Retaliation in the workplace—a guide for Maryland employees

Maryland workers deserve to be paid fairly for their work. And for more than 50 years, that principle has been established under Maryland law, in the form of the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl. § 3-501 et seq. (sometimes abbreviated as "MWCPL").
At the Employment Law Center of Maryland, we file lawsuits for unpaid wages under the Maryland Wage Payment and Collection Law in every Maryland circuit court—demanding that Maryland workers be paid the wages they're owed.
If you're a Maryland worker, and owed unpaid wages, contact a Maryland wage lawyer today for a confidential lawyer consultation.
Maryland Wage Payment and Collection Law
The Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. & Empl. § 3-501 et seq. has been codified law in the state of Maryland for more than 50 years; however, it wasn't until 1993 that the Maryland General Assembly amended the law to allow individual workers to sue for their unpaid wages. Today, the Maryland Wage Payment and Collection Law is among the most important Maryland laws protecting Maryland workers.
The Maryland Wage Payment and Collection Law provides that employers must pay each employee all wages he or she is due for work performed at least once every two weeks or twice per month and, in the case of termination, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.
The Maryland Wage Payment and Collection Law mandates that Maryland employers pay workers at least once every two weeks or twice per month.
Under the Maryland Wage Payment and Collection Law, a terminated worker must be paid their earned wages on or before the day they would normally have been paid.
The Maryland Wage Payment and Collection Law also strictly limits what deductions an employer can take from your wages.
Under the Maryland Wage Payment and Collection Law, an employer may not make a deduction from the wage of any employee unless the deduction was (1) ordered by a court, (2) expressly authorized in writing by the employee, (3) allowed by the Commissioner of Labor and Industry because the employee received full consideration for the deduction, or (4) is made in accordance with a law, rule, or regulation issued by a governmental unit.
Under the Maryland Wage Payment and Collection Law, there are only four reasons an employer can make a deduction from your wages:
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pursuant to a court order;
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with the written consent of the employee;
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as allowed by the Maryland Commissioner of Labor and Industry; or
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pursuant to a law, rule, or regulation of a governmental unit.
It is important to note that the Maryland Wage Payment and Collection Law only applies to "employees," a term that the Maryland Wage Payment and Collection Law does not actually define. However, Maryland courts generally use a four-part test to determine whether an individual is an employee, the most important of which is "whether the employer actually exercised or had the right to exercise control over the performance of the individual's work." In other words—did the employer tell you when and how to do your work? If so, you may be an "employee" under the Maryland Wage Payment and Collection Law, and can sue the employer for your unpaid wages.
In Baltimore Harbor Charters, Ltd. v. Ayd, 365 Md. 366 (Md. 2001), the court outlined several factors to determine whether a worker is an "employee" under the Maryland Wage Payment and Collection Law, including:
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whether the employer actually exercised or had the right to exercise control over the performance of the individual's work;
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whether the individual's service is outside all the usual course of business of the enterprise for which such service is performed;
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whether the individual is customarily engaged in an independently established trade, occupation, profession, or business;
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whether it is the employer or the employee who supplies the instrumentalities, tools, and location for the work to be performed;
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whether the individual receives wages directly from the employer or from a third party for work performed on the employer's behalf; and,
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whether the individual held an ownership interest in the business such that the individual had the ability and discretion to affect the general policies and procedures of the business.
The next important question under the Maryland Wage Payment and Collection Law is what is considered a "wage?" The types of remuneration considered a wage under the Maryland Wage Payment and Collection Law are very broad, and include almost anything promised as compensation for work performed. This includes commissions and other fringe benefits that you might not traditionally think of as "wages."
The Maryland Wage Payment and Collection Law's definition of a "wage" is very broad, and includes fringe benefits such as commissions.
When an employer violates the Maryland Wage Payment and Collection Law, it exposes itself to significant financial liability.
Under the Maryland Wage Payment and Collection Law, an employee suing for unpaid “wages” may be awarded “an amount not exceeding three times the wage, and reasonable counsel fees and other costs” if there is a finding that the employer withheld the wage in violation of the Act and “not as a result of a bona fide dispute.” A court's finding that there was no bona fide dispute justifying the withholding of the “wage” is required before an employee may recover treble (i.e., three times) damages, as well as their attorneys' fees.
Under the Maryland Wage Payment and Collection Law's definition, an employee whose wages were unlawfully withheld may be awarded up to three times the amount of their unpaid wages. For example, an employee whose employer withheld $50,000 could potentially be awarded $150,000 in damages.
Under the Maryland Wage Payment and Collection Law's definition, an employee whose unpaid wages claim is success may be awarded their attorneys' fees (i.e., the employer has to pay for the employee's lawyer).
At the Employment Law Center of Maryland, we help Maryland employees receive up to three times the amount of the wages they are owed under the Maryland Wage Payment and Collection Law. Contact us today for a confidential consultation with a Maryland wage lawyer.
