Wage Issues
Also Serving the Areas of Glen Burnie, Columbia, Silver Spring, Frederick, Anne Arundel and Howard Counties
Under state and federal law, employees in Maryland are entitled to certain protections with regard to payment of wages and unpaid overtime. With more than 18 years of experience representing employers and employees in Maryland, Annapolis wage issues attorney Joyce E. Smithey and her team of talented legal professionals bring a wealth of insights to pursuing and defending against wage and hour violation claims.
In Maryland, wage and hour issues are governed by the Maryland Wage Payment and Collection Law (the “Maryland Wage Payment Law”), the Maryland Wage and Hour Law, and the federal Fair Labor Standards Act (FLSA). All three laws apply to employers in the private sector, while government employers are exempt from the Maryland statutes and must only comply with the FLSA. Together, these laws provide several important protections for qualifying employees in Maryland; and, when employers violate these protections, employees are well within their rights to hold them accountable. An experienced Maryland wage issues & unpaid wages attorney can help you understand your rights, evaluate your claim, and pursue the compensation you are owed. If you believe your employer has violated any of these protections, call our Maryland wage issues & unpaid wages attorney today to find out if you have a case.
Key Takeaways: Maryland Wage Issues & Unpaid Wages
Here is what Maryland employees should know about wage law protections and unpaid wage claims.
- Maryland employees are protected by three overlapping wage laws: the Maryland Wage Payment and Collection Law, the Maryland Wage and Hour Law, and the federal Fair Labor Standards Act.
- Common wage violations include unpaid overtime, withheld commissions, improper paycheck deductions, and failure to pay all wages owed at termination.
- Non-exempt employees are generally owed 1.5 times their regular pay rate for hours worked over 40 in a week.
- When an employer withholds wages in bad faith, Maryland law allows employees to recover triple damages plus attorney’s fees and costs.
Meet Our Maryland Wage Issues & Unpaid Wages Attorney | Joyce Smithey
Joyce Smithey is the founder of Smithey Law Group LLC and a highly respected employment and labor law attorney with more than 25 years of experience representing employers and employees throughout Maryland and the District of Columbia. Her practice focuses exclusively on employment and labor law, including workplace disputes, administrative hearings, state and federal litigation, employee handbooks, and compliance matters. Before founding Smithey Law Group LLC in 2018, she served as an equity partner and Chair of the Labor and Employment Practice Group at Rifkin Weiner Livingston LLC. With extensive legal experience and a strong commitment to protecting clients’ rights and interests, Joyce Smithey provides knowledgeable and strategic representation tailored to each client’s needs.
Common Wage and Hour Disputes
The Maryland Wage Payment Law, Maryland Wage and Hour Law, and the FLSA cover a wide range of issues pertaining to payment of wages, paid and unpaid overtime, and other matters involving employee compensation. A Maryland wage issues & unpaid wages attorney can help employees understand how these laws apply to their situation and take legal action when employers fail to comply. Some of the issues that most frequently lead to disputes between employers and employees in Maryland include the following:
- Discrimination in Compensation – The Maryland Wage Payment Law and Maryland Wage and Hour Law prohibit private sector employers from basing an employee’s compensation, in whole or in part, on the employee’s age or immigration status. Other discriminatory bases for wage and hour decisions can lead to claims, as well.
- Disputes Over Commissions – For employees who work on commission, disputes often arise over issues such as how commissions are calculated, when the employee has performed all necessary tasks to earn commissions, and when earned commissions are due. Even when employers and employees believe that they have carefully memorialized their understanding in writing, disputes still frequently arise with regard to the parties’ differing understandings of the terms of their agreement. If you are experiencing disputes over commissions, contact a skilled Maryland unpaid wages attorney today.
- Improper Wage Deductions – Other than as expressly permitted by law, employers are only permitted to make deductions from employees’ wages in certain, limited circumstances. These include things like (i) receipt of a court order for wage garnishment, (ii) approval from the Maryland Department of Labor, Licensing and Regulation, and (iii) written authorization from the employee. If the employee can show that his or her employer acted in bad faith in improperly withholding wages, in some cases the Maryland courts can award costs, attorneys’ fees, and triple damages.
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Get Paid What You’ve Earned
Not Getting Paid What You’ve Earned? You Don’t Have To Sort It Out Alone.
