In Amaya et al. v. DGS Construction LLC et al., Maryland’s highest court has held that Maryland workers are entitled to get paid for some employer-required tasks performed before and/or after work. For example, in Amaya, the Maryland-based workers were required to park at an off-site location, take an employer-provided bus to the actual worksite, and then wait in a security line to be checked in for work.
Maryland’s highest court found in favor of workers, who said they should be paid for the time the process took. The Court has ruled that Maryland labor laws, specifically the Maryland Wage and Hour Law and Maryland Wage Payment and Collection Law, do not include an exception for before- and after-work required tasks that exists in federal law under the Portal-to-Portal amendment to the Fair Labor Standards Act, the federal law that governs minimum wages and overtime wages.
The Portal-to-Portal act provides that employers do not have to pay employees for time spent performing certain activities that are considered preliminary and postliminary to the employees’ “principal” or main job duties that they are employed to perform. Such activities can include but are not limited to traveling to and from work, waiting in parking areas, waiting in security lines, and putting on and taking off equipment such as safety gear. But now, according to Maryland’s highest court, Maryland State law does have that exception.
This is a huge win for Maryland employees because it means you may be entitled to additional wages for tasks your employer requires you to perform at the beginning and end of your work day.
If you think you may be owed additional wages for work you are required to perform before your work day begins or ends, the attorneys at Lebau & Neuworth may be able to help. For a consultation, contact us at 888-456-2529 or lebauneuworth.com/contact-us.