Legal Question in Employment Law in Maryland

Re: Overtime wage question

You don't give any information about your job, so I cannot tell whether you are entitled to overtime pay or not. The law, in very general terms, says that "professional", "administrative", and "executive" personnel are not entitled to overtime, as well as a few other types such as certain salespeople. Typically, these people are salaried, their salaries are higher than hourly paid personnel, and thus they are compensated enough that they do not need overtime, at least in the eyes of the law.

But you have to look closely at the job itself to see if it fits the legal definition of one of the above categories. In other words, a job is not truly "administrative', for instance, just because it is called that and the employee receives a salary. It has to meet the legal tests which are a bit complicated but mostly have to do with the amount of control and discretion an employee has over his or her work.

You can find more information as well as the federal law which controls this area - the Fair Labor Standards Act, at the US Dept. of Labor website - www.dol.gov.

If you think you are being paid unfairly, feel free to call me for a free consultation. But if you think you actually are a properly salaried employee, then you are not entitled to overtime, so you are being treated correctly. (Of course, the employer could choose to pay overtime anyway, but does not have to.)

Hope that helps.

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.

Re: Overtime wage question

Failure to pay overtime may violate not only state law, but also federal law under the Fair Labor Standards Act. You and your co-workers should seek legal counsel immediately.

My office is currently handling a large class action case on similar facts against a large nationwide retailer --- I would be happy to chat with you about this issue. Please give me a call at the number listed.