Failure to Pay Overtime or Minimum Wage
Disputes about overtime, minimum wage, salaries, commissions, vacation time, stock options and other forms of compensation are common in workplaces. As employment lawyers we can help you to obtain the compensation that you have earned. Washington, D.C. and Maryland are particularly liberal jurisdictions with regard to wage claims, and you may find that you are entitled to more compensation than you realize. For example, a worker in D.C. may be entitled to recover up to four times the amount of wages that they are owed, and a worker in Maryland may recover up to three times the amount of wages owed, plus attorney’s fees and costs. Additionally, Virginia’s Wage Payment Act now provides that workers may sue for liquidated damages plus attorney’s fees and costs. Therefore, in the event of any dispute about compensation, it makes sense to have your situation analyzed by our experienced wage and hour attorneys.
Employees are entitled to receive payment in an amount that is equal to at least the minimum wage in their state and local jurisdiction. Employees must receive the minimum wage even if they receive a set salary. Failure to pay the requisite minimum wage, may entitle you to 3 to 4 times the amount of unpaid minimum wages, as well as attorney’s fees and costs.
Pursuant to the Maryland Wage and Hour Law, the minimum wage is set to increase each year up to $15.00 an hour by January 1, 2025, for employers with 15 or more employees, and by July 1, 2026, for companies with 14 or fewer employees. Additionally, Montgomery County and Prince George’s County currently have their own minimum wage rates, which are higher than the floor set by the State of Maryland.
Under the D.C. Minimum Wage Act, minimum wage will gradually increase to $15.00 per hour on July 1, 2020. The Act also provides for a gradual increase in the minimum cash wage to tipped employees — to $5.00 by July 1, 2020.
Many employees do not realize that they are entitled to overtime for every hour worked over 40 in a workweek. Overtime pay should be made at 1.5 times an employee’s usual hourly wage for all hours over 40 in the workweek. If you have been unlawfully denied these wages, you may be entitled to up to 3 or 4 times the amount of unpaid overtime, as well as attorney’s fees and costs.
In addition to state wage laws, our attorneys can represent you in Fair Labor Standards Act (FLSA) claims. The FLSA is a federal law mandating minimum wage and overtime standards for full-time and part-time employees in the private and public sectors. We can review your claim and advise you of your options, as well as the risks and benefits of each one.