Free Maryland Labor and Employment FAQs | Free Maryland Labor and Employment Legal Documents

Am I Entitled To Rest And Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

There is no law requiring an employer to provide breaks, including lunch breaks, unless the employee is under the age of 18. Minors under 18 must receive a 30 minute break for every 5 hours of work.

Are There Restrictions On The Hours A Minor May Be Employed?

Thu, 26 Jun 2008 00:04:00 GMT

Minors 14 and 15 years of age may not be employed or permitted to:

work more than 4 hours on any day when school is in session
work more than 8 hours a day on any day when school is not in session
work more than 23 hours in any week when school is in session
work more than 40 hours in any week when school is not in session
work before 7:00 a.m. or after 8:00 p.m. Minors may work until 9:00 p.m. from Memorial Day to Labor Day
work more than 5 consecutive hours without a nonworking period of at least 30 minutes

Hours of work for minors employed by an employer covered by the Federal Fair Labor Standards Act are more restrictive than those allowed by Maryland law. In general, it is the more protective standards which apply

Minors 16 and 17 years of age:

May spend no more than 12 hours in a combination of school hours and work hours each day.
Must be allowed at least 8 consecutive hours of nonwork, nonschool time in each 24 hour period.
May not be permitted to work more than 5 consecutive hours without a nonworking period of at least 30 minutes.

Are Unemployment Insurance Payments Taxable?

Tue, 29 May 2007 21:19:00 GMT

Any unemployment insurance benefits that you receive must be reported as part of your gross income for both state and federal tax purposes. To assist you in filing your tax returns, you will be sent an IRS Form 1099G showing the total amount of unemployment insurance benefits paid to you during the previous year. You may elect to have taxes deducted from unemployment insurance checks. You can choose to have either Federal taxes, Maryland state taxes, both or neither deducted from your check. You must sign and return the W4 form before any taxes can be withheld from your unemployment insurance benefits.

As An Employer With Employees In More Than One State, Where Do I Report?

Tue, 29 May 2007 21:19:00 GMT

New hire reporting is required in all 50 states. For those employers with employees in more than one state, there are two options for reporting. Click here for more information about Multistate reporting.

Can I File For Benefits If I Am Working Part-Time?

Mon, 04 Jun 2007 21:51:22 GMT

If you are working all of the hours your employer has available for you and your gross pay is less than your weekly benefit amount plus any dependentsÆ allowance, you may be eligible for partial benefits. However, you must still be able, available and actively seeking fulltime work.

Any income must be reported and staff will determine whether the monies will have an effect on your weekly benefit amount. When you file your initial claim or reopen your existing claim, you must report any of the following monies earned during that week: wages, pensions, annuities, holiday pay, vacation pay, severance pay, bonuses and special payments. When you file your biweekly continued claims for benefits, you must report all wages earned during the week in which the work was performed regardless of whether you were paid during that week.

How Are My Tax Rates Determined?

Tue, 29 May 2007 21:19:00 GMT

Maryland employers are assigned one of three different types of tax rate: the new account rate, the standard rate, or the experience (earned) rate.

New Account Rate
"New Employer" means an employing unit that does not qualify for an earned rate. The tax rate for a new employer will be the average of the rates for all employers in the State during the last five years. Construction companies headquartered in another state will be assigned a tax rate that is the average of the rates for all construction employers in Maryland during the year for which the rate is assigned.
Standard Rate
If an employer is eligible for an earned rate, but has no taxable wages in a fiscal year (July 1 to June 30) because the employer failed to file its quarterly tax and wage reports, the employer is assigned the standard rate. The standard rate is the higher of the highest rate from the "Table of Basic Rates" or the employer's computed basic rate plus any surtax rate.
Experience (Earned) Rate
After an employer has paid wages to employees in two fiscal years (July 1 to June 30) prior to the computation date (July 1st prior to the rated year), he/she is entitled to be assigned a tax rate reflecting his/her own experience with layoffs. If the employer's former employees receive benefits regularly which result in benefit charges, the employer will have a higher tax rate. On the other hand, firms which incur little or no benefit charges will have lower tax rates.

How Can A Minor Obtain A Work Permit?

