employers that try to skirt the numerical threshold by relying on part-time labor also need to be careful.
Under the Act, an employee is considered to be “full-time” if he or she averages at least 30 hours per week – not the 40 hour work week most employers are familiar with for purposes of calculating overtime. Work hours include each hour in which the employee is performing duties for the employer, and each hour in which the employee is not performing duties, but otherwise is entitled to pay because of vacation, holiday, illness, incapacity/disability), or a similar excused absence.
Partner in Barnes & Thornburg LLP’s Indianapolis, Indiana office and a member of the firm’s Labor and Employment Law Department
Represents employers in virtually all aspects of the employment relationship with their employees, including counseling employers with respect to the hiring, discipline and separation of employees, and if necessary, the representation of employers in connection with litigated disputes
Represented employers in a wide variety of matters before state and federal courts, administrative agencies, and in arbitration, including individual and class or collective action claims relating to issues such as discrimination, harassment or wrongful discharge, alleged violations of the terms and conditions of employment, unemployment claims, wage and hour claims, and litigation concerning noncompetition and nonsolicitation agreements
Active in the legal community and recently served as the chair of the Employment Law Section of the Defense Trial Counsel of Indiana
Admitted to practice in Indiana, Florida, the District of Columbia, the U.S. Supreme Court, the Seventh and Eleventh Circuit Courts of Appeal, and all U.S. District Courts for Indiana and Florida
B.A. degree in international relations, cum laude, Florida International University; J.D. degree, cum laude, Miami School of Law
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