WAGE AND HOUR DEMAND LETTER
State of Maryland
Maryland Wage and Hour Law / Wage Payment and Collection Law / FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Maryland ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Maryland Client Protection Fund Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Maryland and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND MD. RULE 5-408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Maryland Wage and Hour Law, Md. Code, Lab. & Empl. Section 3-401 et seq., the Maryland Wage Payment and Collection Law, Md. Code, Lab. & Empl. Section 3-501 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. MARYLAND-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Maryland has comprehensive wage and hour protections that exceed federal law, including a higher minimum wage and treble damages for violations.
Key Legal Framework:
| Category | Maryland Requirement | Citation |
|---|---|---|
| Minimum Wage (15+ employees) | $15.00/hour (2024) | Md. Code, Lab. & Empl. Section 3-413 |
| Minimum Wage (under 15 employees) | $14.00/hour (2024); $15.00 by 7/1/2024 | Md. Code, Lab. & Empl. Section 3-413 |
| Overtime | 1.5x regular rate after 40 hours/week | Md. Code, Lab. & Empl. Section 3-415 |
| Tipped Minimum | $3.63/hour (with tip credit) | Md. Code, Lab. & Empl. Section 3-419 |
| Payment Frequency | At least every 2 weeks or twice per month | Md. Code, Lab. & Empl. Section 3-502 |
Local Minimum Wages (Higher):
| Jurisdiction | Minimum Wage (2024) |
|---|---|
| Montgomery County | $16.70 (large employers) |
| Howard County | $15.00 |
| Prince George's County | $15.00 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Maryland Wage Claims | 3 years | Md. Code, Cts. & Jud. Proc. Section 5-101 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Maryland Wage Payment Requirements
Wage Payment Timing:
- Md. Code, Lab. & Empl. Section 3-502: Wages must be paid at least every 2 weeks or twice per month on regular paydays
- Md. Code, Lab. & Empl. Section 3-505: Final wages due on next regular payday
Payroll Deductions:
- Md. Code, Lab. & Empl. Section 3-503: Deductions permitted only with written authorization or as required by law
- Cannot deduct for cash shortages, inventory losses, or breakage unless proven willful or grossly negligent
- Deductions cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Maryland Department of Labor, Division of Labor and Industry
- File complaint: 1100 N. Eutaw Street, Room 607, Baltimore, MD 21201
- Phone: (410) 767-2357
- Administrative investigation and enforcement available
Private Right of Action:
- Md. Code, Lab. & Empl. Section 3-427: Private action for MWHL violations
- Md. Code, Lab. & Empl. Section 3-507.2: Private action for MWPCL violations
- Class action mechanism available
- FLSA collective action also available
E. Maryland Penalty Provisions
Maryland provides strong remedies for wage violations:
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | Md. Code, Lab. & Empl. Sections 3-427, 3-507.2 |
| Treble Damages (MWHL) | Up to 3x wages for knowing violations | Md. Code, Lab. & Empl. Section 3-427(d)(1)(ii) |
| Treble Damages (MWPCL) | 3x wages for knowing violations | Md. Code, Lab. & Empl. Section 3-507.2(b) |
| Attorney's Fees | Reasonable fees for prevailing plaintiff | Md. Code, Lab. & Empl. Sections 3-427, 3-507.2 |
| Costs | Recoverable | Md. Code, Lab. & Empl. Sections 3-427, 3-507.2 |
F. Tip Credit Rules (Maryland)
| Requirement | Standard |
|---|---|
| Cash wage minimum | $3.63/hour |
| Tip credit maximum | $11.37/hour |
| Total must equal | $15.00/hour minimum |
| Notice required | Yes |
| Tip pooling | Valid only among customarily tipped employees |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Maryland. During this employment, [Company Short Name] violated Maryland and federal wage laws by:
[ ] Failing to pay the Maryland minimum wage of $15.00 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay wages bi-weekly as required by Md. Code, Lab. & Empl. Section 3-502
[ ] Failing to pay final wages timely upon separation
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
These knowing violations entitle our client to treble damages under Maryland law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Maryland] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under Maryland Law
Maryland Wage and Hour Law Coverage:
Md. Code, Lab. & Empl. Section 3-401 et seq. applies to employers in Maryland. [Company Short Name] is a covered employer.
Maryland Wage Payment and Collection Law Coverage:
Md. Code, Lab. & Empl. Section 3-501 et seq. applies to all employers. [Company Short Name] is a covered employer.
B. Minimum Wage Violation (Md. Code, Lab. & Empl. Section 3-413)
Maryland law requires covered employers to pay employees at least $15.00 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation (Md. Code, Lab. & Empl. Section 3-415)
Maryland law requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Wage Payment Violations (Md. Code, Lab. & Empl. Sections 3-502, 3-505)
[Company Short Name] violated Maryland's Wage Payment and Collection Law by:
- [Failing to pay wages at least bi-weekly]
- [Failing to pay final wages on next regular payday]
- [Making unauthorized deductions]
E. Treble Damages
Under Md. Code, Lab. & Empl. Sections 3-427 and 3-507.2, our client is entitled to treble (three times) the amount of unpaid wages for knowing violations.
V. DAMAGES CALCULATION
A. Maryland Law Damages
Relevant Period: [Date - 3 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Treble Damages (3x wages under Maryland law) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Treble Damages | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Treble damages under Maryland law
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the District of Maryland
[ ] Maryland Circuit Court, [County]
The Complaint will seek:
1. Unpaid minimum wages under Md. Code, Lab. & Empl. Section 3-413
2. Unpaid overtime under Md. Code, Lab. & Empl. Section 3-415
3. Wage payment violations under Md. Code, Lab. & Empl. Section 3-502 et seq.
4. Treble damages under Md. Code, Lab. & Empl. Sections 3-427, 3-507.2
5. Attorney's fees and costs
6. Class certification under Maryland Rule 2-231 / FLSA collective action
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior Maryland DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Maryland Rule 5-408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Maryland CPF No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
MARYLAND-SPECIFIC PRACTICE NOTES
[ ] Higher Minimum Wage: Maryland's $15.00 minimum wage exceeds federal; some counties have higher local minimums
[ ] Treble Damages: Maryland provides treble (3x) damages for knowing violations - more favorable than FLSA's double damages
[ ] State Overtime Law: Maryland has its own overtime statute (Md. Code, Lab. & Empl. Section 3-415)
[ ] Active State Enforcement: Maryland Department of Labor actively investigates wage claims
[ ] Local Minimum Wages: Check Montgomery County, Howard County, and Prince George's County for higher rates
[ ] Federal Court: Single federal district for Maryland
- U.S. District Court for the District of Maryland (Baltimore, Greenbelt)
- Divisions: Northern (Baltimore) and Southern (Greenbelt)
[ ] State Courts: Maryland Circuit Courts in each county and Baltimore City
[ ] Maryland DOL Contact: Division of Labor and Industry
- Address: 1100 N. Eutaw Street, Room 607, Baltimore, MD 21201
- Phone: (410) 767-2357
- Website: labor.maryland.gov
[ ] Retail/Service Industries: Special overtime exemptions may apply under Md. Code, Lab. & Empl. Section 3-420
[ ] Maryland Healthy Working Families Act: Earned sick and safe leave requirements may provide additional claims