Employment Law Attorney
in Indianapolis, Indiana
Working for another person or for a large or small company can make an employee feel vulnerable because it can feel like the employer always has the upper hand. The employer is the one to hire and fire employees and is also the one who signs the paycheck and offers benefits. However, recognizing this power dynamic and that the potential for abuse exists, certain state and federal legal protections have been established for workers. If your employer is not following the law, an experienced employment law attorney can help hold your employer accountable by filing an employee lawsuit against the employer or a claim against the employer with the Department of Labor, Indiana Civil Rights Commission (ICRC), or the Equal Employment Opportunity Commission (EEOC).
Wage and Hour Laws
In Indiana, employers must follow both state and federal laws when it comes to their employees. The federal Fair Labor Standards Act (FLSA) covers most employers and employees working in Indiana on the topic of minimum wage and overtime rules, and these rules are administered by the U.S. Department of Labor. For employers and employees who are not covered by the FLSA, the Indiana Minimum Wage Law may provide protection, and these rules are administered by the Indiana Department of Labor. Both state and federal law requires that employers pay at least minimum wage for all hours worked and “time and a half (1 ½ times the regular rate of pay) for hours worked in excess of 40 hours per week. There are some exceptions to the laws, and an experienced attorney can help determine whether the minimum wage and overtime laws apply in your situation
There are also laws in place to protect children and teenagers who work. These are called child labor provisions. In general, these laws state that 1) there are no restrictions for minors who are 18 or older, 2) 16 is the minimum age for most work, and that 3) some jobs are acceptable for 14 and 15-year-olds to hold outside of school hours, as long as the job is not hazardous or dangerous to the minor and fall within certain categories such as newspaper delivery, entertainment performance, and others. If you have questions about the child labor laws applicable in Indianapolis, Marion County, Hendricks County, Boone County, Hamilton County, or Shelby County, Indiana, call us today.
Hold Your Employer Accountable
Employment Contracts and Severance Agreements
Some employers require that employees start or continue their employment after signing an employment contract. These contracts are not drafted with the employee’s best interests in mind. They often contain restrictive covenants such as non-compete agreements, non-solicitation agreements, cooperation clauses, and confidentiality provisions that include onerous terms of enforcement. An experienced attorney can help with the negotiation of those terms.
Furthermore, when an employee is terminated from a job, some employers will offer the employee a severance agreement to sign, in which a sum of money or other valuable consideration is paid in exchange for the employee’s signature on a release of all claims. Before signing such an agreement, a prudent employee will want an experienced attorney to help them assess the viability and value of any claims or potential claims they may be giving up in exchange for the severance payment. Contact us today for a free consultation.
An employer is not allowed to fire an employee or treat an employee differently because of their age, sex, race, religion, national origin, or disability. If an employer does discriminate against an employee or permit workplace harassment based on one of these categories, the employee can file a charge of discrimination with either the EEOC or the ICRC and file a lawsuit for retaliation, civil rights violations, harassment, or discrimination.
In addition, the laws extend protections to employees who make complaints against their employers or cooperate in investigations into complaints against their employers. An employer cannot fire or treat differently any employees who have made an internal complaint or alerted an outside agency about an employee’s illegal conduct for making the complaint. These actions could be considered retaliation or wrongful termination. These protections are sometimes called whistleblower protection.
If you have been fired or discriminated against for participating in an investigation or making a complaint against your employer, contact us today to discuss your rights and available remedies. Our decades of experience in these types of cases make us effective advocates and the right fit for your employment law case. We are here to help employees in Indianapolis, Marion, Hendricks, Boone, Hamilton, and Shelby counties in Indiana.
Employment Law Attorney in Indianapolis, Indiana
We at Blanck Legal, P.C. have been providing legal services for over 25 years to residents of Indiana who have suffered from unlawful working conditions and improper compensation schemes by employees. We are here to help you with your employment law case by ensuring employers follow all of the applicable state and federal laws, which were put in place to provide protection for workers.