Overtime regulations protect against employee exploitation, ensuring equitable working conditions. In Maryland, both state and federal laws govern overtime policies. Understanding these regulations is vital for a comprehensive grasp of your rights and to ensure fair compensation for any work performed beyond standard hours.
This article aims to explore the legal landscape, regulations, and common practices surrounding overtime work in Maryland by addressing frequently asked questions.
This Article Covers
Understanding Overtime in Maryland
- Is overtime pay mandatory in Maryland?
- When do I qualify for overtime pay in Maryland?
- How much is overtime pay in Maryland?
- Which laws govern overtime in Maryland?
Common Questions About Overtime in Maryland
- Do employers have to pay overtime in Maryland?
- Can an employee refuse to work overtime in Maryland?
- Can I take comp time instead of overtime pay in Maryland?
- Can I get overtime pay in Maryland without employer approval?
- Does Maryland have double-time pay?
- What is working ‘off-the-clock’ in Maryland?
- What are common ways employers avoid paying overtime in Maryland?
Legal Working Hours in Maryland
- Can you work seven days in a row in Maryland?
- How many ten-hour days can you work in a row in Maryland?
- What are full-time hours in Maryland?
- How many hours straight can you legally work in Maryland?
- Is overtime after eight hours or 40 hours in Maryland?
- Does working on the weekend qualify for overtime pay in Maryland?
- How many hours-off between shifts is required in Maryland?
- What does ‘hours worked’ include in Maryland?
- What is the most hours a salaried employee can work in Maryland?
- What is the maximum number of hours an hourly employee can work in Maryland?
Overtime Eligibility in Maryland
- Who is eligible for overtime pay in Maryland?
- Who is exempt from overtime pay in Maryland?
- Can salaried employees get overtime pay in Maryland?
Overtime Payment Calculations in Maryland
- What is my regular rate of pay in Maryland?
- How do you calculate overtime in Maryland?
- How is overtime taxed in Maryland?
Receiving Overtime Payment in Maryland
Violations of Overtime Law in Maryland
- What if my employer refuses to pay me overtime in Maryland?
- What is the penalty for failing to pay overtime in Maryland?
- How can I file a wage claim for overtime in Maryland?
- Can employers retaliate against employees for making a wage claim in Maryland?
Understanding Overtime in Maryland
Is overtime pay mandatory in Maryland?
Employers in Maryland must compensate employees for overtime work, unless certain exemptions apply to either the employee or the employer. Most employers are covered by either state or federal laws, and they must ensure that eligible employees are fairly compensated for any extra hours worked.
When do I qualify for overtime pay in Maryland?
In Maryland, both employers and employees must comply with the federal Fair Labor Standards Act (FLSA) and Maryland Labor and Employment Statutes. According to the FLSA, overtime compensation begins for non-exempt employees after they surpass 40 hours of work in a single work week. There are no daily overtime provisions.
However, there are exceptions to this 40-hour threshold under Maryland laws:
- Employees working in bowling establishments and certain healthcare facilities providing on-premises care (excluding hospitals) are entitled to overtime pay for any hours worked beyond 48 in a week.
- Agricultural workers become eligible for overtime compensation only after working more than 60 hours in a week.
There’s no legal obligation to provide special pay rates for weekends, nights, or holidays unless employees work overtime during those times. However, employers can set up their own overtime policies if they wish, giving them flexibility in how they compensate employees for extra work.
How much is overtime pay in Maryland?
In Maryland, employees are entitled to receive overtime compensation at a rate of at least one and a half times their regular pay for any overtime hours worked. For instance, if an employee’s standard hourly wage is $16, their overtime rate would be $24 per hour. With Maryland’s minimum wage raised to $15 per hour starting in 2024, the minimum overtime wage is now $22.50 per hour.
There are no state or federal laws mandating double-time pay, but employers can implement such policies if they choose. It is worth mentioning that leave hours like vacation, sick leave, and holidays aren’t factored into the calculation of accumulated hours for overtime. Overtime pay is solely based on the actual hours worked by the employee.
