Unpaid Wages and Overtime on Maryland Construction Sites

 Posted on October 22, 2025 in Wage & Hour Violations

On large construction sites across Maryland, dozens of companies and subcontractors work side by side. When the project ends or a contractor disappears, workers are the ones left to deal with the consequences. Employers sometimes withhold wages, delay payments, or avoid paying overtime entirely. These are not simple misunderstandings. They are against the law.

If you are a construction worker who has not received full pay for your hours, you have rights. Whether you were hired by a major contractor or a small, short-term company, Maryland law gives you the right to recover what you earned.

Our Montgomery County employment law attorneys work for employees and fight to get them the wages they deserve. Call us at 301-587-6364 for a free case evaluation. 

What Construction Works Should Do When Employers Don’t Pay

Wage theft on construction sites often occurs when fly-by-night subcontractors underbid a project, use temporary labor, and then disappear without paying. Sometimes, general contractors look the other way. Other times, they blame the subcontractor even though they benefited from the labor.

As of October 2025, the Maryland Wage Payment and Collection Law continues to protect workers who are denied full wages. Courts can order employers to pay not only the missing wages but also up to three times the unpaid amount, plus attorney’s fees. Willful violations can also result in a criminal fine of up to $1,000.

Maryland law says that workers may bring claims directly against their employer. In certain cases, workers can bring claims against the general contractor as well. Workers can also file complaints with the Maryland Department of Labor or file a claim in civil court. If you are a construction worker who has not been paid, you should talk to an attorney. You may be surprised by how much protection you have under the law. 

Overtime Pay and "Salaried" Workers Who Still Qualify

Another common issue involves overtime. Under both Maryland’s Wage and Hour Law and the federal Fair Labor Standards Act (FLSA), employees must be paid time and a half for any hours worked over 40 in a week.

Some companies try to avoid this rule by calling workers "salaried" and paying the same amount each week regardless of hours. But being on salary does not automatically mean you are exempt from overtime pay. Only certain positions fall under the overtime exemptions.

If you perform manual labor, skilled trade work, or field supervision, you are likely entitled to overtime even if your paycheck says "salary." Employers cannot dodge wage laws just by changing the title on a pay stub.

The "Independent Contractor" Label is Often Wrong

Many construction workers are also misclassified as "independent contractors" to deny them overtime or benefits. This tactic rarely holds up in court because what matters is how much control the employer has over your work, not what label they use.

If your employer sets your schedule, provides the tools, and directs your daily work, you are likely an employee under Maryland law. True independent contractors control their own work, supply their own materials, and can take other jobs freely. Most construction workers do not meet that definition, which means they are entitled to full employee protections, including overtime and wage guarantees.

Contact a Silver Spring, MD Employment Lawyer

If you have not been paid your full wages or overtime on a construction project, contact a Montgomery County, MD employment lawyer at Melehy & Associates LLC. We have over 50 years of combined legal experience and a history of precedent-setting results, and we offer free case evaluations. Call 301-587-6364 today to discuss your case and protect your rights. Se habla español.