Maryland sets a general State minimum wage of $15.00 an hour, above the federal floor, counts overtime by the workweek rather than the day, requires large retail employers to provide shift breaks, and requires final wages by the next regular payday, or the preceding workday if that payday is a nonworkday. When wages are withheld without a bona fide dispute, a court may award up to three times the wage.
This note works through each point and marks where Maryland law differs from the federal Fair Labor Standards Act. This note links to the wage and hour practice guide for the cross-state framework.
What is the minimum wage?
The general Maryland minimum wage is $15.00 an hour, which applies beginning January 1, 2024, or the federal minimum wage if that is higher, subject to statutory exceptions that include a rate of 85% of the State minimum wage for employees under 18 . The statute states the rate as a fixed hourly dollar amount . The rate for a small employer is also $15.00 per hour from the same date. Small and larger employers therefore now share one State rate, although small employers had a lower rate in 2023 .
Subject to the under-18 rate and other statutory exceptions, each employer must pay at least the greater of the federal minimum wage and the State minimum wage . The federal Fair Labor Standards Act rate is $7.25 an hour , so the higher Maryland rate is the one that applies to covered employees.
An employer may pay an employee under 18 years of age 85% of the State minimum wage .
Since October 1, 2020, the Commissioner of Labor and Industry has been barred from authorizing a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage that otherwise applies .
The State wage-and-hour subtitle does not cover certain individuals. The excluded categories include people employed in a capacity the Commissioner defines by regulation as administrative, executive, or professional; nonadministrative staff at an organized camp; workers under 16 who work no more than 20 hours a week; outside salesmen; individuals paid on a commission basis; immediate family members of the employer; and drive-in theater employees. The statute lists further categories as well .
Local law can set a higher rate, and this note does not survey every county. Montgomery County sets its own minimum wage by County law, which raises the rate on July 1 to reflect the region's inflation rate . The County announced rates of $18.00 per hour for large employers, which the announcement describes as employers with 51 or more employees ; $16.50 per hour for mid-size employers, described as those with 11 to 50 employees ; and $15.95 per hour for small employers, described as those with 10 or fewer employees . The announcement does not set out the complete criteria for placing an employer in a category.
Sources for this answer
Md. Code Ann., Lab. & Empl. § 3-413(c)(1) sets the State minimum wage rate, except as paragraph (2) provides, at $15.00 per hour beginning January 1, 2024.
(c) (1) Except as provided in paragraph (2) of this subsection, the State minimum wage rate is: (i) for the 12–month period beginning January 1, 2023, $13.25 per hour; and (ii) beginning January 1, 2024, $15.00 per hour.
See Md. Code Ann., Lab. & Empl. § 3-413(c)(1)
Md. Code Ann., Lab. & Empl. § 3-413(c)(2) sets the State minimum wage rate for a small employer at $12.80 per hour for the 12-month period beginning January 1, 2023, and at $15.00 per hour beginning January 1, 2024.
(2) The State minimum wage rate for a small employer is: (i) for the 12–month period beginning January 1, 2023, $12.80 per hour; and (ii) beginning January 1, 2024, $15.00 per hour.
See Md. Code Ann., Lab. & Empl. § 3-413(c)(2)
Subject to the stated exceptions, each Maryland employer must pay each covered employee at least the greater of the applicable federal minimum wage or the State minimum wage.
(b) Except as provided in subsection (d) of this section and § 3–414 of this subtitle, each employer shall pay: (1) to each employee who is subject to both the federal Act and this subtitle, at least the greater of: (i) the minimum wage for that employee under the federal Act; or (ii) the State minimum wage set under subsection (c) of this section; and (2) to each other employee who is subject to this subtitle, at least the greater of: (i) the highest minimum wage under the federal Act; or (ii) the State minimum wage set under subsection (c) of this section.
See Md. Code Ann., Lab. & Empl. § 3-413(b)
A Maryland employer may pay an employee under 18 years of age a wage equal to 85% of the State minimum wage.
(d) An employer may pay an employee a wage that equals a rate of 85% of the State minimum wage established under this section if the employee is under the age of 18 years.
See Md. Code Ann., Lab. & Empl. § 3-413(d)
Beginning October 1, 2020, the Commissioner may not authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the otherwise required minimum wage.
(b) (1) Beginning October 1, 2020, the Commissioner may not authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage otherwise required under this subtitle for the employee.
See Md. Code Ann., Lab. & Empl. § 3-414(b)(1)
The Maryland wage-and-hour subtitle does not apply to listed categories of individuals, including administrative, executive, or professional employees as defined by the Commissioner, outside salesmen, and individuals compensated on a commission basis.
This subtitle does not apply to an individual who: (1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive, or professional; (2) is employed in a nonadministrative capacity at an organized camp, including a resident or day camp; (3) is under the age of 16 years and is employed no more than 20 hours in a week; (4) is employed as an outside salesman; (5) is compensated on a commission basis; (6) is a child, parent, spouse, or other member of the immediate family of the employer; (7) is employed in a drive–in theater;
See Md. Code Ann., Lab. & Empl. § 3-403(1)-(7)
29 U.S.C. § 206(a)(1)(C) requires a covered employer, except as the section otherwise provides, to pay each covered employee not less than $7.25 an hour, beginning 24 months after the 60th day after May 25, 2007.
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: (1) except as otherwise provided in this section, not less than- (A) $5.85 an hour, beginning on the 60th day after May 25, 2007; (B) $6.55 an hour, beginning 12 months after that 60th day; and (C) $7.25 an hour, beginning 24 months after that 60th day;
See 29 U.S.C. § 206(a)(1)(C)
Montgomery County announced a county minimum wage of $18.00 per hour for large employers with 51 or more employees.
For large employers (with 51 or more employees), the minimum wage will increase by 35 cents to $18.00 per hour.
See Montgomery County Government news release (Montgomery County Code § 27-68), large employers
Montgomery County announced a county minimum wage of $16.50 per hour for mid-size employers with 11 to 50 employees.
