Tuesday, November 27, 2007
Thursday, September 6, 2007
Workers are divided in two classes: (1) non-exempt employees who must be paid overtime; and (2) exempt employees who are entitled to overtime.
I wrote here that a private-sector employer generally cannot grant time off in lieu of of overtime to non-exempt employees. In other words, employers usually cannot give "compensatory time" instead of overtime wages to its hourly workers.
But, what about exempt employees? The law does not prohibit or require that an employer give compensatory time to exempt employees. Employer are free to do as they wish. Some employers reward their exempt employees by awarding compensatory time off if they work more than 40 hours in a week. In such case, the employee accrues "comp time" for work.
What happens to accrued comp time at the employee's termination? In my view, it must be paid. It is no different than accrued vacation. Catapult v. Wolf, discussed many times on this blog, established that accrued vacation is no different than earned wages and must be paid out at termination. All of this flows the Maryland Wage Payment and Collection Law's definition of wages, which includes "any . . . remuneration promised for service."
Tuesday, September 4, 2007
True or False: My private-sector employer can offer me "comp time" in lieu of overtime?
- A private sector employer may offer comp time to its exempt employees, such as its executive, administrative, and professional employees.
- Public-sector employees are governed by different rules, which do allow for comp time.
Sunday, July 29, 2007
Can My Maryland Employer Withhold My Wages?
Thursday, July 26, 2007
2. Failing to pay the correct special restaurant sub-minimum wage. In Maryland it is $3.08 per hour.
3. Failing to pay employees any direct wages (and paying the employees only in tips).
4. Keeping a portion of pooled tips for "the house" (i.e., the restaurant).
5. Failing to pay overtime to "assistant managers" who otherwise do not qualify for a white collar exemption.
Wednesday, July 25, 2007
- Not for profit temporary home care services
- Not for profit concert or theater promoters
Of course, employees of non-profits may be exempt for some other reason, such as if they are exempt administrative, executive, or professional employees.