Common Employment Questions

Should I be paid overtime if I work more than 8 hours in a single day?
Generally, the answer to this question is no. Federal and state laws only require overtime pay (time ½) be paid when an eligible employee works more than 40 hours in a single workweek. This may vary depending on any collective bargaining agreements (union employees) or written contracts that are in place. However, this would be on a case-by-case basis, as it is not a requirement under applicable state or federal laws.

What can I do if my employer did not pay me for work I completed?
The resolution might be as simple as asking your employer why you were not paid. Be sure to document any reasons your employer gives to you for its failure to pay you timely. If the employer still refuses to pay you, you have a couple of options.

You could choose to consult with an attorney to help you resolve this matter privately. Our office offers free consultations and works on a contingency fee basis. This means that we do not get paid until your case is resolved.

Your other option would be to file an Application for Wage Claim with the Indiana Department of Labor. This form can be found online, or you can visit the Indiana Department of Labor’s office. However, the Indiana Department Labor only handles cases that range from $30 to $6,000. If you believe you are owed more than $6,000 in wages, you should consult a private attorney about your rights and how to proceed.

Does my employer have to give me benefits? (sick days, vacation days, insurance coverage, etc.)
Generally, the answer to this question is no. There are no laws that require an employer to provide such benefits to employees. This may vary depending on any collective bargaining agreements (union employees) or written contracts that are in place. This would be on a case-by-case basis, as it is not a requirement under applicable state or federal laws.

However, if an employer does provide such benefits, an employee cannot be denied the same benefits due to his/her age, disability, race, color, sex, pregnancy, national origin, or religion. To learn more about these protected areas of discrimination, you can visit the Equal Employment Opportunity’s website.