For mid-size employers (with 11-50 employees), the minimum wage will increase by 50 cents to $16.50 per hour.
See Montgomery County Government news release (Montgomery County Code § 27-68), mid-size employers
Montgomery County announced a county minimum wage of $15.95 per hour for small employers with 10 or fewer employees.
For small employers (10 or fewer employees), the rate will increase by 45 cents to $15.95 per hour.
See Montgomery County Government news release (Montgomery County Code § 27-68), small employers
Montgomery County law requires the county minimum wage to increase on July 1 to reflect the region's inflation rate.
The Montgomery County minimum wage will increase on July 1 to reflect the region’s inflation rate, as required by County law.
See Montgomery County Government news release (Montgomery County Code § 27-68)
When is overtime owed?
Subject to statutory exceptions, under Maryland's overtime statute, an employer must pay an overtime wage of at least 1.5 times the employee's usual hourly wage for each hour over 40 hours that the employee works during one workweek . Because the statute counts hours across the workweek, a long single day does not trigger overtime on its own .
Some industries have a higher weekly threshold:
- 60 hours: Overtime may be computed on hours over 60 in a workweek for an employee who works in agriculture and is exempt from the overtime provisions of the federal Act .
- 48 hours: Overtime may be computed on hours over 48 in a workweek for employees of a bowling establishment. The same threshold applies to employees of an institution that is not a hospital but is engaged primarily in the care of aged, intellectually disabled, or sick individuals, or individuals with a mental disorder, who live at the institution .
The overtime section does not apply at all to three kinds of employers: a nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; an amusement or recreational establishment, including a swimming pool, that either operates no more than 7 months in a calendar year or, for any 6 months of the preceding calendar year, had average receipts of no more than one-third of its average receipts for the other 6 months; and an employer subject to 49 U.S.C. § 10501 .
The overtime section also does not apply to an employer with respect to four groups of employees :
- employees whose qualifications and maximum hours of service the United States Secretary of Transportation may set;
- mechanics, partspersons, and salespersons who primarily sell or service automobiles, farm equipment, trailers, or trucks for a non-manufacturer employer engaged primarily in selling those vehicles to ultimate buyers;
- drivers for an employer in the taxicab business; and
- unless a collective bargaining agreement provides otherwise, an employee of an employer subject to Title II of the federal Railway Labor Act who goes over 40 hours in a workweek only because the employee voluntarily traded scheduled hours with another employee, where the employer does not require more than 40 hours in the workweek.
A for-profit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show must pay overtime to craft or trade employees on the standard 40-hour weekly basis. This applies even though § 3-415(b)(2) contains an exemption for nonprofit entertainment employers .
Sources for this answer
Except as the section otherwise provides, each Maryland employer must pay an overtime wage of at least 1.5 times the usual hourly wage, computed under § 3-420.
(a) Except as otherwise provided in this section, each employer shall pay an overtime wage of at least 1.5 times the usual hourly wage, computed in accordance with § 3–420 of this subtitle.
See Md. Code Ann., Lab. & Empl. § 3-415(a)
Except as the section otherwise provides, a Maryland employer computes overtime on each hour over 40 hours that an employee works during one workweek.
(a) Except as otherwise provided in this section, an employer shall compute the wage for overtime under § 3-415 of this subtitle on the basis of each hour over 40 hours that an employee works during 1 workweek.
See Md. Code Ann., Lab. & Empl. § 3-420(a)
Overtime may be computed on hours over 60 in a workweek for an employee who works in agriculture and is exempt from the federal Act's overtime provisions.
(c) The wage for overtime may be computed on the basis of each hour over 60 hours that an employee works during 1 workweek for an employee who: (1) is engaged in agriculture; and (2) is exempt from the overtime provisions of the federal Act.
See Md. Code Ann., Lab. & Empl. § 3-420(c)
Overtime may be computed on hours over 48 in a workweek for employees of a bowling establishment and of a non-hospital institution engaged primarily in the residential care of aged, intellectually disabled, or sick individuals or individuals with a mental disorder.
(d) The wage for overtime may be computed on the basis of each hour over 48 hours that an employee works during 1 workweek: (1) for an employee of a bowling establishment; and (2) for an employee of an institution that: (i) is not a hospital; but (ii) is engaged primarily in the care of individuals who: 1. are aged, intellectually disabled, or sick or have a mental disorder; and 2. reside at the institution.
See Md. Code Ann., Lab. & Empl. § 3-420(d)
Maryland's overtime section does not apply to an employer with respect to employees whose hours the U.S. Secretary of Transportation may set, certain vehicle-dealer mechanics, partspersons, and salespersons, taxicab drivers, and, absent a contrary collective bargaining agreement, Railway Labor Act employees who exceed 40 hours only through a voluntary shift trade.
(c) This section does not apply to an employer with respect to: (1) an employee for whom the United States Secretary of Transportation may set qualifications and maximum hours of service under 49 U.S.C. § 31502; (2) a mechanic, partsperson, or salesperson who primarily sells or services automobiles, farm equipment, trailers, or trucks, if the employer is engaged primarily in selling those vehicles to ultimate buyers and is not a manufacturer; (3) a driver if the employer is engaged in the business of operating taxicabs; or (4) unless a collective bargaining agreement between an employer and a labor organization provides otherwise, an employee of the employer if: (i) the employer is subject to Title II of the federal Railway Labor Act; (ii) the employer does not require the employee to work more than 40 hours during 1 workweek; and (iii) the employee voluntarily enters into an agreement with another employee to trade scheduled work hours and as a result the employee works more than 40 hours during a single workweek.
See Md. Code Ann., Lab. & Empl. § 3-415(c)
Maryland's overtime section does not apply to an employer subject to 49 U.S.C. § 10501, a nonprofit entertainment employer, or a seasonal amusement or recreational establishment meeting either stated test.
(b) This section does not apply to an employer that is: (1) subject to 49 U.S.C. § 10501; (2) a nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or (3) an amusement or recreational establishment, including a swimming pool, if the establishment: (i) operates for no more than 7 months in a calendar year; or (ii) for any 6 months during the preceding calendar year, has average receipts that do not exceed one–third of the average receipts for the other 6 months.
