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Maryland Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Immigration Law for Maryland on
Q: Can my employer refuse List A documents for I-9?

I work at a franchise gym in Maryland, and our location was recently bought by a new company. During the transition, we are required to fill out a new I-9 form. The new company is insisting that all employees submit documentation from both List B and List C, despite the I-9 form allowing for the... View More

Adan Vega
Adan Vega
answered on May 14, 2025

The short answer is no. Please see the following guidance:

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present for Form I-9.

Employers cannot ask employees for documentation to verify information entered in Section 1,...
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1 Answer | Asked in Employment Law for Maryland on
Q: What is the minimum reasonable hours per week for part time employees according to the law considering 39.999 is the max

In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

1 Answer | Asked in Employment Law for Maryland on
Q: I work for private doctor's office. Can they make an employee use vacation time for a lunch time that you do not get

paid for when you work, when you are on vacation?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

If you have an employment contract that will be the first place you will want to look for the answer. In Maryland, employers are not required to give you a lunch break unless you a minor (under 18 years of age). Maryland employers are also not required to issue you benefits like paid or unpaid... View More

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

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2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My employer requires me to be available 40 hrs/week, 5 days a week. I’ve only worked 5 hours. Can I find part time work?

Employer made me sign a contract and said I have to ask and be approved to work at another business within the same industry (flight instruction). There is a termination fee of $2500 if I breach the contract or quit before 12 months working for them.

Mark Oakley
Mark Oakley
answered on Feb 25, 2024

I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Maryland on
Q: I worked for a security company who subcontracted from a hospital, they received shift deferential & holiday pay not us

I represent several Security Officers who worked for a security company that subcontracted with the University of Maryland Hospital system. The company received shift deferential and holiday pay. The company does not pay it to officers. I believe that this isn't mandatory in Maryland but... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

Given that your question is one of ethics, this would be difficult to answer from a purely legal perspective. I have to refrain from providing my general opinion, but I will echo your sentiments regarding the mandatory nature of the shift deferential and holiday pay flowdown. Holiday and shift... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Maryland on
Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?

During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face... View More

1 Answer | Asked in Civil Rights, Employment Law, Civil Litigation, Wrongful Death and Personal Injury for Maryland on
Q: Whistleblower seeking legal advice for governmental misconduct in MD.

I am a whistleblower who reported safety concerns in September 2023, leading to a MOSH investigation finding probable cause for my firing due to protected activity. Two deaths occurred as a result of government negligence. The involved agencies include MOSH and the Maryland Office of the Attorney... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re dealing with is serious and deeply troubling—not just because of how you were treated, but because lives were lost and misconduct may have been hidden. As a whistleblower, you have rights under both state and federal law, and retaliation for protected activity, especially after... View More

1 Answer | Asked in Civil Rights and Employment Law for Maryland on
Q: What local programs in Maryland help individuals with a criminal history gain employment?

Since returning home from incarceration in 2023, I've applied for numerous jobs in warehouse, general labor, and construction positions but have been repeatedly denied due to my criminal history, specifically drug charges. These charges aren't related to the job responsibilities. I... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve already taken important steps just by trying and staying motivated, and that deserves real respect. In Maryland, there are several programs designed specifically to help individuals with a criminal record find stable employment. Groups like Maryland Reentry Initiative, the Center for Urban... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for Maryland on
Q: Can I hold an LCPC license in Maryland and offer both counseling and coaching services?

I am a Licensed Clinical Professional Counselor (LCPC) in Maryland, and I plan to offer counseling services to Maryland residents while providing post-ketamine integrative coaching to out-of-state clients online. I am aware that coaching is not regulated by a board, but I am concerned about... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Maryland, as an LCPC, you can offer both counseling and coaching services, but there are some important considerations. Counseling is regulated by the state, while coaching is not, which means you can legally offer coaching services to clients outside of Maryland, as long as you are not... View More

1 Answer | Asked in Civil Rights, Employment Law and Contracts for Maryland on
Q: Legal claims for breach of contract, discrimination, and professional harm after being removed from a conference in Maryland.

