Seven Common Employment Law Myths Debunked
In today's complex work environment, understanding employment law is crucial for both employees and employers. However, many myths and misconceptions persist. For employees in Maryland, navigating these laws can be challenging. So let's debunk seven common employment law myths:
Understanding Employment Law in Maryland
Employment law encompasses a wide range of legal issues, and this article is not legal advice. Rather, it provides helpful general tips about Maryland employment law. For legal advice, please seek a legal consultation with an attorney about your specific situation.
Myth 1: At-Will Employment Means You Can Be Fired for Any Reason
Maryland employment is "at-will" unless it is stated otherwise in writing. This means an employer or employee can quit the relationship at any time, with or without advanced notice, and with or without a good reason or any shared reason whatsoever. Maryland is an at-will employment state, yet there are important exceptions to this general rule.
For instance, employers cannot fire employees for discriminatory reasons, such as due to race, gender, national origin, color, or religion, under U.S. and Maryland law, nor can they terminate someone in retaliation for whistleblowing. Employers cannot retaliation against someone for taking protected FMLA Leave if the FMLA applies to that employer. In terms of harassment, employers cannot make a workplace intolerable because of a protected category such as race, gender, national origin, color, or religion.
- There are more exceptions than can be covered here. This is a complex area of the law, and the above illustrate some protected rights.
- For more, see my book: Employee Rights in Maryland: A Concise Guide for Knowing and Protecting Your Rights (Advantage Media 2021).
Myth 2: Overtime Pay is Optional
Overtime pay is required where state and federal law so demand. It is calculated as 1.5 times the regular wage. It applies to hours above 40 during a work week.
Understanding who qualifies for overtime is essential, as some employees may be exempt based on (1) their job duties and salary, or (2) industry specific exemptions to U.S. and Maryland law.
Myth 3: You Must Accept Unpaid Internships to Gain Experience
Unpaid internships are often seen as a necessary step to gain valuable work experience, especially for students and recent graduates. However, it is a myth that all internships must be unpaid.
There is no doubt an internship can lead to a "foot in the door" of a specific employer or an industry in general. For those new to the work force, or those returning to the workforce, or also transitioning career fields, an internship can be a valuable skill building experience that communicates both dedication and development to peers, employers, and others in the field.
- Legal Criteria: Internships must benefit the intern as well as the employer to qualify as unpaid.
- Educational Component: The internship should provide training that is educational.
- No Job Guarantee: The internship is not necessarily a trial period for future employment.
Myth 4: You Cannot Discuss Your Salary with Coworkers
The National Labor Relations Act (NLRA) protects employees' rights to discuss wages and other terms of employment, for employees but not for managers, because the NLRA protects employees.
The NLRA protection of "concerted activity" applies to employers in interstate commerce. It does not apply to very small local businesses if they are not involved in interstate commerce. Generally speaking, an employee has a right to discuss their pay with another under the doctrine of concerted activity.
Myth 5: Remote Workers Are Not Protected By Workplace Laws (Yes They Are!)
With the rise of remote work, some employees believe they are not entitled to the same protections as those working on-site. This is a misconception.
Remote employees as employees have most of the same basic employee rights as their in-office counterparts, especially in regard to protection against discrimination, retaliation, and harassment. The laws may apply differently, because of the at-home remote setting.
Myth 6: Part-Time Employees Have No Rights
Another myth is that part-time employees do not have the same rights as full-time employees. This is not true. Part-time employees are entitled to many of the same protections as their full-time counterparts, especially including rights related to discrimination, harassment, and workplace safety. Additionally, part-time workers may be eligible for certain benefits, depending on the employer's policies and the number of hours worked.
Part-time employees are unlikely to have automatic FMLA Leave rights if they work less than 1250 hours per year.
- There are more exceptions than can be covered here. For more, see my book: Employee Rights in Maryland: A Concise Guide for Knowing and Protecting Your Rights (Advantage Media 2021)
Myth 7: Employers Can Withhold Final Paychecks
Under the Maryland Wage Payment and Collection Law, an employer must provide each employee their final paycheck and all accrued employment pay when the final pay period falls. For instance, if someone quits on Friday and the very next biweekly pay period falls on the Wednesday after they no longer work there, the final pay is due on that Wednesday under Maryland law. Of course, it can be paid earlier such as on the day of termination.
Whether accrued vacation and other benefits are owed depends on the employee handbook and related written policies. If nothing is stated in writing, then this must be paid out. I have a chapter on this issue in my book, referenced above.
Lastly, an employer cannot deduct from a paycheck without an employee's written authorization, under the Maryland Wage Payment and Collection Law.
Why Accurate Employment Law Knowledge Matters
Having a clear understanding of employment law is crucial for both employees and employers to foster a fair and equitable workplace.
Mosson Law LLC is dedicated to empowering employees with accurate legal knowledge. Our expertise in employment and family law equips us to address a wide range of legal issues, ensuring that our clients are in Maryland and Baltimore well-informed and confident in their rights. Our firm is here to provide the support you need.
For more personalized advice or to discuss your specific legal concerns, please contact us at (443) 226-0601 and/or online at www.mossonlaw.com. Let Mosson Law LLC be your ally in Maryland in navigating the complexities of employment law and advocating for your rights.
Gregg H. Mosson, Esq.
Mosson Law, LLC