Common Questions Regarding Baltimore, MD Wage And Hour Rights
If you think your employer is not paying you what they are supposed to, it may be in your best interests to discuss your situation with an FLSA attorney Baltimore, MD workers can count on.
Many employees are unsure of their rights when it comes to the hours they work, the time off they are allowed, or the breaks they get. This can make it an easy environment for an employer to violate your wage and hour rights. If you are unsure of whether this is happening to you, it is best to be informed of what your rights are as an employee. Below are a few frequently asked questions regarding wage and hour rights that can help you on your journey to understanding what you are entitled to.
The information provided here is not legal advice. If you are seeking legal advice, it is important to consult a FLSA attorney who is licensed to practice in Baltimore and throughout MD.
Can My Employer Pay Me Less Than Minimum wage If I Get Paid Tips?
This will usually be determined by how much you make in tips and what your job position is. For example, the federal minimum wage—currently at $7.25 per hour—is required by every state. In some states the minimum wage is even higher. However, things can get a bit more confusing if you earn tips to supplement the minimum wage. A minimum wage for tipped employees is set at $2.13 per hour. If your tips do not bring your hourly wages up to the minimum wage, then your employer is required to supplement your wages up to that minimum number.
If you think this is one or more of the ways that your employer is participating in unfair labor practices, it may be time for you to contact an FLSA attorney who is located in Baltimore or in Maryland near to where you live and work.
What If My Employer Pays Me the Federal Minimum Wage When My State’s Minimum Wage Is Higher?
If you work in a state where the state minimum wage is set higher than the federal minimum wage, your employer is required to follow the law that best benefits the employee. For example, if your state requires a minimum wage of $10.25 per hour but the federal minimum wage is $7.25 per hour, your employer will be in violation of your state’s law by only paying you the federal minimum wage.
Can My Employer Force Me To Clock Out For Breaks?
Because labor laws differ from state to state, it is important to get FLSA advice from an attorney who is licensed to work in Baltimore, MD or in the state or district where you are employed.
Depending on your state law, your employer might have to pay you for certain breaks throughout the day. Thus, your right to a paid break can be determined by:
- How long your break was (usually ten minutes for every four hours of work)
- The state you are working in
If you are in a state that allows you a certain amount of timed breaks every day, your employer cannot force you to work through these breaks.
Can I Receive Overtime Pay?
This can depend on a few factors. It is important to check to see if you are considered an “exempt” or “non-exempt” employee. If you are classified as exempt, you cannot receive overtime pay. However, if you are non-exempt, you are entitled to get paid overtime. Many common jobs that are not eligible for overtime pay are:
- Independent contractors
- Newspaper deliverers
Discussing your situation with an FLSA attorney in Baltimore may help you to determine whether or not your employer is violating MD labor laws.
Am I Entitled To Compensation For Travel Time?
This is dependent on the type of job that you hold. If, for example, you do not work out of an office and you frequently travel as part of your job, then your employer must pay for the time you spend commuting when you are conducting business.
If you have any further questions regarding wage and hour violations or would like to get in touch with an attorney from Cohen & Cohen, P.C. contact us today.