Silver Spring, MD asked in Employment Law for Maryland

Q: I am 14 years old. Work at a tutoring place in Maryland. I make 9 an hour (which is less than the state minimum wage)

And everyone else at my job who is around my age and around the same amount of time I’ve worked there make 9.55 (which is above minimum wage). I asked my manager and she said it’s fireable to talk about wages. I looked it up and she was wrong. But she doesn’t want to give me 9.55 like everyone else. What should I do?

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2 Lawyer Answers
Jonathan C. Puth
Jonathan C. Puth
Answered
  • Washington, DC
  • Licensed in Maryland

A: Your employer may not be required to pay you minimum wage because of your age and the nature of the work. The state Department of Labor that administers the minimum wage indicates that workers under 16 working less than 20 hours a week. https://www.dllr.state.md.us/labor/wages/wagehrfacts.shtml

It is illegal to pay employees differently by gender, so if the other employees getting paid differently are of a different gender or gender identity that would be illegal if you are doing equal work. https://www.dllr.state.md.us/forms/equalpay.pdf

Importantly, that same law makes it illegal for your employer to take action against you, like firing, because you discussed wages with other employees. To make that a fireable offense is illegal under Maryland law. https://www.dllr.state.md.us/labor/wages/wagehrfacts.shtml

Jonathan C. Puth
Jonathan C. Puth
Answered
  • Washington, DC
  • Licensed in Maryland

A: To be more clear, the employer may pay less than minimum wage to employees under 16 working less than 20 hours a week.

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