Suing for Unpaid Wages
The Maryland Wage Payment and Collection Law contains a "private right of action," which means you can sue a Maryland employer directly for unpaid wages in Maryland state court.
A Maryland employee may bring an action for unpaid wages only after two weeks have elapsed from the date they should have been paid.
Under the Maryland Wage Payment and Collection Law's definition, an employee may file a lawsuit for unpaid wages two weeks after their wage was supposed to be paid (i.e., payday).
The statute of limitations for the Maryland Wage Payment and Collection Law is three years, and begins to run after each instance of wage withholding. For example, if an employee's paycheck was "light" twice - once four years ago, and again two years ago - the employee could only file a lawsuit in court for unpaid wages on the second light paycheck.
The Maryland Wage Payment and Collection Law's has a three-year statute of limitations.
As of 2013, Maryland employees whose wages have been unlawfully withheld have another tool under the Maryland Wage Payment and Collection Law—the ability to establish a lien on their employer's real and personal and property for unpaid wages.
To do this, the employee (or their Maryland wage lawyer) must provide written notice to the employer, but this procedure sometimes results in a faster resolution of unpaid wages claims.
As of 2013, an aggrieved employee may establish a lien on an employer's real and personal property under the Maryland Wage Payment and Collection Law.
If your current or former Maryland employer has unlawfully withheld your wages, contact us today for a confidential consultation with a Maryland wage lawyer.
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What is an example of age discrimination in the workplace?Age discrimination in the workplace generally takes one of three forms: direct age discrimination, indirect age discrimination, and harassment age discrimination. Direct age discrimination occurs when an employer treats you differently than another person who is in a similar situation as you, but is a different age (usually, younger). Examples of direct age discrimination would be rejecting job applications from older applicants, denying promotion opportunities to older workers, or denying employment benefits (e.g., trainings or other job perks) to older workers. Direct age discrimination's most common example is an employer firing an older, more experienced worker, to hire a younger, cheaper, less-experienced worker. Indirect age discrimination in the workplace occurs when a company's policies or practices operate in such a way as to disadvantage people in certain age groups. For example, if an organization requires that only individuals with a master's degree are eligible for an employment benefit, this could disadvantage younger workers who are less likely to have a post-graduate degree. Lastly, harassment age discrimination in the workplace occurs when employers or co-workers humiliate or degrade you because of your age. Comments about someone being "over the hill," "ancient," or "retirement age" are examples of harassment age discrimination. Harassment age discrimination claims are common in many workplaces, but can be difficult to prove, because you may need to show that your employer knew about the harassment, but did nothing to prevent or stop the age discrimination harassment. If you're unsure whether you've been a victim of age discrimination in the workplace, you should contact an age discrimination lawyer near you.
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What is considered workplace age discrimination?Workplace age discrimination occurs when an employer treats an employee or job applicant more or less favorably because of their age. But not all age discrimination is illegal. Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, an exception exists for employers who discriminate based on age when age is an essential part of a particular job. This is known as a "bona fide occupational qualification," and is a very narrow exception. To use this exception, an employer must be able to sow that the age discrimination is required for the job to be performed safely and properly. For example, states are generally allowed to discriminate on the basis of age when it comes to hiring firefighters and law enforcement officers. If you're unsure whether you're a victim of workplace age discrimination, contact a Maryland age discrimination lawyernear you.
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Can I be fired or not hired because a younger employee costs less?There's no clear-cut rule when it comes to hiring younger, cheaper workers. Companies often make hiring decisions based on wage or salary history (e.g., a less experienced worker may be asking for a lower salary), and this is not illegal age discrimination. However, basing hiring or firing decisions solely on age is illegal age discrimination if the employer cannot show a reasonable justification for the employment action. For example, if an employer terminates older workers to avoid paying them their benefits, pensions, etc., this runs afoul of the 1990 Older Workers Benefit Protection Act (OWBPA). Whether a hiring or firing decision constitutes illegal age discrimination in the workplace is different in every situation, and you should contact a Maryland age discrimination lawyer near you to discuss the specifics of your case.
