Indianapolis Overtime Claims Attorneys
Under the Fair Labor Standards Act, covered workers, unless they are exempt, are entitled to time and a half pay for all hours worked over 40 in a workweek. For example, if a worker is paid $10.00 an hour, they should be paid $15.00 an hour for all hours worked over 40 in a workweek.
At times, employee misclassifications can be to blame for a failure to compensate employees properly for overtime work. Employee classifications determine the legal standing of the worker with respect to the company. Classifications determine whether a worker is considered an independent contractor or an employee, as well as their exempt or nonexempt status. If an employer does not pay an employee in accordance with their classification, the employee can take legal action to rectify the situation. Additionally, if an employer has misclassified an employee, the employee can fight to make sure that their classification and pay is commensurate with their job duties.
The attorneys at Hankey Law Office understand that fighting for your rights as an employee can be a complicated and intimidating task. We are dedicated to helping people in our community pursue the resources they need to support themselves and their families. If you need the guidance of a skilled employment lawyer, contact a member of our team today at (317) 634-8565.
Do I Need an Overtime Claims Lawyer?
If an employer has neglected to pay you the full amount that you deserve, they may not have done it knowingly. When this happens, and employees aren’t properly compensated for the work that they have completed, tracking the time worked and the amount that needs to be paid can be complicated. An employment lawyer can be incredibly helpful in tracking the details and presenting them to your employer.
Hard conversations with employers can be tricky, especially if you are trying to fight for the pay that you are owed while maintaining a good working relationship with your manager or place of employment. A skilled attorney can help make a clear case, establishing the legitimacy and legality of your claim and, ultimately, helping you receive compensation for the work that you have already done.
In instances where employers are knowingly underpaying employees or denying them overtime, they need to be called out. Hiring a lawyer to represent you will help ensure that the issues you are having with your employer won’t happen again to you or any other employee.
The importance of keeping employers accountable to their employees cannot be overstated. Employers have a certain amount of power over their employees, and because of this, they should be held to a high standard. Employers should never take the services that their employees provide for granted, but if they do, the legal prowess and skill of an employment lawyer can set the record straight.
Why Choose Hankey Law Office to Handle My Case?
The attorneys at Hankey Law Office understand how frustrating it is to fight for the money that you have already worked for. We partner with our clients to gather the facts of each situation and act on their behalf. Our skilled team has over 75 years of combined experience fighting for the Indiana community. The dedication and determination of fellow workers in our community inspire our team to work that much harder.
Our founding attorney Charles Hankey has been fighting for the interests of Hoosiers since 1973. In recent years, he was named to the “Top 100 Litigation Lawyers” in the State of Indiana and is an active member of numerous legal organizations, some of which include the American Association for Justice, the Public Justice Foundation, the American Bar Association, and the Indianapolis Bar Association.
Hankey Law Office is dedicated to helping Hoosiers when they need legal support the most. Even if you have a good working relationship with your company, these conversations can be uncomfortable, and the assistance of a lawyer can give you the edge that you need to receive your payment. If your employer has failed or actively refuses to pay you what you deserve, we are ready to fight for you. Our employment lawyers will step in to help you recover payment and reset important expectations with your employer.
Who is an Exempt Employee?
Generally, to be an exempt employee, the employee must be paid on a salary basis, be paid a minimum salary amount, and perform certain job duties. These job duties typically fall under the categories of executive, professional, and administrative. Your specific job duties will determine whether you fit within one of these exempt job classifications.
Unfortunately, employers violate the federal Fair Labor Standards Act in many ways. Some of the most common violations include:
- Not paying an hourly employee overtime
- Paying an employee “straight time” for all hours worked over 40 in a workweek; for example, a worker is paid $10.00 an hour, and they are wrongly paid only $10.00 an hour for all hours worked over 40 in a workweek
- Not paying a salaried employee overtime, when the employee’s salary amount falls below the minimum requirement
If you believe you have been a victim of any of these overtime violations, contact Hankey Law Office for assistance.
How Do Employee Misclassifications Affect Overtime Pay?
The FLSA classifies employees as either exempt or nonexempt. Nonexempt employees are eligible for overtime if they are asked or required to work for a period of time that exceeds the terms of their employment. For most full-time nonexempt employees, this is typically 40 hours.
Two factors influence if an employee is considered exempt or nonexempt and include both salary and job duties. Exempt employees are not eligible for overtime pay. In order to be considered exempt, the job must hit a certain salary threshold and must have more responsibilities.
The duties of an exempt employee typically include the following:
- Supervising other employees regularly
- Operating in a management position
- Making decisions about employee job duties and hiring status
As an employee, you may have a title that would typically be classified as exempt. However, if you are not performing the duties that the FLSA considers to be duties of exempt workers, then you may be eligible for overtime pay. If you have been misclassified, your employer may not be paying you overtime pay that you are owed.
Contact an Overtime Lawyer in Indiana
At Hankey Law Office, we are prepared to help anyone in Indiana who has been wrongfully denied overtime compensation. Our team understands the value of your work. Additional time and effort spent at work should be compensated accordingly. When Indiana employers aren’t held accountable and made to pay their employees fairly, this sets a dangerous precedent for all Indiana workers.
If you have been denied overtime pay, our experienced employment lawyers are ready to work with you to make sure that you are armed with the legal resources that you need to pursue justice. If your employer asks you to work, they should be ready to pay you for the work that you complete. Whether you are looking to recover a large sum of money or not, you deserve fair compensation and we can help.
For a free consultation regarding your situation, fill out our Online Employment Case Inquiry Form, or call us at (317) 634-8565. When you submit this form, one of our experienced attorneys will promptly review your case. Please be aware that submitting this form does not create an attorney-client relationship.