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Employment Law

Under Maryland law if an employer fails to pay an employee, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages.

If, in an action, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.

Labor and Employment Article of the Maryland Code Annotated, Section 3-507.1.


Commercial Lease

Maryland law provides that if the effect of any provision of a lease is to indemnify, hold harmless, or exonerate the landlord from any liability to the tenant, or to any other person, for any injury, loss, damage, or liability arising from any omission, fault, negligence, or other misconduct of the landlord on or about the leased premises or any elevators, stairways, hallways, or other appurtenances used in connection with them, and not within the exclusive control of the tenant, the provision is considered to be against public policy and void.

Section 8-105 of the Real Property Article of the Maryland Annotated Code.

Wills & Estate Planning

A person who dies without a Will is considered to have died intestate.  In Maryland a spouse who dies intestate leaves his or her assets pursuant to the laws of intestate succession.

If there is a surviving minor child, the surviving spouse’s share is one-half.

If there is no surviving minor child, but there is surviving issue, the spouse’s share is equal to the first $15,000 plus one-half of the residue.

If there is no surviving issue but a surviving parent, the surviving spouses share is equal to $15,000 plus one-half of the residue.

If there is no surviving issue or parent, the surviving spouse’s share is the whole estate.

§ 3-102 of Estates and Trusts Article of Maryland Annotated Code

Home Improvement Contractor

In Maryland a person may not act or offer to act as a home improvement contractor unless the person has a contractor license.  A person may also not sell or offer to sell a home improvement unless the person has a contractor license or salesperson license.

A person who violates this requirement is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both and, on a second or subsequent conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

§ 8-601, et, al.  of Business Regulation Article of Maryland Annotated Code Acting as contractor or subcontractor or selling a home improvement without license.

Wholesale Sales Representative

Each principal shall pay to a sales representative all commissions that are due under a contract that is terminated, within 45 days after payment would have been due if the contract had not terminated.   If a principal violates the foregoing, a sales representative may be entitled to bring an action against the principal to recover up to 3 times the amount of all commissions that the principal owes to the sales representative.

Labor and Employment Article of the Maryland Code Annotated, Section 3-604 et seq.

Employment Law

Under the Maryland Flexible Leave Act, employers with 15 or more employees who provide paid leave must permit their employees to use any type of accrued leave they have available to take time off to care for a member of their immediately family (including a child, parent or spouse) who is sick.   Labor and Employment Article of the Maryland Code Annotated, Section 3-801 et seq.

Employment Law

Individual business owners, officers, and managers can be held personally liable for unpaid wages under the Fair Labor Standards Act.  See Boucher v. Shaw, No. 05-15454 (9th Circ. July 27, 2009) and 29 U.S.C. §203(d) (definition of employer).

About "Did You Know?"

On this page, you will find tidbits of law that we believe are interesting and may be useful for our clients to know.


The information contained on this page is for informational purposes only, and does not constitute legal advice. An attorney-client relationship does not exist from use of this site.

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