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Thread: Is Mandatory Overtime Legal in Indiana?

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    Default Is Mandatory Overtime Legal in Indiana?

    Another member was asking me about Mandatory Overtime and asking, is this legal? Can they make you do that without notice? What if we have childcare prearranged and cant react that quick to a demand like this? Bottom line....you can do nothing.

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    In Indiana, an employee who works more than 40 hours in a single work week must be paid one and one-half times the regular rate, for every hour in excess of 40 hours per week. Special rules apply to retail or service establishments, hospitals, and transportation employers.

    Under the Indiana mandatory overtime laws, an employer may legally require that an employee work overtime, or lose their job. There is no limit to the number of hours an employee may be required to work.

    An employer need not give the employee any advanced notice under the Indiana mandatory overtime laws. An employer can legally insist that an employee who is about to go home stay and continue to work, or even work another 8 hour shift. It also doesn’t matter if the employee has traditionally been off on a specific day, such as a Sunday. The employer can compel an employee to work it, or be fired.

    A number of employers are exempt from the Indiana overtime laws. These include employers with just one employee, individuals under the age of 16, independent contractors and sales people working on commission. Family members and members of a religious order such as a priest, nun or rabbi are not covered under the state overtime laws.

    There is no requirement under the Indianan overtime laws for student nurses, apprentice funeral directors or medical interns or residents to be paid overtime. Physically or mentally handicapped employees of non-profit organizations are also exempt, as are students who work for their school.

    Insurance agents and outside sales people who work on commission are exempt under the Indiana overtime laws. So are agricultural workers. Employees of any non-profit organization that provides service for camping or recreational facilities need not pay employees overtime. As in many states, executive, administrative or professional employees who earn more than $150 per week and have the authority to fire employees, are exempt from the overtime regulations. None of these employees must be paid overtime, regardless of the number of hours worked, under the Indiana overtime laws.
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  2. #2

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    yup, it's at-will employment. "if you don't want to work it, you're free to leave, no questions asked"

    cruel, but it makes sense, esp in these times where people are willing to work for anything.

  3. #3

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    I wish I could run in to an employer needing some people that would work for anything.

  4. #4

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    There's lots of companies; the last 3 I've worked for are that way. It sounds good until you have a family or other important things to take care of. Luckily it doesn't happen as frequently with this new job. Once a month maybe so no complaints from me.

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    I hired in working ag for a farmer. He talked the over time up like it was special. Get my first check with like 15 hrs OT. STRAIGHT PAY! I went to his office and asked what the fuck. He says ag pays straight time. I said you knew I was under the influence of time and half when we interviewed. You are shady mother fucker! I QUIT!

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    In IT this is expected. After several 7 day work weeks it really starts to piss me off. How is one expected to take care of personal business or have a life in general when an employer can legally require you to work above and beyond 40hours? There are several positions here that do not require this kind of commitment but the IT crowd is screwed.
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    What really gets me are the industries that ARE NOT REQUIRED TO PAY TIME AND A HALF.
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    Well time and a half should be mandatory. That i'll stand behind.
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    I can see why ag wouldn't have overtime, along w/ the high-admin people (we're talking CEO's, CFO's, etc...they get paid enough as is). But otherwise >40=1.5x should be implemented. Salaried emp's should get 1.5x pay for overtime too, which many do not.

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    Classifieds Moderator Owens Racing's Avatar
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    Why would ag not have paid OT? I was busting my ass harder for him then I did in many other jobs.

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    Quote Originally Posted by jbssfelix View Post
    I can see why ag wouldn't have overtime, along w/ the high-admin people (we're talking CEO's, CFO's, etc...they get paid enough as is). But otherwise >40=1.5x should be implemented. Salaried emp's should get 1.5x pay for overtime too, which many do not.
    COE's, CFO's ect are all salaried employees. Law really doesnt apply there.

    Ag though? Wouldnt that tend to steer people away from working in ag....which could long term possibly cause issues with supply. Dont know though....I guess now that I am thinking about it more, I can understand it....its a seasonal business more or less. They may put in friggin 90 hours in the high times of the season and only 20-30 to maintain in the off season....so it probably all evens out in the end somewhat.
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    Quote Originally Posted by Owens Racing View Post
    Why would ag not have paid OT? I was busting my ass harder for him then I did in many other jobs.

    I hear ya...frankly that DOES seem like hard work to me. At the same time...you applied your "right to work" and said....later hoser! I would have been pissed too if I were you.
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    I work a little over 52 hours a week. I'm "salary" plus commision. I use the word "salary" lightly. It's weak. I knew what I was getting into when I started the job. It's ok with me really.


