You Deserve To Be Compensated Fairly For Your Work
Overtime pay is granted under the Fair Labor Standards Act (FLSA), which has been in effect since 1938, yet some employers may willfully or unintentionally violate their employees’ rights.
At Cleveland Lehner Cassidy, we help Indiana workers hold employers accountable for recovery of unpaid overtime and other wage and hour violations. We can help you understand your rights under federal and state law. When you take advantage of our free consultation, our Indianapolis labor law attorneys will listen to your situation and explain your options. We have helped other clients reach agreeable settlements and favorable outcomes in trials.
Common Wage And Hour Violations
Under federal law, nonexempt employees must be paid time-and-a-half for any work beyond eight hours in a workday or 40 total hours in a workweek. If you were undercompensated once or twice, you may not have a claim for wage theft, but if your employer has repeatedly or systematically shorted your paychecks it could add up to thousands of dollars in back pay you are owed. Our lawyers will aggressively pursue your unpaid wages, plus interest and penalties (if applicable) and attorney fees.
Common wage theft schemes and violations of the FLSA include:
- Misclassifying hourly employees to avoid paying overtime
- Paying normal rates (straight time) for overtime hours
- Mandating off-the-clock work without pay
- Requiring employees to work through breaks and meals without compensation
Are You Entitled To Overtime Pay?
Even if your employer says you’re not entitled to overtime pay, you may in fact be eligible. Overtime pay for you is an extra cost to your employer for your labor. That means unscrupulous business owners or managers may be inclined to skirt the law and misclassify you as an exempt employee ineligible for overtime pay. Exempt employees are those whose jobs can fall into four broad categories:
- Executive: These people are salaried and have a full-time responsibility to manage two or more employees. No more than 20% of time can be dedicated to other activities, or no more than 40% in a retail environment.
- Administrative: These people are exempt because their primary duties are non-manual labor related to business operations, training, and management policies. No more than 20% of time can be used for other activities.
- Professional: Professionals have advanced knowledge and extensive education. They can include artists, computer professionals and teachers. Discretion and judgment are key expectations of these roles and the nature of their jobs is primarily intellectual. As with the others, no more than 20% of time can be spent on other duties.
- Outside sales: These are employees who often make sales outside of an office. They can be paid salaries or commissions or a combination, but as with the others, they cannot spend more than 20% of their activity on unrelated tasks.
If none of the above are familiar to your job, you may be incorrectly classified as an exempt employee. Nonexempt employees are those who work hourly and are entitled to overtime and whose jobs don’t fall within the above categories.
Are you a public employee? We represent many police officers, court personnel, school employees, maintenance workers and other public sector employees (including federal employees) who have been denied their rightful compensation. Our attorneys can help you navigate the bureaucracy to get your paychecks or nonexempt status corrected and obtain any back pay you are owed.
Find Out If You Have An Actionable Claim
Even if your employer did not intend to commit a wage and hour violation, you still deserve to recover the unpaid wages you are owed. You have the right to be paid for your work, and you have a right to request what you are owned without fear of retaliation. For powerful representation in your wage theft case, our employment law attorneys can help you.
If you believe you’ve been misclassified or unfairly deprived of pay, reach out to a wage and hour law attorney at Cleveland Lehner Cassidy for help. Call 317-953-2600 or contact our law firm online for help today! Based in Indianapolis, we represent employees throughout the state of Indiana.