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Entitled to overtime pay but not receiving it

Not all Indiana workers receive overtime pay when they are entitled to it. Their employers may either not understand the law or have chosen not to follow it.

Under the Fair Labor Standards Act, most American workers are entitled to overtime pay of time-and-one-half their regular rate of pay. Find out if you should be receiving overtime pay.

Who is entitled to overtime pay?

Under the FLSA, most workers except for certain job classifications are entitled to overtime pay. Those "exempt" job classifications include administrative, executive, professional, and inside sales workers.

Your job classification is determined by the majority of your job duties, not by your job title. For example, your employer may call you a manager when in fact the majority of your job duties do not fit the FLSA definition of a managerial position.

Employers may also try to avoid the requirement to pay overtime by:

  • Asking employees to work off the clock
  • Not paying workers for prep time or cleanup time
  • Not paying workers for times when they are on call
  • Paying employees a salary (even though how you are paid does not make a difference in whether you are exempt from the overtime requirement)

The differences between workers who are entitled to overtime pay and those who are not are subtle, and only an experienced employment law attorney can advise you if you should be receiving overtime. If you are entitled to overtime and your employer is not paying it, you could be entitled to compensation.

The Employment Law Office of John H. Haskin & Associates, LLC, in Indianapolis offers a free and confidential consultation to evaluate your job and determine if you may be eligible for overtime.

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