See Md. Code Ann., Lab. & Empl. § 3-415(b)
A non-nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show must pay craft or trade employees overtime on the 40-hour weekly basis, notwithstanding § 3-415(b)(2).
(b) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not a nonprofit organization and is a concert promoter, legitimate theater, music festival, music pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in subsection (a) of this section.
See Md. Code Ann., Lab. & Empl. § 3-420(b)
Are breaks required?
Under § 3-710, a large Maryland retail employer must give a covered employee a nonworking shift break of at least 30 minutes for a shift of more than 6 consecutive hours . Section 3-710(c)(2) requires a nonworking shift break without specifying whether it is paid . Time that an employer requires an employee to be on duty counts as hours of work . The rule covers a retail establishment, meaning a place of business whose primary purpose is selling goods to a consumer who is present at the time of sale; wholesalers and restaurants are not retail establishments . A covered employer is a person in the retail establishment business in Maryland with 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. It also includes a person who owns one or more retail franchises under the same trade name that together meet the same 50-employee test in the State .
For covered retail employers, the statute sets these minimum breaks:
- 4 to 6 consecutive hours: a nonworking shift break of at least 15 minutes, unless the employee is entitled to the 30-minute break instead . When the employee's hours do not exceed 6 consecutive hours, the employer and employee may waive this 15-minute break by written agreement .
- More than 6 consecutive hours: a nonworking shift break of at least 30 minutes .
- 8 consecutive hours in a single shift: an additional nonworking shift break of at least 15 minutes for every additional 4 consecutive hours in the shift .
Even at a covered retailer, the section does not apply to five groups: employees covered by a collective bargaining agreement or employment policy with equal or greater shift breaks; employees exempt from overtime under the Fair Labor Standards Act; employees of the State, a county, or a municipality; employees who work in a corporate office or other office location; and employees who work at least 4 consecutive hours at a single location with 5 or fewer employees .
A required shift break may instead be a working shift break if the employer and employee mutually agree in writing and either the type of work prevents the employee from being relieved of work during the break or the employee may eat a meal while working and the working break is counted toward the employee's work hours .
On pay, § 3-710(c)(2) requires a nonworking shift break without specifying whether it is paid . A permitted working shift break is different: the employee stays on duty, and a Maryland regulation defines hours of work as the time an employer requires the individual to be on its premises, on duty, or at a prescribed workplace . The same regulation counts a meal period as hours worked if the individual must perform any duties during it . Under the federal Fair Labor Standards Act interpretation, rest periods of about 5 to 20 minutes must be counted as hours worked, and that compensable rest time may not be offset against other working time such as waiting time or on-call time .
Sources for this answer
For the shift-break section, an employer is a retail establishment business, or an owner of same-trade-name retail franchises, with 50 or more retail employees in Maryland for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
(2) “Employer” means a person: (i) engaged in a retail establishment business in the State that has 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or (ii) that owns one or more retail establishment franchises with the same trade name with 50 or more retail employees in the State for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
See Md. Code Ann., Lab. & Empl. § 3-710(a)(2)
For the shift-break section, a retail establishment is a place of business whose primary purpose is selling goods to a consumer present at the time of sale, and it does not include a wholesaler or a restaurant.
(4) (i) “Retail establishment” means a place of business with the primary purpose of selling goods to a consumer who is present at the place of business at the time of sale. (ii) “Retail establishment” does not include: 1. a wholesaler, as defined in § 11–401(i) of the Commercial Law Article; or 2. a restaurant.
See Md. Code Ann., Lab. & Empl. § 3-710(a)(4)
A covered retail employer may not employ an employee for 4 to 6 consecutive hours without a nonworking shift break of at least 15 minutes, unless the employee is entitled to the 30-minute break.
(c) (1) (i) Except as provided in paragraph (4) of this subsection or subparagraph (ii) of this paragraph, an employer may not employ an employee at a retail establishment for 4 to 6 consecutive hours without providing a nonworking shift break of at least 15 minutes. (ii) An employee is not entitled to a 15 minute shift break under this paragraph if the employee is entitled to a 30 minute shift break under paragraph (2) of this subsection.
See Md. Code Ann., Lab. & Empl. § 3-710(c)(1)
A covered retail employer may not employ an employee for more than 6 consecutive hours without a nonworking shift break of at least 30 minutes.
(2) An employer may not employ an employee at a retail establishment for more than 6 consecutive hours without providing a nonworking shift break of at least 30 minutes.
See Md. Code Ann., Lab. & Empl. § 3-710(c)(2)
When an employee works 8 consecutive hours in a single shift, a covered retail employer must provide an additional nonworking break of at least 15 minutes for every additional 4 consecutive hours in the shift.
(3) If an employee works 8 consecutive hours in a single shift, the employer shall provide an additional nonworking shift break of at least 15 minutes for every additional 4 consecutive hours the employer employs the employee in the shift.
See Md. Code Ann., Lab. & Empl. § 3-710(c)(3)
When an employee works no more than 6 consecutive hours, the 15-minute shift-break requirement may be waived by written agreement between employer and employee.
(4) If an employee’s work hours do not exceed 6 consecutive hours, the provisions of paragraph (1) of this subsection may be waived by written agreement between the employer and employee.
See Md. Code Ann., Lab. & Empl. § 3-710(c)(4)
A required shift break may be a working shift break if the work prevents relief from work or the employee may eat while working with the break counted as work hours, and the employer and employee mutually agree in writing.
(5) A shift break required under this subsection may be considered a working shift break if: (i) 1. the type of work prevents an employee from being relieved of work during the nonworking shift break; or 2. the employee is allowed to consume a meal while working and the working shift break is counted towards the employee’s work hours; and (ii) the employer and employee mutually agree in writing to the working shift break.
See Md. Code Ann., Lab. & Empl. § 3-710(c)(5)
The retail shift-break section does not apply to five listed categories of employees, including FLSA-exempt employees, public employees, and office-location employees.
