Legal Question in Employment Law in Maryland

I work for a small clothing company. I was hired as hourly worker. But now i get my paycheck monthly like a salaried worker. But my salary equals the (numbers of hours worked times the hourly rate. But i work more than 40 hours a week sometimes upto 65 hours per week. And i dont get paid for the overtime, meaning i dont get paid the overtime rate and still get regular rate for hours more than 40.

eg: I worked 65 hours this week and my hourly rate agreed was $9.00. At the end of month that is for 4 weeks i get 4*65*9=2340 NOT 4*40*9+4*35*13.5= 3330. I am being cheated 990 dollars approximately every month.

He is showing me as if i am a salaried worker and dont have to pay overtime, infact i get amount corresponding to numbers of hours i work. What should i do?

Asked on 2/04/14, 12:58 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

I encourage you to consult with counsel who can review the specifics of your situation. The law requires most employers to pay overtime after 40 hours although this does not apply to every employee. Whether or not an employee is exempt from overtime requires a very fact specific analysis.

When an employer breaks the wage/overtime law an employee has options to report to authorities or pursue private relief through the courts. My firm offers a no-cost initial consult over the phone for wage/hour violations or you are welcome to consult with another attorney of your choosing.

I encourage you to consult with counsel who can review your particular situation and offer advice on how to proceed. Please note that this post is not a promise to represent and it only offers general legal information, not advice tailored to your particular situation.

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Answered on 3/15/14, 9:03 am

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