Which laws govern overtime in Maryland?
Employees in Maryland have the right to receive fair compensation for their labor. Both state and federal labor laws regulate overtime in Maryland, specifically the federal Fair Labor Standards Act (FLSA) and Maryland Labor and Employment Statutes. It is important to note that in cases where state and federal overtime laws differ, the law that is more favourable to the worker will be applicable.
Under the FLSA:
- Non-exempt employees are entitled to overtime pay for any hours worked beyond 40 in a given workweek.
- Overtime pay amounts to one and a half times the regular pay rate.
- Work on weekends, nights, or holidays does not automatically count as overtime.
- There are no restrictions on the number of hours an employer can request an employee to work.
- The FLSA operates on a weekly basis, consisting of seven consecutive 24-hour periods. This schedule may not necessarily align with the traditional calendar week and can commence on any chosen day. Employers have the flexibility to establish different workweeks for their employees.
Under Maryland labor laws there are a few differences to the federal 40-hour per week threshold:
- Employees in bowling establishments, and healthcare facilities providing on-premises care (other than hospitals) are eligible for overtime only after 48 hours of work per week.
- Agricultural workers are only eligible for overtime after 60 hours of work per week.
There are also differences between the state and federal laws when it comes to those exempt from overtime, such as for registered nurses.
Further information about overtime in Maryland can be found in Maryland Overtime Laws.
Common Questions About Overtime in Maryland
Do employers have to pay overtime in Maryland?
In Maryland, employers covered by either state or federal overtime regulations are required by law to compensate non-exempt employees for all overtime hours worked. Businesses fall under the FLSA if their annual sales surpass $500,000 or if they participate in interstate commerce activities.
Though some small businesses might presume they’re exempt, the definition of “interstate commerce” is extensive, encompassing activities like telecommunications, mail services, or handling goods bound for other states. Consequently, the FLSA applies to most employers, making exemptions from overtime rules uncommon.
Can an employee refuse to work overtime in Maryland?
In Maryland, there are no state or federal laws setting limits on the number of hours an employee can work per day or week. Consequently, employees are generally expected to comply with employer requests for overtime. Refusal to work extra hours could result in disciplinary measures, including termination. However, it is crucial that employees are appropriately compensated for this additional time.
Exceptions to this rule exist. Employees cannot be forced to work overtime if it contradicts their contract or collective bargaining agreement. Ccertain industries, such as transportation, often have strict regulations governing working hours to uphold health and safety standards. Employers must adhere to these regulations.
Additionally, Maryland has specific regulations concerning overtime for registered nurses. In most cases, nurses can decline overtime assignments and should not be asked to exceed their regular work hours. There are limited circumstances where nurses may be required to work overtime.
Can I take comp time instead of overtime pay in Maryland?
In Maryland, compensatory time, commonly known as comp time, allows employees to receive additional time off instead of monetary compensation for overtime work. Generally, workers have the option to choose between comp time and monetary payment for overtime, but employers cannot mandate comp time against an employee’s preference.
Here are the key guidelines for comp time:
- Employees must decide whether they want comp time or overtime pay before starting any overtime work and notify their employer in writing.
- Employees should be able to use their comp time within a reasonable time, as long as it does not unreasonably disrupt the business operations and that the request was made with reasonable notice.
- Employees can only accrue up to 240 hours of comp time, after which they must receive monetary compensation for any overtime worked.
- Those engaged in public safety activities, emergency response activities, or seasonal activities may accrue up to 480 hours, after which they must receive monetary compensation.
If comp time is granted, it must be equivalent in value to the overtime pay rate. This means employees should receive one hour and a half of paid time off for each hour of overtime worked.
Can I get overtime pay in Maryland without employer approval?
In Maryland, obtaining prior approval for overtime is not required to receive payment for such hours, provided the employee is eligible and not exempt according to the FLSA or Maryland Labor and Employment Statutes. Any work that an employer is aware of or should reasonably have known about must be compensated. However, employees cannot deliberately conceal overtime work.