Tue, 29 May 2007 21:19:00 GMT

Work permits are not issued until the minor has been offered a job. The work permit allows the minor to perform certain duties for a particular employer. If the minor changes jobs, a new work permit must be obtained. The work permit form is obtained from the school; the minor completes some basic information and signs the permit. The minor's parent or guardian signs the permit. The work permit is taken to the employer who enters their name and address and describes the minor's duties. The employer signs the permit. The work permit is then taken to the Issuing Officer. Issuing Officers are required to verify the minor's date of birth. The validated work permit, with the Issuing Officer's signature must be in the employer's possession before the minor is permitted to work.

How Do I File Continued Claims?

Tue, 29 May 2007 21:19:00 GMT

You will file your continued claims by telephone. These continued claims are called Telecerts. Normally, you file a Telecert once every two weeks, which covers a twoweek period. However, for the first week of benefits, the Telecert will only cover a oneweek period. It is your responsibility to call in your Telecert immediately following the most recent week ending date printed on the "Notice of Available Benefit Weeks" that you receive in the mail. Failure to call in your Telecert timely causes a delay in benefits and may result in denial of benefits.

If you wish to file your biweekly Telecert, click here for the Telecert telephone numbers .

How Do I Report?

Tue, 29 May 2007 21:19:00 GMT

There are a variety of ways to report new hires, including online reporting, electronic reporting and by mail or fax. For more information on the reporting options available, click here

How Does My Business File Quarterly Reports And Returns?

Tue, 29 May 2007 21:19:00 GMT

You are required to report your payroll and pay unemployment insurance taxes four times a year. Form DLLR/OUI 15/16 will be sent to you at the end of each quarter. You are required to report the amount of total "gross wages" paid each quarter on the "Contribution Return" and on the "Employment Report". Employers must also calculate and report the amount of total "taxable wages." For Maryland unemployment insurance purposes, "taxable wages" are defined as the first $8,500 earned by each employee in a calendar year.

Maryland employers with 100 or more employees are required to submit quarterly wage information on magnetic tape. In addition, diskette reporting is now available and smaller employers are encouraged to use this method. For more information, call (410) 7674380 or (410) 7672530 or click on the following links:

Quarterly Reporting of Unemployment Insurance Wage and Records via the Internet

Magnetic Media Specifications

How Does My Business Register As A "New" Employer?

Tue, 29 May 2007 21:19:00 GMT

You can open an unemployment insurance employer account by filing a Combined Registration Form. Employers should submit a Combined Registration Form no later than 20 days after the first day of business. Instead of filing a paper Combined Registration Application, you may file the application on the Internet at http://www.comp.state.md.us. To request a registration form, call (410) 2251313 in the Baltimore area or toll free on 18004925524.

How Does The Maryland Office Of Occupational Safety And Health Operate?

Mon, 04 Jun 2007 21:51:22 GMT

The MOSH strives to ensure that Maryland workplaces are safe and healthful through the use of enforcement, training, and consultation strategies. In addition to the federal standards, MOSH has adopted several regulations unique to Maryland.

MOSH covers every Maryland employer in a business, trade, commercial or industrial activity, who has one or more employees, including State and local governments. The MOSH Act does not apply to working conditions of employees of the federal government or any agency or instrumentality of a federal government agency. Those workers are covered under the Federal OSHA program.

How Much Can I Receive In Benefits?

Tue, 29 May 2007 21:19:00 GMT

There are certain wage requirements based on the amount of money that you were paid while you were employed; the higher your earnings, the higher your weekly benefit amount up to the maximum allowed by law. The amount of money you earned during your base period (the first four of the last five totally completed calendar quarters prior to the date you file your new claim) determines your weekly benefit amount. The current weekly benefit amount provided by the Maryland Unemployment Insurance Law ranges from $25 to $280.

If you remain totally unemployed and otherwise remain eligible, you may receive 26 times your weekly benefit amount.

Is There A Penalty For Not Reporting?

Tue, 29 May 2007 21:19:00 GMT

An employer can be fined $20 per unreported employee and $500 per unreported employee if the employee and employer conspired to not provide the required information. Employers will receive a written warning and an opportunity to provide the required information prior to being fined.

Must My Employer Award Benefits?

