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Women are
83%
more likely to
live in poverty
than white men in
Maryland
Single-woman led households are at the
highest risk
of poverty in
Maryland
In
Maryland
, women earn
$0.70
for every dollar a white man makes
Women in
Maryland
are
65%
more likely to earn
minimum wage
than white men
Women in
Maryland
are
55%
more likely to earn a
tipped wage
than white men
In
Maryland
, at least
71%
of women are essential to the financial security of their household
Maryland’s equal pay law requires equal pay for employees who “work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type,” based on sex and gender identity.[1] Additionally, employers cannot provide less favorable employment opportunities based on sex or gender identity.[2]
a. Affirmative Defenses: To justify a pay disparity, an employer can assert that the disparity is based on a seniority system or merit increase system that does not discriminate on the basis of sex or gender identity; jobs that require different abilities or skills or the regular performance of different duties or services; different shifts or times of day; a system that measures performance based on a quality or quantity of production; or a bona fide factor other than sex or gender identity (like education, training, or experience) when the factor is not based on or derived from a gender-based differential in compensation, is job related and consistent with a business necessity, and accounts for the entire differential.[3]
b. Retaliation: An employer cannot discharge or otherwise discriminate against an employee because the employee makes a complaint, brings an action, or testifies in an action under the equal pay law.[4]
[1] Md. Code Ann., Lab. & Empl. § 3-304 (2024).
[2] Id.
[3] Id.
[4] Md. Code Ann., Lab. & Empl. § 3-308 (2024).
Yes. Maryland’s equal pay law addresses pay disparities based on both sex and gender identity. Additionally, while federal law requires equal pay for equal work, Maryland’s standard references comparable work, which is a more protective standard. Finally, the law replaces the broad “any factor other than sex” affirmative defense with “a bona fide factor other than sex or gender identity,” which must be job-related, consistent with business necessity, and account for the entire differential.
Yes. The employer must provide a wage range for a position upon the request of the applicant.[1] Effective October 1, 2024, all employers must include a wage range in all postings for jobs that will be performed at least partially within the state. The state labor commissioner can enforce the law by issuing fines.[2]
[1] Md. Code Ann., Lab. & Empl. § 3-304.2 (2024).
[2] S.B. 525 (Md. 2024) (amending Md. Code Ann., Lab. & Empl. §§3-301, 304.2, 305, 308).
Yes. An employer cannot seek your wage history or rely on your wage history in screening or considering your application or in determining your wages.[1] However, after the employer makes an offer, it may rely on wage history you voluntarily provide in wage negotiations to support a higher wage offer, and seek to confirm that wage.[2] However, the employer can rely on your wage history only if doing so does not create an unlawful wage differential.[3]
[1] Md. Code Ann., Lab. & Empl. § 3-304.2 (2024).
[2] Id.
[3] Id.
Yes. Your employer cannot prohibit you from inquiring about, discussing, or disclosing your wages or the wages of another employee, or retaliate against you for doing so, although it can establish “reasonable workday limitations” on the time, place, and manner of inquiries.[1]
[1] Md. Code Ann., Lab. & Empl. § 3-304.1 (2024).
No. Employers are currently not required to report gender-based pay data.
Yes. The minimum wage in Maryland is above the federal minimum wage.[1] Some municipalities in Maryland may also have a higher minimum wage than the state minimum wage.[2] Employers who violate minimum wage laws may be liable for missing wages, an equal amount in liquidated damages, and attorney’s fees and costs.[3] Retaliation against an employee for making a complaint, bringing an action, or testifying in an action under state wage theft law is prohibited.[4] Minimum wage violations are also misdemeanors.[5]
[1] Md. Code Ann., Lab. & Empl. § 3-413 (2024).
[2] E.g., Montgomery County, Md. Code § 27-68 (2017).
[3] Md. Code Ann., Lab. & Empl. § 3-427 (2024).
[4] Md. Code Ann., Lab. & Empl. § 3-428 (2024).
[5] Id.
No. Employers can pay tipped workers less than the minimum wage.[1] Employers may also pay workers less than 18 years of age a lower minimum wage.[2]
[1] Md. Code Ann., Lab. & Empl. § 3-419 (2024).
[2] Md. Code Ann., Lab. & Empl. § 3-413 (2024).
Yes. Many employees must be paid at least every two weeks or twice per month.[1] However, executive, professional, and administrative employees may be paid less frequently.[2]
[1] Md. Code Ann., Lab. & Empl. § 3-502 (2024).
[2] Id.
Yes. At hire, the employer must provide notice of the rate of pay, the regular payday, and leave benefits.[1] For each pay period, the employer must provide a statement of gross earnings and deductions from those gross earnings.[2]
[1] Md. Code Ann., Lab. & Empl. § 3-504 (2024).
[2] Id.
Yes. Generally, overtime payment is available to an employee who works over 40 hours in a 7-day workweek, with various exceptions.[1]
[1] Md. Code Ann., Lab. & Empl. § 3-420 (2024).
Yes. Maryland law prohibits wage theft. A court may award an employee whose employer withheld wages up to three times the amount of withheld wages, with reasonable attorney’s fees and costs.[1] Wage theft is also a misdemeanor punishable by a fine.[2]
[1] Md. Code Ann., Lab. & Empl. §§ 3-507; 3-507.2 (2024).
[2] Md. Code Ann., Lab. & Empl. § 3-508 (2024).