Although prior approval is not mandatory, employees may still face disciplinary action for working overtime without obtaining permission first.
Does Maryland have double-time pay?
In Maryland, there are no state or federal laws mandating double-time payment for specific hours or days worked. While employers have the option to implement double-time policies, it’s not a legal obligation in the state.
What is working ‘off-the-clock’ in Maryland?
Proper compensation for all work performed is a fundamental right for employees in Maryland. Off-the-clock work is the term used to describe when employees carry out job duties outside of their official working hours, without receiving compensation.
This extra work is known to the employer, however, is not included in the employee’s official workweek hours, often as a way to avoid paying overtime compensation to employees. Typical off-the-clock duties include:
- Being required to work during allocated meal or rest breaks.
- Being tasked with pre-shift duties such as cleaning.
- Performing post-shift responsibilities such as closing a job site.
- Correcting mistakes or redoing projects outside of work hours.
Being asked to perform work off-the-clock work is illegal in Maryland as it violates federal wage and hour laws outlined in the FLSA.
What are common ways employers avoid paying overtime in Maryland?
Some employers may try to avoid providing proper compensation to their employees for work which should count as overtime. Common strategies used to not pay overtime include:
- Averaging hours worked: This strategy is frequently used against employees who receive payment on a bi-weekly or bi-monthly basis. For example, if an employee works 48 hours in one week, the employer might schedule them for only 32 hours the subsequent week. Although the employee is entitled to 8 hours of overtime pay from the first week, averaging hours can create the impression that they worked two standard 40-hour weeks. Through this method, the employer avoids fulfilling their obligation to pay overtime, exploiting the employee in the process.
- Requiring employees to perform ‘off-the-clock’ work: Employers often require employees to complete certain tasks, such as prep work, answering phone calls, or completing post-shift duties outside of regular work hours without offering compensation. This practice is illegal as employers must comply with labor laws which require the documentation of all tasks performed by employees and the proper compensation for all time worked.
- Misclassifying workers as salaried employees: In Maryland, salaried employees are exempt from overtime pay if they earn more than $684 weekly or $35,568 annually. This will increase to $844 per week ($43,888 yearly) on July 1, 2024 and to $1,128 per week ($58,656 yearly) on January 1, 2025. Further increases will occur every three years, starting on July 1, 2027. To avoid paying overtime rates, employers might incorrectly classify employees earning below this threshold as salaried workers. However, this practice is unlawful and goes against federal regulations.
- Providing time-off: Employers may opt to provide employees with time-off to prevent the need for them to work overtime hours. For instance, employees could be granted the option to take Wednesday off if they completed a double shift on Tuesday, ensuring that their total weekly hours remain within the 40-hour threshold for standard pay.
- Not paying overtime pay to commissioned or piece rate employees: Many employees forget or disregard the fact that commissioned, and piece rate employees can also be entitled to receive overtime pay for working over 40 hours in a workweek. Instead of paying 1.5 times the regular rate of pay, they pay the same amount for work done inside the 40 hours as well as work over the 40 hours.
Legal Working Hours in Maryland
Can you work seven days in a row in Maryland?
Yes, in Maryland, there is no limit on the number of hours an employee can work consecutively, meaning they could theoretically work seven days in a row without violating the law.
However, certain employees may operate in regulated industries subject to working hour stipulations, or they might have limitations outlined in their contract or collective bargaining agreement regarding consecutive workdays.
If a non-exempt employee is required to work seven consecutive days, it’s crucial for them to track their hours to ensure they receive overtime compensation for any hours worked beyond 40 in a given workweek.
How many ten-hour days can you work in a row in Maryland?
In Maryland, there is no daily overtime limit or a maximum number of hours an employee can work. However, there are regulations which apply specifically to minors:
- Those aged 16-17 cannot work a ten-hour shift if it means they would be working a total of 12 hours in a combination of school and work hours in a day.
- Those aged 14-15 are limited to working four hours on a school day and eight hours on a non-school day, meaning they cannot work a 10-hour shift.
