The new gun control law permits Indiana employees to keep lawful firearms and ammunition in their locked cars on company premises. The guns must be legally owned, and the owner must meet all applicable licensing requirements, and must not be stored in plain sight in the vehicle.
Many employers have prohibited guns anywhere on the property, including in parked cars, in an effort to curb workplace violence. While Indiana employers can still prohibit guns inside the workplace, they no longer have the option of (more…)
On July 24, 2009 when the federal minimum wage increases from $6.55 to $7.25 per hour, the Indiana minimum wage will increase as well. This 70-cent increase is the third in as many years, resulting in an Indiana minimum wage that is $2.10 higher than in early 2007.
Under both Indiana and federal law, tipped employees can be paid less than the full minimum wage. In this respect, the federal and Indiana minimum wages law are similar.
On one significant point they differ, however. Indiana law covers many smaller businesses that would not be affected by the federal minimum wage law.
Both the federal and the Indiana minimum wage rates will go up by 70 cents on July 24, 2009. The old rate under both is $6.55 an hour and the new hourly rate will be $7.25. For Indiana and other employers, the good news is that no federal minimum wage hike is scheduled for 2010.
The federal Fair Labor Standards Act, also known as the FLSA, establishes the national minimum wage. For more information, visit www.dol.gov, the website of the U.S. Department of Labor (DOL). (more…)
In Illinois, the state minimum wage increased 25 cents from $7.50 to $7.75 per hour. This is the second step in a 3-tiered increase. The state minimum wage will increase again in 2009. The law applies to any employer with 4 or more workers who are not family members. More details here.
Michigan’s minimum wage also increased 25 cents per hour from $7.15 to $7.40. The state minimum wage has risen nearly $2.00 since 2005, despite sluggish job growth, problems for the automotive industry and the loss of a number of major employers. The law applies to employers with 2 or more workers. More details here.
According to the FLSA, all local, state and federal government agencies must pay workers the federal minimum wage. Health care facilities, hospitals, schools and all companies earning over $500,000 per year are also covered by FLSA. Businesses engaged in interstate commerce must follow the FLSA standards, too. This rule can apply, too, to employees who handled business with out-of-state customers or vendors, too, even if the company as a whole doesn’t conduct interstate commerce.
Indiana is one of several states with a minimum wage tied to the federal minimum wage. This means that when the federal minimum wage increases, so does the Indiana state minimum wage. The next raise will occur on July 24, 2008, when both the federal and Indiana state minimum will go up 70 cents from $5.85 to $6.55 per hour.
The federal minimum wage is enforced by the U. S. Department of Labor’s Wage and Hour Division.
The Fair Labor Standards Act (FLSA) details who is eligible for the federal minimum wage. Any business conducting interstate commerce must pay its workers the federal minimum. In some cases, even if the company as a whole doesn’t engage in interstate commerce, employees who deal with out-of-state customers may be eligible. FLSA applies to schools, hospitals and health care facilities and all government agencies (local, state and federal). In addition, all companies with annual revenue greater than $500,000 are required to pay its workers the federal minimum wage.
In Indiana, the state minimum wage law also applies to smaller companies in the state. Also in Indiana, employees under the age of 20 may be paid a training wage of $4.25 per hour during the first 90 days on the job.
Employees who work more than 40 hours in one payroll week are entitled under both federal and Indiana law to overtime pay at 1.5 the normal hourly rate.
Tipped workers can be paid $2.13 per hour. This practice applies as long as the employees receive an average of $3.72 per hour in tips. Otherwise, the company must pay the worker enough so that tips and wages equal the minimum wage. After July 24, 2008, the tips must equal at least $4.37 per hour.
Overtime for tipped workers must equal at least $8.78 per hour in salary and tips. After the minimum wage increases on July 24, 2008, this amount will increase to $9.83 per hour.
The Indiana state minimum wage doesn’t apply to all state employees. Several exceptions, (subsections (a) – (p) of the Indiana Code 22-2-2-3) permit employers to pay employees in certain groups a wage lower than the state minimum. Note that though these workers are exempt from the state minimum wage, they may be eligible for the federal minimum wage.
Workers at many summer camps may be legally paid less than the minimum wage. The reasoning is that these employees perform duties for camping, recreational or guidance facilities, which are often operated by nonprofit charitable, religious or educational organizations.
If an employee is less than 16 years old, he or she may be paid a wage lower than the minimum. This exception also applies to independent contractors, commissioned salespeople, and anyone who works for his or her parent, child or spouse.
Persons attending regular classes at a school, college or university who also work for that school can receive wages at a rate lower than the state minimum wage. Nursing students, medical interns, residents, student funeral directors are examples of this type of employee. To be exempt, the institutions must be chartered or approved by law, and the students must be enrolled and attending classes.
Organizations that provide assistance to the disabled through rehabilitation, therapy or employment may pay their disabled (physical and mental) employees less than the minimum. These organizations, however, must be nonprofit to be exempt.
The Indiana state minimum wage law has a specific exception for members of religious orders who work for that order. For example, licensed, commissioned or ordained ministers, sextons, Christian Science readers and rabbis would be exempt. Volunteers who provide services for charitable or religious organizations are also exempt.
A lot of workers doing agricultural labor are exempt from the state minimum wage. Workers raising, shearing or caring for bees, wildlife, livestock, furbearing animals or poultry also come under the exceptions to the Indiana state minimum wage law. Employees who work with fruit and vegetables, specifically drying, packing, processing, packaging and freezing, are exempt, too.