Am I exempt?

UPDATED: May 18, 2009

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Am I exempt?

Work in Indiana- 60 hours a week avg. In an office setting. Not paid overtime, but am not paid for days off after vacation/sick time is used up. Am definately not management. Is this legal?

Asked on May 18, 2009 under Employment Labor Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In Indiana for each hour worked over 40 hours, pay should equal at least one and a half times the employee’s regular rate of pay.  There are numerous exceptions to this and you may or may not fall into one of them.  You would really have to give more of a job description for me to know.  If, however, the law does applies in your case, you may have a claim under the Fair Labor Standards Act (FLSA) or the Indiana Wage Claims Act (IWCA). 

The FLSA requires that every employee receive at least a federally mandated minimum wage, as well as overtime pay any time you work more than 40 hours per week. There are also provisions for paid family leave in some situations. The IWCA entitles you not only to the back wages you are owed, but also to a penalty and attorney's fees.  This means that if you win your case, you can get up to three times what you were originally owed and your employer pays for your lawyer.

Again, without knowing the exact circumstances of your employment is hard to say for sure.  But you may have a claim here.  It might well be worth your while to speak to an attorney about this.  The initial consultation will probably be free.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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