ATTORNEY ADVERTISING | Paul M. Botros, Esq. | Licensed in Texas and Florida

Maryland Overtime Laws

Maryland has a higher minimum wage than federal law and specific overtime protections for workers. With Montgomery County paying $17.65/hour and the state minimum at $15.00, Maryland workers often recover more than federal law alone would provide. Maryland also provides broader compensable time protections than federal law—the state has not incorporated the federal Portal-to-Portal Act exclusions (Amaya v. DGS Construction, 2022).

⚠️ Don't Wait - Time Limits Apply to Wage Claims
Every day matters. Contact us to determine your specific deadline.
Thousands
of Workers Helped
Millions
in Wages Recovered
Nationwide
Federal Court Cases
15+ Years
Employment Law Focus
Calculate Your Maryland Overtime
Get Free Case Review 📞 Call (877) 466-WEDO

No fees unless we win. We only get paid when you do.

💰
Millions Recovered
For Unpaid Workers
⚖️
No Win, No Fee
Zero Upfront Costs
⭐
Top Rated
Employment Attorney
🇺🇸
Nationwide
Network of Counsel

Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Maryland vs. Federal Overtime Laws

🔑 Key Fact: Maryland Has Higher Wages and Local Variations

Maryland's minimum wage is more than double the federal rate, and Montgomery County has even higher local rates. Maryland also has some specific exemptions for certain industries that differ from federal law. When state and federal laws differ, the law providing greater worker protection applies.

Provision Maryland Law Federal FLSA Which Applies?
State Minimum Wage $15.00/hr (2026) $7.25/hr Maryland (2x higher)
Montgomery County Wage $17.65/hr (2026) $7.25/hr Montgomery County (2.4x higher!)
Tipped Minimum Wage $3.63/hr $2.13/hr Maryland (70% higher)
Overtime Threshold 40 hours/week 40 hours/week Same (1.5x after 40 hrs)
Retail Exemption Limited (retail employees covered) Section 7(i) exemption exists Maryland protects more workers
Statute of Limitations 3 years 2-3 years Similar (both available)
Exempt Salary Threshold Follows federal ($684/week) $684/week ($35,568/year) Same (federal threshold)
Portal-to-Portal (Compensable Time) Broader than federal (COMAR 09.12.41.10) Integral & indispensable test Maryland (per Amaya v. DGS, 2022)

Common Wage Violations in Maryland

⏰ Off-the-Clock Work

MD Labor & Employment Code § 3-415

Any time you spend working must be paid. Common Maryland violations include:

  • Pre-shift meetings, security checks, equipment retrieval
  • Post-shift cleanup, paperwork, closing procedures
  • Working through meal breaks
  • Remote work—emails, calls, texts after hours

Federal contractors and government workers in the DC/Baltimore corridor frequently have off-the-clock claims.

🏷️ Misclassification as "Exempt"

COMAR 09.12.41.16

Being paid a salary does NOT automatically make you exempt from overtime. You must:

  • Earn at least $684/week ($35,568/year)
  • Perform genuine executive, administrative, or professional duties
  • Exercise discretion and independent judgment

Many non-profit workers, government contractors, and "analysts" in the DC metro area are misclassified.

🚶 Portal-to-Portal Violations

COMAR 09.12.41.10 (Maryland broader than federal)

Maryland has NOT incorporated the federal Portal-to-Portal Act (Amaya v. DGS Construction, 2022). Under COMAR 09.12.41.10, all time you are required to be on premises, on duty, or at a prescribed workplace is compensable:

  • Donning and doffing protective equipment, scrubs, uniforms
  • Security screenings and bag checks at employer facilities
  • Waiting and travel time at employer-designated locations (e.g., remote parking shuttles)
  • Walking time from changing areas or parking to your workstation

Maryland's standard often entitles workers to pay for time that federal law alone might not cover.

💵 Minimum Wage Violations (Local Rates)

MD Labor & Employment Code § 3-413; Montgomery County Code § 11B-33A

Maryland has multiple minimum wage rates:

  • State: $15.00/hr (2026)
  • Montgomery County: $17.65/hr (2026)
  • Tipped employees: $3.63/hr statewide

Workers near DC may be entitled to Montgomery County's higher rate—check your work location.

🍽️ Tip Credit Violations

MD Labor & Employment Code § 3-419

Maryland allows a tip credit (tipped wage = $3.63/hr). Violations include:

  • Requiring excessive "side work" at tipped rate
  • Managers or back-of-house in tip pools
  • Not making up difference if tips fall short
  • Deductions for uniforms, walkouts, breakage

Restaurant workers in Baltimore, DC suburbs, and Ocean City frequently have tip credit claims.