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Can an employer ask my age on a job application?Yes, a Maryland employer can ask your age on a job application; however, there are strict limits on when a Maryland employer can ask for your age on a job application, as well as how an employer can use that information. While federal and state age discrimination laws do not technically prohibit prospective Maryland employers from asking about your age, they must have a lawful purpose for doing so. This could include: Completing a background check Enforcing a lawful minimum age requirement for a position (for example, states can discriminate based on age when it comes to firefighters and law enforcement officers) Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, a prospective employer can discriminate based on (and ask about) age if they can demonstrate that (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This is known as the "bona fide business qualification" exception, and applies in cases where age is highly relevant to the position. While it's not strictly necessary, smart employers tend to, at a minimum, keep your age or other demographic data separate from the information used to evaluate your job application. Regardless, asking a job applicant's age is always risky for an employer. If you're not sure whether a prospective employer engaged in age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
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Can my employer make me retire?Generally, no, your employer cannot make you retire. Under the Age Discrimination in Employment Act (ADEA), workers age 40 or older are protected from workplace age discrimination, which includes requiring employees to retire upon meeting a specific age. However, there are exceptions to the ADEA's protections, as well as Maryland's Title 20's similar age discrimination protections. A Maryland employer may discriminate based on age if they can show a "bona fide occupational qualification" reasonably necessary “to the normal operation of the particular business.” In order to demonstrate a bona fide occupational qualification, the employer must demonstrate (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This exception is often used by states for the hiring, firing, and compulsory retirement of firefighters and law enforcement officers. If you've been forced to retire, and you're concerned about illegal age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
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Can you sue for age discrimination in the workplace?Yes. You can sue a current, former, or prospective Maryland employer for age discrimination in the workplace. There are a variety of federal, state, and local/county laws that prohibit age discrimination at work in Maryland. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, and terms, conditions, or privileges of employment. Md. Code, State Gov't § 20-606 (Title 20) also prohibits Maryland employers from discriminating on the basis of age. Further, the following Maryland counties/cities have age discrimination in the workplace statutes in place: Baltimore County Baltimore City Frederick County Harford County Howard County Montgomery County Prince George's County Suing an employer for age discrimination in the workplace requires you to comply with strict filing requirements and timelines. A Maryland age discrimination lawyer near you will help you file the appropriate documents, as well as keep track of the relevant deadlines.
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How do I sue my employer for workplace age discrimination?To sue your Maryland employer for age discrimination in the workplace, you'll need to (1) file an administrative complaint and (2) file a lawsuit in a Maryland circuit court. Under both the Age Discrimination in Employment Act (ADEA) and Md. Code, State Gov't § 20-606 (Title 20), you need to "administratively exhaust" your age discrimination in the workplace claim before you can file a lawsuit in court. This means that you'll need to file an administrative complaint with one or both agencies, and wait either 60 or 180 days (depending on which agency you file with) for them to investigate your age discrimination in the workplace complaint. Once the requisite time has passed, or the agency has completed its investigation and issued you a "notice of right to sue," you have 90 days to file an age discrimination in the workplace lawsuit in either federal District Court for the District of Maryland or a Maryland circuit court. Suing an employer for age discrimination in the workplace is a complicated, lengthy process. A Maryland age discrimination lawyer near you will help you file the appropriate complaints, as well as keep track of the relevant deadlines.
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What is the average settlement for age discrimination?The average settlement for age discrimination in the workplace lawsuits in Maryland can range from the tens of thousands of dollars to hundreds of thousands of dollars—but every case is different. A 2010 study done by Lawyers for Civil Justice found that an average out of court settlement for age discrimination in the workplace is about $40,000, and that approximately 10% of cases resulted in a settlement of at least $1 million. As you can see, this is a wide range. The following factors tend to influence the settlement amount of an age discrimination in the workplace case: The facts of the case (e.g., was the discrimination particularly outrageous or egregious?) The evidence available (documents, text messages, emails, etc.) Your credibility The skill and work ethic of your age discrimination lawyer At the Employment Law Center of Maryland, we litigate every single age discrimination in the workplace case as if it's going to trial, putting our clients in the strongest possible position to settle or win their case.
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What are the criteria for age discrimination in the workplace?In a Maryland age discrimination in the workplace case, an employee must generally show the following criteria (or "elements" of the age discrimination claim): That he or she was within the protected class of age forty or over (under the Age Discrimination in Employment Act; this does not apply to state law claims under Title 20); That he or she was performing his job to the employer's legitimate expectations; That he or she was discharged (i.e., fired); and That the employer replaced him or her with someone substantially younger or treated someone more favorably who is substantially younger, or provide other evidence that indicates that it is more likely than not that his or her age was the reason for the adverse employment action. These criteria are slightly different depending the facts of each particular case, as well as whether the case is brought under federal, state, or local law. A Maryland age discrimination lawyer near you can help you identify which criteria apply to your particular case.
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How do you prove age discrimination in firing?Age discrimination in the workplace claims are civil claims—meaning that they are subject to civil "discovery" procedures allowing for the review of documents, deposition of witnesses, and subpoena of other evidence. Generally, an experienced age discrimination lawyer will seek to obtain a great deal of employee data to show the disparate treatment of his or her client, including: the number of employees over age 40 employed by the employer; the number of employees over age 40 in supervisory or management positions with the employer; the salary range for the relevant job category; the average salaries of employees under age 40 and those over age 40 at the employer; and, the average starting salary of an employee over age 40 and of an employee under age 40 in each job category. In addition, an experienced age discrimination lawyer will request documents, interview and/or depose witnesses, and force the employer to testify under oath regarding the age discrimination in the workplace.
Blog Posts
For more on unpaid wages and the Maryland Wage Payment and Collection Law (MWPLC), check out our team's most recent blog post on this topic:
Helpful Links
For additional resources on unpaid wages and the Maryland Wage Payment and Collection Law (MWPLC), check out the following helpful links: