an employer can be sued for breach of contract if the employment is terminated even though the employee has complied with the agreement.

Some would argue that certain language included in employee handbooks, such as “three strikes and you’re out,” would indicate that you would not be fired after one “strike.” Going against the language in the employee handbook could be considered a breach of contract, and thus a wrongful termination.

Does My Boss Need To Explain Why He Fired Me?

This one is a bit tricky. You would hope that an employer would have the courtesy to tell you why you were let go, but you never know what you’ll be up against.

Basically, if he or she is required a written application before he or she hired you, then in some cases he or she needs to give you a signed statement listing the reasons you were terminated.

What Should I Do If I’m Being Treated Unfairly At Work?

Probably one of the most important things you can do in a situation where you feel you are being treated unfairly, or even illegally, is to keep a faithful account of events. Be sure that you take note of the specifics around the unfair or illegal treatment.

A written record takes the guesswork out of recalling events. Having this on hand will serve you well and can help your attorney bring an action if necessary.

How Do I Go About Starting A Lawsuit Against My Employer?

One of the first things you will want to do is to find a top-rated Greenwood wrongful termination law firm like Henn, Haworth, Cummings, & Page that practices labor law/employment law. Once you find your lawyer, they will be able to give you advice on the case. An experienced attorney will know all the ins and outs of a case like yours, and they will be able to give you the honest and aggressive advice you need.

There is no reason why living in a state with a policy of “at-will” employment should mean that you have your rights, or the law of the land, violated. If you have been discriminated against, or feel like you have been illegally fired, you have the right to recourse through the legal system.

This is where the qualified lawyers of Henn, Haworth, Cummings, & Page can help. Make an appointment today and see if you have a case against your employer. We’ll evaluate the information you provide and see if we can work together to gain justice. Your first consultation is free!

How To Get Your Medical Bills Paid After An Injury

After you’ve been injured in an accident, or due to someone else’s negligence, you’ll need to receive medical treatment for the injuries sustained. There’s bound to be a lot of confusion around the circumstances, but one question remains clear… how will you pay for that treatment?

The answer to that question depends on the specifics of the injuries. Were you hurt in a car accident? Did you get injured on the job? Was it a dog bite? Were you the victim of a product malfunction or a slip and fall accident? Each scenario is different and has its own rules and regulations. When and where you got hurt will determine your best course of action when it comes to paying medical bills.

Injured At Work

When you’ve been injured at work, chances are your employer’s workers’ compensation coverage will cover medical treatment for your injuries. Certain procedures must be followed when you make a workers’ comp claim.

As soon as you are aware of the injury, let your employer know, and ask to see a doctor or treatment. It’s important to do this right away and be seen for evaluation. You may have to see a doctor other than your own. Don’t miss appointments or your claim may be denied. Follow all the doctor’s instructions, or you may also find that your claim is denied.

long with having medical treatment paid by workers’ comp, you are also eligible to get wage replacement benefits if your injuries keep you out of work for more than seven days. You should get guidance from your employer, but it might be a good idea to consult with an attorney to make sure that you’ve got all your bases covered.

Once you have made as much healing progress as is possible and can return to work, your workers’ comp payments stop. If you are not able to recover from your injuries, and will not be returning to work, a Permanent Partial Impairment benefit is determined, and you become eligible for those benefits.

The workers’ compensation program is a good system for those who are injured on the job in Indiana but make sure that you follow all the guidelines to ensure coverage and benefits when you need them. Adhering to the rules and stipulations is very important if you don’t want to jeopardize your case.

Injured In A Motor Vehicle Accident

If you’ve been injured in a motor vehicle accident in Indiana, you will be eventually reimbursed for your medical treatment when your case is settled. To keep your bills from going into collections, you should use the following options to keep payments up to date:

  • Use the medical payments coverage through your auto insurance. Check your policy and have a clear understanding of what those limits are.
  • Health Insurance – Your health insurance may cover any treatment that you need as a result of the accident.
  • Medicare or Medicaid – If you do not have health insurance, Medicare or Medicaid may give you coverage for your treatment.
  • Payment Arrangements – If you do not have coverage of any kind, arrange with your doctor to pay them from your settlement.  You might want to plan to make payments to keep the account from going to collections.

Keep in mind that an Indiana motor vehicle accident claim has a lot of moving parts, mostly because there is a policy of comparative fault in Indiana, where it may not be one person held 100% responsible for the car crash. This policy can cause a wide variance in how much you get paid.

General Injuries Not Sustained At Work Or As The Result Of A Car Accident

Whether you are the victim of a slip and fall premises accident, a product liability claim, or even a dog bite accident, the procedure is the same. You will not typically be reimbursed for medical bills until after your lawsuit is settled.

You should work out a payment plan for any amount that your health insurance, Medicare, or Medicaid doesn’t cover. Instead of accepting a payment plan, your medical provider may place a lien on your settlement, which means that they will get paid before you receive the proceeds from the case. The amount you owe your health care providers will be deducted from your settlement amount before you receive it.

Pay Attention To Filing Deadlines

In the city of Greenwood and throughout the state of Indiana, the statute of limitations is two years from the date of the accident to file a lawsuit in civil court. For this reason, you want to contact an attorney as soon as you can after the injury.

The only exception is if you are filing a claim against a local (city/county) government or a state government agency. The statute of limitations for bringing claims against the local government is 180 days, and the statute of limitations for filing against a state government agency is 270 days. So, if you need to file against one of these government agencies, do not hesitate to get started on your claim right away.

