Legal Question in Employment Law in Maryland

Re: Overtime Pay

Under the facts you have outlined, it sounds as if you have a very strong case that you are entitled to be paid back for the overtime you worked during at least the last two years. The law which covers this, the Fair Labor Standards Act (FLSA), also provides for additional damages in certain cases. (Sometimes up to three years of backpay.)

One of the problems is that it can be difficult to prove damages unless time cards exist which show your overtime. Nevertheless, courts will often accept the testimony of the employee if no other proof exists.

You can either file a complaint with the US Department of Labor, Wage and Hour office, or file a demand with the employer itself (HR, for example, rather than just the manager), or hire an attorney to make the demand and then sue if necessary.

You might run into some difficulty by pushing the issue at work, but they may not legally retaliate against you in any way. In any case, always be tactful and stick to the facts. Do not be antagonistic or accusatory.

I would be glad to help you and the other employees if they are interested. It is the type of case I can take on a contingency basis. That is, there are no attorney's fees unless we obtain a recovery. (It happens I am now located in Florida, but worked in MD for many years until a few months ago, still have clients and am still licensed in MD.)

Please call for a free consultation to review the matter and decide how best to proceed.

Good luck to you.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.

Re: Overtime Pay

As a non-exempt administrative employee, you are entitled to overtime pay for all hours worked over 40, under the Federal Fair Labor Standards Act (FLSA) and under the Maryland Wage and Hour Act. Under law, that pay should be time and one half of your hourly wage. If the violation was willfull, you may also be entitled to "liquidated" damages. Those are damages in addition to the overtime you are owed. Also, under the law, you may also be entitled to reimbursement of attorney fees.

You can file a claim with the Department of Labor or proceed to file a private claim through an attorney. The attorney should be experienced in handling matters of this type.

If you wish to discuss this with me, I would be glad to do so at 301-220-2200.

Jay P. Holland, Esq.