(b) This section does not apply to an employee: (1) covered by a collective bargaining agreement or employment policy that includes shift breaks equal to or greater than those provided under this section; (2) exempt from overtime pay requirements under the Fair Labor Standards Act; (3) who works for a unit of the State, a county, or a municipality; (4) who works in a corporate office or other office location; or (5) who works for at least 4 consecutive hours for an employer at a single location with 5 or fewer employees.
See Md. Code Ann., Lab. & Empl. § 3-710(b)
Under the Maryland regulation, a meal period counts toward hours worked if the individual must perform any duties during it.
Meal periods are included in computing hours of work if the individual is required to perform any duties during the meal period.
See COMAR 09.12.41.10(B)
Under the Maryland regulation, hours of work are the time during a workweek that an employer requires the individual to be on the employer's premises, on duty, or at a prescribed workplace.
A. “Hours of work” means the time during a workweek that an individual employed by an employer is required by the employer to be on the employer's premises, on duty, or at a prescribed workplace.
See COMAR 09.12.41.10(A)
Under the federal interpretation, rest periods of about 5 to 20 minutes must be counted as hours worked, and compensable rest-period time may not be offset against other working time such as waiting or on-call time.
Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time.
See 29 C.F.R. § 785.18
When is final pay due?
When employment ends, a Maryland employer must pay all wages due for work performed before termination on or before the day the employee would have been paid had employment continued, which is the next regular payday or, if that payday is a nonworkday, the preceding workday . Payment may go to the employee or to the employee's authorized representative . If a court finds that final wages were withheld in violation of the wage-payment subtitle and not because of a bona fide dispute, it may award the employee up to 3 times the wage plus reasonable counsel fees and other costs .
Wages for this purpose include all compensation due for employment, including bonuses, commissions, fringe benefits, overtime wages, and any other remuneration promised for service .
Under § 3-505(b), an employer is not required to pay accrued leave to an employee if all three of these conditions are met: the employer has a written policy that limits the compensation of accrued leave; the employer notified the employee of its leave benefits in accordance with § 3-504(a)(1); and the employee is not entitled to payment for accrued leave at termination under the terms of the written policy . Section 3-504(a)(1) requires an employer to give each employee written notice of leave benefits at the time of hiring . For statutory earned sick and safe leave, § 3-1304(j) provides that an employer may not be required to pay out unused earned sick and safe leave accrued by an employee on the termination of employment .
If leave benefits are left out of the written hiring materials and no separate written notice of those benefits is provided at hiring, the notice condition of § 3-505(b) is unmet, and the employer cannot rely on that accrued-leave exception even if its written leave policy contains a forfeiture clause .
The employee's action for final wages may be brought once 2 weeks have passed from the date payment was due, and the up-to-three-times award is discretionary . The late-pay penalty question below covers that action in more detail.
Sources for this answer
On termination, a Maryland employer must pay all wages due for work performed before termination on or before the day the employee would have been paid had employment not ended.
(a) Except as provided in subsection (b) of this section, each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.
See Md. Code Ann., Lab. & Empl. § 3-505(a)
For Maryland wage-payment purposes, a wage is all compensation due for employment, including bonuses, commissions, fringe benefits, overtime wages, and other promised remuneration.
(c) (1) “Wage” means all compensation that is due to an employee for employment. (2) “Wage” includes: (i) a bonus; (ii) a commission; (iii) a fringe benefit; (iv) overtime wages; or (v) any other remuneration promised for service.
See Md. Code Ann., Lab. & Empl. § 3-501(c)
A Maryland employer need not pay accrued leave at termination only if it has a written limiting policy, gave the hiring-time notice of leave benefits, and the policy does not entitle the employee to payment.
(b) An employer is not required to pay accrued leave to an employee if: (1) the employer has a written policy that limits the compensation of accrued leave to employees; (2) the employer notified the employee of the employer’s leave benefits in accordance with § 3–504(a)(1) of this subtitle; and (3) the employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy.
See Md. Code Ann., Lab. & Empl. § 3-505(b)
Md. Code Ann., Lab. & Empl. § 3-504(a)(1) requires an employer to give each employee, at the time of hiring, written notice of leave benefits.
(a) An employer shall give to each employee: (1) at the time of hiring, written notice of: (i) the rate of pay of the employee; (ii) the regular paydays that the employer sets; and (iii) leave benefits; (2) for each pay period, a written statement on the physical pay stub or the online pay statement that includes: (i) the employer’s name registered with the State, address, and telephone number; (ii) the date of payment and the beginning and ending dates of the pay period for which the payment is made; (iii) unless the employee is exempt from overtime under federal and State law, the number of hours worked during the pay period; (iv) the rates of pay; (v) the gross and net pay earned during the pay period; (vi) the amount and name of all deductions; (vii) a list of additional bases of pay, including bonuses, commissions on sales, or other bases; and (viii) for each employee paid at a piece rate, the applicable piece rates of pay and the number of pieces completed at each piece rate; and (3) at least 1 pay period in advance, notice of any change in a payday or wage.
See Md. Code Ann., Lab. & Empl. § 3-504(a)(1)
If final wages are not paid as § 3-505 requires, the employee may sue after 2 weeks, and a court that finds wages were withheld in violation of the subtitle and not due to a bona fide dispute may award up to 3 times the wage plus reasonable counsel fees and costs.
(a) Notwithstanding any remedy available under § 3–507 of this subtitle, if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this subtitle, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages. (b) If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.
See Md. Code Ann., Lab. & Empl. § 3-507.2(a)-(b)
If an employee's regular payday is a nonworkday, a Maryland employer must pay the employee on the preceding workday.
(b) If the regular payday of an employee is a nonworkday, an employer shall pay the employee on the preceding workday.
See Md. Code Ann., Lab. & Empl. § 3-502(b)
Md. Code Ann., Lab. & Empl. § 3-1304(j) provides that an employer may not be required to pay out unused earned sick and safe leave accrued by an employee on the termination of employment.
An employer may not be required to pay out on the termination of employment unused earned sick and safe leave accrued by an employee.
