Wilson Melton, LLC Wilson Melton, LLC 2026-07-21T05:00:46Z https://www.wilsonmelton.com/feed/atom/ WordPress /wp-content/uploads/sites/1403815/2022/12/cropped-Site-icon-Wilson-32x32.jpg On Behalf of Wilson Melton, LLC <![CDATA[Paid correctly? Signs of wage and hour violations in Indiana]]> https://www.wilsonmelton.com/?p=47722 2026-07-21T05:00:46Z 2026-07-21T05:00:46Z Signs 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=47716 2026-06-30T23:47:29Z 2026-06-30T23:47:29Z 1. 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=47714 2026-06-21T12:10:14Z 2026-06-21T12:10:14Z Yes, 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.  ]]> On Behalf of Wilson Melton, LLC <![CDATA[Why disability discrimination may be hard to notice]]> https://www.wilsonmelton.com/?p=47712 2026-06-19T15:37:48Z 2026-06-19T15:37:48Z Exclusion may limit the information you receive Subtle problems may start when information stops reaching you. A supervisor might stop inviting you to planning meetings after you request a modified schedule for medical appointments. Your team could leave you out of project updates after you begin using an accommodation, such as remote work on certain days. These gaps may affect more than your sense of inclusion. If you miss early context for a project, you might have less time to prepare. If coworkers discuss priorities without you, others may view your work as less responsive. When these patterns begin after you ask for reasonable accommodation, they could undermine its purpose by creating new barriers to participation, communication, and performance. You may find this pattern difficult to explain because each incident might seem minor by itself. A missed meeting or a late update might not look serious in isolation. Together, these details could affect how fully you participate in your work.

Assumptions could reduce your role

Bias tends to come from inaccurate perceptions about your abilities or needs. A manager might think you do not want a demanding project after learning about your condition. A coworker may believe your medical restriction makes you less reliable. Those assumptions could lead others to make decisions for you without consultation. For example, a supervisor might exclude you from client meetings after learning you wear a hearing aid, even though you have successfully participated in similar meetings before. Decisions such as this may sound protective or practical at first, but it could still reduce your role.

Patterns deserve a closer look

These situations may not always happen because of a disability. They could result from miscommunication, management decisions or other issues unrelated to your medical restriction. However, the issue often becomes clearer when you look at the pattern rather than one decision. If these changes begin to affect your daily work or future opportunities, they might deserve closer attention and prompt you to consider taking action.]]> On Behalf of Wilson Melton, LLC <![CDATA[More work, same pay?]]> https://www.wilsonmelton.com/?p=47709 2026-06-10T20:48:44Z 2026-06-10T20:48:44Z Getting more tasks without more pay can feel unfair, especially when your role keeps growing beyond what you agreed to do. In many workplaces, duties change over time, but that does not mean your concerns should be ignored. Concerns about your employment may include unpaid overtime, misclassification, retaliation or changes that affect your wages. If your workload keeps increasing, it helps to respond calmly and keep clear records. 

Put the extra work into writing

Start by tracking each new task, who assigned it and when it was added. Save emails, messages, schedules and job descriptions. This record can help show whether your duties have changed significantly. It may also help you explain the issue without sounding emotional or unclear.

Ask for a clear pay conversation

Once you have examples, ask to meet with your supervisor or the HR department. Keep the tone professional and focus on the gap between your current duties and your current pay. You can ask whether your role can be reviewed, whether a raise is possible or whether some tasks can be removed. Try to get any response in writing so there is a clear record.

Know the value of outside guidance

If your employer keeps adding work but refuses to discuss pay, third-party guidance may help you understand your options. This can be especially important if you are working extra hours without proper overtime pay or if you feel punished for raising concerns.  A legal professional can review your situation and explain whether your rights may be affected. You do not have to wait until the problem becomes worse. Extra work without fair pay can place real pressure on your time, income and peace at work. Before making a major decision, it may be helpful to seek legal guidance so you can understand the best way to protect yourself.]]> On Behalf of Wilson Melton, LLC <![CDATA[Did discrimination cost you that job?]]> https://www.wilsonmelton.com/?p=47707 2026-05-28T15:29:39Z 2026-05-28T15:29:39Z Finding a job can be incredibly challenging, and some fields are particularly competitive. You shouldn’t be too surprised at rejection.  What happens, however, if you leave a job interview with the distinct feeling that you were the ideal candidate – except for your race, age, religion or another protected characteristic? Here’s how to determine if discrimination may have played a part in a company’s hiring processes.

