Wage And Hour Claims

The Fair Labor Standards Act (FLSA) and Maryland state laws govern the rights of all employees to receive just wages for the work they do. However, problems with reporting hours and employee classification can lead to violations of such policies, whether knowingly or not by the employer.

The Law Firm of Stephen S. Burgoon represents employees and employers in Frederick, Maryland, involved in wage and hour claims. Having worked as an employment lawyer since 1993, attorney Stephen Burgoon brings his insight and practical experience to each case, helping clients seek positive and efficient results.

Unpaid Overtime And Other Issues

Central to many employment claims involving wages is unpaid overtime. Not all employees are eligible for overtime hours, and the amount of overtime paid depends on the industry in which you work. Mr. Burgoon can review your employment situation and advise you on all options for recovering unpaid overtime under the FLSA or Maryland’s Wage and Hour Law.

Mr. Burgoon also assists clients with:

• Unpaid wages or severance following termination of employment
• Unpaid commission
• Denied unemployment claims
• Other wage and hour abuses

Under Maryland’s Wage Payment and Collection Law, some employees may be awarded additional compensation, up to three times the amount of their salaries and attorneys’ fees, if they can prove wages were illegally withheld. You can count on Mr. Burgoon to provide honest and straightforward counsel about your options and whether this may be possible given your unique circumstances.

Employee Classification

Employee misclassification can also result in wage and hour claims. You would be considered an employee of a company if your employer:

• Controls how you accomplish your work in addition to what kind of work you do
• Provides the necessary tools and materials for your work
• Requires that you work in a certain place, i.e., the company office

If the above applies to your situation, you may be considered an employee by law, even if you signed an agreement indicating your status as an independent contractor. Mr. Burgoon can assist you in determining whether your wage issues result from worker misclassification. He can then help you explore all options to rectify the situation, from negotiating a new employment contract to pursuing a civil claim in state or federal court.

How Do You Know If You Are “Exempt” Or “Nonexempt” From Overtime Pay?

If your employer classifies you as exempt, they do not have to pay you overtime. To qualify as exempt, you generally need to earn above a salary threshold that the Department of Labor (DOL) sets and work in an administrative, managerial, professional or outside sales role. The DOL also applies a “duties test” to confirm that your job responsibilities truly fit one of these categories.

If your employer classifies you as nonexempt, you have stronger wage protections. Nonexempt employees typically earn an hourly wage or a salary below the DOL threshold and your employer must pay you overtime whenever your total hours exceed 40 per week.

Can Your Employer Fire You For Reporting Unpaid Wages Or Overtime Violations?

No. The FLSA specifically prohibits employers from firing, demoting, cutting hours or taking any other adverse action against an employee for asserting their wage rights. Maryland law offers similar protections under the Maryland Wage Payment and Collection Law, giving workers an additional layer of security at the state level. If your employer retaliates against you for speaking up about unpaid wages or overtime, they may be breaking the law and you may have the right to pursue a separate legal claim for that retaliation.

Does Working Through Lunch Entitle You To Overtime?

It depends on whether your employer is counting that time as part of your paid work hours. Under the FLSA, a meal break only qualifies as unpaid time if you are completely relieved of your work duties during that period. If your employer requires you to keep working, answer calls or stay at your workstation during lunch, that time generally counts as hours worked. When those extra minutes or hours push your total work time beyond 40 hours in a week, you may be entitled to overtime pay.

Should Your Employer Pay You For Attending Training, Sitting In On Meetings Or Traveling For Work Requirements?

Generally, yes. If your employer requires you to attend training sessions, meetings or work-related travel, that time usually counts as hours worked and must be paid under the FLSA. However, there are a few exceptions. Voluntary training outside of work hours that does not directly relate to your job is typically unpaid, and your regular commute to and from work does not count as paid time under the Portal-to-Portal Act. That said, traveling between job sites during your workday, taking a special one-day work trip to another city, overnight travel that falls within your normal work hours and doing actual work while traveling, such as taking calls or handling paperwork, generally all count as compensable work time under the FLSA.

What Should You Do If Your Employer Is “Averaging” Your Hours Over Two Weeks To Avoid Paying Overtime?

Your employer cannot legally average your hours across two weeks to avoid paying you overtime. If you notice this happening on your pay stubs, start keeping your own records of your daily hours worked and compare them against what your employer is reporting. Documenting this pattern as early as possible gives you a stronger foundation if you decide to file a wage claim.

Contact An Experienced Montgomery County Employment Lawyer

If you believe you have a wage or hour claim, speak with a skilled employment lawyer first. Contact The Law Firm of Stephen S. Burgoon at 240-315-5432 or by filling out the online contact form.