While some states have implemented unique overtime rules for employees on alternative four ten-hour shifts work schedules, where they would be eligible for overtime pay for all hours worked over ten on those days, Maryland does not have such a provision. Instead, employees in Maryland are eligible for overtime pay for all hours worked over 40 in a workweek, or the threshold for their specific industry, unless the employee is exempt from overtime regulations.
What are full-time hours in Maryland?
In Maryland, full-time employment is defined by the federal Affordable Care Act (ACA), commonly known as the health reform, as 30 or more hours per week, or at least 130 hours per month.
How many hours straight can you legally work in Maryland?
In Maryland, most employees can work any number of hours required by their employer as there are no limitations on working hours. Provided an employee is at least 18 years old, they could technically work up to 24 hours per day. However, there are some regulations for certain workers, impacting the number of hours straight they can work:
- Employees in regulated industries, such as truckers, may have limits on the maximum consecutive hours they can work before being legally required to take time off.
- Employees may have terms in their contracts or collective bargaining agreements which cap the number of hours per day they are permitted to work.
- Minors aged 16-17 must take eight consecutive hours of rest per 24 hours and cannot spend more than 12 hours a day in a combination of school and work.
- Minors aged 14-15 can only work four hours a day during a school day and eight hours on a non-school day.
- All employees under 18 cannot work for more than five consecutive hours without a non-working break of at least 30 minutes.
- Retail employees in retail establishments with 50 or more employees must be provided the following breaks:
- 15 minutes for four to six consecutive hours of work.
- 30 minutes for six to eight consecutive hours of work.
- 30 minutes for eight consecutive hours of work, plus a 15-minute break for every additional four hours of work.
Is overtime after eight hours or 40 hours in Maryland?
Maryland does not have daily overtime regulations; overtime is only triggered by reaching a weekly threshold. Under the federal FLSA, non-exempt employees should receive overtime pay for all hours worked beyond 40 in a given workweek.
However, there are some differences to the 40-hour week threshold under Maryland Labor and Employment Laws. Employees in bowling establishments, and healthcare facilities providing on-premises care (other than hospitals) are only eligible for overtime after 48 hours of work per week and agricultural workers are only eligible for overtime after 60 hours of work per week.
Does working on the weekend qualify for overtime pay in Maryland?
In Maryland, working on the weekend does not automatically result in overtime pay, as state and federal overtime regulations do not differentiate between weekends and weekdays. There are no special provisions for holidays or night work; the overtime rules remain the same regardless of the day.
For most non-exempt employees in Maryland, if they’ve already completed 40 hours of work in a workweek before the weekend begins, any additional hours worked during the weekend will be considered overtime. However, for employees in bowling establishments and healthcare facilities providing on-premises care, or agricultural workers, this threshold changes to after 48 hours or 60 hours of work, respectively.
Employers have the flexibility to establish different workweek schedules for employees, so it’s important for employees to be aware of their exact schedules to ensure accurate calculation of overtime earnings.
How many hours-off between shifts is required in Maryland?
In Maryland, neither federal nor state laws dictate a specific amount of time-off between consecutive shifts for employees. However, certain regulated industries impose limitations on daily working hours or require a designated period of rest between shifts, primarily for health and safety reasons. This is particularly common in industries like transportation and trucking. Workers covered by union agreements may also have provisions in their collective bargaining agreements that dictate time-off between shifts.
Furthermore, Maryland’s employment laws for minors outline requirements for time-off between shifts. For instance, minors aged 16-17 must have eight consecutive hours of rest within a 24-hour period. Additionally, minors aged 14-15 are restricted to working four hours on a school day and eight hours on a non-school day.
What does ‘hours worked’ include in Maryland?
‘Hours worked’ refers to the total time an employee spends on duty or at a worksite, including any additional time they are obligated or permitted to work. It is essential for employees to receive proper compensation for all hours worked. In certain situations, activities such as travel time, meal breaks, or rest breaks may also be considered part of the hours worked and thus require compensation.
