Wilson Melton, LLCWilson Melton, LLC2026-10-06T19:50:32Zhttps://www.wilsonmelton.com/feed/atom/WordPress/wp-content/uploads/sites/1403815/2022/12/cropped-Site-icon-Wilson-32x32.jpgOn Behalf of Wilson Melton, LLC<![CDATA[Can you sue for unpaid training time?]]>https://www.wilsonmelton.com/?p=477462026-10-03T14:59:48Z2026-10-03T14:59:48ZWhen must employers pay for training time?
The Fair Labor Standards Act (FLSA) treats training as compensable work time unless specific conditions are satisfied. Training may be excluded from paid hours when:
It is not directly related to the employee's current job
It does not involve productive work
If the employer requires attendance or the training is designed to help employees perform their existing duties, the time may need to be counted as hours worked.
Can an employee recover unpaid training wages?
An employee who was not paid for compensable training may have a claim for unpaid wages. If the unpaid training hours also caused the employee to work more than 40 hours in a workweek, overtime requirements may become relevant.
Workers should preserve communications like emails, schedules, training instructions and time records showing when training occurred and whether attendance was required. These records can help establish the amount of time worked and the circumstances surrounding the training.
Because the outcomes of wage disputes depend on the specific facts at issue, an Indianapolis employee who believes required training was improperly left off a paycheck may need to review the situation with a qualified employment legal professional. Early review can help determine whether the training qualifies as compensable work and what remedies may be available.]]>On Behalf of Wilson Melton, LLC<![CDATA[Can you take FMLA leave for a few hours at a time?]]>https://www.wilsonmelton.com/?p=477442026-09-21T22:32:34Z2026-09-21T22:32:34ZIntermittent leave is often the most flexible
Leave taken a few hours at a time is called intermittent leave. It can help you keep working while you go to doctor or clinic appointments, receive chemo or physical therapy or otherwise manage a serious health issue.
Intermittent FMLA leave must be medically necessary when it is taken for your own serious health condition or to care for a covered family member with one. For example, you might need two hours a week for a recurring appointment, occasional time off during a flare-up of your chronic condition or a shortened workday after receiving certain treatment due to nausea or fatigue.
Your employer does have the right to ask for documentation supporting the medical need for leave, along with an estimate of its expected frequency and duration. In addition, you are generally required to make a reasonable effort to schedule your leave (as much as possible) so that it doesn’t unduly disrupt your employer’s operations.
Your employer does not have the right to automatically charge a full day against your FMLA leave when you only take a few hours. They also cannot count your leave against you under an attendance policy to punish you.
If your employer insists that all your FMLA-related absences must be a full day or retaliates against you for using approved intermittent leave, it may be time to seek legal guidance. Keep a record of all your requests, communications about leave, approvals, denials and attendance notices. That can help an employment law attorney determine if your FMLA rights have been violated.]]>On Behalf of Wilson Melton, LLC<![CDATA[Can I get fired for getting pregnant back-to-back in Indiana?]]>https://www.wilsonmelton.com/?p=477392026-09-08T00:22:46Z2026-09-08T00:22:46ZHow does FMLA apply to consecutive pregnancies?
Eligible employees may receive up to 12 workweeks of unpaid, job-protected FMLA leave during the employer’s designated 12-month leave period. That time may cover:
Prenatal appointments
Pregnancy complications
Recovery after childbirth
Bonding with a newborn
FMLA does not automatically provide a separate 12-week leave for each pregnancy. If you become pregnant again before the leave year resets, time used for your first pregnancy and childbirth may reduce the leave available for the second pregnancy.
To qualify, you generally must have worked for the employer for at least 12 months and completed 1,250 hours during the preceding 12 months.
You must also work for an employer with at least 50 employees within 75 miles. Because unpaid leave does not count as hours worked, an extended first leave could affect later eligibility.
When could an employer lawfully end employment?
An employer cannot use repeated pregnancies or protected FMLA absences as the reason for termination. It may still act for an unrelated, legitimate reason, such as documented misconduct, a reduction in force or poor performance handled consistently with other employees.
Risk increases when an employee exhausts FMLA leave and cannot return. Even then, the employer should consider whether another law requires an accommodation. Under the Pregnant Workers Fairness Act, a covered employer may need to provide temporary changes, including additional leave, unless doing so would create an undue hardship.
If termination follows a pregnancy announcement or leave request, the timing and employer’s explanation deserve careful review. A qualified legal professional can assess whether the decision issue violated FMLA or pregnancy-discrimination protections.]]>On Behalf of Wilson Melton, LLC<![CDATA[Suspect a wrongful termination is coming? 5 things to save]]>https://www.wilsonmelton.com/?p=477372026-08-28T11:03:58Z2026-08-28T11:03:58Zanother unlawful motive. Preserving some important documents can help you immensely if you end up in a wrongful termination lawsuit. Act before you lose access to your work email or employee portal to preserve what you can, but do so carefully. Save only records that you are lawfully entitled to keep, such as:
1. Performance reviews and disciplinary records
Save copies of your performance evaluations, commendations, awards and written disciplinary notices. A history of positive reviews may be significant if your employer now claims that your work has long been unacceptable.
