Maryland Labor Lawyers

Maryland is bound by the Fair Labor Standards Act (FLSA) to adhere to all federal labor laws. According to state legislators’ discretion, every state is legally allowed to supplement the federal code with extra state restrictions. A few state laws in Maryland also enhance federal protection.

Full-time Versus Part-time

The state does not define full-time employment vs. part-time employment. Currently, whether the employer is required to provide benefits under the Affordable Care Act (ACA) depends on the distinction between part-time and full-time employment. However, it is uncertain whether this gap will persist due to changes made to the ACA. The state of Maryland does not distinguish between full- and part-time employees when looking just at state legislation.

Minimum Wage

The current minimum wage in Maryland, except for Montgomery County, is $12.50 for big firms (15 or more employees) and $12.20 for small employers (14 or fewer employees).

The minimum wage will rise yearly for major enterprises. For instance, it will rise to $13.25 an hour in 2023, $14.00 an hour in 2024, and $15 an hour in 2025. For small enterprises, the minimum wage will rise to $12.80 in 2023, $13.40 in 2024, $14.00 in 2025, and $15 in 2026.

The minimum pay for those who get gratuities is $3.63 per hour. You are considered a tipped worker if you receive more than $30 per month. Workers with impairments could receive less pay than the minimum wage.

Prevailing Wages

Employers in Maryland could occasionally be forced to pay locals wages determined by federal or state prevailing wage rates and regulations. The state’s standard minimum pay and actual wage rates might not be the same.

Employees may be entitled to prevailing wages when working on federal, state, or government-funded construction projects or providing specific federal or state government services.

Breaks and Meals

According to Maryland labor rules, companies must provide workers under the age of 18 a 30-minute break after five straight hours of work.

Certain retailers are required to provide their workers breaks under the Healthy Retail Employee Act. The break length varies according to how long the employee’s shift is.

Although the Maryland Division of Labor & Industry advises that the FLSA usually requires businesses to compensate employees for breaks lasting less than 20 minutes, the Healthy Retail Employee Act does not specifically mandate that employees be paid for the breaks.

Maryland does not mandate that companies give their staff breaks, including lunch breaks, unless the Healthy Retail Employee Act covers them. If an employer decides to offer a break longer than 20 minutes, it is not required to pay wages for lunches or other breaks as long as the employee is allowed to leave the workplace, really leaves for their break, and does not actually complete any work. Federal law (FLSA) mandates that breaks that are 20 minutes or less must be compensated.

Nursing Breaks

Maryland labor regulations do not require employers to give nursing moms breaks to express breast milk. However, the federal Fair Labor Standards Act mandates that certain employees give nonexempt nursing women appropriate rest breaks to express milk and private areas, other than a lavatory, to express breast milk during the first year after the birth of a child.

Leave of Absence

In Maryland, employers are not required to offer their staff paid or unpaid vacation benefits. The terms outlined in the employment contract or vacation leave policy must be followed by a company that provides vacation benefits.

Additionally, an employer may draft a contract or policy that forbids paying workers for accrued leave hours at the conclusion of employment. A company may also establish conditions that, if not satisfied, prevent an employee from receiving paid for accumulated vacation time.

However, if the policy or agreement mandates it, the business must compensate employees for accrued vacation time. The number of accrued vacation days may be restricted by an employer, who also can enforce a use-it-or-lose-it rule.

Sick Time

Maryland’s employers with at least 15 employees are required to offer paid sick time to their staff. However, if they only have 14 workers, companies are permitted to offer unpaid sick time. A major company is required to provide employees with up to 40 hours of paid sick leave per year or one hour of sick time for every 30 hours worked.

Vacation Leave

In Maryland, private-sector businesses are not compelled to offer their staff paid or unpaid holidays. In addition, a private-sector employer may mandate that a worker report for duty on holidays. However, unless the labor qualifies as overtime under federal overtime regulations, a private-sector employer is not required to pay employees for time worked over holidays.

The terms outlined in the employment contract or established company policy must be followed by the employer whether the company offers paid or unpaid holiday time off to its employees. A worker in the retail industry is entitled to one unpaid day off per week for religious obligations if necessary.

Jury Duty

In Maryland, an employer is required to permit an employee to serve on a jury if they are called, but they are not required to pay the employee. An employee who answers a jury summons may not be threatened, punished, coerced, or fired as a result.

Voter Leave

According to Maryland law, employers must permit their employees to take two hours of paid leave to vote if they do not have at least two hours of free time during open polling hours.

Termination Pay

Severance compensation is not a requirement under Maryland labor regulations for firms to give to workers. The provisions of the firm’s established policy or employment contract must be followed if the employer decides to offer severance benefits.

Unemployment

Residents of Maryland may be qualified for unemployment compensation while looking for work under certain situations. You must confirm that you are unemployed each week to qualify for these benefits.

A worker cannot be unemployed as a result of their own fault to be eligible for unemployment benefits in Maryland. The employee would not be eligible if the unemployment was their fault.

Before filing a claim, the worker must have been unemployed for at least two of the previous four completed calendar quarters and have made money from a job during at least two of the previous five quarters.

Additionally, candidates must be willing, able, and actively looking for work. In Maryland, there are no established guidelines or income limits for receiving unemployment benefits. In Maryland, benefits will range from $50 to $430 a month. For up to 26 weeks, employees are eligible to receive unemployment compensation.

Health Advantages

Both federal law and the Maryland Code’s Insurance article govern health benefits in Maryland. The part of the law that specifies state policies is Subtitle 8 of Section 5. These laws are governed and upheld by the Maryland Insurance Administration. A complaint or appeal must be made to this government agency.

Discrimination

Maryland abides by the federal statute prohibiting job discrimination while extending it further through state legislation. They also include the refusal to submit to a genetic test, genetic information, sexual orientation, and gender identity, in addition to the bases of race, color, religion, etc.

Additionally, Maryland prohibits employers from taking adverse action against staff members who report a breach of the law.

Where Do I Locate the Best Lawyers?

If you think your employer has broken a state or federal employment law, get in touch with a Maryland labor lawyer to further understand your situation.