An Indiana unpaid overtime lawsuit may be an option for employees who worked hours beyond a normal workweek and did not receive overtime compensation. In the United States, eligible workers are guaranteed overtime compensation for hours worked beyond a 40-hour workweek. Some employers, however, may try to avoid paying overtime by misclassifying their employees as independent contractors. If an employee feels that they have not received the overtime compensation that they are due, an Indiana unpaid wages attorney may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for Indiana today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated Indiana unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
Overtime is time worked in addition to normal working hours. Under the Fair Labor Standards Act (FLSA) and the Indiana Minimum Wage Law, eligible employees in Indiana must receive one and one-half times their regular rate of pay for hours worked beyond 40 hours.
Who is Eligible for Overtime Compensation?
The majority of employers and employees in Indiana are covered by the minimum wage and overtime provisions of the FLSA. Under federal law, employees who make less than $23,600 per year ($455 per week) are eligible for overtime pay. There are, however, many exceptions to the overtime pay requirements of both federal and state law.
Employees explicitly exempted from overtime pay under the FLSA include:
- Workers employed in bona fide executive, administrative, professional and outside sales positions
- Certain commissioned employees of retail or service establishments
- Some auto, truck, trailer, farm implement, boat or aircraft salespeople
- Some auto, truck, or farm implement parts clerks and mechanics
- Railroad and air carrier employees, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans
- Announcers, news editors and chief engineers of certain non-metropolitan broadcasting stations
- Domestic service workers who reside in their employers’ residences
- Employees of motion picture theaters
- Farmworkers
- Computer systems analysts, computer programmers, software engineers or other similarly skilled worker in the computer field
- Highly compensated employees paid more than $100,000 or more per year
Job titles do not determine exempt status; an employee’s specific job duties and salary must meet all the requirements of the United States Department of Labor’s regulations.
Do I Get Overtime If My Employer Calls Me an Independent Contractor?
Independent contractors work for themselves and are not covered under the FLSA. According to the FLSA, factors considered when determining an employment relationship include:
- The extent to which the work performed is an integral part of the employer’s business
- Whether the worker’s managerial skills affect his or her opportunity for profit and loss
- The relative investments in facilities and equipment by the worker and the employer
- The worker’s skill and initiative
- The permanency of the worker’s relationship with the employer
- The nature and degree of control by the employer
An employer cannot call an employee an independent contractor because the want to do so. If an employee is misclassified as an independent contractor, they may be able to pursue an unpaid wages claim for overtime compensation and back wages with the help of an Indiana unpaid wages attorney.
How an Indiana Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
The Time You Have to File a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group for Indiana. You can fill out the form on this page or contact us by phone or email.
After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.