- Meal breaks: Maryland law does not require employers to provide their employees with meal breaks, however, most employers do provide them to ensure a productive workforce. If provided, federal laws should be followed, requiring breaks lasting at least 30 minutes to be included in an employee’s working hours if they must work through this time.
- Rest breaks: Employers are also not legally required to give employees rest periods in Maryland, although, short breaks of five to 20 minutes are typically provided. If short rest breaks are awarded, the FLSA states that they should be classed as work time and be appropriately compensated. In addition, under state rules, those under 18 must be given a 30-minute break for every five hours worked. Finally, employees in retail establishments with 50 or more employees must be provided breaks depending on the length of their shift. However, this time is unpaid as it is not included as working hours.
- Travel time: In Maryland, the time an employee spends commuting to and from their regular workplace is generally not considered part of their hours worked. However, travel during regular work hours, travel from one worksite to another, or travel required if an employee is called to work in an emergency outside of working hours, are all circumstances in which travel time is counted as hours worked and therefore appropriately compensated for.
What is the most hours a salaried employee can work in Maryland?
In Maryland, there are no state or federal laws that impose a limit on the number of hours a salaried employee can work. Employers have the discretion to determine the working hours for salaried employees. Typically, salaried employees are not assigned a specific number of hours but are expected to complete all assigned tasks as directed by their employer. The working hours and expectations are typically outlined in the employment contract, and employers must adhere to these terms.
Regarding overtime, non-exempt salaried employees are entitled to receive overtime pay for any hours worked beyond 40 in a workweek, or the specific threshold set for their industry. Exempt employees, those earning at least $35,568 annually, are not subject to overtime laws and therefore do not receive overtime payment for working beyond the overtime threshold. This threshold will increase to $844 per week ($43,888 yearly) on July 1, 2024 and to $1,128 per week ($58,656 yearly) on January 1, 2025. Further increases will occur every three years, starting on July 1, 2027.
It is advisable for employees to keep accurate records of their work hours. If, upon calculation, it is determined that their earnings fall below the minimum wage per hour, they may have sufficient grounds to file a wage claim.
What is the maximum number of hours an hourly employee can work in Maryland?
In Maryland, hourly employees aged 18 and above can work any number of hours per day or week as long as, if eligible, they are paid the overtime rate for each hour over 40 worked in a workweek, or the specific threshold for their industry.
However, employees working in regulated industries or covered by collective bargaining agreements may be subject to daily or weekly working hour limits.
Additionally, individuals aged 14-15 have restrictions on their weekly working hours. They cannot work more than 23 hours in any week when school is in session or more than 40 hours in any week when school is not in session.
Similarly, 16-17-year-olds must adhere to certain limitations. They must have at least eight consecutive hours of non-work and non-school time in each 24-hour period, and their total combined school and work hours in a day cannot exceed 12 hours. These regulations restrict their potential working hours.
Overtime Eligibility in Maryland
Who is eligible for overtime pay in Maryland?
When it comes to overtime, employees in Maryland are classified as either exempt or non-exempt. Non-exempt workers, often paid hourly and typically engaged in roles such as manual labor or customer service, are entitled to receive overtime pay.
Conversely, exempt employees do not qualify for overtime pay.
Who is exempt from overtime pay in Maryland?
Overtime regulations are governed by the federal FLSA and Maryland Labor and Employment Statutes § 3-211, 3-415, 3-420. Both state and federal regulations detail various types of employees who are exempt from overtime laws and therefore not eligible to receive overtime pay.
Under federal laws, exempt employees typically occupy “white-collar” positions in professional, administrative, or executive fields. However, merely holding a specific job title is not enough to be exempt from overtime. Employees must meet specific criteria, evaluated through three tests:
- The salary basis test: Exempt employees must receive a consistent salary regardless of the hours worked or the quantity of work completed. This means they are classified as salaried employees rather than hourly workers.
