Filing a Wage and Hour Claim - Maryland

Under Maryland law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week. Owners of bowling establishments and facilities primarily engaged in care of the sick, elderly, or disabled must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 48 hours in one week.

Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outside sales, motor carrier and agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Maryland law:

  • Employees of food service establishments with annual gross income less than $250,000
  • Employees of movie and drive-in theaters
  • Hotel, motel, or gas service station employees
  • Amusement or recreational establishment employees
  • Private country club employees
  • Employees of non-profit organizations providing in-home care to the sick, elderly or disabled
  • Concert venue employees
  • Certain mechanics and employees selling or servicing automobiles, farm equipment, trailers, or trucks
  • Employees under the age of 16 working less than 20 hours per week
  • Commission employees
  • Employees over the age of 62 working less than 25 hours per week
  • Food processing employees
  • Non-administrative employees of organized camps
  • Employees enrolled in a special education program
  • Volunteers at non-profit organizations

Additional information on Maryland overtime law is available here.

Maryland’s minimum wage is $15 per hour,  with some exceptions. Tipped Employees (earning more than $30 per month in tips) must earn the State Minimum Wage Rate per hour. Employers must pay at least $3.63 per hour. This amount plus tips must equal at least the State Minimum Wage Rate. See the Maryland website for more information.

Maryland does not have any meal or rest break requirements.

You can file a complaint with the Commissioner of Labor and Industry.

If you have a wage/hour complaint, do not delay in contacting the Commissioner of Labor and Industry to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

In Maryland, employees can file a private lawsuit to recover unpaid wages plus liquidated damages and reasonable attorney’s fees and costs.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.