Unpaid Wages, Overtime and Commissions

In Maryland, the payment of wages to employees is governed by a number of laws, including: (i) the Fair Labor Standards Act (and its state law equivalent); (ii) county law; and (iii) Maryland’s Wage Payment and Collection law.  In a nutshell, the Fair Labor Standards Act governs the payment of overtime compensation and federal minimum wage (currently $7.25 per hour).   Certain county laws, including Montgomery County,  mandate the payment of a substantially higher minimum wage ($11.50 per hour in Montgomery and PG Counties).  The Wage Payment and Collection law governs the payment of an employee’s wages and provides for up to treble (triple) damages and attorney’s fees if an employer fails to pay wages in a timely manner.

Marc’s practice includes representing employers and employees in a broad range of wage and hour matters.  Marc has successfully defended clients in litigation involving alleged unpaid compensation and has also recovered millions of dollars in unpaid wages and commissions on behalf of his individual clients.

Marc regularly provides advice to his business clients on issues relating to:

  • Classification of employees as “exempt” or “non-exempt” under the Fair Labor Standards Act;
  • Overtime compensation;
  • Minimum wage;
  • Withholding obligations;
  • Payment of wages and other compensation at the conclusion of the employment relationship;
  • Commissions, including the obligation to continue to pay commissions to employees that have been terminated.

Marc has represented numerous individuals in a wide variety of wage and hour matters.  For example, Marc represented over 30 employees of a local business who were deprived of overtime compensation and obtained triple damages for each of his clients.  In another well known Maryland case, Catapult v. Wolf, et. al., Marc obtained a favorable jury verdict on behalf of 14 employees who were deprived of their accrued vacation pay at the conclusion of their employment, a case  upheld by Maryland’s Court of Special Appeals.  A copy of the opinion can be found here.

OVer the course of his legal career, Marc has successfully handled many other cases on behalf of employees involving:

  • Unpaid wages;
  • Overtime compensation;
  • Unpaid commissions;
  • Unpaid vacation;
  • Severance pay; and
  • Unpaid bonuses.