Indiana state labor laws protect workers’ rights within the state. Employees should look carefully at their individual state rights. This will tell an employee what rights they have in regards to their employment and work environment. The laws of the state outline the procedures employees can use to protect these rights.
The Difference Between Part-time vs. Full-time in Indiana
Indiana doesn’t have a set amount of time you have to work to be considered part-time or full-time. Most companies will hold that 40 hours per week is full-time and less than that is part-time. Employees should reach out to their HR department to find out if they are considered full-time or part-time employees in the company.
How Does Minimum Wage and Overtime Work in Overtime?
The minimum wage in Indiana is $7.25 per hour, the same as the federal minimum wage. For tipped employees, the minimum wage is $2.13 per hour. However, if this tipped minimum wage, plus the tips earned, does not add up to the full minimum wage for the state, then the employer is required by law to make up the difference. For employees under 20 years old, during training the minimum wage is $4.25 for the first 90 days.
Regarding overtime pay, Indiana follows the Fair Labor Standards Act of paying 1 and ½ times the regular pay if you work over 40 hours per week. They also do not limit mandatory overtime so an employer can require an employee to work as many hours as the employer asks.
A common legal dispute in this regard is that of the employer withholding overtime pay for an employee or employees. If the employer doesn’t pay them the full amount for their overtime worked, they may face legal consequences.
In many cases, if there is a violation involving one employee, there may be similar violations affecting other workers. In other words, some legal violations can be systematic. In such cases, a class action lawsuit might be needed, especially for larger companies with many employees being affected by the same legal issue.
What Health Benefits are Required in Indiana?
Under employment laws, any employer that has more than 50 or more full-time employees must offer health insurance. This plan must cover at least 60% of typical health costs. If your company has less than 50 employees, then it is up to the company to decide whether they will provide health insurance.
It is important to note that the health insurance laws may change soon and employees should consult with a local lawyer in case of any new laws that pass.
How Does Indiana Handle Employment Discrimination?
If you have been discriminated against by an employer you can file a complaint with either the Equal Employment Opportunity Commission or the Indiana Civil Rights Commission. There are several time limits you should be careful about and speak with a local lawyer to find out what they are.
Some common discrimination claims include:
- Discrimination of a Protected Class: based on age, race, sex, gender, nationality, political affiliation, or association with any other legally recognized protected classes.
- Discrimination Based on a Person’s Pregnancy Status: the employer also cannot discriminate based on pregnancy-related issues, such as medical conditions connected with the pregnancy.
- Disability-Based Discrimination: employers can’t discriminate against a person based on a medical condition or legally-recognized medical disability.
- They must also provide accommodations for persons who have such disabilities. This include wheelchair ramps, accessible bathrooms, and other provisions.
The state also protects employees from retaliation from the employer for filing a discrimination claim. For instance, if an employee files a discrimination claim with the Indiana Civil Rights Commission, the employer cannot then take action against them just because they filed the claim. For instance, they cannot:
- Fire the employer;
- Reduce their wages;
- Take away their benefits; and/or
- Punish the employee for filing the claim.
If there is no agreement after taking your claim to one of the agencies, then you can sue the employer. Indiana does limit the amount of damages you can win for a discrimination lawsuit.
Does Indiana Labor Law Offer Time Off?
Indiana does not have its own state law about family leave so it follows the federal law. The federal Family and Medical Leave Act (FMLA) only covers employees that are employed by companies that have 50 or more employees and conduct business in multiple states.
Under FMLA an employee is eligible for up to 12 weeks of unpaid leave, medical and health benefits during that leave and the right to go back to their job when they return. FMLA applies to workers that have worked at least 1,250 hours over a 12-month period so it could possibly cover part-time employees.
Where Can I Find an Indiana Lawyer to Help Me?
If you think you are not getting the basic rights and protections offered by your state’s labor laws, then contact a local Indiana employment lawyer today. Your attorney can provide legal advice and guidance for your case.