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Can an employer require overtime?

In the state of Indiana, an employer may require that a worker stay late or work additional unscheduled hours. However, an employer may not require workers to work overtime or stay late if it is forbidden by a collective bargaining agreement or any other contract. State law generally does not say how much notice an employee must be given if asked to stay late on a given day.

Employers may also ask that employees work on weekends, nights or holidays without any extra compensation unless stated in a written agreement. An employee who works more than 40 hours a week and is eligible for overtime is to be compensated at one and half times his or her regular rate of pay. In some cases, an employer may choose to pay an employee twice the regular hourly rate as an incentive to work during certain times of the week.

Some industries may have restrictions regarding when an employee may work. For example, those who work in the trucking industry may not be able to work longer hours depending on how many hours already worked in a given time period. Absent such restrictions, there are no laws that restrict how many hours an employee may work in a given shift.

Employees who feel that they have been paid less than owed may wish to take legal action against their employer. An employment attorney may be able to review a case to determine if wage laws have been violated. If an employer has violated wage laws, an employee may be entitled to back pay. Terminating an employee solely on the basis of complaints about wage violations is prohibited.

Source: Indiana Department of Labor, "Wage & Hour FAQs", January 04, 2015

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