Legal Question in Business Law in Maryland

Today my boss told me that he's going to charge me a fee of at least $25 for every paycheck I recieve. That's about $50 a month. He's doing this because the owner wants to cancel our payroll service, but no one has time in house do the work. My boss plans to hire cheaper payroll service and charge us for it. Is this legal?


Asked on 11/04/10, 11:42 am

4 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Unless you have a written contract that says otherwise, yes, your employer can do that. You have an easy choice -- quit your job and work for someone else who won't do that to you.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 11/09/10, 12:19 pm
Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I respectfully disagree with the other attorney's answer. In my opinion, this practice amounts to improper wage withholding. It's easy enough to determine. Contact your local employment development or labor department. They will investigate the practice and make a ruling. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/09/10, 1:29 pm
Paula McGill Paula McGill Attorney at Law

I agree with attorney Murphy. You should definitely contact Maryland Department of Labor, Licensing & Regulation. To begin, call (410)767-2357.

Also you can contact the US Department of Labor. You can go to their website www.dol.gov.

If you need additional information, I am an employment lawyer in Maryland with two offices -- Baltimore and Bethesda. You can contact me at (301)678-3725 or (410)635-4122

BALTIMORE OFFICE

300 E. Lombard Street

Suite 840

Baltimore, MD

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Answered on 11/09/10, 5:02 pm
Cedulie Laumann Arden Law Firm, LLC

As the two other Maryland attorneys noted, withholding such monies from a paycheck in Maryland likely violates this state's wage/hour laws. Paycheck deductions can be made in limited circumstances: if they are court ordered OR if the employee already agreed in writing. Employees have two options with wage violations: they can report it through governmental channels or they can pursue a private civil action against the employer.

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Answered on 11/10/10, 6:07 am


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