Am I exempt?

Work in Indiana- 60 hours a week avg. In an office setting. Not paid overtime, but am not paid for days off after vacation/sick time is used up. Am definately not management. Is this legal?

Asked on May 18, 2009 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In Indiana for each hour worked over 40 hours, pay should equal at least one and a half times the employee’s regular rate of pay.  There are numerous exceptions to this and you may or may not fall into one of them.  You would really have to give more of a job description for me to know.  If, however, the law does applies in your case, you may have a claim under the Fair Labor Standards Act (FLSA) or the Indiana Wage Claims Act (IWCA). 

The FLSA requires that every employee receive at least a federally mandated minimum wage, as well as overtime pay any time you work more than 40 hours per week. There are also provisions for paid family leave in some situations. The IWCA entitles you not only to the back wages you are owed, but also to a penalty and attorney's fees.  This means that if you win your case, you can get up to three times what you were originally owed and your employer pays for your lawyer.

Again, without knowing the exact circumstances of your employment is hard to say for sure.  But you may have a claim here.  It might well be worth your while to speak to an attorney about this.  The initial consultation will probably be free.


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