Legal Question in Employment Law in Maryland

My work weeks are always different. My new employer says that my new "work week" is whenever I am consecutively here, not any set seven day streach. Any breaks in my schedule constitute a restart in my overtime clock. I could work 5 days out of 7 and get no overtime. (All of my work days are 13 hours long) Mon, Tues, Wed, [Thursday off] Fri, Sat, Sun. However. If I work four or more days in a row I would get overtime, this would continue until I have another calendar day break, for as many days in a row that I work. I was wondering if this is leagle and what statute is used.


Asked on 7/27/11, 9:33 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Hello and thanks for your post. The employer's take on a "work week" is interesting but probably fails under scrutiny. Note that the law does not require a calendar (Sun - Sat) work week but does require payment of overtime wages if an employee works more than 40 hours in a work week. Wage and hour payments are governed by both federal law (FLSA) and state law (maryland's wage & hour statute). Violations of the law may either be handled by filing a private claim against the employer or by letting government enforcement officials investigate. The law allows an employee to collect penalties for violations of either federal or state law. I strongly encourage you to seek legal counsel on this.

My firm represents employees in wage / hour litigation and you are welcome to contact me at 410-216-7000 for a no cost initial telephone consult (up to 10 minutes) or contact another attorney of your choosing. Note that this post does not offer legal advice, promise legal representation or create an attorney/client relationship.

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Answered on 8/24/11, 7:14 pm


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