🏥 Healthcare Industry Violations

FLSA + MD Labor & Employment Code

Maryland's large healthcare sector has specific violation patterns:

  • Automatic meal deductions while working through breaks
  • On-call time restrictions near facility
  • Shift handoff/report time unpaid
  • Training and mandatory meetings off-the-clock

Johns Hopkins, MedStar, and other major systems have faced class actions over these issues.

Industries with High Wage Violations in Maryland

🏥 Healthcare

Major hospital systems and healthcare employers:

  • Nurses & CNAs: Automatic meal deductions despite working through
  • Shift handoffs: Report time with incoming staff unpaid
  • PPE time: Gowning for isolation patients unpaid
  • On-call: Required to stay near facility

🏛️ Federal Contractors

DC metro area contractor workforce:

  • Security clearance work: Extra screening time unpaid
  • Analysts misclassification: "Professional" title without exempt duties
  • Boot-up time: Starting computers, loading systems
  • Mandatory training: Sessions scheduled off-the-clock

🚚 Warehouse & Logistics

Baltimore port and distribution centers:

  • Security screening: Bag checks after clock-out
  • Donning PPE: Safety gear time unpaid
  • Walking time: Large facilities = unpaid travel inside
  • Productivity bonuses: Not included in OT rate

🍽️ Restaurant & Hospitality

Baltimore, DC suburbs, Ocean City:

  • Tip pooling: Illegal sharing with managers or kitchen
  • Side work: Excessive non-tipped duties at tipped rate
  • Montgomery County: Not paying $17.65/hr
  • Ocean City seasonal: Summer workers shortchanged

🏗️ Construction

Commercial and residential building:

  • Travel time: Driving to job sites in company trucks
  • Prevailing wage: State/federal projects underpaying
  • 1099 misclassification: Workers should be employees
  • Tool time: Loading/unloading equipment unpaid

🛒 Retail

Malls and retail centers:

  • Bag checks: Security screenings after clock-out
  • Opening/closing: Setup and breakdown unpaid
  • Assistant managers: Misclassified without authority
  • Commission workers: Base pay below minimum

What You Can Recover Under Maryland Law

💰 Unpaid Wages (3-Year Lookback)

Under Maryland law (MD Labor & Employment Code § 3-427), you can recover all unpaid wages—including overtime at 1.5x your regular rate—for up to 3 years. This includes minimum wage shortfalls, which are calculated at Maryland or local rates (Montgomery County $17.65), not the federal $7.25.

⚡ Treble Damages Under MWPCL (Up to 3x)

Under the Maryland Wage Payment and Collection Law (MWPCL), if your employer withholds wages not as a result of a bona fide dispute, you may recover up to three times your unpaid wages. The Maryland Supreme Court in Peters v. Early Healthcare Giver confirmed that overtime wages are recoverable under MWPCL—so treble damages apply to OT underpayments, not just straight time.

📅 Montgomery County Premium

If you work in Montgomery County, your minimum wage claims are based on the $17.65/hr rate—more than $10/hr above federal minimum. This dramatically increases the value of minimum wage and off-the-clock claims for MoCo workers.

📋 Attorney's Fees & Costs

Under Maryland law, if you prevail in a wage and hour case, the court must award reasonable attorney's fees. Your employer pays your lawyer's fees separately—they are not deducted from your recovery. This makes it financially viable to pursue wage claims.

Example: Montgomery County worker paid $15/hr instead of $17.65/hr

$2.65/hr × 40 hrs × 50 weeks × 3 years = $15,900 in unpaid minimum wage

Plus potential treble damages and any unpaid overtime

Why Maryland Law Provides Stronger Protections

Maryland's higher minimum wage and local wage ordinances provide significantly more protection than federal law. Combined with potential treble damages and the strong legal community in the DC metro area, Maryland workers have excellent options for wage recovery.

💰
$15.00 State Minimum
Maryland's minimum wage is more than double the federal $7.25. Every unpaid hour is worth significantly more in Maryland.
🏛️
Montgomery County $17.65
MoCo workers earn one of the highest local minimum wages in the nation—2.4x the federal rate.
💵
$3.63 Tipped Minimum
Maryland's tipped minimum is 70% higher than federal ($2.13), with a smaller tip credit allowed.
⚖️
Treble Damages Available
Willful violations can result in up to 3x your unpaid wages, providing a strong incentive for employers to comply.
📅
3-Year Lookback
Maryland state claims allow recovery for up to 3 years—matching the willful violation period under federal FLSA.
🏥
Strong Healthcare Coverage
Maryland's large healthcare sector means many wage cases involve CNAs, nurses, and techs—well-established case law protects these workers.