    I did read an article the other day about all of these jobs right now that sit unfilled and pay in the 30-40k a year range. It cracks me up to read this, because it proves positive that the "welfare" and "unemployment" system is working top notch!! Why get up and go to work for 30k a year when I can lay at home on the couch for 30k a year!!
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    when I was at cummins we had mandatory overtime. You dont like you get fired. Indiana is a pro-business state like stated earlier, Fire At-will, so you really dont have much of a choice. At cummins I worked almost every day of the summer in between college semesters, the pay was great double time after 48 hours, I wouldnt complain cause I needed the money, but I can see the child care/family needs problems that can arise from this.

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    Quote Originally Posted by flamer View Post
    I work a little over 52 hours a week. I'm "salary" plus commision. I use the word "salary" lightly. It's weak. I knew what I was getting into when I started the job. It's ok with me really.


    I did read an article the other day about all of these jobs right now that sit unfilled and pay in the 30-40k a year range. It cracks me up to read this, because it proves positive that the "welfare" and "unemployment" system is working top notch!! Why get up and go to work for 30k a year when I can lay at home on the couch for 30k a year!!

    I havent seen a job level that pays overtime since I was 18 years old...lol. So its nothing new to me either. Soon as you become a private sales contractor or consultant more or less...or anywhere in management that doesnt pay hourly....your duped so far as that goes and can COUNT on working at least 50
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    Yeah, that is how our state rolls. And if they want you fired, they will find a reason to try to keep you from getting unemployment. I am salary and on call 24 hours a day. We used to get "combat pay" which gave us a flat fee if we worked past certain times of the night but that was removed a couple of years ago. With being a small company, I understand all of that though. I would rather make my salary and keep my job than not have a company here anymore.
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    I would rather become a heating and air private contractor...or plumbing.

    License to steal right there!
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    i think salary is bogus. and also agree anything over 50hrs should be at least time and a half.

    i worked at CAT for a while, they had both manditory and optional overtime. where say once a month there was a manditory, but every other saturday besides that one was optional. that was cool

    currently work at advance as the assistant mgr. i just replaced my buddy that went from ass mgr to general mgr. he went from hourly to salary, both positions work 50hrs a week regardless. he now has to drive an hour each way to get to the other store, very rarely does he see under 50hrs, normally closer to 60/wk. so in the end hes breaking even to what he was as an assistant. but just with way more responsibility. this is why i think salary is bogus. i mean being able to call off and still get paid regardless is cool, but thats really the only good thing about being salary over hourly. and even saying that, any full timer gets sick pay so ill stick with my hourly

    either way i think the manditory overtime or fire is a stupid law. if youve got prior engagements that are of high personal importance, they shouldnt be able to fire you over that. advance is tryin to start something close to this. you cant be full time unless you are 100% open all the times that the business is open. so in short if i wanted to go say get on a weekly bowling league, that will stop me from being a full time employee. its fucked up

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    While you're all discussing this, add to the discussion that indiana does not REQUIRE your employer to give you ANY breaks once you are over 18. NONE. You are not REQUIRED to have a lunch break, smoke break, poop break, nothing.
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    Quote Originally Posted by dcletten View Post
    i think salary is bogus. and also agree anything over 50hrs should be at least time and a half.

    i worked at CAT for a while, they had both manditory and optional overtime. where say once a month there was a manditory, but every other saturday besides that one was optional. that was cool

    currently work at advance as the assistant mgr. i just replaced my buddy that went from ass mgr to general mgr. he went from hourly to salary, both positions work 50hrs a week regardless. he now has to drive an hour each way to get to the other store, very rarely does he see under 50hrs, normally closer to 60/wk. so in the end hes breaking even to what he was as an assistant. but just with way more responsibility. this is why i think salary is bogus. i mean being able to call off and still get paid regardless is cool, but thats really the only good thing about being salary over hourly. and even saying that, any full timer gets sick pay so ill stick with my hourly

    either way i think the manditory overtime or fire is a stupid law. if youve got prior engagements that are of high personal importance, they shouldnt be able to fire you over that. advance is tryin to start something close to this. you cant be full time unless you are 100% open all the times that the business is open. so in short if i wanted to go say get on a weekly bowling league, that will stop me from being a full time employee. its fucked up
    Not true. Salary usually offers benefits with the package, insurance, bonus on monthly/quarterly sales goals/ect. that offer one opportunities to make more money if they apply themselves. Now if the market one is working in is crap....thats a catch 22 thats hard to work around.

    But I do see exactly what you are saying in the advance example. Doesnt seem to be much of an incentive to move from the level you are at unless the above is included. Question...did you buddy happen to go to a new location that had just built, or an established one. That can make a difference too....and may be part of what he is seeing? Or do they not offer sales incentives to the managers like that?
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