Hensley Legal Group Is Here to Fight for Your Paycheck
If you work overtime, you should be paid accordingly. Plain and simple.
Overtime is any work after a person has already worked 40 hours in one work week. The Fair Labor Standards Act (FLSA) and overtime laws require most employees earn 150 percent of their hourly rate for any overtime. This increase in pay is commonly referred to as “time and a half.”
Unfortunately, not everyone gets the compensation they deserve. An Indiana wage and hour attorney can fight for your right to your hourly rate and your overtime.
John Hensley and his team of Indiana wage and hour attorneys help employees across the state get the compensation they deserve for their work. Contact us today for a free conversation about your claim.
Do You Have an Overtime Claim?
If you’re wondering if you have a claim for wages or overtime, consider the following questions:
- Have you worked more than 40 hours a week in the last three years?
- Are you paid an annual or monthly salary, or are you paid by the hour?
- Have you been paid for your overtime work? If so, was your overtime hourly rate 50 percent greater than your normal hourly rate?
- What are your job duties?
If you’re having trouble answering the above questions, that’s okay. Every job is different, and you may find it difficult to determine which rules apply to your specific situation.
In addition to overtime law, there are other wage and hour laws that protect employees from being unfairly compensated by their employers. If any of the following scenarios sound like you, an Indiana wage and hour attorney may be able to help.
Types of Claims
Violet’s hourly rate at her last job was $8.00. She routinely worked more than 40 hours a week, but her rate never exceeded $8.00 an hour. For every hour Violet worked in excess of 40 in any given week, Violet should have received time and a half.
Emily’s last employer paid her cash “under the table.” Emily worked 40 hours a week and her employer would pay her $250 per week in cash. Her hourly rate, then, was only $6.25, well below Indiana’s minimum wage of $7.25.
Also, because Emily’s employer paid her under the table, he didn’t pay payroll taxes, workers’ compensation insurance, or unemployment insurance. None of Emily’s paycheck went toward Social Security taxes, so if Emily ever became too disabled to work, she likely wouldn’t be eligible for disability insurance benefits (DIB).
Emily should have been paid minimum wage, and her employer should have paid her legally and paid the necessary taxes.
Tony was terminated from his job and never received his final paychecks. His former employer failed to pay him for his last two weeks of work. Tony should have received pay for his work even though he was terminated.
Marco was paid $1.50 for each widget he assembled and was guaranteed to make at least $7.25 an hour to meet the state’s minimum wage. Marco worked more than 40 hours a week, but his employer did not pay him more than $1.50 per widget for the widgets he made after he had hit 40 hours.