What are an employees rights when it comes to OT eligibility?

I work at a factory that requires me to work 8.5 hours 7 days a week. They do offer OT on Saturday and double time on Sunday. However, to qualify for double time, I have to not miss less than 2 hours during the week and be present on Saturday. Also, I am allowed 4 points before they fire me. I have used 3 just to have a day off in between weeks to limit the physical toll on my body. I looked state labor laws online, and from what I see, they are breaking the law. Can they penalize me for using those points, and/or could I sue? Would I even have a case?

Asked on October 11, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Two different issues:
1) Overtime: you must be paid time-and-a-half if you are an hourly worker whenever you work more than 40 hours in a week, regardless of whether you missed other hours or days--all that is matters if you hit and exceed that 40-hour mark. If you do, you must be paid overtime (time-and-a-half) for all hours over 40. It is up to your employer if they choose to pay you even more than that (e.g. double time)--they may do this, but are not required.
2) You may be fired for missing work or calling out of work if your employer considers your absences excessive or unexcused. There is no law preventing or prohibiting this because, unless you have a written employment contract, all employment is "employment at will"--i.e. you may be fired at any time, for any reason.

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