- The salary test: Exempt employees must earn a salary that meets a minimum requirement. In Maryland, the exemption threshold for 2024 is $684 per week or $35,568 annually. This will increase to $844 per week ($43,888 yearly) on July 1, 2024 and to $1,128 per week ($58,656 yearly) on January 1, 2025. Further increases will occur every three years, starting on July 1, 2027.
- The duties test: Exempt employees’ job duties must primarily involve administrative, professional, or executive tasks, requiring discretion and independent judgment in their work.
Types of jobs which fall into the exempt-from-overtime category at the federal level include:
- Commissioned sales employees
- Computer professionals
- Drivers
- Executives and Managers
- Learned professionals, such as lawyers
- Live-in domestic employees
- Farmworkers employed on small farms
- Federal criminal investigators
- Fishermen
- Outside salespeople
- Railroad employees
Under Maryland state employment laws, the following types of employees are exempt from state overtime laws:
- Food service employees at establishments with gross annual income less than $250,000
- Movie theatre employees
- Gas station employees
- Hotel employees
- Amusement or recreational business operating less than seven months a year
- Employees under 16 years old working less than 20 hours per week
- Employees over 62 years old working less than 25 hours per week
- Food processing employees
- Non-administrative summer camp staff
A key exemption in Maryland is that registered nurses are not normally allowed to work overtime. Only in specific circumstances can this rule be broken, such as in the event of an emergency which was not reasonably anticipated or if the nurse has critical skills that are required.
A full list of exemptions can be found in Maryland Labor and Employment Statute 3–415 or on the official US Department of Labor website.
Can salaried employees get overtime pay in Maryland?
Yes, salaried employees can be eligible for overtime in Maryland. To explain how this is possible, the criteria for being exempt from overtime are described below:
- Earn a minimum salary of $684 per week or $35,568 per year.
- Hold a professional, administrative, or executive position.
- Perform tasks which use independent judgment and discretion.
If an individual on a salary does not meet all three of these rules, then they will be classed as non-exempt, meaning that they are eligible to receive overtime payment
Overtime Payment Calculations in Maryland
What is my regular rate of pay in Maryland?
The regular rate of pay refers to the compensation an employee receives for each hour worked, which must comply with at least the minimum wage in Maryland ($15 per hour). While calculating the regular hourly rate is simple for hourly employees, as it aligns with their standard hourly wage, it can be more complicated for other employees using different compensation structures:
Salaried employees:
- First, multiply the monthly salary by 12 to calculate the annual salary.
- Next, divide the annual salary by 52 (the total number of weeks in a year) to reach the weekly salary.
- Lastly, to find the regular hourly rate, divide the weekly salary by the maximum number of standard hours worked in a week (40 hours).
Piecework or commission employees (three methods):
- The rate of the piece or commission.
- The amount earned in a workweek divided by the number of hours worked.
- For group work, start by calculating the group rate. This is achieved by dividing the total number of pieces by the number of individuals in the group. Then, multiply this rate by the number of hours worked by each individual to determine their regular rate of pay.
How do you calculate overtime in Maryland?
According to state and federal laws, overtime compensation in Maryland should be 1.5 times the employee’s regular pay rate, commonly known as ‘time and a half’. Non-exempt employees become eligible for overtime compensation when their working hours exceed 40 in a single workweek. Employees in bowling establishments, and healthcare facilities providing on-premises care (other than hospitals) and agricultural workers are eligible for overtime after 48 hours of work or 60 hours of work per week respectively.
To calculate the amount of overtime pay an employee is owed in a workweek, follow these steps:
- First, calculate the regular rate of pay.
- Multiply this by 1.5 to reach the hourly overtime rate.
- Finally, multiply the overtime rate by the number of overtime hours worked in a workweek to determine the total amount of overtime pay owed.
It is important to remember to only count hours actually worked and not leave hours, such as vacation, sick leave and holiday.
How is overtime taxed in Maryland?
In Maryland, overtime pay is subject to standard income tax rates, without any additional tax specifically for overtime. Your tax liability is determined by your tax bracket, which is based on your taxable income and filing status.
