Thousands of Maryland workers lose money each year because employers don’t pay what they’ve earned. It’s more common than you’d think. Wage theft takes many forms, from unpaid overtime to misclassifying employees as independent contractors. You might work through lunch without getting paid for it, or your boss might average your hours across two weeks to avoid paying overtime rates. Understanding your rights under Maryland law can help you recover wages your employer wrongfully withheld.
What Counts As Wage Theft
Wage theft happens when employers don’t pay workers their full, legally owed compensation. Simple as that. Common violations include refusing to pay overtime rates, making illegal deductions from paychecks, or paying less than minimum wage. Some employers also engage in off-the-clock work schemes where they require tasks before clocking in or after clocking out. Maryland’s wage and hour laws provide strong worker protections. The state requires most employers to pay overtime at one and a half times the regular rate for hours worked beyond 40 in a workweek. Certain employees may be exempt from overtime requirements, but employers often misapply these exemptions. They’ll call someone a manager and assume that settles it. It doesn’t.
Overtime Rules Under Maryland Law
Not everyone qualifies for overtime pay, but the exemptions are narrower than many employers claim. Administrative, executive, and professional employees may be exempt if they meet specific salary and duty tests. However, job titles alone don’t determine exemption status. You can’t just slap a fancy title on someone’s business card and avoid paying overtime. An Ellicott City employment litigation lawyer can evaluate whether your employer correctly classified your position. Many workers labeled as managers or supervisors actually qualify for overtime based on their day-to-day responsibilities. If you’re spending most of your shift doing the same work as hourly employees, your job title probably won’t hold up as a reason to deny you overtime. Maryland follows the federal Fair Labor Standards Act for most overtime requirements. This means employees must receive overtime pay for all hours worked over 40 in a single workweek, regardless of how those hours are distributed across days.
Common Wage Theft Tactics
Employers use various methods to avoid paying full wages. Some are blatant. Others are subtle enough that workers don’t realize what’s happening. Recognizing these patterns can help you identify violations:
- Averaging hours across two-week pay periods instead of calculating overtime weekly
- Requiring work through lunch breaks without compensation
- Automatically deducting break time whether breaks were taken or not
- Paying straight time for all hours instead of the overtime rate
- Misclassifying employees as independent contractors
- Claiming workers are exempt when they don’t meet legal requirements
Some employers retaliate against workers who question pay practices. That’s illegal. Maryland law prohibits firing or disciplining employees for asserting their wage rights, though it still happens more often than it should.
How To Recover Unpaid Wages
Workers who’ve experienced wage theft have multiple options for recovery. You can file a complaint with the Maryland Department of Labor or pursue a lawsuit in court. Both state and federal law allow workers to recover unpaid wages, liquidated damages, and attorneys’ fees. The statute of limitations for wage claims is typically three years in Maryland. This means you can potentially recover three years of back pay if your employer violated wage laws. Waiting too long can limit your recovery, so acting quickly protects your rights. Eric Siegel Law represents workers throughout Maryland who’ve been denied proper compensation. Documentation strengthens wage theft claims significantly. Pay stubs, timesheets, work schedules, and emails about your hours all serve as valuable evidence. Keep everything. You never know what might matter later.
Taking Action On Wage Violations
Maryland employers must maintain accurate records of hours worked and wages paid. When disputes arise, these records become critical evidence. If your employer can’t produce proper documentation, courts may accept your reasonable recollection of hours worked. That’s a powerful protection for workers whose employers conveniently lose records. An Ellicott City employment litigation lawyer can help you gather evidence and build a strong case for unpaid wages. Many wage theft cases settle before trial, but having an attorney prepared to litigate sends a clear message to employers. If you believe your employer hasn’t paid you properly, review your pay records carefully. Compare your actual hours worked to the compensation you received. Don’t assume you’re wrong just because your employer says so. Contact an employment attorney to discuss your situation and learn about your options for recovering what you’ve earned.