Overtime Issues in Maryland FLSA Cases
In Maryland, both state and federal laws govern overtime pay. The Fair Labor Standards Act (FLSA) governs overtime pay at the federal level. Under federal and state laws, employees are entitled to receive overtime pay for any hours that they work beyond 40 in a given week.
If you believe that you have not received all of the overtime pay you deserve, you may have legal options available to you. An experienced Maryland employment attorney can address all of your concerns about overtime issues in Maryland and FLSA cases.
Calculating Overtime in Maryland
The law calculates overtime pay as one and one-half times the employer’s regular rate of pay. For example, if the employee’s regular rate of pay is $10.00 per hour, that employee would be entitled to $15.00 per hour for every hour worked beyond 40 in a given week.
In addition, under the prevailing federal and state laws, an employee’s work week may begin at any day or hour. There need only be seven consecutive 24-hour work periods on a fixed schedule.
An employer also cannot consider the number of hours an employee works over a two-week period, average them, and deny them overtime pay. For example, if an employee works 42 hours one week, but only 35 hours the next week, the employer may not average the two weeks together and deny the worker overtime compensation.
Filing a Claim or Lawsuit for Unpaid Wages
Employees who have not received the proper overtime pay may be able to file a claim for unpaid wages. In some cases, a Maryland attorney may be able to file a legal complaint with the United States Department of Labor for an FLSA violation.
Other legal options include filing a lawsuit with the Maryland courts or filing a legal claim with the Maryland Department of Labor, Licensing & Regulation.
Recovering Compensation in an Unpaid Overtime Case
Upon filing a claim or lawsuit for unpaid overtime wages, employees may be able to recover monetary compensation. Types of recoverable compensation in unpaid overtime cases include the following:
- Unpaid wages – Obviously, if an employee’s claim or lawsuit is successful, they are entitled to back pay for all of the overtime benefits which their employer denied them.
- Court costs and attorney’s fees – Investigating and filing a claim for overtime wages can be tedious and expensive. If an employee can prove that they are eligible for unpaid overtime benefits, they may be entitled to recover their attorney’s fees, court costs, and other expenses.
- Liquidated damages – In addition the amount of liquidated damages available depends upon the type of claim, which the employee files. For example, liquidated damages stemming from an FLSA lawsuit total the amount of the unpaid overtime wages so in effect the employee could obtain double pay. However, in Maryland, the employee may be able to recover up to three times their unpaid wages.
Talk to a Maryland FLSA Attorney Today to Discuss Overtime Issues
Overtime work is time spent away from your family, friends, and personal interests, and you deserve to earn compensation for it. If your employer has unlawfully denied you overtime wages, there are legal steps which you can take to recover the unpaid compensation you deserve.
An experienced employment attorney in Maryland can discuss overtime issues in Maryland FLSA cases with you and may be able to pursue compensation on your behalf.
