Maryland Enacts Rest Break Law for Retail Employers

Posted on March 1, 2011 by Noel Tripp

As discussed in greater detail here, effective March 1, 2011, retail employers with 50 or more employees must provide employees working a consecutive 4-6 hour shift with a 15 minute nonworking break and must provide employees working more than 6 consecutive hours with a non-working break of at least 30 minutes. (if the 30 minute break applies, the employee is not entitled to a 15 minute break) For employees working 8 consecutive hours, employees must be provided with an additional nonworking break of 15 minutes for each additional 4 hours of work on that shift.  For shifts not exceeding 6 hours, the 15 minute break may be waived in writing. See Md.Code Ann., Lab. & Empl. 3-710.

Tags: , , ,

Maryland Legislature Clarifies Plaintiffs' Ability to Seek Overtime Under Maryland Wage Payment and Collection Law

Posted on April 29, 2010 by Noel Tripp

While the FLSA undeniably provides a plaintiff with the right to assert a statutory claim for unpaid overtime and receive all statutory damages, whether, and under what circumstances, such a claim can be asserted under a state wage and hour law is not always so clear.  In fact, in Maryland, courts had reached conflicting conclusions as to whether such a statutory claim could be asserted in a misclassification or similar case where the claim was not based on an employer's failure to pay promised overtime (i.e., unpaid recorded overtime by a non-exempt employee).  Effective October 1, 2010, this issue is no longer in dispute in Maryland as the Maryland Wage Payment and Collection Law has been amended to include "overtime wages" within the definition of wages. 2010 Md. ALS 99.  Maryland employers must now recognize that they are potentially subject to both federal and state liability for unpaid overtime.

This enactment highlights the need to analyze all potential wage and hour strategies and liabilities under both federal and state law.

Tags: , , , , ,