Indianapolis Wage and Hour Attorneys
When it comes to wages in the United States, all workers enjoy a broad range of legal protections. These protections are afforded through both state and federal laws and range from more minor issues, such as when a final paycheck is due to an employee, to major ones, such as properly paying overtime compensation. Unfortunately, however, there are many circumstances in which employers fail to fully comply with the laws, or even actively choose to violate legal requirements. This illegal and unethical behavior can have a substantial impact on workers’ lives, both personally and professionally.
Your job is usually the only means you have to support yourself and your family. Do not let an employer’s unfair or illegal payment practices go unpunished. We can help you effectively combat such treatment, and we firmly believe that employers should be held accountable for their actions. We are here to help you stand up to your employer and get the justice and compensation you are owed.
The Indianapolis wage and hour attorneys at the Hankey Law Office represent employees dealing with a wide range of wage payment issues. Call us at (317) 634-8565, chat with us live on our website, or fill out the contact form to schedule a consultation with a member of our team today.
Our Primary Practice Areas
- Overtime Claims – Employers often violate the Fair Labor Standards Act, which says that covered workers are entitled to time-and-a-half for all hours worked over 40 hours in a single week. Employers often violate this by not paying hourly employees overtime, or not paying a salaried employee overtime when their salary falls short of specific minimum requirements.
- Wage and Hour Disputes – There are federal and state laws to regulate the level of compensation for workers. If you have not been compensated fairly, including failure to pay, minimum wage violations, or overtime violations, we have the experience and resources to recover compensation in any wage and hour dispute.
Frequently Asked Questions
Is my employer required to pay minimum wage and/or overtime?
Most Indiana employers and employees are covered by the minimum wage and overtime laws of the federal Fair Labor Standards Act. However, those that are not covered under the federal law might still be covered under the Indiana Minimum Wage Law.
What is the overtime law?
The federal Fair Labor Standards Act and the Indiana Minimum Wage Law generally require employers to pay employees 1 ½ times their regular rate of pay when employees work more than 40 hours in a single workweek. However, there are many exceptions to these laws. If you believe you have not been properly paid overtime, we recommend consulting with our office right away to protect any rights that may be available to you.
I’m a waiter/waitress and earn tips, is my employer still required to pay me minimum wage?
Employees that receive tips must be paid at least minimum wage. The employer is required to pay a base hourly wage of at least $2.13 an hour. If the employee does not receive a rate of pay at least equal to the minimum wage once the tips received are added to the hourly rate, then the employer must pay the employee the difference. If the employee earns equal to or more than the minimum wage per hour once adding in the received tips to the hourly rate, then the employer has met their obligations under the laws. An employee is considered a “tipped employee” when they are engaged in an occupation where they customarily and regularly receive more than $30 per month in tips.
Can minors (under age 18) be paid less than minimum wage?
Employees that are under 20 years of age may be paid a “training wage” of no less than $4.25 per hour for their first 90 consecutive days of work. After that period of time, the minor employee must be paid minimum wage. It is unlawful to terminate a minor’s employment for the sole reason of avoiding the requirement to pay the full minimum wage amount.
What is Considered “Work Time” Under Wage and Hour Laws?
An employee must be compensated for any work that the employer assigns to an employee. Travel, waiting time, on-call periods, training, and other issues can be very complicated and at times, confusing, so it is essential to contact an experienced member of our team today to determine if you might have a case when you feel that your employer is not correctly compensating you for all of your time on the job.
I no longer work for my employer, when is my final paycheck due?
Final wages must be paid on or before the next regularly scheduled payday on which the employee would have normally been paid had the employee remained working for the employer.
I didn’t get paid, what should I do?
First of all, ask your employer why you did not receive your paycheck and keep any documentation of their response. If the employer continues to refuse, you can file an Application for Wage Claim with the Indiana Department of Labor and/or consult with a private attorney about your rights and the best way to recover your pay.
What kind of compensation am I eligible for?
If you have experienced a wage violation, you may be entitled to compensation for lost wages, overtime pay, and other financial restitution. Naturally, each and every case is different, so only an experienced wage and hour attorney can tell you what your case may be worth.
Do I need a lawyer?
It is often difficult to know all of your rights as an employee. A wage and hour lawyer can help you fully understand your rights and can help you determine if your employer has violated your rights. Although there are many laws in place to protect employees from unfair or illegal treatment from their employer, employees often do not know how to combat unfair treatment when it happens to them. For this reason, it is often necessary for workers who have experienced illegal treatment at the hands of their employer to seek experienced legal representation in order to obtain the justice they are seeking.
Why choose the Hankey Law Office to handle my case?
At the Hankey Law Office, our team has a comprehensive understanding of the wage and hour laws, and with over 75 years of combined experience, we have the knowledge and resources you need on your side.
Our lawyers are committed to ensuring that every client of ours receives the compensation and justice they deserve. We know all-too-well the tactics that employers and their team of attorneys will use to try and diminish or dismiss your claim, and we are ready to combat these tactics with a strong and compelling case.
At the Hankey Law Office, our legal team understands just how damaging it can be to a worker’s life when their employer violates their payment rights under the law. Therefore, we are committed to helping workers in this challenging position fight against this type of treatment.
I want to hire the Hankey Law Office, what are the attorney fees?
The Hankey Law Office accepts claims for representation on a contingency fee basis, meaning we will not charge you a fee until we successfully recover for you. Our initial consultations are free of charge.
Hankey Law Office Will Stand Up for You
Our legal team at the Hankey Law Office believes that the victims of illegal treatment at the hands of their employers deserve to be compensated. If you have been subjected to such undue treatment, call (317) 634-8565 today to learn more about what steps you can take in this situation and how you can fight back against the parties responsible.
For a free review of your wage issues, please complete and submit our Online Employment Case Inquiry Form. Once submitted, your information will be personally reviewed by one of our experienced attorneys. Please be aware that submitting this form does not create an attorney-client relationship.
We will contact you within two business days if we believe you may have a viable claim.