[IN] Can I take legal action against my employer for unpaid overtime if they asked me to work extra hours off the clock?

IN Employment

Richard

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Yes. You can sue your employer for unpaid overtime under both federal and state law. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees 1½ times their regular rate for any hours worked over 40 in a workweek. (29 U.S.C. § 207) Ordering you to “keep overtime off your timecard” is a direct violation of that law — the employer cannot avoid paying by instructing you not to record the time.

If you decide to pursue it, you may file a claim with the U.S. Department of Labor, Wage and Hour Division, or file a civil lawsuit in state or federal court. You could recover the unpaid overtime, an equal amount in liquidated damages, and potentially attorney’s fees. (29 U.S.C. § 204)

Keep any evidence you have — such as emails, texts, schedules, or records showing when you worked — since that documentation will support your claim.

In short: yes, you can sue, and the employer’s instructions not to record overtime are unlawful under the FLSA.

As for recording conversations, it depends on the laws in your state. Some states require both parties to consent to being recorded, while others only require one party's consent. If you're in a one-party consent state, you can legally record conversations you're part of without informing the other person. This could serve as evidence if you decide to take legal action. (IN Code § 35-33.5-5-5)

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If my employers refuse to pay me for overtime can I sue them?

Lexi, Chatbot

I understand how frustrating it can be when employers refuse to pay for overtime. Have you already discussed this issue with your employer or HR department?

I've already discussed it with my employer; on multiple occasions they have asked me to keep my overtime work off of my timecard.

Lexi, Chatbot

How long have you been experiencing this issue with unpaid overtime?

Here and there, the problem started shortly after I got my new job. That was a little over a year ago.

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they'll be able to help with your unpaid overtime.

No.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent users of this service or perform actual legal services on your behalf.

I understand you're dealing with an issue where your employer has asked you to keep overtime work off your timecard. Could you tell me more about any documentation or communications you've had with them regarding this matter?

Hello Richard, thank you for the response. Yes, my immediate superior asks me to leave work I do outside of my usual 40 hrs/week off of my timecard most of the time. It's for one reason or another, one time it was because I was doing stuff on my laptop and didn't leave my house, another he just felt that the task that I was called in for to do wasn't worth the overtime.

Richard

Thanks for sharing that. It sounds like a frustrating situation. Could you let me know where you're located? Employment laws can vary by state or country, so this will help me give you the best advice. Also, do you have any written communication or emails from your employer regarding the overtime work?

I work in Indiana, which I believe is a one-party consent state.

Well, I'm still unsure about what legal action I can take to resolve my employer refusing to pay me for my overtime work? I am also unsure if recording the conversations when he asks me to waive my overtime is adequate evidence for when I need to prove it?

Richard

Keep any evidence you have — such as emails, texts, schedules, or records showing when you worked — since that documentation will support your claim.

In short: yes, you can sue, and the employer’s instructions not to record overtime are unlawful under the FLSA.

Richard

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