Posted on April 01, 2025 in Employment Law

Earning a fair wage for your labor is a fundamental right, but unfortunately, not all employers play by the rules. For employees in Maryland, it's essential to understand your workplace rights and recognize if your employer is violating wage and hour laws. Whether it's unpaid overtime, withheld wages, or being misclassified as an independent contractor, you deserve protection and compensation for any wrongdoing.

Understanding Wage and Hour Laws in Maryland

Maryland has robust wage and hour laws designed to protect employees from unfair labor practices. These laws govern how employers should compensate their workers, including minimum wage requirements, overtime pay, and proper classification of employees.

Key Provisions of Maryland Law:

• Minimum Wage: Maryland's minimum wage is currently $15 per hour regardless of the workplace size (as of 2024). However, some employees may qualify for exemptions under specific circumstances.

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 Posted on January 05, 2025 in Employment Law

Sick leave is not just a perk—it’s a fundamental part of maintaining your health and job security. Unfortunately, not everyone’s right to sick leave is honored, leaving many employees unsure of their next steps. This guide will help you understand your rights, recognize violations, and explore legal options if your sick leave has been denied.

Understanding Your Rights to Sick Leave

Federal and State Laws on Sick Leave

Federal and state laws form the foundation of sick leave rights, with the Family and Medical Leave Act (FMLA) entitling eligible employees to 12 weeks of unpaid leave with job protection. However, the FMLA applies only to certain workplaces and employees. State laws, like those in California and New York, often go beyond federal requirements, offering paid leave or longer durations, ensuring broader protections. The COVID-19 pandemic also prompted some states to expand their laws to include provisions for testing, quarantine, and vaccination, reflecting the growing importance of sick leave as a public health issue. Employees understanding local laws alongside federal policies can better advocate for their rights. Staying informed about these laws ensures you’re prepared to assert your leave privileges legally and effectively.

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 Posted on July 01, 2024 in Employment Law

Understanding Your Rights

Navigating the complexities of sick leave can be daunting, especially if you find yourself in a situation where your request has been denied. The first step in addressing this issue is to understand your legal rights. Federal laws, such as the Family and Medical Leave Act (FMLA), provide certain protections for employees. Under the FMLA, eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons. Additionally, many states have their own regulations that may offer further protections or benefits. It's crucial to familiarize yourself with both federal and state laws to understand the full scope of your rights.

Beyond federal and state laws, your employer's policies also play a significant role. Most companies outline their sick leave policies in employee handbooks or contracts. Reviewing these documents can provide clarity on what is expected from both you and your employer. If you are unsure about any aspect of the policy, don't hesitate to reach out to your Human Resources (HR) department. They can offer insights into why your sick leave was denied and what steps you can take to rectify the situation.

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 Posted on June 20, 2023 in Employment Law

Discrimination in the workplace can be a detrimental issue that affects individuals based on their race, gender, age, religion, disability, or other protected characteristics. Identifying discrimination is crucial for fostering inclusive work environments that celebrate diversity and promote equal opportunities.

How to Recognize Discrimination

Understand the Different Forms of Discrimination:

Discrimination can manifest in various ways, including overt acts, subtle biases, and systemic barriers. Familiarize yourself with the different types of discrimination, such as racial, gender, age, religious, disability, or sexual orientation discrimination. By recognizing the range of discriminatory behaviors, you'll be better equipped to identify them in your workplace.

Pay Attention to Unequal Treatment:

Discrimination often manifests through unequal treatment of individuals based on their protected characteristics. Watch for signs of differential treatment, such as biased hiring or promotion practices, disparities in pay and benefits, exclusion from decision-making processes, or assigning less desirable tasks to specific individuals. These practices can indicate discriminatory behavior.

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 Posted on June 20, 2023 in Employment Law

Being wrongfully terminated can be a traumatic experience for anyone. It can leave you feeling helpless, angry, and unsure of what to do next. However, it's important to remember that you have legal rights and options available to you. In this blog post, we'll provide you with a comprehensive guide on what you should do if you were wrongfully terminated.

1. Understand Your Rights

The first step in dealing with wrongful termination is to understand your rights. You have the right to work in a safe and non-discriminatory environment. You also have the right to be paid for all the work you have done. If you feel that your employer has violated any of your rights, it's important to speak up.

2. Gather Evidence

If you believe that you were wrongfully terminated, it's important to gather as much evidence as possible. This can include emails, text messages, and any other documentation that supports your claim. It's also a good idea to write down any conversations that you had with your employer or coworkers leading up to your termination.

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 Posted on April 04, 2023 in Employment Law

En esta publicación del blog, revisaremos: las leyes que rigen el pago de horas extras, cómo los empleadores engañan a los trabajadores con el pago de horas extras, y qué puede hacer si su empleador está incumpliendo las leyes que regulan el pago de horas extras.

