Maryland workers deserve to be paid fairly for their work. And for more than 50 years, that principle has been established under Maryland law, in the form of the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl. § 3-501 et seq. (sometimes abbreviated as “MWCPL”).
At the Employment Law Center of Maryland, we file lawsuits for unpaid wages under the Maryland Wage Payment and Collection Law in every Maryland circuit court—demanding that Maryland workers be paid the wages they’re owed.
If you’re a Maryland worker, and owed unpaid wages, contact a Maryland wage lawyer today for a confidential lawyer consultation
The Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl. § 3-501 et seq. has been codified law in the state of Maryland for more than 50 years; however, it wasn’t until 1993 that the Maryland General Assembly amended the law to allow individual workers to sue for their unpaid wages. Today, the Maryland Wage Payment and Collection Law is among the most important Maryland laws protecting Maryland workers.
The Maryland Wage Payment and Collection Law provides that employers must pay each employee all wages he or she is due for work performed at least once every two weeks or twice per month and, in the case of termination, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.
The Maryland Wage Payment and Collection Law also strictly limits what deductions an employer can take from your wages.
Under the Maryland Wage Payment and Collection Law, an employer may not make a deduction from the wage of any employee unless the deduction was (1) ordered by a court, (2) expressly authorized in writing by the employee, (3) allowed by the Commissioner of Labor and Industry because the employee received full consideration for the deduction, or (4) is made in accordance with a law, rule, or regulation issued by a governmental unit.
Under the Maryland Wage Payment and Collection Law, there are only four reasons an employer can make a deduction from your wages:
pursuant to a court order;
with the written consent of the employee;
as allowed by the Maryland Commissioner of Labor and Industry; or
pursuant to a law, rule, or regulation of a governmental unit.
In Baltimore Harbor Charters, Ltd. v. Ayd, 365 Md. 366 (Md. 2001), the court outlined several factors to determine whether a worker is an “employee” under the Maryland Wage Payment and Collection Law, including:
whether the employer actually exercised or had the right to exercise control over the performance of the individual’s work;
whether the individual’s service is outside all the usual course of business of the enterprise for which such service is performed;
whether the individual is customarily engaged in an independently established trade, occupation, profession, or business;
whether it is the employer or the employee who supplies the instrumentalities, tools, and location for the work to be performed;
whether the individual receives wages directly from the employer or from a third party for work performed on the employer’s behalf; and,
whether the individual held an ownership interest in the business such that the individual had the ability and discretion to affect the general policies and procedures of the business.
When an employer violates the Maryland Wage Payment and Collection Law, it exposes itself to significant financial liability.
Under the Maryland Wage Payment and Collection Law, an employee suing for unpaid “wages” may be awarded “an amount not exceeding three times the wage, and reasonable counsel fees and other costs” if there is a finding that the employer withheld the wage in violation of the Act and “not as a result of a bona fide dispute.” A court’s finding that there was no bona fide dispute justifying the withholding of the “wage” is required before an employee may recover treble (i.e., three times) damages, as well as their attorneys’ fees.
The Maryland Wage Payment and Collection Law contains a “private right of action,” which means you can sue a Maryland employer directly for unpaid wages in Maryland state court.
A Maryland employee may bring an action for unpaid wages only after two weeks have elapsed from the date they should have been paid.
Under the Maryland Wage Payment and Collection Law’s definition, an employee may file a lawsuit for unpaid wages two weeks after their wage was supposed to be paid (i.e., payday)
As of 2013, Maryland employees whose wages have been unlawfully withheld have another tool under the Maryland Wage Payment and Collection Law—the ability to establish a lien on their employer’s real and personal and property for unpaid wages.
To do this, the employee (or their Maryland wage lawyer) must provide written notice to the employer, but this procedure sometimes results in a faster resolution of unpaid wages claims. 
You can complain for unpaid wages in Maryland to the Maryland Division of Labor and Industry; however, given the Division’s limited staff and resources, you may need to file an unpaid wages lawsuit in Maryland state court to get your unpaid wages.
