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  • OT Pay Maryland

    An employee of ours was not paid for his overtime pay for this pay period - the payroll clerk took it off of his time sheet as she thought he did not work the time. He is now demanding that he get paid for it before the next pay. If I am correct I believe that there is a law that states that an employee must be paid for his/her overtime within a certain period of time. Is that correct and if so can you tell me where I can find that law? Thanks.

  • #2
    Errors do not count. You are fine to pay it on the next check. I'm in Maryland as well.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Great. Thanks. Just out of curiosity - there is a law correct? It is just not for errors?

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      • #4
        An employer must pay employees at least twice per month on regularly scheduled
        paydays. An employer may pay administrative, executive and professional employees less
        frequently than twice per month. If the regular payday falls on a non-work day, the employer
        must pay employees on the preceding work day. Maryland Wage Payment Law 3-502

        As Elle said, errors do not count. You can pay the OT on the next check.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Great. Thanks for your help.

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          • #6
            A general rule of thumb is that you have to pay all normal predictable wages when due. Say 50 years ago it was not physcially possible to quickly alter wage payments. 50 years ago all payroll was "current", basically a best guess followed by a correction in the next scheduled payroll. State law allowed for this. It was (and is) very common for state law to allow unpredictable corrections such as overtime to be paid on the next payroll. HOWEVER, most states do not consider this to be a rule that employers can use to avoid paying normal predictable wages when due.

            Also, not the question, but federal law (FLSA) requires wages to be paid "when due", but leaves the defintion of "when due" up each state.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              You're ok here though paying it on the next check since it was an OT "error" & Elle is also in the state of Md.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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