Legal Question in Civil Litigation in Maryland

I work for a local town government. Located in the government building in which I work is a privately owned for profit retail clothing/gift shop. This business owner rents the retail space for the town. This business owner has several businesses both locally as well as out-of-state. This owner employees no employees for staffing his retail shop. I have been employed for almost two years at this location and have been made to handle the sales for customers wanting to make purchases of clothing and gift items. I was told by my manager, who is employed by the town government, that we offer this business owner this courtesy and handle his sales. A metal cash box is kept in my area with which to put the cash for the merchandise sold. Up until recently, I only handled cash sales. Lately, the owner of the shop has become more demanding of several things...one... being to "sell" more. He wants more sales. Two, he now decided that he is losing sales due to the fact that I don't handle purchases made by charge cards. I told him as well as my manager that I would not handle charge card sales for a company I am not even employed with. This has trigered a chain reaction for which I am now paying a "price" for and for which I will not I detail here.

I contacted the DOL asking if I can be forced to work for someone who does not employ me and I was told that I needed to contact the State DOL as it was state jurisdiction. I then forwarded my initial inquiry as well as the DOL response to contact them. I was told that it is not the State's jurisdiction but the DOL's jurisdiction. I then phoned the DOL and was told that this in incorrect and it is the State's jurisdiction. I was also told that it falls under "employment-at-will" and to bring suit. I really can not believe that a person can legally be forced to work for free for a retail operation that pays no employee taxes or anything else and their is no one who would handle the overseeing of such as set up. Is there anyone who could direct me to the right agency to handle this. Thank you.


Asked on 11/05/10, 2:29 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

I assume your government job has a defined work day for your salary, and that the time you spend on behalf of this merchant is within your designated work day. If so, you are really not performing unpaid work, although you may be performing work that is inconsistent with your "government" responsibilities and not particularly what you contemplated doing. Apparently the lease agreement between the merchant and the government provides that the government will perform this function, since the merchant doesn't have his own employee on site. Of course, if these assumptions are incorrect and you are working "overtime" without compensation, you would have a valid claim for compensation under state law, and should contact the state Labor Dept.

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Answered on 11/12/10, 8:07 am


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