James Edward Rubin's Answers

What are my legal options?

Ms. McGill is correct. Employees must be paid for their work in Maryland. Employees who qualify for overtime must be paid overtime. You should consult a Maryland attorney to examine your claim in further detail. Assuming your case has merit, you can file suit, file with the appropriate administrative agency, or seek a settlement from your employer. See the attached link for more information on Maryland's wage laws and for my contact information.

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Employment/Labor

It may not be. In Maryland an employer needs written authorization to withhold earned wages. If your employer is taking the money out of your paycheck, it may violate the law. Also, an employer cannot reduce an employee's wage to below the minimum wage.

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I was fired in November, I filed for unemployment benefits in Maryland. After investigation, I won benefits.

I agree with the above answer. You should at least consult with a Maryland Employment lawyer. The fee a lawyer can charge for a hearing is regulated (and limited) by statute. A fee of 200% of your weekly benefit rate is permitted and an attorney can petition for more.

Do i need legal advice before signing an employment contract

Yes. The small amount of money you will pay for a legal review to understand your rights will go a long way to a avoiding costly litigation down the road. Maryland and D.C. law on such agreements can be peculiar and counter-intuitive. Employers often insert punitive provisions in agreements. At the very least you should get some professional advice to understand what you are signing.

Company is closing its doors in Maryland. I am being laid off. I will receive a small severance. Can I collect unemployment?

The 2009 General Assembly enacted several changes to Maryland's unemployment law. As a result, all severance pay is disqualifying. Eliminating what many thought was a loophole all severance and dismissal payments are now deductible from unemployment insurance benefits. See http://mdemploymentlaw.blogspot.com/2009/06/important-changes-to-maryland.html

Can all employees be exempt?

An individual is exempt from receiving overtime only if the individual meets the legal definition for an exemption. Most exemptions turn on the employee's actual job duties (and, as such, changing his or her job description and salary would not make a difference since its the actual job duties that matter). The FLSA and its DC and MD law equivalents contain many exemptions. Your best bet is to contact a local labor lawyer to advise you whether your employees are actually exempt.

I signed a 24 month contract with my employer. If I wish to end the contract, what actions can be taken?

I agree with Mr. Haber. You should bring the contract (and any related documents) to a Maryland employment attorney for review. Although you cannot be ordered to work for this employer, it could sue you to pay for the costs of replacing you.

When on salary is any law broken when a person works 90-96 hrs a week.

Whether you are entiteld to overtime depends on your job duties and whether they meet the test to qualify for an exemption. The United States Department of Labor's webstie has detailed regulations on whether you qualify for overtime. Start here: http://www.dol.gov/esa/WHD/regs/compliance/fairpay/ In Maryland, if you work, you must be paid for your work. You can file a claim with the Maryland Department of Labor. See this link for details: http://www.dllr.state.md.us/labor/essclaimform.shtml

Im being forced to transfer stores and taking a paycut due to it

There is no law in Maryland specifically prohibits a forced transfer or forced paycut. Maryland employers may not discriminate against employee because of a protected characteristic, i.e., because of their age, race, sex, gender, national origin, religion, disability (among others). Also, employers also must generally give one pay day's notice of a change in pay. If you are covered by a contract (or a union agreement) you may have additional rights under that contract.

Is there anything I can do?

Provided the log is not proprietary to the company, you should keep a copy of it as proof that your performance is acceptable. You should otherwise think of ways to document that your performance is acceptable. That way it is not your word against your supervisor's. If you believe you are being discriminated against because you are a member of a protected group (i.e., because of your age, race, gender, national origin, etc.) you should file a claim with a civil rights enforcement agency....