See Md. Code Ann., Lab. & Empl. § 3-1304(j)
What is the penalty for paying late?
When an employer withholds regular or final wages in violation of the law and not because of a bona fide dispute, a court may award the employee up to 3 times the wage, plus reasonable counsel fees and other costs . The statute makes this award discretionary, so the court may award any amount up to three times the wage .
The award is made in the employee's own action. If an employer fails to pay wages on the regular schedule under § 3-502, or fails to pay final wages under § 3-505, the employee may sue the employer to recover the unpaid wages once 2 weeks have passed from the date payment was due . This right exists in addition to any remedy available through the Commissioner under § 3-507 .
On construction projects, a general contractor is jointly and severally liable in this action for a violation committed by a subcontractor. This applies whether or not the subcontractor has a direct contract with the general contractor .
Sources for this answer
If an employer fails to pay wages as §§ 3-502 or 3-505 require, the employee may sue to recover the unpaid wages after 2 weeks have elapsed from the required payment date.
(a) Notwithstanding any remedy available under § 3–507 of this subtitle, if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this subtitle, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages.
See Md. Code Ann., Lab. & Empl. § 3-507.2(a)
In an employee's late-payment action, a court that finds wages were withheld in violation of the subtitle and not due to a bona fide dispute may award up to 3 times the wage plus reasonable counsel fees and costs.
(b) If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.
See Md. Code Ann., Lab. & Empl. § 3-507.2(b)
In an employee's late-payment action, a general contractor on a construction services project is jointly and severally liable for a subcontractor's violation, regardless of direct contractual relationship.
(2) In an action brought under subsection (a) of this section, a general contractor on a project for construction services is jointly and severally liable for a violation of this subtitle that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the general contractor.
See Md. Code Ann., Lab. & Empl. § 3-507.2(c)(2)
How often must workers be paid?
A Maryland employer must set regular pay periods and pay each employee other than an administrative, executive, or professional employee at least once in every 2 weeks or twice in each month . Either a biweekly or a semimonthly schedule satisfies the frequency rule . The employer must also give each employee a written pay statement for each pay period that itemizes the listed pay details .
For each pay period, the employer must give a written statement on the physical pay stub or the online pay statement. The statement must show:
- the employer's name as registered with the State, its address, and its telephone number;
- the date of payment and the beginning and ending dates of the pay period;
- the number of hours worked in the pay period, unless the employee is exempt from overtime under both federal and State law;
- the rates of pay;
- gross and net pay for the period;
- the amount and name of every deduction;
- a list of additional bases of pay, such as bonuses and commissions on sales; and
- for piece-rate employees, the applicable piece rates and the number of pieces completed at each rate.
The employer must also give notice of any change in a payday or wage at least 1 pay period in advance , although an employer may increase a wage without advance notice .
At hiring, the employer must give each employee written notice of the employee's rate of pay, the regular paydays the employer sets, and leave benefits .
Deductions are limited. An employer may deduct from wages only if the deduction is ordered by a court of competent jurisdiction, expressly authorized in writing by the employee, allowed by the Commissioner because the employee received full consideration for it, or otherwise made under a law, rule, or regulation of a governmental unit .
Sources for this answer
Each Maryland employer must set regular pay periods and, except for administrative, executive, and professional employees, pay each employee at least once in every 2 weeks or twice in each month.
(a) (1) Each employer: (i) shall set regular pay periods; and (ii) except as provided in paragraph (2) of this subsection, shall pay each employee at least once in every 2 weeks or twice in each month.
See Md. Code Ann., Lab. & Empl. § 3-502(a)(1)
A Maryland employer may pay an administrative, executive, or professional employee less frequently than the general pay-frequency requirement of § 3-502(a)(1)(ii).
(2) An employer may pay an administrative, executive, or professional employee less frequently than required under paragraph (1)(ii) of this subsection.
See Md. Code Ann., Lab. & Empl. § 3-502(a)(2)
A Maryland employer must give each employee, for each pay period, a written pay statement containing the listed items, and must give at least 1 pay period's advance notice of any change in a payday or wage.
(2) for each pay period, a written statement on the physical pay stub or the online pay statement that includes: (i) the employer’s name registered with the State, address, and telephone number; (ii) the date of payment and the beginning and ending dates of the pay period for which the payment is made; (iii) unless the employee is exempt from overtime under federal and State law, the number of hours worked during the pay period; (iv) the rates of pay; (v) the gross and net pay earned during the pay period; (vi) the amount and name of all deductions; (vii) a list of additional bases of pay, including bonuses, commissions on sales, or other bases; and (viii) for each employee paid at a piece rate, the applicable piece rates of pay and the number of pieces completed at each piece rate; and (3) at least 1 pay period in advance, notice of any change in a payday or wage.
See Md. Code Ann., Lab. & Empl. § 3-504(a)(2)-(3)
At hiring, a Maryland employer must give each employee written notice of the employee's rate of pay, the regular paydays the employer sets, and leave benefits.
(a) An employer shall give to each employee: (1) at the time of hiring, written notice of: (i) the rate of pay of the employee; (ii) the regular paydays that the employer sets; and (iii) leave benefits; (2) for each pay period, a written statement on the physical pay stub or the online pay statement that includes: (i) the employer’s name registered with the State, address, and telephone number; (ii) the date of payment and the beginning and ending dates of the pay period for which the payment is made; (iii) unless the employee is exempt from overtime under federal and State law, the number of hours worked during the pay period; (iv) the rates of pay; (v) the gross and net pay earned during the pay period; (vi) the amount and name of all deductions; (vii) a list of additional bases of pay, including bonuses, commissions on sales, or other bases; and (viii) for each employee paid at a piece rate, the applicable piece rates of pay and the number of pieces completed at each piece rate; and (3) at least 1 pay period in advance, notice of any change in a payday or wage.
See Md. Code Ann., Lab. & Empl. § 3-504(a)(1)
The pay-notice section does not prohibit a Maryland employer from increasing a wage without advance notice.