Nationwide Maryland Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help Maryland workers recover unpaid wages through our network of experienced Maryland employment attorneys. We partner with skilled local counsel who understand Maryland wage law, Montgomery County ordinances, and federal contractor regulations.

🦀
Maryland
Local Wage Law Experts
⚖️
Local Counsel
Baltimore/DC Court Advantage
💰
No Fees
Unless We Win

Frequently Asked Questions

What is the minimum wage in Maryland for 2026?

As of 2026, Maryland's statewide minimum wage is $15.00 per hour. Montgomery County has a higher local minimum of $17.65 per hour for large employers (51+)—one of the highest in the nation. Tipped employees must receive at least $3.63 per hour in direct wages, with the employer making up any difference if tips don't bring them to full minimum wage. If you work in Montgomery County, you're entitled to the higher local rate.

Does Montgomery County have different overtime rules?

Montgomery County follows the same overtime rules as the rest of Maryland and federal FLSA—you're entitled to 1.5x your regular rate for all hours over 40 in a workweek. However, because Montgomery County's minimum wage is $17.65/hr, your overtime rate is calculated on this higher base. This means Montgomery County workers earn approximately $26.48/hr for overtime (versus only $10.88 federally at $7.25). If you work in MoCo and aren't being paid the correct rate, you may have a significant wage claim.

How far back can I recover unpaid wages in Maryland?

Under Maryland law (MD Labor & Employment Code § 3-427), you can recover unpaid wages going back 3 years from the date of filing. This matches the federal FLSA period for willful violations. For combined state and federal claims, you can typically recover at least 2-3 years of back pay. The longer lookback period, combined with Maryland's higher minimum wage, often results in substantially larger recoveries than federal claims alone.

Am I entitled to overtime if I'm paid a salary in Maryland?

Yes, in most cases. Being paid a salary does not automatically make you exempt from overtime under Maryland or federal law. To be properly classified as exempt, you must: (1) be paid at least $684 per week ($35,568/year), AND (2) perform genuine executive, administrative, or professional duties as your primary job function. Many workers in the DC metro area with titles like "analyst," "coordinator," or "specialist" are misclassified. If your actual duties don't involve high-level discretion and independent judgment, you may be owed overtime for all hours over 40.

What are the rules for tipped employees in Maryland?

Under Maryland law, tipped employees must receive at least $3.63 per hour in direct wages—70% higher than the federal $2.13. The maximum tip credit in Maryland is $11.37/hr ($15.00 - $3.63). Common violations include: (1) requiring excessive "side work" (non-tipped duties) at the tipped rate, (2) including managers or back-of-house staff in tip pools, (3) not making up the difference when tips fall short of minimum wage, and (4) making illegal deductions for uniforms, walkouts, or breakage. Restaurant workers in Baltimore, the DC suburbs, and Ocean City frequently have tip credit claims.

What is portal-to-portal time and is it paid in Maryland?

Portal-to-portal time refers to time spent on work-related activities before and after your core job duties. Maryland has NOT incorporated the federal Portal-to-Portal Act (Amaya v. DGS Construction, LLC, 2022). Under COMAR 09.12.41.10, Maryland uses a broader standard: you must be paid for ALL time you are required to be (1) on the employer's premises, (2) on duty, or (3) at a prescribed workplace. This includes: donning and doffing required uniforms, scrubs, or protective equipment; security screenings and bag checks at employer facilities; walking time from parking areas or changing rooms to your workstation; waiting time at employer-designated locations (e.g., remote parking shuttles); and boot-up time for computers and equipment. Maryland's standard often entitles workers to pay for time that federal law alone might not cover.

What damages can I recover in a Maryland wage claim?

Under Maryland law, you can recover: (1) all unpaid wages including overtime at 1.5x your regular rate, going back up to 3 years; (2) treble damages (up to 3x) for willful violations under state law; (3) 100% liquidated damages under federal FLSA (doubling your federal claim); (4) reasonable attorney's fees paid by your employer. Between state and federal claims, Maryland workers often have multiple avenues for damages, making wage claims particularly valuable in this state.

What industries have the most wage violations in Maryland?

In Maryland, industries with high rates of wage violations include: Healthcare (major hospital systems—automatic meal deductions, shift handoffs, PPE time); Federal Contractors (DC metro area—security screening, analyst misclassification, boot-up time); Warehouse/Logistics (Baltimore port—bag checks, donning PPE, walking time); Restaurants (Baltimore, DC suburbs, Ocean City—tip credit violations, side work); Construction (travel time, prevailing wage, 1099 misclassification); and Retail (bag checks, assistant manager misclassification).

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

By submitting this form, you agree to be contacted regarding your case. We respect your privacy.