Maryland Wage and Hour and Overtime Attorneys
The Wage and Hour and Overtime Attorneys at Luchansky Law have extensive experience in both the prosecution and defense of Wage and Hour and Overtime cases.
The Federal and Maryland Wage and Hour and Overtime laws are extremely complex. Our experienced attorneys are dedicated to uncovering the truth and achieving justice in each case – whether for the employer or the employee. Indeed, the Maryland Legislature declared its intent in creating the Maryland Wage and Hour Law “to safeguard employers and employees against unfair competition.” Maryland Code Annotated, Labor & Employment § 3-402.
Our attorneys have experience in the following laws:
- The Fair Labor Standards Act (FLSA)
- The Portal–to–Portal Act
- Employee Commuting Flexibility Act
- Department of Labor Investigations
- The Maryland Equal Pay Statute
- The Federal Equal Pay Act
- Maryland Wage Payment and Collection Law
- Maryland Wage and Hour Law
- Federal Minimum Wage Law
- Maryland Minimum Wage Law
- Workers’ Compensation
- Maryland Lien for Unpaid Wages Law
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) represents the bulk of Wage and Hour and Overtime litigation. Our attorneys are experienced FLSA litigators, successfully handling cases involving:
- Independent contractors. (See our in-depth article: Classification Ramifications: Independent Contractor vs. Employee)
- Compensable hours
- Company owner liability
- Meal periods
- Break periods
- Calculating overtime pay
- Employer recordkeeping requirements
- Employer law posting requirements
- Tipped employees
- Protected activity: employees who file a complaint, institute or testify in a proceeding under the FLSA
- Authorized deductions
See our videos on the FLSA HERE
Maryland Wage Payment and Collection Law
In Maryland, the Maryland Wage Payment and Collection Law (MWPCL) is increasingly being litigated in the courts to resolve Wage and Hour and Overtime cases.
The MWPCL provides a cause of action against an employer for an alleged failure to pay overtime wages. Treble damages and attorneys’ fees may be assessed if a jury decides that the overtime was withheld without a good faith basis. The potential damages liability for employers who fail to pay overtime, even inadvertently, is tremendous.
Unlawful deductions from an employee’s pay are also subject to private action under the MWPCL
The MWPCL also provides for personal liability of business owners for unpaid wages (see our in-depth article here)
The Maryland Lien for Unpaid Wages Law
The Maryland Lien for Unpaid Wages Law allows an employee who has not been paid all wages due and owing to file a lien against the property of his employer.
Click here to read our in-depth article discussing The Maryland Lien for Unpaid Wages Law
Additionally, our attorneys have experience in counseling and litigating the following issues:
- frequency of payment of wages
- form of payment
- payments to terminated employees
- severance pay
- stock options
- vacation leave
- sick leave
- wage payment records
- calculating overtime pay
We provide advice and guidance to employers to ensure compliance with applicable laws and regulations. We perform Employment Audits on companies, where we review existing policies and procedures and recommend changes to implement compliant and efficient practices.
We have represented employees and employers in Wage and Hour and Overtime lawsuits.
Whether you are an employee seeking to recover lost wages or you are an employer in need of a preventative audit or litigation defense, contact the experienced Wage and Hour and Overtime Attorneys at Luchansky Law today.