(b) This section does not prohibit an employer from increasing a wage without advance notice.
See Md. Code Ann., Lab. & Empl. § 3-504(b)
A Maryland employer may make a deduction from wages only on one of four listed bases, including a court order or the employee's express written authorization.
An employer may not make a deduction from the wage of an employee unless the deduction is: (1) ordered by a court of competent jurisdiction; (2) authorized expressly in writing by the employee; (3) allowed by the Commissioner because the employee has received full consideration for the deduction; or (4) otherwise made in accordance with any law or any rule or regulation issued by a governmental unit.
See Md. Code Ann., Lab. & Empl. § 3-503
Employee or independent contractor?
Maryland Department of Labor guidance says the economic reality of the work relationship determines a worker's status, meaning whether the worker is economically dependent on an employer who can allow or prevent the work . The same guidance says a signed agreement declaring a worker an independent contractor is not, by itself, enough to establish that status . By statute, employ means to engage an individual to work, including allowing the individual to work or instructing the individual to be present at a work site . An employer includes a person who acts directly or indirectly in the interest of another employer with an employee . Separately, the Title 3, Subtitle 9 statutory presumption that paid work creates an employment relationship applies only in construction and landscaping .
For enforcing Subtitle 9 only, work performed for pay from an employer is presumed to create an employment relationship, except as § 3-903.1 provides . Section 3-903.1 is a separate exception to the presumption, so the conditions that follow are not the complete test . Apart from § 3-903.1, the presumption holds unless the individual is an exempt person or the employer shows all three of the following: the individual is free from control and direction over the work, both in fact and under the contract; the individual customarily works in an independent business or occupation of the same nature; and the work is either outside the usual course of the hiring party's business or performed outside any of its places of business .
Work is outside the usual course of business if the individual performs it off the employer's premises, the work is not integrated into the employer's operation, or the work is unrelated to the employer's business . A place of business is the employer's office or headquarters, and it does not include a work site where the employer has been contracted to perform services . An employer may also contract with another business entity, which may have its own employees, to do the same type of work at the same location without creating an employment relationship between the two contracting entities .
An exempt person is an individual who meets all six statutory conditions: performing services in a personal capacity and employing no one other than a spouse, children, or parents; working free from direction and control over the means and manner of the services, subject only to the client's right to specify the desired result; furnishing the necessary tools and equipment; operating a business inseparable from the individual for taxes, profits, and liabilities, with the ownership, liability, and tax-reporting features the statute lists; exercising complete control over the management and operations of the business; and exercising the right and opportunity on a continuing basis to perform the services for multiple entities at the individual's sole choice .
Construction services include building, reconstructing, improving, enlarging, painting, altering, maintaining, and repairing in connection with real property . Landscaping services include garden maintenance and planting, lawn care, highway-strip seeding and mowing, sod laying, turf installation other than artificial turf, and ornamental bush and tree work .
Sources for this answer
Under Maryland's Title 3 definition, employ means to engage an individual to work and includes allowing an individual to work and instructing an individual to be present at a work site.
(c) (1) “Employ” means to engage an individual to work. (2) “Employ” includes: (i) allowing an individual to work; and (ii) instructing an individual to be present at a work site.
See Md. Code Ann., Lab. & Empl. § 3-101(c)
Under the Maryland wage-and-hour subtitle, an employer includes a person who acts directly or indirectly in the interest of another employer with an employee.
(b) “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
See Md. Code Ann., Lab. & Empl. § 3-401(b)
The Maryland Department of Labor's guidance states that, for all other individuals, a signed agreement declaring a worker an independent contractor is not by itself enough to establish that fact, and that the economic reality of the work relationship, meaning whether the worker is economically dependent on an employer who can allow or prevent the worker from working, determines the worker's status.
For all other individuals, a signed agreement declaring that a worker is an independent contractor is not, by itself, enough to establish that fact. The "economic reality" of the work relationship determines the worker's status, meaning is the worker economically dependent on an employer who can allow or prevent an employee from working?
See Md. Dep't of Labor, Employee or Independent Contractor? (Maryland Guide to Wage Payment and Employment Standards)
Title 3, Subtitle 9 of the Labor and Employment Article applies only to the construction services and landscaping services industries.
This subtitle applies only to the following industries: (1) construction services; and (2) landscaping services.
See Md. Code Ann., Lab. & Empl. § 3-902
Except as § 3-903.1 provides, and for enforcement of Subtitle 9 only, paid work is presumed to create an employment relationship unless the individual is exempt or the employer proves all three listed independence conditions.
(c) (1) Except as provided in § 3–903.1 of this subtitle, for purposes of enforcement of this subtitle only, work performed by an individual for remuneration paid by an employer shall be presumed to create an employer–employee relationship, unless: (i) the individual is an exempt person; or (ii) an employer demonstrates that: 1. the individual who performs the work is free from control and direction over its performance both in fact and under the contract; 2. the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and 3. the work is: A. outside of the usual course of business of the person for whom the work is performed; or B. performed outside of any place of business of the person for whom the work is performed.
See Md. Code Ann., Lab. & Empl. § 3-903(c)(1)
For Subtitle 9, work is outside the usual course of business if performed off the employer's premises, not integrated into the employer's operation, or unrelated to the employer's business.
(2) Work is outside of the usual course of business of the person for whom it is performed under paragraph (1) of this subsection if: (i) the individual performs the work off the employer’s premises; (ii) the individual performs work that is not integrated into the employer’s operation; or (iii) the work performed is unrelated to the employer’s business.
See Md. Code Ann., Lab. & Empl. § 3-903(c)(2)
An employer may contract with another business entity to do the same type of work at the same location without creating an employer-employee relationship between the contracting entities.
(3) By contract, an employer may engage another business entity, which may have its own employees, to do the same type of work in which the employer engages, at the same location where the employer is working, without establishing an employer–employee relationship between the two contracting entities.
See Md. Code Ann., Lab. & Empl. § 3-903(c)(3)
For Subtitle 9, a place of business is the employer's office or headquarters and does not include a contracted work site.
