Maryland Wage and Hour Law Lawyers
Experienced Help with Wage and Hour Laws in Washington D.C. & Silver Spring
One of the most insidious of employment law offenses made against employees are violations of wage and hour laws. Federal laws, like the Fair Labor Standards Act (FLSA), provide rules for wages, how employees hours of work are calculated, how to determine overtime, and whether it applies.
If you believe your employer has violated Maryland wage and hour laws, contact our lawyers at Melehy & Associates LLC. Schedule your initial case evaluation today with our employment lawyers. Call tel:(301) 205-5276 now!
Are You Required to Work Off the Clock?
Employers often use tricks and coercion to erode the law and reduce the wages they pay to their employees. They will demand an employee stay a “few minutes” every night after closing, or insist they are too busy to allow lunches or breaks. They often misclassify employees as “managers” or “independent contractors” and force them to work significant overtime for no additional pay.
Wage Theft Is Illegal
If you have experienced a wage and hour violation in Maryland, Washington D.C., or the surrounding areas, we can assist you. Our lawyers at Melehy & Associates LLC, can help you determine if your employer is adhering to the law and if they are misclassifying you or violating other wage and hour laws; we can represent you and work to obtain compensation for your stolen hours.
Maryland Wage and Hour Misclassification
Misclassification occurs when an employee is given a title like assistant manager or manager on duty, but is required to do much the same work as any other worker. Because the employer calls them a “manager” and pays them a straight salary, it can save thousands of dollars in overtime pay when those “managers” have to work 50- or 60-hour weeks. Ironically, in many cases, such a manager may wind up working for less than minimum wage.
Are You Really Exempt?
Some workers who are covered by the FLSA, are exempt from the overtime rules. These employees are paid a salary, and have duties that usually are classified as “executive,” “professional,” or “administrative.”
What Does a Manager Do
Managers have a variety of responsibilities that can range from personnel decisions, delegating tasks, and accomplishing project goals.
Manager Responsibilities:
- To be a manager or supervisor, you must supervise at least two other employees.
- Have duties that include genuine input into personnel decisions such as hiring, firing, or promotions.
Whether you truly are exempt may be a complex determination and some employers may use that complexity to misrepresent titles or positions as a means of extracting uncompensated overtime.
If you have questions or concerns with your job, even if you work in a “professional” workplace, our lawyers can help answer your questions and work with you to help build a case for your rightful compensation.
How to Identify Wage Theft
Wage theft occurs when employers fail to pay employees for the work they’ve performed. Some common forms of wage theft include:
- Unpaid Overtime: Employees who work more than 40 hours a week are entitled to overtime pay, typically 1.5 times their regular rate. If an employer refuses to pay this, it’s considered wage theft.
- Unpaid Break Time: Employees are entitled to rest and meal breaks, especially for shifts longer than 6 hours. If you’re working through breaks or not compensated for break time, this could be a violation.
- Underreporting Hours Worked: Employers may ask employees to work off the clock or misreport the hours worked, which results in employees being paid less than they’re owed.
- Unlawful Deductions from Paychecks: Employers may deduct for things like uniforms or damages without your consent, which could be illegal depending on local laws.
- How to Recognize Wage Theft:
- Keep track of your hours, paychecks, and breaks.
- Compare your pay stubs to the hours you’ve worked.
- If you’ve worked overtime or during breaks without proper pay, it may be time to investigate further.
The Legal Process for Filing a Wage and Hour Claim
Filing a wage theft or hour claim involves several important steps. Here’s a breakdown:
- Step 1: Document Everything: Keep detailed records of the hours you’ve worked, your pay stubs, and any communications with your employer regarding pay or breaks.
- Step 2: File a Complaint: You can file a wage and hour claim with the U.S. Department of Labor or your local state labor board. Make sure to file within the time limit (typically 2 years for federal claims and 3 years for willful violations).
- Step 3: Submit Evidence: Gather any proof of wage theft such as timecards, email correspondence, pay slips, or witness statements.
- Step 4: Investigation: After the claim is filed, the relevant authority will investigate. This may include interviews or audits of your employer’s records.
How to Protect Yourself from Wage Theft
To protect yourself from wage theft, take proactive steps:
- Keep Accurate Records: Use time-tracking apps or keep a written log of your start and end times, as well as any breaks.
- Address the Issue Early: If you notice wage theft, try discussing the issue with your employer or HR department. Many issues can be resolved without legal action.
- Know Your Rights: Familiarize yourself with local wage and hour laws to understand your rights and whether you are being misclassified or denied fair wages.
By staying informed, keeping detailed records, and taking action early, you can safeguard yourself from wage theft. If the problem persists, consult an attorney to discuss your legal options.
Protect Your Rights with Legal Representation
When it comes to wage and hour laws, having experienced lawyers on your side is crucial. At Melehy & Associates LLC, we help employees in Washington D.C. and Maryland fight against wage theft, misclassification, and retaliation.
Retaliation like termination, reduced hours, or harassment—is illegal. If your employer retaliates for asserting your rights, we are here to protect you. Our attorneys will ensure you get the fair compensation you deserve, without fear of retaliation.
Our knowledgeable attorneys can assist with:
- Reviewing your employment contract to ensure you are not required to work off the clock
- Filing claims for wage theft and seeking compensation for unpaid wages
- Challenging misclassification as exempt employees and fighting for fair compensation
- Providing legal guidance for managers to ensure compliance with wage and hour laws
Frequently Asked Questions (FAQ)
- What is wage theft?
Wage theft occurs when an employer fails to pay you for the work you've performed. This can include:- Not paying overtime
- Denying you rest or meal breaks
- Underreporting the hours you’ve worked
- Making illegal deductions from your pay
- How do I recognize wage theft?
Look for these signs:- Unpaid Overtime: You work more than 40 hours per week but don’t receive the overtime pay you’re entitled to.
- No Breaks or Unpaid Breaks: You’re forced to work through breaks or not compensated for break time.
- Incorrect Hours on Paychecks: Your employer underreports your working hours, resulting in a smaller paycheck.
- Unauthorized Deductions: Employers take deductions from your wages without permission, such as for uniforms or damages.
- How can I file a wage theft claim?
To file a claim:
- Document Your Work Hours: Keep a record of the hours you worked and any communications about pay.
- File a Complaint: Submit your claim to the U.S. Department of Labor or your state’s labor board.
- Provide Evidence: Submit pay stubs, emails, or timecards that show evidence of the wage theft.
- Is there a time limit for filing a claim?
Yes, you typically have up to 2 years to file a federal wage theft claim, or up to 3 years if the violation was willful. - Can my employer retaliate against me if I file a claim?
No. Retaliation, such as firing or reducing your hours, is illegal. If this happens, you may have a separate legal claim for retaliation. - What if my employer says I’m “exempt” from overtime?
If you’re misclassified as exempt but still perform non-exempt duties, you may be entitled to overtime pay. We can help you challenge this misclassification.
Contact Melehy & Associates LLC
Maryland wage and hour cases can be complex and confusing. We can help sort out the details and determine if you have a viable case of wage theft.
Other Cases We Can Help You With:
Call our wage and hour law lawyers in Maryland at (301) 205-5276 or use our secure online form to schedule a case evaluation.