¿Qué dice la ley?

La Ley de Normas Justas de Trabajo (FLSA) regula cómo los empleadores deben pagar a los empleados. La FLSA cubre una variedad de áreas, salario mínimo, horas extras, mantenimiento de registros, y trabajo infantil. Leyes estatales y locales también pueden ser aplicables a la forma de pago de los trabajadores.

La FLSA dispone que la mayoría de los trabajadores deben recibir el pago a una y media vez por las horas trabajadas en exceso de 40 en una semana. Por ejemplo, si usted recibe el pago de $10 por una hora y trabajó 45 horas en una semana, debería recibir $10 por hora, por las primeras 40 horas y luego, $15 por hora por las restantes cinco horas.

(En Maryland, al 1 de enero de 2018, el salario mínimo es de $9.25 por hora, con incrementos automáticos si el salario mínimo federal aumenta).

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 Posted on March 21, 2023 in Employment Law

¿Está su empleador dejando de pagar horas extraordinarias, dejando de pagar el salario mínimo o los salarios imperantes o simplemente no le paga nada por algunas de las horas que trabaja? Si es así, usted es una desafortunada víctima del robo salarial y no está solo. Los empleadores a menudo utilizan trabajadores indocumentados para cometer robo salarial. Sin embargo, usted tiene la capacidad de contraatacar. Como trabajador indocumentado, usted tiene los mismos derechos que cualquier otra persona de contratar un abogado y recuperar los salarios retenidos ilegalmente.

¿Le preocupa que no puede hacer nada sobre el robo salarial debido a que es un trabajador indocumentado?

¡No debería!

Los tribunales de todo el país han dicho que los trabajadores indocumentados tienen el mismo derecho a recibir su salario legal que cualquier otro trabajador, independientemente de su situación migratoria. De hecho, muchos tribunales han ido más allá, diciendo que en una demanda legal, los empleadores ni siquiera pueden preguntar sobre el estatus migratorio de los trabajadores.

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 Posted on March 08, 2023 in Employment Law

Is your employer not paying overtime wages, failing to pay minimum wages or prevailing wages or not paying anything at all for some of the hours you work? If so, you are the unfortunate victim of wage theft and you are not alone. Employers often target undocumented workers for wage theft. But, you have the ability to fight back! As an undocumented worker, you have the same rights as anyone else to hire an attorney and recover your illegally withheld wages.

Are you concerned that you cannot do anything about wage theft because you are undocumented?

Don’t be!

Courts around the country have said that undocumented workers have the same rights to receive their lawful wages as any other worker, regardless of immigration status. In fact, many courts have even gone so far as to say that in a lawsuit, employers cannot even inquire about the worker’s immigration status.

Do you have concerns about employer retaliation?

As an undocumented worker, you might be concerned that if you make a claim for wage theft, your employer may try to intimidate you by threatening to report you to Immigration and Customs Enforcement (ICE"). If you have that concern, you should discuss it with an attorney.

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 Posted on November 13, 2020 in Employment Law

At Melehy & Associates LLC ("M&A"), we are dedicated to protecting the rights of all workers.

This is a true story, but the victim’s name was changed to protect her identity. Maria C. is undocumented, a single mother of two and sole source of income for her household. Because she needed to single-handedly support her family, she took a job on a food truck in Washington, D.C., where she worked six days per week (74 hours) and sometimes as much as 16 hours per day. But her employer stubbornly refused to pay her overtime – 1.5 times her regular hourly rate for the 34 hours of overtime she worked each week. Then, after her boss abruptly fired her without giving a reason, she had enough and contacted M&A for help. M&A immediately spotted the overtime violation and sued her former employer for the violations. As a penalty for violating her legal rights, M&A forced the employer to pay Maria four times the amount she was owed for overtime.

Maria’s story is just one more sad example of worker-exploitation. And, although employers consistently take advantage of undocumented workers, they have the same rights as anyone else to be paid in accordance with the law.

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 Posted on July 18, 2020 in Employment Law

Are you undocumented and is your employer not paying overtime or minimum wages, or failing to pay you for all of your hours? You are not alone! Unscrupulous employers often exploit undocumented workers, thinking that they can get away with it. But you have the ability to fight back! As an undocumented worker, you have the same rights as anyone else to hire a lawyer, pursue a claim in court and recover your illegally withheld wages along with penalties for wage theft.

If you are the victim of wage theft and are thinking of pursuing a claim, you should contact a lawyer who is very knowledgeable and experienced in this area of the law.

*This information on this blog is not nor is it intended be legal advice. You should consult a lawyer for individual advice regarding your particular situation.

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