Legal Question in Employment Law in Maryland

In Maryland, is it legal to make employees work a couple straight weeks without ANY days off? I'm a server at a restaurant and at the end of next week I'll be going on my 20th day in a row without a single day off. We make the minimum wage for server who earn tips. I just wanted to know if working that much was even legal.


Asked on 8/17/10, 10:47 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Generally, yes, you can make employees work as many straight days as you want. If you don't want the job, quit!! There's plenty of other people out there who would jump at the chance. In this economy, you should be celebrating your employer's need for work.

Maryland law generally suggests that restaurants are EXEMPT from overtime requirements. HOWEVER, restaurants that meet certain criteria are covered by the Fair Labor Standards Act (FLSA) and must comply with existing Federal overtime laws. Most restaurants in Maryland are subject to FSLA overtime rules because they meet the following criteria:

* The business enterprise has annual gross revenues of $500,000 or more.

-OR-

* If the business or employee(s) job involves interstate commerce, then that employee(s) is covered under Federal law. Example: servers who process credit cards are engaged in interstate commerce because credit card transactions cross state lines.

Smaller establishments that gross less than $500,000 and do not accept credit cards are generally exempt from Federal overtime requirements. However, in labor dispute situations where two laws differ (State law and Federal law), the stricter of the two laws generally prevails; in other words, the law most beneficial to the employee (Maryland law).

For more information about your specific circumstance, I recommend you hire a Maryland labor law attorney and discuss the specifics of your case.

Best of luck.******The above does not establish an attorney-client relationship and is intended for informational purposes only.******

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Answered on 8/22/10, 10:58 am
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

If you don't get daily breaks or you are not receiving over time, then there may be certain issues that arise; but under state and/or federal law, there isn't anything that requires you must get a day off. It is normal practice that people get a day off but there are plenty of industries where individuals work weeks in a row without breaks. I suggest talking to your manager to schedule periodic days off.

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Answered on 8/22/10, 10:59 am


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