The difference between preference and discrimination

While employers may hold and exercise subjective preferences when hiring, those preferences cannot be discriminatory against someone based on their membership in a protected class. As absurd as it may seem, an employer could choose not to hire you because you root for the wrong football team or you didn’t go to an Ivy League college like most of the staff. That would not be illegal. But if their reasoning was based on your “race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information,” then that would amount to illegal discrimination.

How do you prove discriminatory hiring practices?

Proving discrimination in hiring can be challenging, as employers have a range of possible excuses they could give as to why they did not pick you for a job. They may claim someone else was better qualified, or interviewed better than you, for example. However, patterns in hiring practices often reveal a lot, and claims are not impossible. Seeking legal guidance on whether discrimination was behind your denial is always wise. With a thorough investigation, you may be able to build sufficient evidence to warrant filing a claim against the employer to hold them accountable for their actions.]]> On Behalf of Wilson Melton, LLC <![CDATA[Did your employer inaccurately alter your timesheet?]]> https://www.wilsonmelton.com/?p=47705 2026-05-14T17:42:39Z 2026-05-14T17:42:39Z It is not necessarily illegal for your employer to make changes to your timesheet, which records your work hours. Perhaps you use an electronic system at work where you log into a computer and clock in for the day, and you log back out at the end of your shift. Your employer likely has administrative access, so they can also log you in and out or change the times that were previously recorded. The key for employers to remember is that this always has to be done accurately and fairly. The goal should be to maintain accurate records to ensure that all employees are paid correctly. For instance, say that your shift starts at seven in the morning. One day, you are feeling rather tired, and you simply forget to log in. You do not remember until 10 in the morning, when you take a break and realize that your hours have not been tracked. If you log in at 10, but your employer later alters the time to 7:00 a.m., it is just accurately representing the hours you actually worked.

When it becomes wage theft

Problems arise if your employer makes alterations that reduce your pay when those changes are not accurate.  For instance, perhaps you work 42 hours during a week, and so you are owed overtime pay. Your employer changes the time that you worked on Friday to bring it back down to 40 hours, hoping not to pay time and a half. This is a form of wage theft because you are losing out on compensation that you deserve. So, while your employer may have legal access to those records, changes can still be problematic. Make sure you know what legal steps to take during a wage and hour dispute.  ]]> On Behalf of Wilson Melton, LLC <![CDATA[What is considered a disability by the ADA?]]> https://www.wilsonmelton.com/?p=47703 2026-04-28T08:08:32Z 2026-04-28T08:08:32Z The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including in employment. This act makes it unlawful for an employer to treat a job applicant or employee unfavorably based on their disability status.  But who is protected by the ADA?  

How does the ADA define disability?

Under the ADA, a disability is a physical or mental impairment that substantially limits a major life activity. You must have a substantial impairment to be protected, not a minor one. This includes an impairment that significantly limits or restricts hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for yourself, learning or working. The ADA also protects individuals with a history of a disability, even if they have recovered. So, if your records show a past substantial impairment, you can take action against an employer who discriminates against you based on the past disability. Moreover, if an employer believes you have a disability, even if you don’t, the ADA protects you. For instance, when an employer treats you unfavorably based on a perception/belief that you have a disability. This is called "regarded as" discrimination.

Qualified to perform essential job duties

In addition to meeting the ADA’s definition of a disability, you must also be qualified to perform the essential duties of the job in question, with or without reasonable accommodation, to be protected. Thus, you must have met the employer’s requirements for the job and be able to perform the job’s essential functions, either with or without reasonable accommodation.  Employers are required to provide reasonable accommodation to allow a qualified applicant or an employee with a disability to participate in the application process or perform the essential functions of a job. The ADA protects many individuals with disabilities. Get more information about whether you are protected and what to do when you experience workplace discrimination.  ]]> On Behalf of Wilson Melton, LLC <![CDATA[Can your employer fire you while on FMLA?]]> https://www.wilsonmelton.com/?p=47700 2026-04-23T10:34:29Z 2026-04-23T10:34:29Z Why your employer can still fire you A common misconception about taking FMLA is that it freezes your employment status entirely. In reality, FMLA protects you from being terminated because you took leave. If a legitimate reason exists that would have happened regardless of the leave, your employer may proceed with their decision. Common examples can include:
  • Reduction in force or mass layoffs
  • Pre-existing performance issues
  • Issues discovered post-leave
  • Company closure
Your employer can hold you to the same standards as everyone else, even if you are on leave.

When an employer cannot legally end your employment

Your rights under FMLA protect you from retaliation. Employers cannot fire you because you took leave. The law prohibits them from using your leave as a negative factor in employment decisions. Identifying whether retaliation occurred requires you to look at these crucial signs:
  • Did your employer fire you immediately after requesting leave?
  • Is there an inconsistency in explanations from your boss and the human resources department?
  • Were you meeting the company’s performance standards before your leave?
If you suspect retaliation, the burden of proof shifts to the employer. However, you must prove that the reason for your termination is a pretext for discrimination.

Holding your employer accountable

Your priority is to preserve evidence, even if you are out of the company. Collect performance reviews and save email threads where you discussed your leave with your boss. Additionally, avoid signing any severance or release forms immediately. Because Indiana’s at-will employment laws and federal FMLA protections overlap in complex ways, it would be wise to seek advice from an employment law attorney.]]> On Behalf of Wilson Melton, LLC <![CDATA[What information can an employer require of a disabled employee?]]> https://www.wilsonmelton.com/?p=47697 2026-04-12T17:49:21Z 2026-04-12T17:49:21Z Under the Americans with Disabilities Act (ADA) and state laws, Indiana employers are required to provide “reasonable accommodation” to any employee with a disability or other medical condition who requires such accommodation to do their job. That’s unless it would create “undue hardship” for the employer. According to the Equal Employment Opportunity Commission (EEOC), an undue hardship could be financial or accommodations “that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.” Unfortunately, some applicants and employees are hesitant to ask for this accommodation because they don’t want to reveal or call attention to their disability and open themselves up to intrusive questions. Some people are happy to answer questions and educate others about a disability or condition. Others don’t feel comfortable doing that. That’s why it’s important to know how much information employers are entitled to when being asked to provide reasonable accommodation.

The questions need to center on the job

Employers aren’t supposed to ask an applicant or employee if they have a disability, what it is or any details about it. All they can ask is whether a person can perform the functions of the job with reasonable accommodation and what accommodation is necessary. Then they can determine whether that would cause undue hardship or not. It’s typically best when employees can offer valid options based on what has worked for them in the past. This can help employers more easily accommodate them. An employee should never be expected to answer intrusive questions as a quid pro quo for obtaining an accommodation (as in, “Well, I’d like to help you, but I need to know more about your condition.”)

Limited medical documentation can be required

Employers can require a doctor’s letter or other documentation affirming that an employee has a medical necessity for one or more accommodations to perform the required functions of their job. However, a doctor isn’t required to disclose any information that isn’t required of others in that job. Neither can an employer require an applicant or employee to undergo any tests (for example, drug testing) that aren’t required of others. Retaliation against an applicant or employee for not providing unnecessary information is prohibited. Of course, it happens – and it can be hard for a person with a disability to prove that their disability or refusal to provide information was the cause unless an employer is foolish enough to say it. Navigating the workplace with a disability is often challenging. Having experienced legal guidance can help those who believe they’ve faced discrimination that’s cost them a job or hampered their career.]]>