Wage and Hour Disputes Attorney Rockville MD

Wage theft is real. Stand up for your rights with the right legal help.

Are you being paid correctly for all the hours you’ve worked? Wage and hour disputes are a serious concern for many workers in Rockville. Whether it’s unpaid overtime or misclassifying your role, these issues can leave you with less pay than you deserve. A Wage and hour disputes attorney in Rockville MD can help you understand your rights and take action to recover any unpaid wages. Knowing where to start or what steps to take can be hard without legal guidance.

Wage and hour disputes often involve common issues such as not being paid for overtime, not receiving the correct wage for the work performed, or being asked to work off the clock without compensation. If you’re dealing with these issues, an employment lawyer for wage disputes Maryland can provide the support you need to resolve the matter effectively.

Quick Summary:

• In Maryland, wage and hour disputes are common, involving issues such as unpaid wages, overtime, and improper deductions. Unpaid wages often include regular pay, overtime, and commissions. Common disputes also arise from overtime pay, where employees may be misclassified as exempt, or denied compensation for working off the clock. Disputes may also involve minimum wage violations, misclassifications, and unauthorized pay deductions.
• Employees can take legal action if wage and hour disputes are not resolved. The Maryland Commissioner of Labor and Industry offers an avenue for formal complaints through the Employment Standards Service (ESS). Workers have up to three years from the dispute date to file a claim. For disputes involving smaller amounts, small claims court provides a faster and less formal resolution. Civil lawsuits for unpaid wages are also an option, with potential for penalties against the employer.
• Maryland law imposes a three-year statute of limitations for filing wage and hour claims, starting from the date the wages were due. This means that employees must act quickly if they believe their rights have been violated, or they risk losing the ability to recover unpaid wages. Being informed about the timeline is important for ensuring that legal claims are filed within the allowable period.

What Are Wage and Hour Disputes?

Wage and hour disputes refer to conflicts between employees and employers regarding compensation, overtime pay, and other wage-related issues. Understanding the nature of these disputes is essential for employees seeking justice and employers aiming to comply with labor laws.

What Are The Common Types of Wage and Hour Disputes in Maryland?

Wage and hour disputes are significant issues that frequently arise in Maryland, often leading to legal action when employees believe their rights have been violated. These disputes can involve various aspects of compensation and working hours, affecting employees and employers. Below is an overview of Maryland’s most common types of wage and hour disputes.

Unpaid Wages

Unpaid wages are one of the most common wage and hour disputes. These refer to any earnings an employee is entitled to but has not received. This can include:

• Regular wages: The pay due for hours worked at the agreed-upon rate.
• Overtime pay: Compensation for hours worked beyond 40 hours per week.
• Bonuses and commissions: Earnings based on performance, sales, or incentives. Failure to pay these earned wages can be considered wage theft, a violation of both federal and state labor laws, leading to legal disputes.

Overtime Pay Issues

In Maryland, most employees are entitled to overtime pay for hours worked beyond 40 hours in a workweek. Overtime must be paid at 1.5 times the employee’s regular hourly wage. Common issues include:

• Misclassification of employees as exempt from overtime. Employers may wrongly classify workers as exempt to avoid paying overtime.
• Working off the clock requires employees to perform work without being properly compensated for all hours worked. Such violations often lead to wage disputes and potential legal claims.

Minimum Wage Violations

Maryland’s minimum wage law provides a statewide minimum wage of $15 per hour as of 2024. Violations can arise in the following situations:

• Employees are paid less than the required minimum wage.
• Employers trying to bypass the minimum wage law through illegal deductions or other practices. 
• Tipped employees: Employers can pay tipped workers a lower base wage of $3.63 per hour as long as their total earnings (wages plus tips) meet or exceed the $15 per hour minimum.
• Youth workers: Employees under 18 are entitled to earn at least 85% of the minimum wage, roughly $12.75 per hour, based on the 2024 rate.

Misclassification of Employees

Misclassification of workers is another major issue in wage and hour disputes. Employers incorrectly classify employees to avoid paying proper wages and benefits. Common misclassifications include:

• Independent contractors: Employers may wrongly classify workers as independent contractors instead of employees to avoid paying overtime or benefits.
• Exempt employees: Certain employees may be incorrectly labeled as exempt from overtime pay when their job duties do not meet the exemption criteria. Misclassification deprives employees of rightful wages, overtime, and other benefits, often leading to wage theft claims.

Improper Deductions

Employees may also face wage disputes due to unauthorized deductions from their paychecks. Under Maryland law, employers can only make specific deductions, such as:

• Statutory deductions: Required deductions for taxes, Social Security, and other legal obligations.
• Voluntary deductions: Deductions made with the employee’s consent, such as benefits or retirement plans. Employers cannot deduct wages for non-statutory reasons without employee consent, such as for damage to company property unless explicitly agreed upon. Unauthorized deductions can lead to significant wage disputes.

Meal and Rest Break Violations

In Maryland, employers are not required to provide meal or rest breaks, except for certain retail establishments with 50 or more employees. If breaks are provided, employers must pay for short breaks (5 to 20 minutes) but are not required to pay for longer meal breaks if employees are completely relieved of their duties. Violations occur when employees are not allowed adequate breaks or are not compensated for required breaks.

Tip Violations

Employees who receive tips, such as restaurant servers, may face disputes related to tip pooling or improper deductions from their tips. Maryland law mandates that employers cannot take a portion of an employee’s tips unless they are part of a legally compliant tip pooling arrangement. Violations can lead to significant financial losses for affected workers.

