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Working overtime Indiana

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  • Working overtime Indiana

    My wife is a Teacher's Aide in an Indiana public school. They told her that the job was 5 hours a day and that is all that they could afford to pay. They also told her that even if she works more than 5 hours a day she can't put that on her time sheet. Is this legal? What recourse does she have?

  • #2
    It is legal for them to schedule her for only five hours a day. It is legal for them to insist that she not work more than five hours a day. It is legal for them to discipline her, up to and including termination, for working unauthorized hours.

    However, that discipline cannot take the form of not paying her for hours worked. When and if she is not paid for time she actually works, she can file a complaint with the state DOL. No violation has occurred until she is actually not paid.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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