Indiana Wage and Hour Investigations: What you need to know

Employers must allow the commissioner of labor (and his or her authorized representative) to enter their places of employment to inspect employment records (IN Code Sec. 22-1-1-16). With exceptions for certain types of jobs, employers must maintain accurate records of each employee's daily and weekly hours worked and wages paid per pay period. In addition, each employer is required to provide true and specific answers to all of the commissioner's questions (IN Code Sec. 22-1-1-15). The commissioner may administer oaths, take depositions of witnesses, issue subpoenas, and compel the production of papers, books, accounts, relevant payrolls, records, and testimony (IN Code Sec. 22-1-1-17).
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Violations of Indiana's Minimum Wage Law of 1965 include:
• Discharging or discriminating against an employee for trying to recover wages due;
• Paying or agreeing to pay an employee less than the applicable minimum wage; or
• Failing to meet recordkeeping requirements.
An employer that violates the state's wage payment laws may be ordered to pay wages due, attorneys’ fees, and court costs. If it is found that the employer’s failure to pay wages was done in good faith, no liquidated damages are owed; but if the employer did not act in good faith, the employer will also owe the employee liquidated damages equal to double the amount that the employer owes the employee in wages.

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