Failure to Pay for Training or Travel Time

Employers must compensate employees for all hours worked, including time spent in training or traveling for work-related purposes. Disputes arise when employees are not paid for mandatory training sessions or travel time that is considered work under the Fair Labor Standards Act (FLSA). Such violations can lead to claims for back pay.

Unpaid Commissions or Bonuses

Disagreements over unpaid commissions or bonuses can result in wage disputes, especially in sales positions where compensation is often tied to performance. Employers must adhere to the terms outlined in employment contracts regarding commission payments and bonuses. Failure to do so can lead to claims from employees seeking owed compensation.

Paid Time Off (Vacation Pay and Sick Leave)

Maryland does not mandate paid vacation or sick leave; however, if an employer has a policy providing these benefits, they must adhere to it. Disputes may arise when employees feel entitled to unused vacation pay upon termination or when sick leave policies are not honored. Employers must communicate their policies regarding paid time off to avoid misunderstanding.

What Steps Should I Take if You Are Facing a Wage and Hour Dispute in Maryland?

If you are involved in a wage and hour dispute, taking certain steps to protect your rights and build a strong case is important. Below are some practical actions you should take to ensure your dispute is handled correctly.

1. Document Everything

Accurate and thorough documentation is important to support your claims in a wage and hour dispute. Detailed records of your hours worked and pay received will be essential evidence if you decide to take further legal action.

• Hours Worked: Record the exact times you start and end work each day, including any breaks and overtime hours.
• Pay Received: Retain copies of pay stubs, direct deposit records, or bank statements showing your earnings.
• Communications with Your Employer: Keep track of written or verbal communication regarding your hours or wages, including emails, text messages, or meeting notes.

2. Review Employment Contracts

Your employment contract may contain important information about your rights regarding pay, overtime, and any company-specific policies. Understanding these details can help you identify if your rights have been violated.

• Contractual Obligations: Review your contract for terms related to pay rates, overtime eligibility, and other wage-related policies.
• Company Policies: Familiarize yourself with your employer’s policies on pay schedules, overtime, and the process for addressing discrepancies.

3. File a Complaint with the Maryland Commissioner of Labor and Industry

If direct communication with your employer doesn’t resolve the dispute, filing a formal complaint with the Maryland Commissioner of Labor and Industry is the next step. The Employment Standards Service (ESS) is the department that handles complaints related to wage and hour violations in Maryland.

4. Consider Small Claims Court

If the amount in dispute is $5,000 or less, consider filing a claim in small claims court. This process is generally straightforward, less formal, and faster than higher courts. You can file for claims between $5,000 and $30,000 in either District Court or Circuit Court. Small claims court allows you to:

• Represent yourself without a lawyer (although legal counsel can still be helpful).
• Present your case directly to a judge, who will decide based on the evidence provided. This can be a more affordable and efficient route if your claim falls within the small claims threshold.

5. Consult with an Employment Attorney

If your employer cannot resolve your dispute directly, seeking legal advice can help clarify your rights and options. An attorney with experience in wage and hour disputes can guide you through the process and protect your interests.

6. Explore Additional Legal Remedies

Depending on your case, there may be other legal avenues available. For instance:

• Unpaid wage lien: If your employer fails to pay what they owe, you might be able to file for an unpaid wage lien against them. This can provide a means of securing payment.
• Class action lawsuits: In some cases, if multiple employees are affected by the same issue, a class action may be an option. This would allow several employees to join forces in a legal claim against the employer.

By taking these steps, you can protect your rights and work on resolving the dispute. This helps ensure you get any unpaid wages or money you deserve while holding your employer accountable for any violations.

What is the Statute of Limitations on Wage and Hour Laws in Maryland?

In Maryland, workers must act promptly to pursue legal action for unpaid wages. There is a set time frame for filing claims, and missing this deadline can forfeit your right to recover unpaid wages.

• Three-Year Limitation: Maryland’s Wage & Hour Law (MWHL) and the Maryland Wage Payment & Collection Law (MWCPL) typically allow employees up to three years to file claims for unpaid wages.
• Time Begins at Wages Due: The statute of limitations starts counting from the date the wages were due, not from when the violation occurred.

Why Do I Need Wage and Hour Disputes Attorney Rockville MD?

Facing unpaid wages or overtime issues can be frustrating, but a skilled attorney can significantly resolve these disputes. A Wage Theft Lawyer Rockville MD can help protect your rights.

• Evaluate Your Case: A Rockville MD wage and hour disputes attorney will carefully assess your situation, examining factors like unpaid overtime or inconsistencies in your pay. They’ll help you understand whether your case is valid under Maryland labor laws and guide you through the next steps.
• Handle Paperwork and Claims: Filing claims for unpaid wages or overtime can be complex and time-consuming. An experienced Employment lawyer for wage disputes Maryland will handle all the necessary paperwork, ensuring it’s submitted correctly to the right authorities to avoid errors or delays.

 

• Negotiate or Represent You in Court: An overtime lawyer Rockville MD will negotiate on your behalf with your employer, working towards a fair settlement. If needed, they will represent you in court to recover any unpaid wages, overtime, or compensation you deserve.

Call our Wage and Hour Disputes Attorney Rockville MD Now!

At The Spencer Firm, LLC, we are dedicated to helping clients resolve wage and hour disputes effectively. Our team handles wage and hour disputes, including unpaid wages, overtime violations, and wage theft. Whether you’re facing an overtime issue or need a Wage theft lawyer Rockville MD, we have the experience and resources to protect your rights.

As an Employment lawyer for wage disputes in Maryland, we assist with filing claims and representing clients in court. Our firm also offers services in Immigration, Mediation, and Business Representation, covering various legal needs.

Call us today for a consultation, and let us help you secure the compensation you deserve.