Wage & Hour Claims in Washington D.C., Virginia & Maryland
The Fair Labor Standards Act (FLSA) is a federal law that establishes the minimum wage, overtime pay, and recordkeeping guidelines for employees in the private and government sector. For all non-exempt employees working more than 40 hours per week, an employee is also entitled to an overtime wage of 1 ½ times the regular rate of pay, or “time and a half.” Thus, if your regular hourly wage is $15 per hour, your hourly wage above 40 hours is $22.50 per hour. Many states also have their own versions of the FLSA and provide many of the same benefits and wage protections as under the FLSA.
Even then, many employers refuse to pay employees their correct wages, by either misclassifying employees as “independent contractors” or exempt employees, having employees working “off the clock” (such as not paying an employee for time spent putting on or taking off a uniform, or not paying employees for attending mandatory employee trainings or orientations), or simply refusing to pay employees for the hours worked. These wage violations by the employer may result in damages equal to double the wages owed to the employee. Thus, when an employer is found to owe an employee $10,000 in past wages, under the FLSA and similar state laws, the employee may well be entitled to double these damages, or $20,000, plus any attorney fees incurred.
Minimum Wage in Washington D.C., Maryland and Virginia.
In the District of Columbia, the minimum wage is $8.25 per hour. If an employee is working for a private employer in Maryland or Virginia, the minimum wage is equal to the federal minimum wage or $7.25 per hour.
If you are working for the government of D.C., or for an employer that has a contract with the government of D.C., you maybe entitled to a living wage or $12.50 per hour. Employees who are on some D.C., Maryland, Virginia or federal government contracts in the areas of construction or services, maybe entitled to a prevailing wage, which can sometimes be $20+ per hour.
If you work in Baltimore City, and your employer has a contract with the City of Baltimore, you are entitled to a living wage or $10.59/hr.
If you work in Montgomery County in Maryland, and your employer has a contract with the County, you are also entitled to a living wage or $13.65/hr. See Montgomery County Code Section. 11B-33A.
If you work in Prince George’s County in Maryland, you may also be entitled to a living wage.
Also in D.C. there is a minimum daily wage which means that an employee must be paid for a minimum of 4 hours per day, on any day that you report to work, unless you are regularly scheduled for less than 4 hours per day. Maryland and Virginia does not have a minimum daily wage.
Overtime Pay in Washington D.C., Maryland and Virginia
If an employee works for more than 40 hours per week, your employer must pay you time and a half for any hours more than 40 hours. For ex: if your regular hourly rate is $10/hr. Your overtime wage is at $15/hr, for all hours worked above 40 hours.
However not all employee are entitled to overtime pay. These employees include: professionals, salesmen, truckers, taxicab drivers, and theater employees, among others.
When is My Employer Required to Pay Me?
An employee in D.C., Maryland and Virginia is required to be paid twice per month on regular pay days.
In Washington D.C. If you are fired or terminated from your employment, you are owed your final wages, the next working day. Thus if you were fired or terminated on a Friday, your final wages are due no later than Monday. If however you quit your employment, you must be paid by the next regular pay day or within 7 days, whichever is earlier.
In Maryland & Virginia, if you are fired or terminated, you must be paid by the next regular pay period.
If you or somebody you know has been denied their wages, or not paid their overtime or for paid time off, kindly contact our office to schedule an appointment to discuss your non-payment of wages case.