What to Do If You Think Your Boss Is Stiffing You?

Question

I am currently employed part-time at a movie rental store. The owner, when he hired me, told me that he didn't have to pay the minimum wage because he only has six workers. I checked out the laws on minimum wage and they didn't say anything about the number of employees but only if the store did more than $500,000 or is involved in interstate commerce. Would I have a legitimate case if I demanded to be paid minimum wage? Right now, he pays $5 per hour.

Answer 1

From the particular brand of legalese you are spouting, it sounds as if you checked the federal minimum wage controls, set out in the Fair Labor Standards Act. And that law would likely entitle you to be paid at least 15 additional cents per hour.

Employers are bound to comply with the wage law, either federal or state, that is most generous to employees. And under your state law, the numbers are on your side, too. In the Hoosier State, where you make your home, employers who have two or more employees must pay workers the current minimum wage of $5.15 per hour.

Like other state law, Indiana's mentions a few exemptions, including workers who are under 20 years old, who get tips, are family members, those who work for a religious order and suchlike other specifics. There is an off chance you might fit under one of these specific exemptions. If you want to take a look at the letter of the law before throwing the book at your employer, you can find it at: Indiana Code Annotated, Section 22-2-2-3.

Your first best bet is probably to calmly inform your employer about the law that applies. If those pleas fall on deaf ears, contact your local labor department. Minimum wage laws are taken quite seriously these days--and employers who violate them are duly reprimanded--often made to pay fines to boot.