Me and my brother work at a remodeling company him for around 8 months and me around 3 month payday is every friday here recently we havent been paid in 2 weeks. We are still owed overtime and reimbursement for putting our own money in company vehicle gas. Every time we ask about checks or money its all the same we get told the will reach out to the owner and thats it
In Indiana, there are two statutes that govern the payment of wages: The Indiana Wage Payment Act ("WPA") (Ind. Code 22-2-5), and the Indiana Wage Claim Act ("WCA") (Ind. Code 22-2-9).
The WPA governs the frequency and manner in which wages must be paid. Employers are required to pay employees at least semi-monthly or biweekly, and each payment must be made not more than ten days after the wages are earned. The WPA also governs the payment of final wages to employees who voluntarily leave the employer. Those wages must be paid not later than the next regular payday. The WCA, on the other hand, controls payment of final wages paid to individuals who are involuntarily separated (i.e., fired) from their jobs. Like the WPA, the WCA requires those wages to be paid no later than the next regular payday. However, while the employee can initiate his own lawsuit against the employer to enforce the WPA, the WCA requires that the Commissioner of Labor enforce claims for unpaid wages less than $6,000. However, an employee may request that the Department of Labor designate a private attorney to represent the employee. Such requests are routinely approved.
Under both statutes, an employer who willfully violates the law is liable for a penalty of up to two times the amount of the actual wages owed. In addition, the employer is also required to pay the employees attorney fees and costs.
Because of the relatively low dollar value of WPA and WCA cases, they are usually filed in Small Claims Court.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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