On May 5, 2014, Governor O’Malley signed an important bill, Senate Bill 331, which, in addition to raising the minimum wage, amends the current Maryland Wage and Hour Law to allow for double damages. Now, under that law, if an employee is owed unpaid minimum wages or overtime wages, they may be able to recover double the amount of wages owed; a concept known as liquidated damages. Under the new amendment, an award of double damages will be the norm. An employer can only avoid the double damages if it can prove it acted in good faith and reasonably believed the wages paid represented the correct amount owed. Even if an employer makes such a showing, a court may, at its discretion, award an amount of damages less than double damages but more than the amount owed. Double damages are an important protection for employees. The double damages assist affected employees by addressing the harm caused by being denied part of their earned income. Furthermore, increasing the potential damages available under the statute is as a strong deterrent to employers, who could end up owing twice the wages they originally failed to pay. The Bill also removes sections that required that overtime be calculated based on 60 hour workweeks for agricultural workers and workers exempted under the FLSA, and 48 hour workweeks for employees of bowling establishments and employees at certain institutions that care for the aged, disabled or infirm. If you think you are not properly being paid or are owed overtime or the minimum wage, the attorneys at Lebau & Neuworth, LLC, can help. We are experienced in dealing with cases involving unpaid wages. For more information contact us at: http://lebauneuworth.com/ or call us at (410) 296-3030.
