2020 Maryland Statutes
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 4 - Wages and Hours
Part V - Enforcement
Section 3-427 - Action Against Employer by or for Employee

    (a)    If an employer pays an employee less than the wage required under this subtitle, the employee may bring an action against the employer to recover:

        (1)    the difference between the wage paid to the employee and the wage required under this subtitle;

        (2)    an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and

        (3)    counsel fees and other costs.

    (b)    On the written request of an employee who is entitled to bring an action under this section, the Commissioner may:

        (1)    take an assignment of the claim in trust for the employee;

        (2)    ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

        (3)    consolidate 2 or more claims against an employer.

    (c)    The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section.

    (d)    (1)    If a court determines that an employee is entitled to recovery in an action under this section, the court shall award to the employee:

            (i)    the difference between the wage paid to the employee and the wage required under this subtitle;

            (ii)    except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and

            (iii)    reasonable counsel fees and other costs.

        (2)    If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the employee were not less than the wage required under this subtitle, the court shall:

            (i)    determine that liquidated damages should not be awarded; or

            (ii)    award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.