Do You Need An Injury Lawyer’s Help If You’ve Been Injured?

At Henn, Haworth, Cummings, & Page, our personal injury attorneys have a great deal of experience helping individuals like yourself recover financially from these incidents. They know the best course of action, and the proper steps you should take to get your medical bills paid, based on the time and place of your injuries.

Most people do not have a great deal of knowledge in this area, because it typically does not happen all the time. It’s important to find a lawyer that you know you can depend on to protect your interests in cases of personal injury like this. Having someone in your corner that knows all the best practices can certainly give you peace of mind.

We invite you to call today and make an appointment for a free consultation with the law firm of Henn, Haworth, Cummings, & Page. We are ready to help you open a case, fight for your rights, and work with you until we have earned you maximum compensation for your injuries.

What Are The Rights Of Passengers In Greenwood Car Accidents?

Usually, when we see a discussion about rights and responsibilities after a motor vehicle accident, the focus is on the drivers that are involved. But what if you are a passenger in a vehicle that is involved in a crash? Do you have responsibilities? What about your rights as a passenger? What do you need to consider if you have been in an accident as a passenger in a vehicle?

Who Is Responsible For Paying For Your Injuries As A Passenger?

Typically, it is the at-fault driver that will be responsible for paying for your injuries when you are a passenger in a motor vehicle that is involved in an accident. There are some exceptions, of course, and they are outlined below. If the at-fault driver does not have sufficient insurance, your uninsured motorist insurance coverage will cover your injuries.
It may not always be apparent who the at-fault driver is, and sometimes this is hotly debated between lawyers and insurance companies.
The difficulty may arise when the insurance company disputes your accident claim. They may even find you partially or fully negligent in the crash.

Are There Situations In Which You Cannot File A Claim For Damages?

If the at-fault driver is the driver of the vehicle that you were a passenger in, you may be limited in the amount of the claim you file. Indiana Code 34-30-11, which is also called the “Guest Statute,” dictates that you cannot file a claim against a sibling, parent, child, spouse, or any person that picked you up (such as a hitchhiker) and gave you a ride without receiving payment.
There is an exception to this statute which occurs if the driver is found guilty of “wanton or willful misconduct” while operating the motor vehicle.

What Happens If You Can’t File A Claim?

If you are unable to file a claim, either because of the Guest Statute or because you have been charged with contributing negligence to the accident, your uninsured motorist coverage or your medical healthcare coverage will provide payment for treatment.

What If It Is Determined That You Contributed To The Accident?

In the state of Indiana, when you file a claim as a passenger, your behavior will be examined. Were you wearing your seatbelt? Were you distracting the driver? Did you know that you were entering the car and accepting a ride under unsafe conditions? Was the driver of the vehicle impaired? Did you seek immediate treatment after the accident? If not, insurance companies may be suspicious of your injury claims.

Indiana is a comparative fault state, so it may not be an open and shut case as to who is at fault. Any award you receive for injuries sustained may be reduced if you are found to be partially responsible for the accident.

What Does A Policy Of Comparative Negligence Mean To You As A Passenger In An Accident?

When a determination is made between the auto crash lawyers and insurance companies involved in settling a case, each of the parties is assigned a percentage to which they are to blame for the accident. Although it is unusual for a passenger to be assigned fault for a crash, please know that it does and can happen.

Some examples of this would be if you were distracting the driver, causing the driver physical harm, jerking the wheel and taking control from the driver, or causing them to be distracted with a mobile device.

Usually, as an example, if you are found to be twenty percent negligent, your claim amount may be reduced by twenty percent. If the driver of the car you were in is found to be partially at fault, and that person is a close relative, your ability to file a claim may be reduced due to the guest statute. As always, it is best to speak with a Greenwood traffic collision law firm to learn your best options.

What Are The Basic Rights You Have As A Passenger Involved In A Motor Vehicle Accident In The State Of Indiana?

Although it is clear that you have some safety responsibilities as a passenger in a motor vehicle, here are some rights you are entitled to as a passenger. They are as follows:

  • The right to be compensated fairly for damages
  • The right to consult with an attorney to explore your legal options after the crash
  • The right to capture photos at the scene of the accident and to collect names of the witnesses who are present
  • The right to seek medical care and treatment for injuries sustained in the accident
  • The right to collect accurate information on all drivers and their insurance companies after the crash
  • The right to assume that other drivers will use caution to avoid accidents

What Is Your Best Course Of Action?

As you can see from our discussion here, in the state of Indiana, it is not always a clear-cut case of who is responsible after you have been injured in a car crash. It’s possible for more than one driver to be at fault, and it is possible that you might be charged as a passenger with contributing to the accident.

You will no doubt receive lots of advice and opinions from friends, relatives, and co-workers after the motor vehicle accident. The most important thing you can do if you have been involved in an accident as a passenger is to meet with a car crash attorney that has a great deal of experience with motor vehicle accidents.

You can call today and schedule an appointment with the Greenwood car accident lawyers of Henn, Haworth, Cummings, & Page. There is no charge for your initial consultation, and we are here to help guide you through the process. Being involved in an accident is always a hassle. When you’re not sure how to proceed or what your options are, you need the kind of help and advice that the auto accident attorneys of Henn, Haworth, Cummings, & Page are known for. Call us today to learn more.