Unpaid Wage Claims – Don’t Delay
Federal and Maryland law both protect the rights of workers to be paid their wages in full and timely and, in most cases, the rights of workers to be paid overtime at 1.5 times their regular hourly rate after 40 hours of work in one week. If your employer has not been paying you on time, in full and as agreed, call us at 410-561-6061 to schedule an appointment as soon as possible.
Employees whose Maryland employers illegally withhold earned wages may sue to get those wages and, under some conditions and with a showing of employer bad faith, may recover reasonable attorney’s fees and even punitive “treble” damages, at the discretion of the court. While the federal Fair Labor Standards Act provides strong remedies, the Maryland remedies under state law are even stronger on certain points.
Employers in Maryland must pay their workers timely according to a set payroll schedule, no less often than twice a month for most non-exempt (i.e. roughly, blue collar) employees. According to one Maryland case, even unpaid sales commissions can also be subject to treble damages and reasonable attorney’s fees, if an employer refuses to pay.
If you are not being paid in full and on time, are not getting the tips you have earned, are being asked to work for free, are being paid “commission” in a job that really isn’t a commission job, you may have a case. If you are being asked to stay late without pay and you are an hourly employee, you might have a case.
In addition, the federal Fair Labor Standards Act provides that a lawsuit may be brought not only for one worker but for all other workers “similarly situated.” While that term does not have a precise meaning, a judge has reasonable discretion to decide the size and scope of a collective action for all workers in, for example, a given job title or division who are mistreated similarly by a manager, human resources operative or boss as regards their timely and full pay. The threat of this “collective action” will get employers to take valid cases seriously; it’s one thing to face a lawsuit, another to have 6 or 60 or more claims. In addition, the threat of having to pay a worker’s attorney’s fees disciplines many, though not all, employers to face reality and pay what the law requires.
If your Maryland employer has failed or refused to pay your wages timely and in full, please call the Law Office of Bruce Godfrey at 410-561-6061 IMMEDIATELY to keep the statute of limitations from wasting away on your claim. The official policy of our law firm is pro-union and pro-employee; we do not represent management against labor at our office, period. We are active in fighting for an honest day’s pay for an honest day’s work for Maryland workers. Don’t delay.
