Legal Question in Employment Law in Indiana
I am a data entry operator who works for a freight carrier in Indianapolis, IN. We have been required to work 11-14 hour days, every day except weekends since August of 2010. Needless to say, the staff is exhausted. It was announced yesterday that we must go in early on Friday to begin working on a new system and work until Saturday noon... a 21 hour day. My questions are: Is it legal to be expected to work that many hours? What is the rule for breaks during overtime? Is it legal to be expected to work so much overtime for months on end? Lastly, is there a time frame an employer can write an employee up? For instance, if a person was late on the first of the month, can the employer write that person up at the end of the month?
Thanks so much!
1 Answer from Attorneys
Unfortunately, there is no federal or (Indiana) state law that addresses any of the issues you raise. In the absence of controlling law, some employers abuse their staff in just the way you describe. As long as your employer is paying for all of the overtime it insists you work, there is not much -- if anything -- that can be done. The only thing I can think of is to contact IOSHA about what has become an unsafe workplace due to the demands your employer is putting on employees. If I can be of any other assistance, please feel free to contact me at 317-634-2200.
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