Legal Question in Employment Law in Maryland

too much pay

My fiance' has been offered a job with a Radiology firm. Their offer is to work her for 36 hours per week (3-12 hr shifts) but to pay her for 40 hours per week. This is a very lucrative offer, but if it is not legal then the offer needs to be turned down. I would appreciate any guidance you can give.

Respectfully


Asked on 9/17/04, 11:17 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: too much pay

I am not clear on where your concern lies.

Generally speaking, wage and hour law in Maryland (and the federal laws) is concerned with employers who underpay. An employer is certainly free to pay more than the minimum wage. Probably the employer here is willing to pay a certain total amount for the week, but prefers to do it this way to keep the stated hourly rate lower. As long as your fiance has filled out a W-2 form; and is receiving regular pay stubs, indicating that the appropriate tax and FICA deductions are being taken out by the employer; then she is not doing anything "illegal."

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/17/04, 11:34 am


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