Foley & Small represents employees who have not been paid the wages and salary due them by their employer. There are federal and state statutes and regulations, which control the payment of wages, salary and benefits and control working condition requirements.
The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. The federal minimum wage provisions are contained in the FLSA. The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. Indiana’s minimum wage follows the federal standard. Some states have a minimum wage law higher than the federal standard. The federal overtime provisions are also contained in the FLSA. Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the FLSA on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
Generally, employers must pay tipped employees at least $2.13 per hour if the employer claims a tip credit. If the employee’s tips combined with the hourly wage do not equal the minimum wage, the employer must make up the difference. Indiana employers may pay $4.25 per hour to employees under 20 years of age for the first 90 consecutive calendar days after the employee is first employed.
The FLSA applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department of Labor’s regulations.
Indiana Wage Statute requires employers to pay their employees on a timely basis. If an employer fails to do so, the employee can recover up to twice the wages due and the attorney’s fees incurred in the effort to obtain payment of the wages due. Wage recovery is not limited to the wages or salary due, but also includes payment of vacation pay, bonuses and commissions.
Foley & Small has represented individual employees and groups of employees who have not been paid the wages or salary due them. If we can help you or your family, please contact us by clicking on the link at the top right of this page for a live chat with a member of our staff or email us from our Contact page. You can also call us at 800-276-2525.