Wage Issues - Having Problems with Your Pay?
I am having problems with collecting wages, overtime, tips or pay for leave:
If you are an employee and you believe your wages have been illegally withheld, please refer to the following information.
Who can file a claim in Maryland?
Please note: To file a claim you must first have asked for your wages and been denied. If this is the case, please continue reading.
Individuals who performed more than 50% of their work in Maryland.
What is "Work"? - The Maryland Guide to Wage Payment and Employment Standards
- Work is service performed by an employee at the request and under the control of an employer and, therefore, on the employer's time.
- Work is compensable — that is, something for which an
employee is entitled to be paid.
- Work under the Maryland Wage Payment and Collection Law does not include volunteer service, if the individual took the job with the full and voluntary understanding that he or she would not be paid, there is in fact no employer-employee relationship, and the activity is performed for the benefit of a charitable, educational, not for profit, or religious organization.
- Work does not necessarily require an employee to do or accomplish anything. Work may only involve fulfilling the requirements or following the directions of the employer -- even where an employer instructs a worker to report to the jobsite at 7 AM and do nothing until called on. Work may even mean sleep time if a worker must remain on the premises for anytime less than 24 hours. Where free to leave without the possibility of consequence, the worker is on his or her own time, even if instructed to remain "on call", and may not be entitled to compensation. Once called back to work, however, compensation becomes due.
You may file if your claim pertains to the following:
- Incorrect rate of pay or non-payment of wages
- Failure to be compensated for a working break.
- Fringe not paid upon termination of the employment relationship, e.g., a quit, discharge, or layoff. (including unused vacation time or other promised benefit. Please note that reimbursement for these fringe benefits is contingent upon employers policy.)
- Liquidated damages for failure to receive minimum wage for each hour worked.
- Paycheck(s) not received within two weeks after scheduled pay date.
- Remuneration (compensation) promised for work performed (i.e., room and board, materials and inventory, etc.).
- Unauthorized deductions from paychecks.
- Wages paid by check issued with insufficient funds.
- Failure to be paid for training.
- Failure to be paid for travel time.
To request a claim form be mailed, call 410-767-2357 or you may download the claim form below. Be sure to answer all questions and follow directions when completing the claim form. The claim form must include your original signature and be mailed to ESS before an investigation is initiated. Please provide a copy of this letter together with a claim form, to the Employment Standards Service if the employer still fails to pay.