Indiana labor laws were created to protect employees from misconduct by employers. The laws make sure that employees are paid fairly and have all the benefits to which they are entitled. They are also designed to stop employers from breaking any federal or state laws that would hurt employees.
These laws outline what rights are available to employees and how they can exercise them. If you are concerned about not being protected on your job, you should contact a local lawyer to determine your rights.
The Difference Between Part-time vs. Full-time in Indiana
Indiana doesn’t have enough time to work to be considered full-time or part-time. Thus, it is up to each company to set how many hours an employee must work to be part-time or full-time.
Most companies hold that 40 hours per week is full-time and less than part-time. Employees should contact their Human Resources (HR) department to determine whether they are considered full-time or part-time. They can also look at their employment contract if they have one, or at a company employee handbook.
Part-time employees are typically presented with different (more limited) options in terms of benefits and other rights compared with full-time employees. For instance, part-time employees may not always have access to medical and dental coverage, paid days off, and other benefits. These, however, may be subject to negotiation and agreement between the worker and their employer.
How Does Minimum Wage and Overtime Work in Indiana?
The minimum wage in Indiana is $7.25 per hour, the same as the federal minimum wage. For tipped employees, the minimum wage is $2.13 per hour. However, if this tipped minimum wage, plus the tips earned, does not add up to the full minimum wage for the state, then the employer is required by law to make up the difference. For employees under 20 years old, during training, the minimum wage is $4.25 for the first 90 days.
Regarding overtime pay, Indiana follows the federal Fair Labor Standards Act, which requires that employees be paid 1 ½ times the regular pay rate if they work more than 40 hours per week.
Indiana also allows for mandatory overtime, so an employer can demand an employee work as many hours as the employer needs them to.
A common legal dispute in this regard is the employer withholding overtime pay for an employee or employees. They may face legal consequences if the employer doesn’t pay them the full amount for their overtime work. In many cases, if there is a violation involving one employee, similar violations may affect other workers. A class action lawsuit might be needed in such cases, especially for larger companies with many employees affected by the same legal issue.
What Happens if You Are Not Paid Correctly?
In many cases, the issue with a paycheck involves the miscalculation of the number of hours the employee has worked or a mistake regarding an employee’s pay rate. In other cases, the amount paid might not be correct because of an oversight, error, or intentional mispayment.
In these situations, a wage and hour lawsuit may be necessary. These types of claims allow the courts to review the situation and determine the appropriate remedy for the employee.
If many workers have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, several people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.
A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your own personal lawsuit. By uniting your claims with those of your co-workers, you will share all of the costs of bringing a lawsuit with the group members.
Are Employers Required to Offer Health Benefits in Indiana?
Indiana does not have any health benefits laws. Instead, it relies on the federal Affordable Care Act (ACA) The ACA requires that employers with 50 or more full-time employees and which operate in multiple states provide at least 95% of their full-time employees with health insurance.
This plan must cover at least 60% of typical health costs. If the company you work for has less than 50 employees, then it is up to the company to decide if it wants to offer health insurance. Most often, part-time employees do not receive any health benefits.
Does Indiana Labor Law Offer Paid Time Off?
Indiana does not require that employers offer paid time off to any employee.
Moreover, Indiana has no state law about medical or family leave. Instead, it follows the federal Family and Medical Leave Act (FMLA), which covers employers that employ 50 or more employees and conduct business in multiple states.
Under the FMLA, an employee is eligible for up to 12 weeks of unpaid leave, medical and health benefits during that leave, and the right to go back to their job when they return. FMLA applies to workers who have worked at least 1,250 hours over 12 months, covering full-time and part-time employees.
How Does Indiana Handle Employment Discrimination?
National law provides that employees working for businesses that have at least 20 employees cannot be discriminated against because of their race, age, color, religion, gender, genetic information, national origin, disability, or citizenship status.
If an employer has discriminated against you, you can file a complaint with either the Equal Employment Opportunity Commission or the Indiana Civil Rights Commission. Either agency will investigate your claim and, if the agency finds there has been discrimination, will take action against the employer on your behalf. There are several time limits you should be careful about. Speak with a local lawyer to find out what they are.
Some common discrimination claims include:
- Discrimination of a Protected Class: discrimination based on age, race, sex, gender, religion, or association with any other of the legally recognized protected classes noted above
- Discrimination Based on a Person’s Pregnancy Status: The employer also cannot discriminate based on pregnancy-related issues, such as medical conditions connected with the pregnancy or the need for time off after the birth
- Disability-Based Discrimination: employers can’t discriminate against someone based on a medical condition or legally recognized medical disability. They must also provide accommodations for persons who have such disabilities. This includes wheelchair ramps, accessible bathrooms, and other provisions.
The state also protects employees from retaliation from the employer for filing a discrimination claim. For instance, if an employee files a discrimination claim with the Indiana Civil Rights Commission, the employer cannot take action against them just because they filed the claim. For instance, they cannot:
- Fire the employer
- Reduce their wages
- Take away their health benefits
- Punish the employee for filing the claim
If the agency with which you filed does not take action against the company, then you can sue your employer.
Where Can I Find an Indiana Lawyer to Help Me?
You should never accept being denied your rights by your employer. If you are concerned that you are being prevented from enjoying your rights as an employee, contact an Indiana labor lawyer today.
A lawyer can help you understand just what your rights are and how you can ensure that your employer is respecting your rights. Your attorney can provide legal advice and guidance for your case.
