You have a right, as an employee, to be paid fairly for the work you do. If you receive less than you deserve, then you may be a victim of wage theft.
You can take legal action to recover your stolen wages. However, it is often necessary to understand how your employer stole from you. Here are a few common examples of wage theft:
1. No overtime pay
If you work more than 40 hours in a week, then you are likely entitled to overtime pay. Overtime pay in Indiana equals one and one half your typical wage for every hour worked over 40 hours. If you worked extra hours and only received your normal pay, then you may need to take steps to recover your missing wages.
2. Working off-the-clock
Your employer may have asked you to work extra hours without pay. This is likely your employer’s blatant attempt at stealing wages from you. Even if you agree to work the extra hours, you are entitled to pay (and possibly overtime, to boot).
3. Exempt classification
Employees are given different classifications and those classified as “exempt” employees do not receive overtime pay. You may be a non-exempt employee, which entitles you to overtime pay, but your employer may incorrectly (purposefully or not) misclassify you.
4. Contractor classification
Your employer could also have classified you as an independent contractor, and independent contractors are not due any kind of overtime — nor many other benefits given to employees, such as health insurance coverage, workers’ compensation protection and sick leave. You may need to discuss with your employer as to why you were wrongly classified.
5. Minimum wage reduction
The minimum wage in Indiana is $13. If you receive anything less than minimum wage and you do not work for tips, you could be a victim of wage theft.
Legal guidance is available if you want to learn how to pursue your lost wages through a wage theft claim.