Maryland wage claims: how to get your unpaid pay

How to file a wage claim in Maryland

1. Gather your records

   Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

2. Ask in writing first (optional)

   A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

3. File with Maryland Department of Labor

   First ask your employer for the money; the state suggests a certified letter with return receipt listing what you are owed and giving a deadline (for example 10 days). If you are not paid, download the free Wage Claim Form (English or Spanish), sign it, and mail or e-mail it to ESS in Hunt Valley with a copy of your letter, or call 410-767-2357 to have a form mailed to you. ESS investigates, tries to collect the money, and may take the employer to court if it does not settle. Instead of an ESS claim you can file your own lawsuit (you choose one option).

4. Watch the deadline

   3 years to file a civil lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). You can sue under the Wage Payment law once wages are 2 weeks late (Md. Code, Lab. & Empl. § 3-507.2(a)). Federal FLSA claims: 2 years, or 3 if willful.

Minimum wage and overtime in Maryland

Maryland's minimum wage is $15.00 an hour for most workers, for employers of every size (since January 1, 2024). Workers under 18 may be paid 85% of the state rate. Some counties are higher as of July 1, 2026: Montgomery County $18.00 (51+ employees), $16.50 (11-50) and $15.95 (10 or fewer); Howard County $16.00; Prince George's County $15.30. No statewide increase is scheduled in the law.

Minimum wage (2026)

$15.00

Tipped cash wage

$3.63

Overtime

Most workers must get 1.5 times their usual hourly rate for hours over 40 in a workweek. There is no daily overtime. Some farm workers get overtime only after 60 hours, and bowling alley and certain residential care workers after 48 hours. Car, truck and farm-equipment mechanics, partspersons and salespeople at dealers, taxi drivers and some seasonal amusement businesses are exempt.

Paydays: At least once every 2 weeks or twice a month, on regular paydays; if payday falls on a day off, you must be paid the workday before. Executive, administrative and professional employees may be paid less often. (Md. Code, Lab. & Empl. § 3-502)

Your final paycheck in Maryland

If you are fired or laid off

All wages you earned, on or before the day you would have been paid if you were still working (your next regular payday).

If you quit

Same: by your next regular payday. Unused accrued leave must be paid too, unless the employer has a written policy limiting payout and told you about it when you were hired.

Law

Md. Code, Lab. & Empl. § 3-505

When was your final paycheck due in Maryland?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Penalties your employer may owe

If a court finds wages were withheld without a real (bona fide) dispute, it may award up to 3 times the unpaid wages plus reasonable attorney fees and costs (Lab. & Empl. § 3-507.2). For minimum wage or overtime underpayment, the court must award the unpaid amount plus an equal amount as liquidated damages and attorney fees, unless the employer proves it acted in good faith (Lab. & Empl. § 3-427). Paying less than the required wage is also a misdemeanor with a fine up to $1,000 (§ 3-428).

Retaliation and immigration status

The Maryland Department of Labor says employers may not take action against a worker because the worker filed a complaint or used their rights under Maryland law (official minimum wage poster, revised 9/1/2026).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not take money out of your pay unless a court ordered it, you agreed in writing, the Commissioner allowed it, or another law requires it (Lab. & Empl. § 3-503). Tipped workers who get more than $30 a month in tips must be paid at least $3.63 an hour in cash, tips must bring you up to the minimum wage, you must keep your tips (tip pooling is allowed), and restaurants using the tip credit must give a tip credit wage statement each pay period (§ 3-419).

Good to know in Maryland

• On a construction project, the general contractor can be held liable for unpaid wages owed by a subcontractor (Lab. & Empl. § 3-507.2(c)).
• An agreement to work for less than the legal wage is void; it is not a defense for the employer (Lab. & Empl. §§ 3-502(f), 3-427(c)).
• Claims must be filed in the state where the work was done; Baltimore City has its own wage office (410-396-4835).
• For claims of $5,000 or less, the Commissioner sends your complaint to the employer, requires a written answer within 15 days, and can issue an order to pay wages (Lab. & Empl. § 3-507.1).

Forms

• ESS Wage Claim Form (PDF)
• Wage Claim Form instructions and Spanish version

Wage-theft calculator for Maryland

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

Questions about wage claims in Maryland

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