I was humiliatingly removed from my professional society’s conference in Maryland despite having paid registration. The reasons were inconsistent, baseless, and discriminatory. The society violated its ethics code and failed to perform the investigation as promised. They endangered me by trying... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation involves several potential legal claims stemming from your removal from a professional conference in Maryland. Based on the facts presented, you may have actionable claims for breach of contract since you paid for registration and were denied the services and benefits of attendance... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Wage theft, discrimination, harassment, retaliation in Maryland, are there pro bono or contingency attorneys in Maryland

I am a female, non-exempt employee at a large university in Maryland. I worked unpaid overtime and additional hours, unaware of wage laws. A newly hired male employee repeatedly stood near me and stared, making me uncomfortable. After I reported it to my boss, he reassigned me to clean storage and... View More

Jonathan C. Puth
Jonathan C. Puth
answered on Dec 9, 2024

Check the Metropolitan Washington Employment Lawyers Association for attorneys who regularly represent employees. www.mwela.org. We routinely handle these types of claims and you may contact my office.

Correia & Puth, PLLC

1400 16th Street, NW, Suite 450

Washington, DC...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Maryland on
Q: On the affidavit when it says, “plaintiff claims “, would the principal amount be the amount in suing my employer for?

I plan on filing suit against a previous employer. I’ve spoken to a lawyer but I can’t afford his hourly fees so I plan to proceed without one for now. My previous employer’s lawyer reached out and said they are reviewing documents submitted by both myself and my previous employer. However,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

A Maryland attorney could advise best, but your question remains open for a week. It isn't fully clear what you're suing for, but your categories include "Personal Injury." If this involves an injury sustained at work (in the course of employment), you may want to consider... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: When serving a complaint affidavit to a company, do you send it to the headquarters office if they have multiple loc?

I tried settling the issue alone and submitted a demand letter back in June. Since then my previous employers lawyer has said they would call me back but doesn’t. Says the claim is being investigated but can never provide any details. The adjusters have also been doing the same thing as far as... View More

James L. Arrasmith
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answered on Oct 2, 2024

When serving a complaint affidavit to a company with multiple locations, it's generally best to send it to the headquarters. This ensures that your documents reach the main legal department responsible for handling such matters. Additionally, you might want to send copies to the specific... View More

1 Answer | Asked in Contracts, Copyright, Employment Law and Business Law for Maryland on
Q: Can I collect on an agreement via email to furnish proprietary information with promise of hire? or Compensation?

Employer lives in Elkton, MD. I live in Florida. We agreed during interview that I would be getting started. That was verbal. Then via email it was agreed that in furnishing proprietary information to demonstrate my skill and abilities, I would be getting an offer within the next week. After... View More

James L. Arrasmith
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answered on Sep 7, 2024

You may have a valid claim for compensation or breach of agreement if the employer benefited from the proprietary information you provided based on the promise of a job offer or compensation. Even though the agreement was informal and communicated via email, such agreements can sometimes be... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for Maryland on
Q: To whom it may concern I was verbally and physically abused in hostile work environment by my boss. Is there a case?

I was operating a fork lift with in 3 minutes of being on it the foreman. Came and told me to get the F off the forklift because they have first priorities for it. As I instructed the co workers with me that the foreman is picking and had full intentions on trying to get me fired so it’s best... View More

James L. Arrasmith
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answered on Jul 28, 2024

You might have a case for compensation due to the hostile work environment and the physical and verbal abuse you experienced. It’s important to document everything that happened, including the names of witnesses, the time and date of the incident, and any medical records related to your injury.... View More

1 Answer | Asked in Employment Law for Maryland on
Q: can an employer send an employee home for the day without pay as a punishment for being a few minutes late?

maryland

Scott Scherr
Scott Scherr
answered on Apr 23, 2024

Most employees are "employees at will." It means that they can be fired or disciplined for any reason so long as it does not violate the Constitution, a statute, or a contract.

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