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The Maryland Guide to Wage Payment and Employment Standards

This booklet is a publication of the Maryland Division of Labor and Industry, Department of Labor, Licensing and Regulation.

The Guide is meant to be used by employees and employers as a general reference source on wages and employment in Maryland. The information contained within identifies and discusses many fundamental elements of the Maryland law, and attempts to address many of the most often asked questions. This booklet is not exhaustive, however, and should not be cited as legal authority or used as a substitute for legal advice.

Table of Contents

I.    Maryland Wage Laws - In General

II.   Remedies for Unpaid Wages
       * Note on Jurisdiction

III.  Work Issues

  1. What is "Work"?
  2. Change of Work Hours: An Employer's Right
  3. Employee or Independent Contractor?
        * Factors in Making the Distinction Between an Employee and an Independent Contractor
        * Case Studies

IV. Wages and Compensation

  1. What is a "Wage"?
  2. Frequency of Pay
  3. Wages: What I Need to Know
        * Direct Deposit
        * Holding Wages: "One Pay in the Hole"
        * Wages Paid On Time
  4. Termination Pay
        * Wage Payment at Termination: When Final Paycheck Due
        * Notice of Termination: Payment of Wages During Notice Period
        * Unused Vacation at Termination -- Is It Payable?
        * Unused Sick Leave at Termination -- Is It Payable?
  5. Deductions from Wages
  6. Deductions for Unemployment and Workers' Compensation
  7. Leave Laws
        * Adoption Leave
        * Deployment Leave
        * Flexible Leave Act
  8. Compensable Time
        * What compensation am I entitled to?
        * What is the employer NOT required to pay?
  9. Change of Pay: In the Employer's Discretion
  10. Severance Pay
  11. Uniforms: Passing On the Cost
  12. Tipped Employees: Payment of Less than Minimum Wage
  13. Recordkeeping: An Employer's Responsibility
  14. Bounced Paychecks
  15. Pay for Lunch and Other Breaks
  16. Commissions
  17. Amusement and Recreational Establishments

V.  Overtime

  1. In General
  2. Salaried Employees: No Overtime
        * Executive
        * Administrative
        * Professional
  3. Hourly and Non-Executive, Non-Administrative and Non-Professional Employees: May Receive Overtime
  4. Independent Contractors
  5. Minimum Wage and Overtime Exemptions
  6. Overtime Only Exemptions
  7. Involuntary Overtime Prohibition for Licensed Practical Nurses or Registered Nurses

VI. Employer Discretion in the Workplace: Employment-At-Will

  1. Employment At-Will: Termination of Employment
  2. Displaced Workers: Reductions in Force
  3. Setting the Terms of Employment
  4. Breaks, Benefits and Days Off
  5. Drug Tests
  6. Fair Credit Act
  7. Healthy Retail Employee Act (Shift Breaks)

VII.   Where to Find Help

VIII.  Labor and Employment Publications in Maryland

For additional information, contact:
Division of Labor and Industry