2. Relevant emails and messages
Preserve communications related to your performance, job duties and the events leading up to the suspected termination. This may include emails from supervisors complimenting your work, assigning new responsibilities or acknowledging that you met important goals. Save the complete exchanges, when possible, so that the context and dates are clear.
3. Employment policies and agreements
Keep copies of your offer letter, employment contract, employee handbook and any policies related to discipline, attendance, leave or workplace complaints. Although a policy violation does not automatically make a firing illegal, it may matter if the employer treated you differently from other employees or failed to follow its written procedures.
4. Pay, leave and attendance records
Download your pay stubs, time records, commission statements and benefit information. If medical or family leave is involved, save leave requests, medical certifications and approval notices. These documents may help establish your financial losses as well as show that the termination is tied to your use of a legally protected right.
5. A written timeline of events
Create a timeline of events while the details are still fresh. Record dates, major players, witnesses and what was said or done. Include important events such as your complaints, accommodation requests you’ve made, disciplinary meetings you’ve been subjected to and changes in your treatment at work.
Finally, know that if you suspect that wrongful termination is imminent, an employment attorney can review your records, identify possible claims and help you decide what to do before or after the firing occurs.]]>On Behalf of Wilson Melton, LLC<![CDATA[How disability discrimination can show up in workplace training]]>https://www.wilsonmelton.com/?p=477292026-08-13T14:43:01Z2026-08-13T14:38:15ZUnequal access to training opportunities
Your manager should not leave you out of training because of your disability. This can include job training, skill-building courses or other programs that your coworkers can attend.
Federal law generally bars covered employers from treating qualified workers differently in job training because of a disability. If you qualify for the program, your manager should not exclude you based on assumptions about your condition.
Different treatment during training
An accommodation can change how your employer delivers training without keeping you from taking part. For example, your employer may change the format or schedule to meet your needs.
The problem is different when your manager says you cannot take part in certain activities because of your disability. They may also give you different exercises based on assumptions about your condition. This could limit the skills you gain compared with coworkers who complete the regular work.
Take the concern seriously
Training should not give you fewer chances to learn or develop skills because of your disability. Even an action that looks helpful on the surface can create an unfair result.
If you notice this type of treatment, an employment attorney can help you evaluate what happened. You can also review emails, training materials and other records with your lawyer so you can understand your options and decide what steps to take.]]>On Behalf of Wilson Melton, LLC<![CDATA[Is it legal for co-workers to receive different pay and benefits?]]>https://www.wilsonmelton.com/?p=477272026-10-06T19:48:47Z2026-08-08T00:16:07ZDifferent compensation does not automatically mean something is wrong
It is common for workers in the same work environment to receive different compensation packages. Several legitimate factors can explain those differences, including:
Length of employment within the company
Previous experience or specialized skills
Professional certifications or education
Performance evaluations
Shift schedules, overtime responsibilities or supervisory duties
Negotiated employment contracts
Geographic work location for multi-site employers
An employer may also offer retention bonuses, hiring incentives or additional benefits to fill difficult positions. These business decisions are usually lawful when they are based on objective and legitimate reasons.
When can different pay raise legal concerns?
The situation changes when compensation decisions are influenced by unlawful discrimination. Federal laws such as Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act and the Age Discrimination in Employment Act prohibit employers from making compensation decisions based on protected characteristics. Examples may include unequal pay or benefits because of:
Race
Color
National origin
Sex
Religion
Disability
Age (for employees age 40 and older)
Indiana follows the doctrine of at-will employment. This means employers have broad discretion to determine wages, raises, bonuses and benefits, provided they do not violate employment contracts or anti-discrimination laws.
If you suspect that recent compensation decisions were influenced by unlawful factors, you may benefit from learning more about your workplace rights and the legal protections that apply to your particular circumstances. Seeking legal guidance is a sound way to get started.]]>On Behalf of Wilson Melton, LLC<![CDATA[I worked overtime but wasn’t paid. What can I do?]]>https://www.wilsonmelton.com/?p=477252026-08-02T14:22:40Z2026-08-02T14:22:40Zleave you frustrated, especially if you depended on that income. Indiana employees are protected by federal and state wage laws. While every case is unique, knowing your rights is the first step toward recovering unpaid wages.
How to confirm whether you should have received overtime
Most non-exempt employees must receive overtime pay at one and one-half times their regular rate for every hour worked over 40 in a workweek. Your employer cannot simply decide to skip overtime because business was busy or payroll costs increased.
Before raising the issue, gather information such as:
Your timecards or clock-in records
Work schedules showing your extra shifts
Pay stubs from the affected pay periods
Any emails or text messages approving overtime
These records make it easier to identify whether the missing wages resulted from a payroll mistake or a larger problem.
What next if my overtime is missing?
