Practice Areas Employment Law Wage Disputes Unpaid Overtime

Maryland Overtime Attorney

Under the Fair Labor Standards Act (FLSA), employees are prohibited from working more than eight hours a day or more than 40 hours per week. The only exception to this rule is when employers pay their employees overtime, which is paid at a rate of one and one-half times the employee’s regular hourly wage. This means that employees who work additional hours must receive one and one-half of what they usually make for every extra hour worked. Employers who do not pay their workers for overtime hours can be held liable in court, so if you are paid on an hourly basis and have not received credit for overtime, you should contact an experienced Maryland employment lawyer who can help you file a claim against your employer and collect your rightful wages.

Who Can Receive Overtime Pay?

Employees are covered by federal overtime laws if they fall under one of two categories. The first is known as the enterprise category, which means that the employees work for a company that:

• Engages in interstate commerce, which includes producing goods for interstate commerce, as well as handling, selling, or working on goods or materials that have been transported or produced in interstate commerce; and
• Have an annual dollar volume of sales of at least $500,000.

However, even if a company does not satisfy the $500,000 threshold, it could still be covered by overtime laws if it is:

• A hospital;
• An institution engaged in caring for the sick, disabled, aged, or mentally ill who live on the premises;
• A school for students who are disabled;
• A preschool, elementary, or secondary school;
• An institution of higher education; or
• A local, state, or federal government agency.

Fortunately, even when employees do not fall under the enterprise category, an overtime lawyer can still help them receive compensation if they qualify for individual coverage, which guarantees overtime pay to those who are individually engaged in:

• Interstate commerce;
• The production of goods for interstate commerce; or
• An activity that is closely related and directly essential to producing goods for interstate commerce.

The latter covers employees who regularly make telephone calls to customers in other states, handle records showing interstate transactions, and travel to other states for business purposes. Even doing janitorial work in a building where goods were produced and shipped out of state has been found to qualify under this category.

Finally, the FLSA also covers employees who work as domestic service workers, including day workers, housekeepers, cooks, full-time babysitters, and chauffeurs.

Filing a Complaint

Employees who are not being paid overtime wages have the right to file a complaint with their local Wage and Hour Division office. Alternatively, employees can file a private lawsuit, where, if they are successful, they can collect back pay for the prior two to three years and an equal amount in liquidated damages, plus attorney’s fees and court costs. If a court finds that an employer willfully violated the FLSA’s overtime provisions, it can bring criminal charges and additional fines against the employer.

Call Today to Schedule a Strategy Session with a Dedicated Maryland Employment Lawyer

To speak with an overtime attorney in Maryland about your own case, please call The Law Firm of J.W. Stafford, L.L.C at 410-514-6099 today, or contact us online.  Attorney Jamaal (“Jay”) W. Stafford is an experienced litigator and has helped recover unpaid wages for clients like you.

Unpaid Overtime BLOG ARTICLES