Legal Question in Employment Law in Maryland

If my employer reclassified me as an hourly employee instead of salary exempt without notifying me, do I owe repayment of the overtime pay they now claim they overpaid me?

A few days after I submitted my 2 weeks notice payroll informed me I owe them over $3000 in overpayment since 6 months ago I was reclassified as an hourly employee. I had been salary exempt since I was hired and was not notified of any change in my status. They say they dont know how the change in my status occured, but since it did I've been receiving double time for OT instead of straight time pay. Am I responsible to repay this? Maybe I should have been an hourly employee since I was hired years ago and they owe me money??


Asked on 7/26/12, 8:04 am

1 Answer from Attorneys
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Sometimes when it doesn't smell right it is not right. This likely one of those times. Your best bet is to sit down with an attorney to discuss your options but generally under contract law, which every employment agreement is under some form or shade of contract law, you normally have to agree expressly or implicitly via action for you to be held liable. Other questions that come up are if your status did change then why did they continue paying you overtime for six months? Again best bet is to sit down with an attorney and discuss.

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Answered on 7/26/12, 8:31 am


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