Asked in Employment Law for Maryland

Q: I work for a psych practice in Maryland. As an admin staff. Can my employer withhold pay due to me flexing coverage?

There was a clerical error between myself and another admin staff. I was supposed to be covering emails on Monday and was not aware of it until Tuesday. On Tuesday however I worked through the emails from Monday for 3 hrs. We are paid per 8hr work day & I added it to my time sheet. My employer has now decided to withhold pay for those 3 hours, citing the COMAR regulations. That because that was meant for Monday, I can’t get paid for doing it on Tuesday. Mind you; I work part time and remote, so my hours are not (and have never been) super structured. If I wanted to work 16 hours in the week & split it between 5 days or 2 days - I can.

So I really don’t understand the problem with my doing the work on Tuesday instead of Monday - she says I am not allowed to flex my coverage? I have searched through the COMAR database, and cannot find anything to back up my boss’ statements. Please help - is she allowed to not pay me for the hrs worked on Tuesday?

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1 Lawyer Answer
Douglas Phillips
Douglas Phillips
Answered
  • Churchville, MD
  • Licensed in Maryland

A: You must always be paid for hours worked, so long as the employer permitted the work or you had a reasonable expectation (based on policy or lack of an opposite policy). You should ask for a more definite statement of what company policy or MD law you supposedly violated.

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