(g) (1) “Place of business” means the office or headquarters of the employer. (2) “Place of business” does not include a work site at which the employer has been contracted to perform services.
See Md. Code Ann., Lab. & Empl. § 3-901(g)
For Subtitle 9, an exempt person is an individual who meets six listed conditions on personal capacity, freedom from control, tools, an inseparable business, control of the business, and serving multiple entities.
(d) “Exempt person” means an individual who: (1) performs services in a personal capacity and employs no individuals other than: (i) a spouse of the exempt person; (ii) children of the exempt person; or (iii) parents of the exempt person; (2) performs services free from direction and control over the means and manner of providing the services, subject only to the right of the person or entity for whom services are provided to specify the desired result; (3) furnishes the tools and equipment necessary to provide the service; (4) operates a business that is considered inseparable from the individual for purposes of taxes, profits, and liabilities: (i) in which the individual: 1. owns all of the assets and profits of the business; and 2. has sole, unlimited, personal liability for all of the debts and liabilities of the business, unless the business is organized as a single–owned corporate entity, to which sole, unlimited personal liability does not apply; and (ii) for which: 1. the individual does not pay taxes for the business separately but reports business income and losses on the individual’s personal tax return; and 2. if the business is organized as a corporate entity and the individual otherwise qualifies as an exempt person under this subsection, the individual files a separate federal informational tax return for the entity as required by law; (5) exercises complete control over the management and operations of the business; and (6) exercises the right and opportunity on a continuing basis to perform the services of the business for multiple entities at the individual’s sole choice and discretion.
See Md. Code Ann., Lab. & Empl. § 3-901(d)
For Subtitle 9, construction services include building, reconstructing, improving, enlarging, painting, altering, maintaining, and repairing in connection with real property.
(b) “Construction services” includes the following services provided in connection with real property: (1) building; (2) reconstructing; (3) improving; (4) enlarging; (5) painting; (6) altering; (7) maintaining; and (8) repairing.
See Md. Code Ann., Lab. & Empl. § 3-901(b)
For Subtitle 9, landscaping services include garden, lawn, highway-strip, sod, non-artificial turf, and ornamental bush and tree work.
(f) “Landscaping services” includes the following services: (1) garden maintenance and planting; (2) lawn care including fertilizing, mowing, mulching, seeding, and spraying; (3) seeding and mowing of highway strips; (4) sod laying; (5) turf installation, except artificial; (6) ornamental bush planting, pruning, bracing, spraying, and removal; and (7) ornamental tree planting, pruning, bracing, spraying, and removal.
See Md. Code Ann., Lab. & Empl. § 3-901(f)
Is a tip credit allowed?
A Maryland employer may take a tip credit of no more than the employee's minimum wage less $3.63, so a tipped employee receives at least $3.63 an hour in cash wages . The credit applies only to an employee who meets three conditions: the employee works in an occupation in which the employee customarily and regularly receives more than $30 a month in tips; the employer has informed the employee about the tip-credit section; and the employee has kept all of the tips the employee received, subject to the exception in § 3-1604(d) . The kept-all-tips condition does not bar tip pooling .
For those employees, the employer may count an amount it sets to represent tips as part of the wage. If the employee or the employee's representative satisfies the Commissioner that the employee received less in tips, only that lesser amount counts .
Restaurant employers that use a tip credit have an extra paperwork duty. No later than 2 weeks after the end of each pay period, they must give each such employee a tip credit wage statement showing all reported tips for tip credit hours in each workweek of the period . The statement must show the employee's effective hourly rate of pay, counting employer-paid cash wages plus all reported tips, for all tip credit hours worked in each workweek of the pay period .
Sources for this answer
Maryland's tip-credit section applies to an employee who customarily and regularly receives more than $30 a month in tips, has been informed of the section by the employer, and has kept all tips received.
(a) (1) Except as provided in § 3–1604(d) of this title, this section applies to each employee who: (i) is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips; (ii) has been informed by the employer about the provisions of this section; and (iii) has kept all of the tips that the employee received.
See Md. Code Ann., Lab. & Empl. § 3-419(a)(1)
Notwithstanding the kept-all-tips condition, Maryland's tip-credit section does not prohibit the pooling of tips.
(2) Notwithstanding paragraph (1)(iii) of this subsection, this section does not prohibit the pooling of tips.
See Md. Code Ann., Lab. & Empl. § 3-419(a)(2)
A Maryland employer may count an amount it sets to represent a covered employee's tips as part of the wage, or a lesser amount if the employee shows the Commissioner that less was received.
(b) Subject to the limitations in this section, an employer may include, as part of the wage of an employee to whom this section applies: (1) an amount that the employer sets to represent the tips of the employee; or (2) if the employee or representative of the employee satisfies the Commissioner that the employee received a lesser amount in tips, the lesser amount.
See Md. Code Ann., Lab. & Empl. § 3-419(b)
The Maryland tip credit may not exceed the employee's § 3-413 minimum wage less $3.63.
(c) The tip credit amount that the employer may include under subsection (b) of this section may not exceed the minimum wage established under § 3–413 of this subtitle for the employee less $3.63.
See Md. Code Ann., Lab. & Empl. § 3-419(c)
A restaurant employer using a tip credit must give each such employee a tip credit wage statement for each pay period no later than 2 weeks after the period ends.
B. No later than 2 weeks following the end of the pay period, a restaurant employer shall provide each employee for whom the employer utilizes a tip credit with a tip credit wage statement for each pay period that reflects all reported tips for tip credit hours for each workweek of the pay period.
See COMAR 09.12.41.20(B)
A tip credit wage statement shows the employee's effective hourly rate of pay, including employer-paid cash wages plus all reported tips, for all tip credit hours worked in each workweek of the pay period.
(c) “Tip credit wage statement” means a written or electronic statement that shows the employee’s effective hourly rate of pay, including employer paid cash wages plus all reported tips, for all tip credit hours worked for each workweek in the pay period.
See COMAR 09.12.41.20(A)(2)(c)
How is it enforced?
