Legal Question in Employment Law in Indiana

I work in a childcare facility. The director clocks us out for one hour each day, but we still work during this hour. The owner tells her to do this because this is "down time", when the children are taking naps. Not all of them nap. And we are busy cleaning, so it's not technically "down time". And, we are not paid. Is this legal?


Asked on 9/20/10, 4:05 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Based on the listed facts, it is not legal. If you otherwise work 40 hours a week, you may be entitled to unpaid overtime (at time and one-half), plus an equal amount in liquidated damages. If not, you can still bring a claim under the Indiana Wage Claims Act for unpaid wages plus exemplary damages in an amount twice the unpaid wages. If I can be of any further assistance, please call me, Ken Lauter at 317-634-2200. Both laws provide for recovery of attorney fees.

Read more
Answered on 9/27/10, 8:11 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Indiana