INDIANA LABOR AND EMPLOYMENT LAWYER

Both the state of Indiana and the federal government have laws in place to ensure workers get compensated appropriately for their work. These laws include:

• Minimum Wage: The minimum wage in Indiana is $7.25/hour as of 2020, which matches the federal minimum wage. 
• Overtime: Eligible employees are entitled to time-and-a-half (1.5x regular pay) for all hours worked beyond 40 in a week.
• Leave: Employers in Indiana must comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave for certain individual and family medical situations.
• Breaks: In Indiana, employers are not required to provide lunch or rest breaks. However, if you work during a break, that time must be paid.

Despite these laws, some employers take steps to prevent their employees from receiving the pay and time off they deserve, such as:

• Paying workers less than the minimum wage
• Forcing tipped employees to pool their tips with non-tipped workers
• Misclassifying employees as exempt to avoid paying overtime
• Denying leave that’s guaranteed under the FMLA

If you’ve recently lost your job, you might be wondering whether your termination was lawful. In Indiana, like most states, employment is “at-will.” That means employers can generally terminate a work relationship at any time, with or without reason or warning. However, there are exceptions to the at-will rule which may constitute wrongful termination. For example:

• You were fired for a discriminatory reason
• You were let go in violation of an employment contract
• You were dismissed for taking time off for medical leave, jury duty, or military service
• You were fired for filing a workers’ compensation claim
• You were let go in retaliation for reporting unlawful or unethical behavior

Indiana law prohibits workplace discrimination on the basis of race, color, religion, sex, disability (physical or mental), veteran status, national origin, and ancestry. Even so, some employers discriminate when hiring, firing, and making other job decisions. They may:

• Pass over an employee for a raise because of their gender
• Refuse to hire an applicant because of their race
• List unnecessary job qualifications to exclude members of minority groups
• Refuse to provide reasonable accommodations for disabled employees
• Unfairly enforce disciplinary policies against members of minority groups

Unfortunately, employees are sometimes subjected to unwelcome actions and remarks based on protected characteristics. Examples of workplace harassment include:

• Unwanted physical contact
• Offensive gestures
• Racial and ethnic slurs
• Comments about appearance
• Sexual and lewd jokes

In addition, workplace harassment can take the form of quid pro quo (“this for that”) harassment, in which a raise, promotion, or another benefit is contingent on submission to a sexual demand.

Morgan & Morgan’s labor and employment attorneys have extensive experience litigating all types of labor disputes. In fact, our firm has been recognized for filing more labor and employment cases than any other firm in America.

To find out if we may be able to help you, too, fill out a no-risk case evaluation. It costs nothing to get started, and we get paid only if you win. Contact us today.