Legal Question in Employment Law in Indiana

Exempt status in county government

I work as a Nurse for a county jail. Exempt. The add in the paper said ''Work hours are 8-4 Monday through Friday with holidays and weekends off. Available to take calls from jail staff as needed.'' The sheriff now has told me he expects me to also work from home on Sat. and Sun. that will require me to block off about 1 to 2 hrs each day to complete this task. When I Said I wouldn't do it for free, he asked me if I was '' Refusing to work''. I have a second job that this infringes on and advised him of that as well as this is cutting into my private life. He insists that it is part of being on-call. Also, the labor board has already been there investigating another complaint. During the investigation, I was forbidden to speak with the labor board. I was told to simply say '' I have given the sheriff my permission to speak for me''. Which I had not. Also, I was not allowed to take sick leave or FMLA when my adult dtr needed surgery and forced to use my vacation days. The sheriff said my dtr didn't count as immediate family in either case because she did not live in my home during her illness. I supervise no staff, I am the only nurse, and complete all the tasks myself except for 2 that require security gaurds.


Asked on 1/09/08, 10:17 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Exempt status in county government

There is a good possibility that you should be considered non-exempt and therefore paid hourly. You should contact an attorney for a consultation regarding the proper FLSA status of your position. I can be contacted at [email protected] or the numnber listed in my profile.

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Answered on 1/11/08, 9:32 am


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