In Indiana, are there any stipulations that make "time and a half" optional for an employer to pay for OT?

Question

My girlfriend often works 45-60 hrs/week. But she doesn't get the "time and a half", that I thought was a law of some sort. Instead, after 40 hrs, her boss pays her at a much lower rate for those extra hrs. She doesn't complain, but I tell her she should, with my thinking it's a law. Am I wrong or is employer in the right?

And for those asking what she does, she's manager of a salon and spa, but she's paid hourly.

Answer 1

You say that she is hourly, but as a manager, she may be considered exempt from overtime and is actually salaried.

I am FLSA exempt but have an hourly rate in my professional job. As a manager, what does she do at the spa? Is it primarily overseeing the other employees?

Here are the laws re: OT and Indiana:
http://blog.laborlawcenter.com/2004/07/01/indiana-overtime-labor-law/
and
http://www.dol.gov/esa/minwage/america.htm
and
http://stateovertimelaw.us/Indiana.html

Answer 2

Time and a half is mandated by federal law for most positions. There are some jobs not covered for the overtime pay, and you don't say what she does so nobody can say for sure, but for most jobs, the OT pay is mandatory. And states can't make a law overriding this federal law - they can mandate MORE benefits or HIGHER pay, but not less.

If you'll post again saying exactly what her job is, and what her annual pay is, someone can give you a better answer.

Answer 3

In Indiana -- If there are two or more employees at your girlfriend's work, her employer must pay overtime at one and half times her regular hourly pay for all hours over 40 in a work week.

However, this is only if she is considered non-exempt from overtime. She needs to find out her position's designation by visiting the federal Department of Labor web site.

Answer 4

If she's considered exempt (salaried professional or managerial, some secretarial positions) she doesn't get overtime.

If her job is considered non-exempt, she should be paid time and a half for hours worked in excess of 40 per week.

It's almost sounds like her boss considers the position exempt but gives her some sort of bonus for working extra. It will really depend on what kind of work she does but if she's paid hourly, she definitely should be getting time and a half.

Answer 5

if it is a salaried positon she may considered exempt which means she can work a 100 hrs a week and get the same pay

Answer 6

Federal labor laws are not optional. Does she like her employer? Maybe when she leaves she could take some action but I think she needs to complain and may be able to file a lawsuit for backpay.