Employment · Maryland

Can I sue for unpaid overtime in Maryland?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Maryland?

free route

The Employment Standards Service at the Division of Labor and Industry takes a claim for problems collecting wages, overtime, tips or pay for leave. The claim form has to carry your signature and reach the Service before any investigation starts, so an unsigned form is not a filed claim.

source ↗Not yet checked against the statute.

Which court hears a case like this in Maryland?

which court

District Court

source ↗Not yet checked against the statute.

How much can you sue for in Maryland small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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