Unpaid overtime, withheld commissions, a missing final paycheck — wage issues are stressful to untangle on your own, especially when you’re not sure what your employer actually owes you. At Smithey Law Group, we’ll review your pay records and help you understand where things stand.
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- Nonpayment of Wages Upon Termination – Nonpayment of wages upon termination is a similar issue that can have similar consequences for employers. Except to the extent of any permissible wage deductions, employers in Maryland must pay their employees all wages earned through the date of termination.
- On–Call and Travel Time – Determining whether an employee is entitled to compensation for time spent “on call” or traveling between work locations involves a fact-intensive analysis – and as a result frequently leads to disputes between employers and employees. While commuting time is generally non-compensable, employees frequently must be paid for other forms of travel. Similarly, while employees who are only on call for unlikely emergencies may not be entitled to wages during their on-call time, in other scenarios on-call employees will be entitled to payment for their “nonproductive” hours.
- Overtime – In Maryland, “non-exempt” employees are entitled to overtime pay for hours worked in excess of the standard 40-hour work week. By law, overtime must be compensated at one and a half times the employee’s standard hourly wage rate. Determining whether an employee is “exempt” is not always a straightforward process, and disputes frequently arise regarding employees’ right to overtime pay. If you were not compensated for your overtime work, get an experienced Annapolis wage issues lawyer to fight on your side.
- Paid Time Off (Vacation Pay and Sick Leave) – As employers adapt to employees’ increasing desire for flexibility and seek to grasp a competitive edge in the job market, many companies’ policies regarding paid time off, vacation pay, and sick leave have changed drastically from what they once were. While Maryland employers have a certain amount of flexibility with regard to establishing policies for paid time off and financial compensation for accrued time, once they have policies in place, violating those policies can lead to valid claims by their employees.
Maryland Law Protects Your Paycheck. We’ll Help You Enforce It.
Whether it’s unpaid overtime, a commission dispute, or a paycheck deduction that doesn’t add up, our employment attorneys have spent years helping Maryland employees recover wages they were owed. Let us review your situation and lay out your options.
Schedule A Free ConsultationMeet Your Maryland Wage Issues Attorneys
Every attorney at Smithey Law Group focuses exclusively on employment and labor law. Our wage issues team has recovered unpaid wages, overtime, commissions, and wrongfully withheld compensation for Maryland employees under the Maryland Wage Payment and Collection Law and federal wage and hour statutes.
Our Practice Areas in Maryland:
- Discrimination
- Employee Contract and Severance Negotiations
- Employee Defamation
- Equal Pay Act
- FMLA and Medical Leave
- Independent Workplace Investigations
- LGBTQ+ Workplace Discrimination
- Mediation
- Misclassification
- Sexual Abuse and Harassment
- Wage Discrimination
- Whistleblower
- Wrongful Termination
Contact Maryland Wage Issues Lawyer Today
If you are an employer or employee in Maryland and you have questions about your rights with regard to state or federal wage and hour requirements, Annapolis wage issues lawyers at Smithey Law Group will be happy to discuss your situation in confidence. To schedule an appointment, call (410) 919-2990 or get in touch online today.
Maryland Wage Issues & Unpaid Wages: Common Questions
Straight answers to what Maryland employees ask most about unpaid wages and wage law protections.
Maryland employees are protected under the Maryland Wage Payment and Collection Law, the Maryland Wage and Hour Law, and the federal Fair Labor Standards Act. Together, these laws cover minimum wage, overtime, and the timely payment of wages you have earned.
Common wage violations include unpaid overtime, withheld or miscalculated commissions, improper deductions from your paycheck, failure to pay all wages owed at termination, and violations of an established PTO or vacation policy.
Maryland law allows employees to recover triple damages, along with attorney’s fees and costs, when an employer withholds wages in bad faith. This remedy is meant to make you whole and discourage employers from withholding pay without a legitimate reason.
Non-exempt employees are generally entitled to 1.5 times their regular pay rate for hours worked over 40 in a week. If you are regularly working overtime without that additional pay, or you are unsure whether you are properly classified, an attorney can review your pay records and job duties.
Real Cases, Real Recoveries
Wage Violations Happen Across Maryland
These are real U.S. Department of Labor Wage and Hour Division enforcement cases from across Maryland, from Hyattsville to Annapolis. Explore the map or the list below to see where the Department of Labor has stepped in to recover unpaid wages, then reach out if you think your own paycheck doesn’t add up.
Interactive map loading… If it doesn’t appear, use the case list to the left for full details.