Employees in Maryland are guaranteed certain basic rights and protections from employers’ unfair labor practices. This includes the right to minimum wage and compensation for overtime.
If you believe your employer has failed to provide you adequate compensation for your work, contact The Law Offices of Peter T. Nicholl as soon as possible. For more than 30 years, our lawyers have been dedicated to protecting the rights of workers. We have worked with numerous victims of wage and hour violations throughout Maryland to recover the wages they were rightfully owed. We will provide you with a free, no obligation consultation to determine if your rights as an employee were violated. Our Maryland fair labor standards attorneys do not charge upfront legal fees or costs and only require payment if you recover the compensation you deserve. There is no risk in scheduling a free review of your claim to find out if you have a valid case against your employer.
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The Fair Labor Standards Act (FLSA) was created in 1938 to establish the standards for fair treatment and adequate compensation for workers in the private sector and in federal, state and local governments.
The FLSA provides employers with federal standards on how to treat and compensate employees, such as:
In addition to the protections offered by the FLSA, Maryland workers are also protected under the Maryland Wage Payment and Collection Law, which outlines how employees must be paid, and the Maryland Wage and Hour Law, which covers minimum wage and overtime. Employers are required to follow whichever law has a higher standard and offers better protections for employees.
At The Law Offices of Peter T. Nicholl, our attorneys have a detailed understanding of the laws that protect employees. We will conduct a thorough review your employment status, pay rates and number of hours worked to reach an informed decision about whether you have a case against your employer.
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As outlined in the FLSA, most employees are entitled to receive a minimum wage. The federal minimum wage as of July 24, 2009 is $7.25 per hour. However, if a state has its own minimum wage laws, the employee is entitled to receive the higher of the two wages.
Because of this, most Maryland workers are entitled to receive the state’s higher minimum wage of $9.25 per hour, effective July 1, 2017. On July 1, 2018, that rate increases to $10.10 per hour.
Although this applies to most employees, certain types of employees have different requirements.
If tipped employees regularly receive more than $30 in tips each month, employers may apply a tip credit toward the hourly minimum wage that is owed to the employees. However, the amount must be adjusted so that each employee receives at least minimum wage for every hour worked.
Tip credit laws exist at the local, state and federal level, and employers are required to apply the credit that gives the employee the highest wage after the credit is applied.
To calculate a tip credit, the required amount an employer must pay a tipped employee is subtracted from the total minimum wage rate due. In Maryland employers must pay at least $3.63 per hour. Under the FLSA, employers must pay at least $2.13 per hour.
If an employee does not receive enough tips to make up the difference between the direct wage payment and the minimum wage, the employer must make up the difference.
Additionally, if an employee receives only tips and is not paid cash, he or she is owed the full minimum wage. Furthermore, an employer cannot make deductions from an employee’s paycheck or tips for cash register shortages, walk outs or broken items.
Maryland law requires that amusement and recreational establishments pay employees at least 85 percent of the state minimum wage or the full federal minimum wage of $7.25 per hour, whichever is higher.
Employees who are under the age of 20 must receive at least 85 percent of the state minimum wage for the first six months they are employed by a company.
If you were not paid minimum wage for all hours you worked, you may have a claim against your employer. Contact The Law Offices of Peter T. Nicholl for a free, no obligation consultation to learn more.
Learn more about your right to minimum wage by calling 410-244-7005.
Both the FLSA and Maryland law require that most employees be paid at least one and one-half times their usual hourly rate for all hours work in excess of 40 hours per week. This is known as overtime pay.
In Maryland, there are special requirements for certain employees:
If you believe you did not receive the overtime payment you were owed for the hours you worked, you may have a claim. Contact our trusted attorneys for a free and confidential review of your claim.
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While most employees are entitled to these minimum wage and overtime requirements, both the FLSA and Maryland law identify certain employees who are exempt from these protections.
It is not uncommon for employers to attempt to misclassify workers as exempt employees to avoid having to pay overtime. However, if the employee does not fit one of these descriptions, he or she is entitled to overtime pay regardless of how the employer classified him or her.
Certain other Maryland employees are also exempt from both the minimum wage and overtime laws:
Our attorneys can help you determine if you have been improperly classified as an exempt or nonexempt employee and if you are owed minimum wage or overtime pay.
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Additionally, the FLSA and Maryland labor laws only protect employees. They do not require that independent contractors receive minimum wage and overtime protections.
When determining if you are an employee that is entitled to the provisions of the FLSA, the law considers several factors, such as:
In Maryland, workers in the landscaping and construction industries also have additional requirements for being identified as an employee or independent contractor.
Employers often misclassify employees as independent contractors to attempt to avoid paying minimum wage and overtime. Our attorneys can help you determine if you were incorrectly labeled as an independent contractor and if you are entitled to additional wages.
Call 410-244-7005 to find out if you are entitled to FLSA benefits.
If you believe your employer has violated the FLSA you may file a claim with the U.S. Department of Labor’s Wage and Hour Division (WHD).
The WHD is the federal agency charged with overseeing employers to ensure they follow the guidelines of the FLSA. This includes providing nonexempt employees with minimum wage, keeping certain basic payroll and employment records, and limiting the number of hours and types of jobs for children under the age of 18.
To report an FLSA violation, you must contact your local WHD field office and provide the following information:
Additionally, you should provide any records or documentation that details the course of your employment. This includes copies of pay stubs, personal records of hours worked or other information detailing your employer’s pay practices.
However, you only have two years to report an FLSA claim and collect any back wages or unpaid compensation you may be owed. The two-year deadline begins on the date the FLSA violation occurred. However, if your employer intentionally violated the FLSA, the statute of limitations will be extended to three years, according to 29 U.S. Code § 255.
During a free consultation, our Maryland employment attorneys will advise you on which employment documents you need to properly file an FLSA clam. We will help you compile as much evidence as possible to build a case that supports your claim.
Call 410-244-7005 to find out if you have a case.
If you have filed an FLSA violation complaint, the WHD may investigate your FLSA claim to determine if your employer has complied with federal and state wage and hour laws, to review any potential employment law violations, and to ensure your employer complies with federal and state labor standards.
The WHD investigator will review your employer’s employment and labor practices to determine if you and other employees have been properly paid according to the U.S. Department of Labor’s (DOL) standards. Typically, a WHD investigation will involve the following steps:
Typically, the WHD will not disclose the reason it is investigating a company or employer. Additionally, the WHD will protect the claimant by making his or her identity confidential.
As experienced attorneys in Maryland, we are familiar with how the WHD investigates FLSA violation claims. We will assist you during the WHD’s investigation by informing you of your rights and helping you interact with the investigator.
To get started, complete a Free Case Evaluation form.
If you believe your employer has violations your protections and rights under the FLSA, do not hesitate to contact The Law Offices of Peter T. Nicholl for a free, no obligation consultation.
We will review your claim to determine if you have a valid complaint against your employer. Our experienced attorneys will help you report your employer to the WHD and help you recover the compensation and wages you deserve.
All of our services are provided on a contingency fee basis. This means we do not charge our clients upfront legal fees or costs. You will only have to pay us if we recover compensation for your claim.
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