Since 1993, Maryland workers who haven’t been paid their earned wages have the right to sue their employer under the Maryland Wage Payment and Collection Law. An employee may bring an action under the Maryland Wage Payment and Collection Law to recover their unpaid wages and, if a court or jury determines that the employer withheld the wage in violation of the wage law and not as a result of a bona fide dispute, it can, in its discretion, award damages in an amount up to three times the wage. The court may (but it doesn’t have to) award reasonable attorneys’ fees and other costs to the worker as well.
At the Employment Law Center of Maryland, we represent Maryland workers with unpaid wages claims in every Maryland state court. Contact us today for a free, confidential consultation with a Maryland wage lawyer.
No, a Maryland employer may not withold your paycheck, even after you’ve been fired or laid off.
The Maryland Wage Payment and Collection Law provides that all Maryland employers must pay each employee all wages they are due for work performed at least once every two weeks or twice per month and, in the case of termination, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.
Additionally, under the Maryland Wage Payment and Collection Law, your employer may not make a deduction from your wages except except:
pursuant to a court order;
with your written consent;
as allowed yb the Commissioner of Labor and Industry; or
in accordance with a law, rule, or regulation issued by a Maryland governmental unit.
If your Maryland employer has withheld or held your paycheck, contact us today for a free, confidential consultation with a Maryland wage lawyer.
A Maryland employee who has been underpaid by their employer may bring a legal action (i.e., file a lawsuit in state court) to recover the unpaid wages and, if a court or jury determines that their employer withheld the wage in violation of the Maryland Wage Payment and Collection Law and not as a result of a bona fide dispute, it can, in its discretion, award an amount not exceeding three times the wage. In addition, the court or jury may (but is not obligated to) award reasonable attorneys’ fees and other costs to the successful employee.
Alternatively, the Commissioner of Labor and Industry can bring an action on behalf of an employee to obtain similar relief; however, given the Division’s limited resources and staff, you should contact a Maryland wage lawyer as soon as possible to discuss your options.
If you’re a Maryland worker who has been underpaid, contact us today for a free, confidential consultation with a Maryland wage lawyer.
Under the Maryland Wage Payment and Collection Law, a Maryland employee can sue for unpaid wages in Maryland state court.
The Maryland Wage Payment and Collection Law sets forth the rights by which Maryland 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 Payment and Collection Law requires that you wait at least two weeks after the date on which you should have been paid to file a lawsuit in state court for unpaid wages. Additionally, the law has a three-year statute of limitations.
If you need to sue an employer for unpaid wages in Maryland, contact us today for a free, confidential consultation with a Maryland wage lawyer.
There is a three-year limit (or statute of limitations) to suing for unpaid wages in Maryland.
An employee may bring an action to recover unpaid wages under the Maryland Wage Payment and Collection Law no sooner than two weeks after the date their wage was supposed to be paid, but no later than three years after that date.
If your Maryland employer has withheld or not paid your wages, contact us today for a free, confidential consultation with a Maryland wage lawyer.
If your Maryland employer is underpaying you, you should (1) notify your employer in writing, and (2) contact a Maryland wage lawyer.
It is important that you do not delay in notifying your employer and contacting a Maryland wage lawyer, as Maryland’s unpaid wage law, the Maryland Wage Payment and Collection Law, has a three-year statute of limitations that begins to run just two weeks after your wage was supposed to be paid.
At the Employment Law Center of Maryland, we can either work with an employer outside of court to ensure that you’re paid your fair wages, or, if the employer still refuses to pay you, file a lawsuit in a Maryland circuit court, under which you may be awarded up to three times the amount of your unpaid wages. Contact us today for a free, confidential consultation with a Maryland wage lawyer.
Under the Maryland Wage Payment and Collection Law, an employee can win up to three times the amount of their unpaid wages. In addition, a court may (but does not have to) award reasonable attorneys’ fees and other costs to the successful employee.
Contact us today for a free, confidential consultation with a Maryland wage lawyer.
Justice for unpaid wages starts today with a confidential lawyer consultation.
For additional resources on unpaid wages and the Maryland Wage Payment and Collection Law (MWPLC), check out the following helpful links:
Copyright © Legal, Mente de Negocios, 2023. Todos los derechos reservados.
La información contenida en este sitio web es sólo para fines de información general. Nada de lo contenido en este sitio debe tomarse como asesoramiento legal para ningún caso o situación individual. Su uso de este sitio web está sujeto a nuestro Aviso Legal de Privacidad.
