Legal Question in Employment Law in Maryland

Re: Exempt professional

The question hinges upon several facts. Namely, whether or not you are entitled to protection under the Family Medical Leave Act and whether your loss of time applies there under. As a salaried professional you have the right to collect your pay in accordance with the terms of your employment. Double damages may lie but this decision needs to be tempered against your loss of employment or other contractual benefits. Maryland is an "at will" employment law state however this does not obviate the essence of the agreement with the employer. You should speak with an attorney and, if the employment seems to be ceasing, then you should attempt a reasonable severance agreement.

G. Joseph Holthaus III

(410) 799-9002

Re: Exempt professional

As a salaried exempt professional your employer is not entitled to dock you for partial days missed. If your employer does so, then you are not being treated as a salaried exempt professional and are entitled to overtime for any hours worked in excess of 8 per day or 40 per week at time and a half. This may be applied retroactively. Under these circumstances, your employer's failure to pay overtime could violate the Maryland wage payment and collection act.

Re: Exempt professional

Basically, I agree with Mr. Lease. Both federal and state law prohibit employers from docking salaried, exempt employees based on quantity (e.g., amount of hours, as in your case) or quality of work. However, employers are of course allowed to ask people to use sick and vacation time to cover time missed. Also, if yours is an illness/injury situation, the employer could conceivably discharge you if you are out of leave and are not protected by laws such as the FMLA or the ADA. You are probably an employee at will and thuscould be discharged (or quit) at any time anyway. In the end result, I would want to know the exact facts of your situation before saying definitively that the employer is acting wrongfully.

In any case, you need to proceed carefully. Perhaps you could feel out your HR department before making a claim or accusation.

If the employer is truly breaking the law, you could be entitled to significant damages - possibly even double overtime for the past three years and attorney's fees if you had to pursue the matter in court. You can also file a complaint with the Maryland labor department. Their site is http://www.dllr.state.md.us.

The employer could also be opening itself up to a much broader lawsuit by all salaried employees who have been docked, and even all salaried employees who have not received overtime pay. (As Mr. lease said, the employer's behavior might turn salaried employees into non-exempt employees entitled to overtime pay, in the eyes of the law.)

If you want to discuss your specific facts, please call me for a free consultation. You may not need an attorney, but I would be glad to chew the fat.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.