Maryland Wage Theft Lawyer
Failure to receive full and fair compensation for your work can be both stressful and frustrating, and it can place you in the uncomfortable position of having to challenge your employer to receive proper payment.
If your employer has failed to pay the amounts to which you are entitled, a Maryland wage theft lawyer could help by explaining your rights and working with your employer to ensure proper compensation. Wage theft is a serious issue in Maryland, and an experienced FLSA lawyer could work to ensure that you are not a victim.
Maryland Wage Law
Employees in Maryland are protected by both federal and state laws. The definition of “wages” for purposes of Maryland’s law includes traditional compensation but also includes bonuses, commission payments, fringe benefits, overtime payments and any other compensation that the employer promised, such as room and board or materials costs.
Under the Maryland Wage Payment and Collection Law, a Maryland wage theft lawyer can file a claim for wage theft on behalf of a wronged employee if:
- They were paid incorrect wages
- The employer failed to provide compensation for a working break
- The employer failed to properly pay fringe benefits upon employment termination, including unused vacation time
- The payment was received more than two weeks after a scheduled payday
- The employer improperly deducted amounts from the employee’s paycheck
- Overtime was not paid as required
Wage theft can also occur in Maryland when the employer issues a check for an employee’s compensation but has insufficient funds in a bank account to cover the payment.
The federal Fair Labor Standards Act (FLSA) can also apply in situations where employees are not compensated properly for work performed at home, or if the employer has tampered with an employee’s timesheets in order to avoid paying fair wages.
Who Can Recover Under Maryland Law?
Maryland’s wage law will apply to employees who performed at least 50 percent of their work in the state of Maryland. Further, because only employees can recover, a Maryland wage theft attorney will evaluate all cases to determine whether the individual was an employee or an independent contractor. In many cases, employers may attempt to improperly categorize a worker as an independent contractor to avoid the application of Maryland’s wage payment law.
Recovering Stolen Wages
An experienced wage theft lawyer in Maryland will understand that an employee has several options when it comes to recovering stolen wages from the employer. These options generally include:
- Maryland’s Complaint System. The employee may file a claim with Maryland’s Department of Labor (DOL). To proceed with this option, the employee must have requested payment from the employer in writing, and the employer must have continued to fail to make proper payment. Maryland’s DOL will then investigate the complaint and proceed appropriately.
- A Civil Lawsuit. If a court agrees that the employer engaged in wage theft, it has the authority to award three times the amount of wages stolen, as well as any attorney fees incurred in pursuing the lawsuit.
Contact an Experienced Maryland Wage Theft Attorney Today
Because wage theft can occur in a variety of situations, a Maryland wage theft lawyer could be a valuable ally in determining the most advantageous course of action. An accomplished lawyer will advocate to ensure that you are fully compensated, as well as to hold the employer responsible to prevent future wage theft.
