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Can I sue my employer for not paying me minimum wage?

Laplata, MD |

I currently work as a delivery driver and I only work for 2.00 an hour plus tips and it is very rare getting tips, especially when no calls are coming in for the business.

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Attorney answers 5

Best Answer

Federal minimum wage is $7.25/hour. No worker can receive $2.00/hour.

Delivery driver cases have special rules that no one of the prior posts take into account. There may be exemptions from overtime. There may also be a minimum wage exemption for delivery drivers under limited circumstances.

I have handled quite a few of these cases, and I would be happy to discuss this matter with you on a no-fee basis. If I accept this sort of case, I do not take a contingency fee from you but rather my fees are paid by the employer as a form of the damages owed to you. This benefits workers by allowing them to keep their recovered wages.

Howard B. Hoffman
(301) 251-3752


Both Maryland and Federal law have a tipped employee minimum wage rate which is higher than $2 per hour. Under the Federal law, the minimum wage for tipped employees is $3.63. So if your employer is paying you below this amount, the employer may be in violation of the law which might entitle you to recover all of your unpaid wages. In addition, if you are not receiving tips which bring your hourly earnings up to at least $7.25 per hour, that may be another problem for the employer.

You are welcome to contact my law firm for a free consultation to discuss the situation in greater detail and see what we might be able to do to assist in getting you the wages you are owed.


Judd G. Millman
Luchansky Law

The answer/response provided above is based solely on the extremely limited facts provided by the person posing the question, and the advice given or proper course of action recommended might change significantly with the introduction of other facts. Accordingly, the above answer/response is for informational purposes only and does not constitute legal advice and all who read it should not rely on the answer as legal advice or allow it to govern their conduct. The answer should not be construed as creating any type of attorney-client relationship. Attorney-client relationships can only be formed through the mutual execution of an attorney-client agreement. You are highly encouraged to arrange a meeting with competent legal counsel in order to disclose and discuss all relevant facts surrounding your situation. This answer is intended for Maryland or Texas residents only. The answering party is only licensed to practice in the States of Maryland and Texas.




Yes. This appears to be unlawful.

You have stated that you received cash wages at the rate of $2.00 per hour. Federal and Maryland law allow employers to pay certain employees according to a "tip credit" minimum wage rate. For a Maryland employer to use the tip credit (and avoid the default requirement that employees be paid at the Maryland Minimum Wage, $7.25 per hour), the employee receiving “tip credit” wages must (1) be engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips; (2) has been informed by the employer about the provisions of [the “tip credit” requirements]; and (3) has kept all of the tips that the employee received. Under Maryland law, the “tip credit” amount the employer may take against cash wages paid to the employee may not exceed 50% of the Maryland Minimum Wage. Thus, at all times, your employer must have paid cash wages to you and others at a rate at least equal to $3.63 per hour ($7.25 / 2 = $3.63 per hour).

If you would like to discuss this matter further, please contact me.

Gregg C. Greenberg
The Zipin Law Firm, LLC
836 Bonifant Street
Silver Spring, Maryland 20910
Phone: 301-587-9373


Call an attorney right away. I'm happy to chat. Initial consult is free. Employer is paying below minimum. I'm going to bet there are other issues too.

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