The following are available online:
(labor.maryland.gov/labor/wages/)
Required Posters
Minimum Wage and Overtime
Equal Pay for Equal Work
Employment of Minors Fact Sheet
Lie Detector Signature Sheet
Notice to Tipped Employees
Sick and Safe Leave
Publications
The Maryland Guide to Wage Payment
and Employment Standards
Laws
Wage Payment and Collection
Wage and Hour Law Regulations
Forms
Wage Claim
Credit Check Complaint
Child Labor Violation Claim
Wage Lien
Lie Detector Signature
Sick and Safe Leave
For additional information, contact:
Employment Standards Service
10946 Golden West Drive, Suite 160
Hunt Valley, MD 21031
Email:
DLDLIEmploymentStandards-DLLR.maryland.gov
To Protect and promote employment
rights of Marylanders through
quality wage payment and collection
investigations, and by providing
effective information to employers
and employees regarding the laws of
Employment Standards
Service
WHERE TO FIND HELP
Listed below is a quick reference guide to information on
various subject areas involving employment.
Employment Discrimination – Maryland Commission on
Civil Rights (MCCR): (410) 767-8600, Equal Employ-
ment Opportunity Commission (EEOC): (410) 209-2237
Child Labor – Maryland Division of Labor and Industry:
(410) 767-2357
Retirement Benefits (401k & ERISA) – U.S. D.O.L.
Pension Welfare Benefits Administration:
(866) 444-3272
Health Care Benefits after Termination of Employment
(COBRA) – U.S. D.O.L., Employee Benefits Security
Administration: (866) 444-3272
State Scaled or “Prevailing” Wage – Maryland Division
of Labor and Industry, Prevailing Wage Unit:
(410) 767-2342
Federal Scaled or “Prevailing” Wage – U.S. D.O.L.,
Wage and Hour Division: (410) 962-6211
Unemployment Benefits – Maryland Office of Unem-
ployment Insurance: Claimant: (800) 827-4839
Employer: (800) 492-5524
Maryland Workers’ Compensation (for work related inju-
ries and illness): (410) 767-0900
I-9 Requirements – U.S. D.O.L.: (410) 962-4984
Unions and Collective Bargaining Agreements –
National Labor Relations Board (NLRB):
(866) 677-NLRB (6562)
Maryland Department of Assessments & Taxation
(SDAT): (888) 246-5941
Maryland Occupational Safety and Health (MOSH):
(410) 527-4499
Maryland Dislocated Workers Unit: (410) 767-2250
Rev. 2/22
Does my employer have to give a break, benefits or
days off?
Unless an employee works in a retail establishment
and meets the requirements of the Healthy Retail
Employee Act, there is no law requiring an
employer provide breaks, including lunch breaks,
unless the employee is under the age of 18. Minors
under 18 must receive a 30-minute break for every
5 hours of work. In addition, State law does not
guarantee days off for holidays or any special
holiday pay for private sector employees, except an
unpaid religious day of rest each week for retail
employees who give prior written notice to their
employers.
Maryland law does not require the award of
benefits. Examples include vacation leave, sick
leave, compensatory time, holidays and holiday
pay, health and life insurance, bonuses, severance
pay, etc. The right to claim benefits only arises
through a prior agreement of the parties.
When is final pay due upon termination?
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 terminated.
Does the employer have to give a reason for
termination?
In Maryland, employees work "at the will" of their
employers. This means, in the absence of an express
contract, agreement or policy to the contrary, an
employee may be hired or fired for almost any
reason -- whether fair or not -- or for no reason at
all; based on non-discrimination.
Under Maryland law, the age of a minor or the
immigration status of an alien have no bearing on a
worker’s rights to receive earned wages.
The Flexible Leave Act authorizes employees of
employers with 15 or more individuals to use "leave
with pay" for an illness in the employee's immediate
family which includes a child, spouse or parent.
Leave with pay is considered time away from work
for which an employee is paid and includes sick
leave, vacation time, and compensatory time.
The Maryland Wage Payment and Collection Law sets
forth the rights by which employees receive wages.
The law states when and how often employees must
be paid, general guidelines for making wage
deductions, which actions are prohibited and how
employees may enforce their rights.
The Maryland Wage and Hour Law concerns
minimum wage and overtime. The law specifies
which categories of employers and employees are
exempt and provide enforcement powers and
remedies. The Maryland Wage and Hour Law is
similar to the Federal Fair Labor Standards Act
(FLSA), but contains some important differences. In
every case, workers and employers are advised to
contact the U.S. Department of Labor, Wage and
Hour Division at (410) 962-6211 to assure compliance
under federal law. Where either state or federal law is
more stringent, the higher standard applies.
Federal, state and local governments are exempt from
the provisions of both the Wage Payment and
Collection Law and the Wage and Hour Law but they
must comply with FLSA.
Overtime in general
Overtime is payment to an employee of one and one-
half (1.5) times the regular hourly wage for work
performed in excess of 40 hours in a 7-day week. For
some occupations in Maryland, overtime is calculated
based on a different period of time. Certain farm-
workers, for example, receive overtime for hours
worked over 60 in a week. However, under state and
federal laws, some employers are exempt from the
requirement to pay overtime, and some employees are
exempt from the right to receive it.
Leave hours, including vacation, sick time, holiday,
etc., are not counted toward the accumulated hours in
a week for overtime purposes. Overtime is calculated
on hours actually worked.
Tipped Employees: Payment of less than
Minimum Wage
Employers are allowed to pay tipped employees
(defined as employees regularly earning more
than $30 per month in tips) not less than $3.63
per hour ($4 per hour for Mo. Co.), provided
each employee earns enough tips to bring their
average hourly wage to at least the State/County
minimum wage. Deficiencies must be
supplemented by the employer to bring the
employee to the minimum wage level.
Note:
Tipped employees who are from time to
time assigned to perform non-tip related tasks
must be paid by their employer at least the full
minimum wage rate for that non-tipped time.
Performing Credit Checks for Employment
The Job Applicant Fairness Act generally
prohibits employers in Maryland from using a
job applicant or employee's credit report to
determine: (1) whether to hire a job applicant;
(2) whether to terminate an employee; or (3) the
rate of pay or other conditions of employment
for an employee. An employer covered by the
law may use an employee or job applicant's
credit history or credit report in limited
circumstances:
When a job applicant has already been
offered the job and the credit report will not
be used to determine the job applicant's pay
or other terms and conditions of
employment.
If the employer has a bona fide reason for
requesting or using the information that is
substantially job-related and disclosed in
writing to the employee or applicant.
User Name and Password Privacy Protection and
Exclusions
An employer may not request or require that an
employee or applicant disclose any user name,
password, or other means for accessing a
personal account or service through an electronic
communications device. An employer may
require an employee to disclose any user name,
For more informaon about Wage and Hour, please visit our web page at :
www.dllr.maryland.gov/labor/wages/
