Maryland Paycheck Laws

Being paid for your work is a right you are owed as an employee. Your employer has certain responsibilities they have to meet towards you in terms of paying you. The Maryland Wage and Hour Law enforces these obligations and protects your paycheck.

When Must Paychecks Be Sent Out Under Maryland Law?

Maryland requires employers to pay most employees at least once every two weeks or twice a month. Of course, they can pay you more frequently if they choose to. This frequency applies to both salaried and hourly employees. However, executive, administrative, and professional employees can be paid less frequently, but only if they have a salary of at least $455 per week and meet other specific job requirements.

What Happens to My Paycheck If I Am Fired or If I Quit in Maryland?

The most common violation of Maryland’s wage payment law involves work termination. Employers often terminate employees to avoid paying commissions or bonuses, or employers refuse to pay wages to employees who quit. The Maryland law, however, is clear: The employer must pay all wages due for work that the employee performed before the termination of employment on or before the day the employee would have been paid the wages if the employment had not been terminated.

In other words, regardless of whether an employee quits or is fired, the employer is responsible for paying the employee all wages due on the next scheduled payday. Concerning commissions, the issue is more complicated. The analysis determines whether the employee performed all the work required to earn the commissions before termination.

If you are fired or quit, you must receive your last paycheck by the next payday.

Maryland law leaves it up to your employer to decide if they will pay employees for unused vacation or sick days. However, if your employer does provide paid vacation days and they do not have any clear policy about unused days when you leave your job, they do have to pay that amount to you.

Can My Paycheck Be Garnished Under Maryland Law?

“Wage garnishment” refers to a process by which a person’s employer can take some of an employee’s paycheck and set it aside to pay debt. This is often connected to debt, such as missing child support payments, outstanding loans, and other forms of debt. In most cases, the employer may send the funds directly to the court; sometimes, they can use a third-party agency that will transfer the money for them.

Under Maryland law, an automatic garnishment can be placed on your wages for specific debts, including back child support, defaulted student loans, and taxes. For all other types of debt, your creditor must go to court and ask for a judgment that allows them to garnish your wages. If your creditor gets the judgment, they can garnish your wages to pay off your debt.

An employer can rarely deduct anything other than a third-party garnishment or regular taxes from your wages. That said, your employer can garnish your wages if you have given them express written authorization to make the deduction. If the deduction is intended to pay for damage or lost property (usually cash from a cash drawer) that you caused, then your employer cannot lower your wages to below the federal minimum wage.

However, if the deduction is being paid to reimburse your employer for a financial benefit that your employer gave you, such as a personal loan or equipment for personal use, then the deduction can lower your wages to below minimum wage, so long as it does not violate other federal or state laws.

Can I Recover a Withheld Paycheck Under Maryland Law?

Your employer is not allowed to withhold your paycheck. If you are not getting your paycheck, you can sue in your local court and get your money. If you are not receiving the full amount you are owed in your paycheck, filing a wage and hour lawsuit may be necessary to recover the missing amounts. A lawsuit is also appropriate if you have issues with wage rates, hours worked, overtime pay, tips, or other benefits and payment issues.

The ability to file a lawsuit is especially important if this is an ongoing issue or if it has repeated itself several times. In such lawsuits, the courts will review documentation such as time and paycheck records to determine whether there has been a violation and to see what types of remedies are available to you.

Employees are often surprised to learn about the damages available to them in court if the employer fails to pay wages upon the termination of employment. If there is a “bona fide dispute,” meaning a good faith belief on the employer’s part that the wages are not owed, the employee can recover the amount of the unpaid wages.

However, if there is no “bona fide dispute” regarding the wages owed, then the employee can recover as much as three times the amount owed (“treble damages”), plus reasonable attorney’s fees and costs. The employee bears the burden of proving their wages entitlement and a lack of a bona fide dispute. The issues in this regard can often be complex. Therefore, consulting with an attorney who practices in employment law is advisable before moving forward.

If many workers have had the same problem with their pay, the lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting your claims with your co-workers, the group members share all the costs of bringing a lawsuit, and the amount of damages they can be collectively paid can be very high.

Is There Anything Else I Should Know About Maryland’s Paycheck Law?

In Maryland, if your employer has not paid you, you can file a lien against their property.

Your employer may face criminal charges if they have not paid you without providing a valid reason for nonpayment or if they have made it clear that they do not intend to pay you.

Employers in Maryland are prohibited from discriminating against their employees based on their race, sex, age, national origin, disability status, gender, pregnancy status, and medical conditions or disabilities. Thus, they can’t withhold a person’s paycheck solely based on their disability or age. In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and prescribe a remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may become necessary to file a private lawsuit to recover damages caused by the discrimination. This can be a complex matter and may require the assistance of a legal professional.

Where Can I Find the Right Lawyer to Help with My Paycheck Issue in Maryland?

You can get your paycheck on time and for the correct amount. If you are having trouble getting your paycheck, you should contact a Maryland employment lawyer. An employment lawyer can fight on your behalf for the paycheck amounts you are owed. When you bring them your problem, an experienced local attorney can help you determine your next steps.

Your attorney will advise you regarding what documentation you should collect as evidence and can help you file a complaint with the necessary agencies. Further, should you take private legal action against your employer, your attorney can initiate a civil lawsuit and represent you in court as needed.