Maryland wage law is enforced both by the Commissioner of Labor and Industry and by employees themselves . An employee paid less than the required wage may sue the employer for the difference, an equal additional amount as liquidated damages, and counsel fees and costs , and the Commissioner may mediate a violation or sue on an employee's behalf .
The Commissioner. When the Commissioner of Labor and Industry determines that the wage-payment law has been violated, the statute gives the Commissioner three options: try to resolve the matter informally by mediation; with the employee's written consent, ask the Attorney General to sue on the employee's behalf; or sue on the employee's behalf in the county where the violation allegedly occurred . In that action, if the court finds the wages were withheld in violation of the law and not because of a bona fide dispute, it may award up to 3 times the wage plus reasonable counsel fees and costs .
Smaller wage complaints. When the Commissioner receives a complaint for unpaid wages of $5,000 or less, the Commissioner must send a copy to the employer and require a written response within 15 days . Within 30 days after receiving an order to pay wages, the employer may request a de novo administrative hearing .
Employee lawsuits for underpayment. An employee paid less than the wage the wage-and-hour subtitle requires may sue the employer. The employee can recover the difference, an equal additional amount as liquidated damages, and counsel fees and other costs . If the employee is entitled to recover, the court must award the unpaid difference, the liquidated damages, and reasonable counsel fees and costs . Liquidated damages can be denied or reduced if the employer shows the court that it acted in good faith and reasonably believed its pay was not below the required wage .
No waiver. An employee's agreement to work for less than the required wage is not a defense to an underpayment action .
Records. Each employer must keep records for at least 3 years, in or near the place of employment. The records must show each employee's name, address, and occupation; rate of pay; amount paid each pay period; hours worked each day and workweek; and other information the Commissioner requires by regulation .
Criminal exposure. An employer may not pay or agree to pay less than the wage the wage-and-hour subtitle requires , and a person who violates that prohibition is guilty of a misdemeanor punishable on conviction by a fine of up to $1,000 .
Time limit. Maryland's general statute of limitations requires a civil action at law to be filed within three years after it accrues, unless another Code provision sets a different period .
Sources for this answer
When the Commissioner determines the wage-payment subtitle was violated, the Commissioner may mediate, ask the Attorney General to sue with the employee's written consent, or sue on the employee's behalf in the county of the alleged violation.
(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner: (1) may try to resolve any issue involved in the violation informally by mediation; (2) with the written consent of the employee, may ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and (3) may bring an action on behalf of an employee in the county where the violation allegedly occurred.
See Md. Code Ann., Lab. & Empl. § 3-507(a)
In a Commissioner-initiated action, a court that finds wages were withheld in violation of the subtitle and not due to a bona fide dispute may award up to 3 times the wage plus reasonable counsel fees and costs.
(b) (1) If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.
See Md. Code Ann., Lab. & Empl. § 3-507(b)(1)
On receiving a complaint for unpaid wages not exceeding $5,000, the Commissioner must send the complaint to the employer and require a written response within 15 days.
(a) On receipt of a complaint for failure to pay wages that do not exceed $5,000, the Commissioner shall: (1) send a copy of the complaint to the employer alleged to have failed to pay wages; and (2) require a written response to the complaint within 15 days.
See Md. Code Ann., Lab. & Empl. § 3-507.1(a)
An employer may request a de novo administrative hearing within 30 days after receiving an order to pay wages.
(3) Within 30 days after receipt of the order to pay wages, the employer may request a de novo administrative hearing, which shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
See Md. Code Ann., Lab. & Empl. § 3-507.1(c)(3)
An employee paid less than the wage the wage-and-hour subtitle requires may sue the employer for the difference, an equal amount as liquidated damages, and counsel fees and costs.
(a) If an employer pays an employee less than the wage required under this subtitle, the employee may bring an action against the employer to recover: (1) the difference between the wage paid to the employee and the wage required under this subtitle; (2) an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and (3) counsel fees and other costs.
See Md. Code Ann., Lab. & Empl. § 3-427(a)
When an employee is entitled to recover in an underpayment action, the court must award the unpaid difference, an equal amount as liquidated damages subject to the good-faith exception, and reasonable counsel fees and costs.
(d) (1) If a court determines that an employee is entitled to recovery in an action under this section, the court shall award to the employee: (i) the difference between the wage paid to the employee and the wage required under this subtitle; (ii) except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and (iii) reasonable counsel fees and other costs.
See Md. Code Ann., Lab. & Empl. § 3-427(d)(1)
If an employer shows it acted in good faith and reasonably believed its pay met the required wage, the court must deny liquidated damages or award a lesser amount.
(2) If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the employee were not less than the wage required under this subtitle, the court shall: (i) determine that liquidated damages should not be awarded; or (ii) award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.
See Md. Code Ann., Lab. & Empl. § 3-427(d)(2)
An employee's agreement to work for less than the required wage is not a defense to an underpayment action under § 3-427.
(c) The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section.
See Md. Code Ann., Lab. & Empl. § 3-427(c)
Each Maryland employer must keep specified employee pay and hours records for at least 3 years in or about the place of employment.
Each employer shall keep, for at least 3 years, in or about the place of employment, a record of: (1) the name, address, and occupation of each employee; (2) the rate of pay of each employee; (3) the amount that is paid each pay period to each employee; (4) the hours that each employee works each day and workweek; and (5) other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.
See Md. Code Ann., Lab. & Empl. § 3-424
A Maryland employer may not pay or agree to pay less than the wage the wage-and-hour subtitle requires.
(a) An employer may not pay or agree to pay less than the wage required under this subtitle.
See Md. Code Ann., Lab. & Empl. § 3-428(a)
A person who violates the § 3-428 prohibition on paying less than the required wage is guilty of a misdemeanor punishable on conviction by a fine of up to $1,000.
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
See Md. Code Ann., Lab. & Empl. § 3-428(b)
Under Maryland's general limitations statute, a civil action at law must be filed within three years of accrual unless another Code provision sets a different period.
A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.
See Md. Code Ann., Cts. & Jud. Proc. § 5-101