Maryland Failure to Pay Off the Clock Wages Lawyer
If you frequently find yourself completing work while “off the clock,” it can be very frustrating to find that you are also not being paid for this work. Fortunately, there are remedies so that you can receive back payment for this kind of work. In Maryland, employers are required to provide payment for all time an employee has worked that the employer either knew about or reasonably should have known about.
A Maryland failure to pay off the clock wages lawyer could help you enforce your rights by providing insight into the various rules that apply and can work with your employer to informally settle the matter or proceed through the legal system if necessary. Reach out to a dedicated FLSA attorney today.
Federal Rules Regarding Breaks
In general, employers are required to pay employees for all hours worked even if those time periods are technically designated as “breaks,” so that the employee may be off the clock. A failure to pay off the clock wages lawyer in Maryland could explain when payment for off the clock breaks may be required, such as in the following circumstances:
- Meal Breaks. If an employee works through a meal, the employer must pay the employee for time worked even if that time has been designated as an off the clock break. If the employee is given a meal break and does not have to do any work during this time, the employer is not required to pay wages even if the employee cannot leave the work premises.
- Short Breaks. Federal law requires that employees be paid for short breaks of between five to twenty minutes during the workday that is designated as breaks by the employer.
Importantly, these rules only apply if the employer has specified stated that they count as break time. Neither federal law nor Maryland law requires an employer to allow employee breaks.
Remedies for Failure to Pay Off the Clock Wages
Employers are required to keep records of all hours that employees work in order to ensure that all employees are properly compensated for hours worked. A Maryland failure to pay off the clock wages lawyer could evaluate these records to determine whether the employer improperly tampered with the records or failed to adequately account for work completed while the employee was off the clock.
An employee has the right to seek compensation for off the clock wages, but any legal action must be taken within three years under Maryland law, or two years under the FLSA—unless the conduct was willful, in which case the courts will allow recovery of up to three years’ worth of unpaid wages. An experienced attorney could help an individual file a claim promptly.
How a Maryland Failure to Pay Off the Clock Wages Attorney Could Help
Proving your right to receive payment for off the clock work can be complicated by many factors, especially if the work was completed off the premises outside of normal business hours.
A Maryland failure to pay off the clock wages lawyer could work to prove that the employer either knew about the off the clock work or reasonably should have known about the work so that payment was required.
