If you work in Maryland and believe your employer failed to pay you the correct amount of money for the work you performed, you may be able to recover damages under the Maryland Wage Payment and Collection Law (MWPCL) (Md. Code, Lab. & Employ. Art., Sec. 3-501, et seq.) and/or the Maryland Wage and Hour Law (MWHL) (Md. Code, Lab. & Employ. Art., Sec 3-401, et seq.).
Other laws, including the Fair Labor Standards Act (FLSA), may also apply to your wage claim as well.
The Maryland Wage and Hour Law “governs primarily minimum wages and maximum hours, whereas the [Maryland Wage] Payment and Collection Law sets specific terms for payment mandated elsewhere in the [Maryland] Wage and Hour Law.” Campusano, et al. v. Lusitano Construction, LLC, et al., 208 Md.App. 29 (2012).
The Maryland Wage and Hour Law is similar to the federal Fair Labor Standards Act (FLSA), but it does contain some key differences that are important to discuss with an experienced employment lawyer.
The MWPCL generally covers issues related to an employee who believes their employer has illegally withheld or refused to pay the full amount of wages/overtime/bonus/tips/money due.
Some of the requirements to file a claim under MWPCL include that you must have performed at least 50% of your work in Maryland.
According to the Maryland Department of Labor, Licensing, and Regulation, below is a sample of the types of issues about which you may file a claim:
According to the Maryland Department of Labor, Licensing, and Regulation:
Work is service performed by an employee at the request and under the control of an employer and, therefore, on the employer’s time.
Work is compensable—that is, something for which an employee is entitled to be paid.
Also, volunteer service generally does NOT count as “work” under the MWPCL.
Another factor to consider under the MWPCL is whether you are considered an “employee” or an “independent contractor.” An independent contractor is NOT covered by the MWPCL.
Maryland’s Department of Labor, Licensing, and Regulation explains the difference between an employee and independent contractor as follows:
The “economic reality” of the work relationship determines the worker’s status, meaning is the worker economically dependent on an employer who can allow or prevent an employee from working? Thus, if two individuals, in fact, stand in the relation of employer and employee to each other, it is irrelevant that the worker has agreed to be called an independent contractor. The measurement, method, or designation of compensation is also of lesser importance, if the relationship of employer and employee in fact exists.
And the Maryland Court of Appeals has held that the “economic realities” test governs the definition of “employer” under the MWPCL. See Campusano, et al. v. Lusitano Construction, LLC, et al.,, 208 Md.App. 29, 38 (2012).
According to the Maryland Department of Labor, Licensing, and Regulation:
A “Wage” is payment or compensation earned by an employee for work performed under an employer’s direction, or with the employer’s knowledge or consent. Generally, wages are paid as currency (U.S. Dollars) representing a length of time worked…
A “wage” may include the following:
You have three options if you believe your employer has wrongfully withheld pay for the work you performed:
You may only choose one of these 3 options so it is very important to talk with an experienced employment attorney as quickly as possible to discuss your legal options.
Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a Maryland employment case. Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action cases. His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain. Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.
Bachman writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues at the Glass Ceiling Discrimination Blog.
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