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Filing a Wage and Hour Claim - Maryland

Does Maryland have state overtime laws that are different from federal law?

Under Maryland law, employers must pay employees at a rate of one and one-half the employee's regular hourly wage for working more than 40 hours in one week. Owners of bowling establishments and facilities primarily engaged in care of the sick, elderly, or disabled must pay employees at a rate of one and one-half the employee's regular hourly wage for working more than 48 hours in one week.

Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outside sales, motor carrier and agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Maryland law:

  • Employees of food service establishments with annual gross income less than $250,000
  • Employees of movie and drive-in theaters
  • Hotel, motel, or gas service station employees
  • Amusement or recreational establishment employees
  • Private country club employees
  • Employees of non-profit organizations providing in-home care to the sick, elderly or disabled
  • Concert venue employees
  • Certain mechanics and employees selling or servicing automobiles, farm equipment, trailers, or trucks
  • Employees under the age of 16 working less than 20 hours per week
  • Commission employees
  • Employees over the age of 62 working less than 25 hours per week
  • Food processing employees
  • Non-administrative employees of organized camps
  • Employees enrolled in a special education program
  • Volunteers at non-profit organizations

Additional information on Maryland overtime law is available here.

Does Maryland have a minimum wage that is different from federal law?

As of July 1, 2018, the minimum wage in Maryland is $10.10 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $3.63 per hour. Employers covered by the Fair Labor Standards Act (FLSA), however, may pay employees under 20 years of age at a lower rate per hour for the first six months of employment.

Employees engaged in administrative, professional, executive, outside sales, and agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Maryland law:

  • Employees of food service establishments with annual gross income less than $250,000
  • Employees of movie and drive-in theaters
  • Employees under the age of 16 working less than 20 hours per week
  • Commission employees
  • Employees over the age of 62 working less than 25 hours per week
  • Food processing employees
  • Non-administrative employees of organized camps
  • Employees enrolled in a special education program
  • Volunteers at non-profit organizations

Do any cities or counties in Maryland have a minimum wage that is different from state or federal law?

Two counties in Maryland have a minimum wage that is higher than the state minimum of $10.10 per hour.

Montgomery County, Maryland has a minimum wage of $12.25 per hour for large employers (who have 51 or more employees), and a minimum wage of $12.00 for small employers (who have 51 or fewer employees), effective July 1, 2018, these change to $13.00 and $12.50 respectively in July 2019. Employers can use tips and gratuities to reduce the minimum wage required to $4.00 per hour.

Prince George’s County, Maryland has a minimum wage of $11.50 per hour, as of July 1, 2017. Employers can use tips and gratuities to reduce the minimum wage required to $3.63 per hour.

Does Maryland have meal and rest break requirements, unlike federal law?

Maryland does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Maryland?

You can file a complaint with the Commissioner of Labor and Industry.

What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting the Commissioner of Labor and Industry to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Maryland?

In Maryland, employees can file a private lawsuit to recover unpaid wages plus liquidated damages and reasonable attorney's fees and costs.

State Labor Agency

Division of Labor and Industry
Employment Standards Service 
1100 North Eutaw Street
Room 607
Baltimore, MD 21201
Office Hours: 8:00 a.m. to 5:00 p.m. Monday - Friday
Phone: (410) 767-2357
Web: http://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml

Terry A. Venneberg Weekly Weekly

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