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Maryland High Court Issues Opinion Regarding Right of Employees to Sue for Unpaid Wages

By Noel P. Tripp & Charles Kresslein on April 22, 2014
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On March 22, 2014, Maryland’s highest court issued a new ruling regarding the scope of an employee’s right to file a lawsuit for unpaid wages under the Maryland Wage Payment and Collection Law (the “MWPCL”), Maryland’s principal wage payment statute.  In Marshall v. Safeway, the Maryland Court of Appeals held that an employee may bring a private action under the MWPCL when the employer allegedly makes unlawful deductions from the employee’s pay.  The employer in Marshall mistakenly garnished too much money from the plaintiff’s pay due to a miscalculation.  When the employee brought a private action under the MWPCL for improper wage deductions, the trial court and intermediate appellate court dismissed the claim, ruling that the MWPCL permits a private civil action only when an employer does not pay all wages due upon the employee’s termination of employment or when the employer does not pay an employee in regular pay periods.  These lower court rulings were consistent with Maryland federal courts’ interpretations.  The Court of Appeals reversed, holding that any violation of the MWPCL, including improper wage deductions, may serve as the basis of a private action under the MWPCL.  2014 Md. LEXIS 163 (Md. Mar. 26, 2014).

The prior federal cases and the intermediate appellate court in Marshall had looked to the express language of MWPCL’s private civil enforcement provision, which states that an employee may file a lawsuit for violations of two specific statutory sections—the sections governing wages due upon termination of employment and the employer’s obligation to pay employees in regular pay periods.  Because the MWPCL’s provision governing deductions from pay was contained in a separate statutory section that was not specifically referenced in the private enforcement provision, those courts had held that the MWPCL does not permit a private action for unlawful deductions from an employee’s pay, leaving the employee with only an administrative remedy.  However, the Court of Appeals in Marshall looked to the legislative history and broader statutory scheme of the MWPCL and concluded that the legislature intended for any violation of the MWPCL to be subject to a private lawsuit, notwithstanding the limiting language in the civil enforcement section.

The District of Maryland federal court already has taken note of Marshall’s change in the law.  On April 11, 2014, in Mould v. NJG Food Service, Inc., the U.S. District Court for the District of Maryland revised a holding that it issued only a few months ago, in December 2013.  In Mould, several restaurant employees claimed that their employer’s improper tip pooling and tip credit practices resulted in unlawful deductions from their pay.  Relying on the intermediate appellate opinion in Marshall, the Mould Court in December dismissed several MWCPL counts that were based on the wage deductions.  Revisiting that holding in light of the decision in Marshall, the Mould Court reinstated some of those claims.  However, the court stopped short of reinstating the MWPCL claims that alleged that the deductions resulted in unpaid overtime in violation of the Fair Labor Standards Act, since it found those claims were preempted by the FLSA.

Employers with multi-state operations must constantly remain abreast of legislative, regulatory and case law developments.

Photo of Noel P. Tripp Noel P. Tripp

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate…

Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate in May 2005, he has practiced exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principle focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.

Mr. Tripp is a graduate of Dartmouth College (A.B. 1999), and Fordham Law School (J.D. 2006). Prior to attending law school, Mr. Tripp was a complex commercial litigation paralegal at a large national law firm in Los Angeles, California. He is admitted to practice in the state of New York.

Education

  • Fordham University, J.D., 2006
  • Dartmouth College, A.B., 1999

Admitted to Practice

  • New York, 2007
  • New York – E.D. N.Y., 2008
  • New York – S.D. N.Y., 2008
Read more about Noel P. TrippEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Wage & Hour Law Update
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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