However, if overtime earnings significantly increase your total income, you may move into a higher tax bracket. As a result, you will owe higher taxes on your entire income, not just the overtime pay. It is crucial to understand that the move to a higher tax bracket is temporary and only impacts the specific pay period when the extra income was earned.
Receiving Overtime Payment in Maryland
How is overtime paid in Maryland?
Overtime wages are paid to an employee using the same method as regular wages. In Maryland, wages can be delivered by check or cash. Direct deposit or payment to a card account is also an option but employers must gain authorization from an employee beforehand. It is illegal to require electronic payments.
In addition, employers must also provide a statement of the employee’s gross earnings and deductions for every pay period.
When do I receive my overtime paycheck in Maryland?
In Maryland, as per the FLSA, employees should normally receive overtime compensation on their regular payday for the relevant pay period during which the overtime wages were accrued.
Employees must be paid biweekly in Maryland, except for administrative, executive, or professional employees who can have less frequent pay schedules.
Violations of Overtime Law in Maryland
What if my employer refuses to pay me overtime in Maryland?
If your employer in Maryland fails to pay some or all of your earned overtime wages, it could be a violation of labor laws. Initially, it is recommended to communicate with your employer to determine if there has been an error, allowing them to fix the mistake.
If the issue persists and remains unresolved, employees in Maryland can consider the following steps to reclaim missing overtime wages:
- File a wage claim with the Maryland Department of Labor.
- File a wage complaint with the Wage and Hour Division of the US Department of Labor (DOL).
- File a civil lawsuit against your employer for up to three times the amount of your unpaid wages, penalties, and compensation for legal costs.
- File criminal charges – in some cases, employers can be prosecuted for refusing to pay wages.
Under the Maryland Wage Payment and Collection Law, you have up to three years to file a claim for unpaid wages. With the US DOL, you have up to two years or three years if the violation was intentional.
What is the penalty for failing to pay overtime in Maryland?
Employers found to have intentionally or repeatedly violated the FLSA by failing to pay their employees the correct amount of overtime pay may face penalties including:
- Civil penalties of up to $1,000 for each violation.
- Criminal charges for intentional violations, potentially resulting in fines of up to $10,000.
- Imprisonment for repeated violations.
A deliberate violation refers to actions carried out purposefully or knowingly, as opposed to accidentally or involuntarily.
In addition to penalties, under the FLSA, employers may have to pay up to twice the amount of unpaid wages and legal fees. Under the Maryland Wage Payment and Collection Law, if an employer is found to have violated state law by refusing to pay valid overtime wages, they may have to pay the employee up to three times the amount of the unpaid wages, as well as legal fees.
How can I file a wage claim for overtime in Maryland?
In Maryland, an employee or former employee can submit a wage claim to the Maryland Department of Labor to recover unpaid overtime wages. The claim process involves:
- Collecting as much information and evidence as possible to attach to your wage complaint.
- Completing a Secure Wage Complaint and mailing it to the address on the form.
- Working with the DOL representative assigned to your case to determine the most effective course of action.
Alternatively, you can submit a wage claim to the US Department of Labor (DOL) to recover unpaid overtime wages:
- Collect as much information and evidence as possible, as it is crucial for a successful claim.
- Reach out to the DOL by completing an online form, or contacting the helpline at 1-866-487-9243.
- The DOL representative assigned to your case will work with you to determine the most effective course of action.
Can employers retaliate against employees for making a wage claim in Maryland?
In Maryland, it is prohibited for employers to retaliate against employees or former employees for filing or threatening to file a wage claim. Similarly, under the federal FLSA, it is illegal for anyone to ‘discharge or in any other manner discriminate against any employee because such employee has filed any complaint.’
If an employee faces any form of retaliation, such as termination or demotion, as a result of filing a claim or participating in an investigation, they have the legal right to file a retaliation complaint with the Wage and Hour Division of the DOL. Alternatively, they can pursue legal action independently to seek reinstatement, recover lost wages, and pursue liquidated damages.
Learn more about Maryland Labor Laws through our detailed guide.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
