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What is the overtime law?

The overtime law generally refers to the Indiana Minimum Wage Law and the Fair Labor Standards Act, which obligate employers to pay 1.5 times the regular hourly wage for each hour that employees work longer than 40 hours in a week. The FLSA covers most employees, and those who are not covered under the federal law are covered under the state law.

However, when an employer and employee are bound under a collective bargaining contract or agreement, the requirement to pay overtime may be different than that under the FLSA and state wage law. Instead of paying overtime when employees work longer than 40 hours in a single work week, the contracts could state that employers must pay overtime when employees work more than eight hours in a single work day.

Unless otherwise stated in collective bargaining contracts, Indiana employers have the right to set employee work hours as they see fit, which might require employees to work more hours. There is also no law that prevents employers from making employees work longer hours at the last minute, and there is no law the limits the number of hours that employees work in a single shift, unless they work in an industry, such as the trucking and transport industries, that implements separate work-hour regulations for safety purposes.

If an employee believes that an employer is not paying the overtime that is owed, the employee could file an unpaid-wage claim. The claim can be filed directly with the Wage and Hour Division of the U.S. Department of Labor. Employees who need help with filing claims may contact the federal or state Department of Labor. Since the circumstances of employment are different for every employer and employee, the workers could contact private lawyers to find out more about their rights and determine the best course of action for their particular situation.

Source: IN.Gov, "OVERTIME", October 24, 2014

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