Start by bringing the issue to your supervisor or payroll department. In some cases, an administrative error can be corrected quickly. However, if your employer refuses to pay earned overtime or ignores your concerns, you may have additional legal options. Depending on the circumstances, you may be able to pursue unpaid wages, recover additional damages or seek other remedies available under the law.
If you work overtime during the holidays but your paycheck does not reflect those hours, speaking with an employment law professional can help you understand your rights under Indiana and federal law. if you act fast, you may improve your ability to recover the wages you’ve earned.]]>On Behalf of Wilson Melton, LLC<![CDATA[Paid correctly? Signs of wage and hour violations in Indiana]]>https://www.wilsonmelton.com/?p=477222026-07-21T05:00:46Z2026-07-21T05:00:46ZSigns of wage and hour violations
Wage theft are often hidden in small details, such as:
A lack of overtime pay after working more than 40 hours in a single week
Unexplained deductions that reduce an employee’s take-home pay
An exempt salary classification that denies overtime pay despite nonexempt job duties
A final paycheck that never arrives after quitting or termination
Unrecorded hours spent on tasks like answering calls before or after a shift
Indiana law recognizes each of these circumstances as a potential violation, and spotting them quickly can help employees pursue action before the problem becomes more complicated.
Understanding Indiana law
Indiana ties its minimum wage to the federal standard rate of $7.25 per hour. When nonexempt employees work more than 40 hours in a single workweek, they are entitled to 1.5 times their regular rate of compensation for every hour over 40. Additionally, state law requires employers to pay all employees at least semi-monthly or bi-weekly if requested.
Indiana law also protects workers who pursue their unpaid wages. It gives employees two years from the date a claim arises to file a lawsuit. Courts may award liquidated damages of up to twice the unpaid wages in addition to the wages owed, which can result in a total recovery of up to three times the unpaid amount, plus attorneys’ fees.
What to do when you suspect wage theft
Carefully review pay stubs and time records and compare them with the actual hours worked. While timesheets can help verify the working hours, direct conversations with employers may help identify the payroll inaccuracies.
The Indiana Department of Labor accepts wage and hour claims directly. Employees who notice irregularities with their paycheck should seek clarification. A prompt decision to collaborate with legal counsel can help workers review every detail and understand their options.]]>On Behalf of Wilson Melton, LLC<![CDATA[3 requirements for workers seeking unpaid FMLA leave]]>https://www.wilsonmelton.com/?p=477162026-06-30T23:47:29Z2026-06-30T23:47:29Z1. Qualifying circumstances
There are three scenarios in which FMLA leave is available. Workers can ask for FMLA leave when they need medical care, must provide a family member with medical support or have just added a child to their family.
2. A large enough employer
For the FMLA to apply, a business must be large enough to absorb the cost and disruptions associated with a worker taking unpaid medical leave. Typically, that means that the business must have at least 50 workers within 75 miles of where the employee generally performs their job.
3. Sufficient work history
A professional must have an established presence at a company for FMLA leave to be an option. If a pregnant woman takes a new job during her second trimester, the FMLA likely does not apply to her. Generally speaking, a worker must have been with the company for at least a year and must have performed at least 1,250 hours of paid work in the preceding 12 months to be eligible.
Understanding the rules for FMLA leave can help people recognize when companies may have violated their rights. An attorney can be helpful in cases where workers struggle to secure the leave that they need and/or face retaliation after making a leave request.]]>On Behalf of Wilson Melton, LLC<![CDATA[Is it legal for your employer to reduce your pay?]]>https://www.wilsonmelton.com/?p=477142026-06-21T12:10:14Z2026-06-21T12:10:14ZYes, it is likely legal for your employer to reduce your pay. It may not be ideal, but they can issue a pay cut. They are not legally obligated to continue paying you the same amount that you were offered when you were hired, unless there is an employment contract in place stipulating how much you must be paid.
That said, there are some issues that could make a pay reduction illegal. One is if it applies to hours that you already worked. Your employer cannot retroactively reduce your pay for hours that are already on the books when you thought you were earning a higher pay rate. All they can do is tell you that they are cutting your pay moving forward.
The role of discrimination
Another important thing to consider is how the pay cut happened and what reason was given.After all, the reason cannot be illegal. If your employer is discriminating against you, that could be a violation of your rights. Perhaps you recently converted to a new religion, for instance, and then they cut your pay. You believe it is simply religious discrimination.Or perhaps you recently became pregnant, and you think your employer is cutting your pay in an effort to get you to quit your job. They may be trying to remove you from the workforce to avoid maternity leave, but they do not want to risk a wrongful termination lawsuit.Finally, the pay cut cannot be retaliatory. Maybe you recently reported racial discrimination on the job, and your employer's response was to cut your pay. That may be illegal retaliation for your report.
What are your legal options?
As you can see, a pay cut is likely legal, but it could be a red flag for other illegal activity. If this happens to you, it can help to work with an experienced attorney to explore your options.
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