New Albany Labor and Employment Attorney (2024)

As an employee in Indiana, you have certain rights. These include:

• Minimum Wage: The federal minimum wage is $7.25 hourly, and the tipped minimum wage is $2.13 per hour.
• Overtime: Indiana mandates that all employees working over 40 hours in a workweek be paid one-and-a-half times their regular rate for all logged overtime hours, unless otherwise exempt.
• Breaks: Neither Indiana nor federal law requires employers to provide meal periods or breaks. However, if an employer chooses to do so, breaks lasting 20 minutes or less must be paid. Meal or lunch periods do not need to be paid, but employees must be free to do as they wish during the meal or lunch period.
• Leave: Indiana does not require employers to grant paid or unpaid sick leave to employees, but employers do need to adhere to the Family and Medical Leave Act (FMLA). Under FMLA, workers are eligible for up to 12 weeks of unpaid leave for certain health conditions pertaining to themselves or their immediate family.

If you feel your employer has illegally denied you your rightful wages, contact us. Employers may be violating labor laws if they:

• Pay less than minimum wage
• Deny overtime by incorrectly classifying workers as exempt
• Replace overtime pay with “comp” time
• Deny employees FMLA leave or retaliate against them for taking leave

All Indiana employees have the right to work free from discrimination. According to state law, employers cannot discriminate on the basis of race, religion, color, sex, age, mental or physical disability, veteran status, national origin, sexual orientation, gender identity, or ancestry.

However, discrimination can still be a problem, in spite of federal and state laws. Contact Morgan & Morgan if you feel you are a victim of workplace discrimination. Some examples of discriminatory practices include when employers:

• Refuse to hire applicants based on their race
• Deny equal pay and benefits to employees based on gender
• Refuse promotions to employees of certain religions or backgrounds
• Unfairly discipline members of minority groups
• Deny older workers training or opportunities for advancement
• Impose job eligibility criteria to screen out people with disabilities

Harassment on the job is never acceptable. Workplace harassment is considered a form of discrimination in Indiana, and includes “any unwelcome verbal, written or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics.”

Some examples of workplace harassment include:

• Verbal harassment such as taunts, slurs, name-calling, comments, ridicule, threats, or offensive innuendo
• Unwanted physical touching
• Physical or sexual assault
• Verbal or physical intimidation
• Hanging inappropriate or offensive materials on a wall
• Offensive gestures

The above are just a few examples. Harassment at the workplace can take many forms.

Indiana and federal laws prohibit harassment based on race, gender identity, sex, sexual orientation, national origin, ancestry, religion, disability, and age as well.

Indiana has an “at will” employment law. This means that employees can be let go at any time, for any reason. However, not every termination is considered legal. Examples of wrongful termination include:

• Discrimination: Federal law prohibits employers from dismissing employees based on race, color, national origin, sex, pregnancy, religion, age, disability, citizenship status, sexual orientation, gender identity, or genetic information.
• Breach of Contract: If your employment includes a written, oral, or implied contract that promises job security, the “at will” law may not apply to you.
• Wage and Hour Laws: Employees cannot be fired for exercising their rights under Indiana’s Wage and Hour Laws. These include filing a claim or testifying in a hearing regarding their lawful wages or time off. If a worker is fired because they report wrongdoing, that may constitute retaliation, which is against the law.

No one should have to endure unfair labor practices. We understand that your job is vital to your livelihood, and how difficult it can be when things go wrong.

At Morgan & Morgan, we’ve been fighting For The People for over 30 years. There are no upfront costs to hire our firm; we only get paid if we win your case. If you believe your employment rights have been violated, fill out a free, no-risk case evaluation today.