In most instances, Indiana state law does not have provisions that mandate that employers provide breaks to employees. The only exception is for minors under the age of 18 and working more than a six hour shift. These minors, under Indiana labor laws breaks, must be given at least one 30 minute break or two breaks totaling 30 minutes, to be used at any point in the shift that the employee needs them. Indiana labor laws breaks mandates that all of these breaks be logged and kept as record in order to be in compliance with state labor laws and mandates for Indiana labor laws breaks.
Indiana labor laws breaks and unions
If you are a member of a union, you will need to check the language of the collective bargaining agreement with the employer. This will help you to determine if you are entitled to breaks as a condition for your employment and help you to determine what you can do to claim the benefits that are owed to you by the employer. This might necessitate civil action or working through the union to file complaints or schedule a hearing. Otherwise, there are no Indiana labor laws breaks and therefore, you will have to resolve the matter with the employer or through litigation. You must determine if you are covered by Indiana labor laws breaks before you can take action.
Am I entitled to a paid Indiana labor laws breaks?
There is no Indiana labor law for breaks discussing this. Federal law does not require a lunch/meal break to be paid and these will be at least 30 minutes or greater. Other breaks, usually adding up to 20 minutes, must be paid. As a condition to make the lunch break unpaid, the employee must be free to do as they please during that time.
Vacation time and Indiana labor laws breaks
There is no federal or Indiana labor law for breaks related to vacation time and this is optional for the employer if this vacation time is paid or unpaid. However, any promised vacation benefits must be provided to the employee if they are promised by their contract or employment agreement and Indiana labor laws breaks.
Holiday work and classification as Indiana labor laws breaks
Indiana labor law for breaks does not require the employer to give employees holidays off as breaks and they will not have to pay premium wage either. The employer will comply with all provisions sent in the employment agreement, regardless of the conditions for Indiana labor laws breaks or promises of compensation.
Does serving On-Call qualify as an Indiana labor laws break?
For any job that requires employees to be on-call, employees need not be paid for that time unless they have to remain on the employer’s premises or are under the direct supervision of the employer during that time, thus making them accountable to the employer and technically in a work environment. Any employee that must remain in the workplace while on-call and is not free to do as they please will have the right under Indiana labor law for breaks to be paid for that time spent on-call doctors in a hospital, for example, would be paid for working on-call if they must remain in the hospital during that time.
In general, there is no provision for an Indiana labor law break in state law. Only federal guidelines exist to regulate Indiana labor law break and employers will abide by that standard. Though there are not many Indiana labor law break provisions, employees might be entitled to a break under employment agreement, including collective bargaining agreements. IN labor law breaks will obligate the employer to provide these breaks if they are provided as part of the employment agreement. For professions that require the employee to serve on-call, whether this constitutes a break or overtime pay under IN labor law breaks, is subject to the employment agreement and nature of the profession.
What is the Indiana labor law break for minors?
Federal law defines the Indiana labor law break for workers that are minors. These workers, who are under the age of 18, are entitled to one 30-minute break or two breaks that add up to 30 minutes under IN labor law breaks. There are no limits on when the breaks can be used for these minors and this is one of several regulations on the employment of minors. The federal and Indiana labor law break regulations state these breaks have to be logged for record keeping purposes.
How do union members know if they are entitled to breaks under Indiana labor law break regulations?
Though there are no provisions within the law that state that the union members must have breaks, if they are included then will be abided by under possible penalty of civil action. Discussing the collective bargaining agreement with the union representative might be necessary to determine if a worker is entitled to an Indiana labor law break. The conditions and extent of the IN labor law breaks are left up to the agreement and compliance with federal law.
How does federal law affect the paid Indiana labor law break?
Federal law requires a lunch break of at least 30 minutes for employees that work more than six hours. This is not a paid break. There are other provisions for 20 minutes worth of paid break, though this generally means the employee cannot leave the premises. If employees may not leave the premises or do as they please during the meal break, then they may have to be paid for that break as well.
What does Indiana labor law break say about time spent on call?
Where the employee spends the time “on-call” is the most important factor in determining if they are entitled to be paid under IN labor law breaks regulations. There are also considerations for the type of profession. If the employee must remain on the company premises or are otherwise restricted in movement, then they will be paid for that time on call. There limited exceptions for certain students and those under training. IN labor law breaks are not necessarily applied to time spent on call, but overtime pay might be in effect, especially when figuring compensation for the time spent “on break” waiting for an assignment under IN labor law breaks regulation.