Tue, 29 May 2007 21:19:00 GMT

Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, compensatory time, holidays and holiday pay, health and life insurance, bonuses, severance pay, etc. The right to claim benefits only arises through a prior agreement of the parties.

What Happens If Violations Are Found During An Inspection?

Tue, 29 May 2007 21:19:00 GMT

For each violation found during an inspection, the inspector will discuss with the employer the nature of the violation, possible abatement measures to correct the condition, and the time frame for completing abatement measures.

If citations are issued, the citation or a copy of the citation must be posted at or near the place of the violation for 3 working days or until the violation is corrected, whichever is longer. If the employer does not wish to contest the citation and penalty, the employer must correct the condition by the date set in the citation, notifying the MOSH in writing that the cited condition has been corrected and pay the penalty, if one is proposed.

If the employer disagrees with the citation and/or penalty, the first step is to file a notice of contest with the Assistant Commissioner within 15 working days.

What Information Do I Need To Have Before Filing A Claim?

Tue, 29 May 2007 21:19:00 GMT

You will need to have:

your name, Social Security number, address and telephone number;

If you are claiming dependents, you will need their names, birth dates and Social Security numbers; and the name, complete payroll address, telephone number and reason for separation for each employer you worked for in the 18 months prior to filing your claim.

What Information Must I Report?

Tue, 29 May 2007 21:19:00 GMT

The State of Maryland asks for the following information:

Employer Federal Employer Identification Number (FEIN)
Employer State of Maryland Unemployment Insurance Number (SUI)
Employer Name
Employer Address
Employee Social Security Number (SSN)
Employee Name
Employee Address
Employee First Day of Work
Employee Availability of Medical Benefits
Employee Salary and Pay Frequency

Optional data include:

Employee Date of Birth
Employer Gender

Additional information may be required if reporting electronically.

What Is A "Reimbursable" Employer?

Tue, 29 May 2007 21:19:00 GMT

Notforprofit organizations classified under Section 501(c)(3) and exempt from income tax under Section 501(a) of the Internal Revenue Code, and state and local government entities and subdivisions may elect to finance their UI costs by reimbursing the state dollar for dollar for benefits charged against their accounts, in lieu of paying quarterly UI taxes. Notforprofit organizations are required to post a bond of a specific dollar amount. Questions concerning notforprofit status and/or requirements may be directed to the Unemployment Insurance Employers Line on (410) 9490033 for callers in the Baltimore area or toll free on 18004925524.

What Is The Law Regarding Overtime?

Tue, 29 May 2007 21:19:00 GMT

Overtime is payment to an employee of one and onehalf (1.5) times the regular hourly wage for work performed in excess of 40 hours in a 7day week. For some occupations in Maryland, overtime is calculated based on a different period of time. Certain farmworkers, for example, receive overtime for hours worked over 60 in a week. However, under state and federal laws, some employers are exempt from the requirement to pay overtime, and some employees are exempt from the right to receive it.

What Is The Law Regarding Paydays?

Tue, 29 May 2007 21:19:00 GMT

Employees in Maryland must be paid at least once every two weeks or twice in a month. However, Executive, Professional and Administrative employees may be paid less frequently.

If an employee is terminated, the employer must pay all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not terminated.

What Is The Minimum Age For Employment?

Tue, 29 May 2007 21:19:00 GMT

A minor under the age of 14 may not be employed or permitted to work unless the child is a model, performer or entertainer with a special permit. Special permits are issued only by the Commissioner's Office. Information can be obtained by calling (410) 7672239. Minors 14 through 17 years of age may only work with a work permit.

What Is The New Hire Law?

Tue, 29 May 2007 21:19:00 GMT

All employers are required to report newly hired and rehired employees to a state directory within 20 days of their hire date. New hire reporting speeds up the child support income withholding order process, expedites collection of child support from parents who change jobs frequently, and quickly locates alleged fathers/noncustodial parents to help in establishing paternity and child support orders.

What Wages Are Taxable?

Tue, 29 May 2007 21:19:00 GMT

Taxable wages include total remuneration paid up to the taxable wage base limit of $8,500 before any deductions made. For specific inclusions and exclusions, CLICK HERE .

What is the minimum wage in Maryland?

Mon, 12 May 2008 22:40:07 GMT

The Maryland state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate, which is currently $6.55 per hour.

When Should I File My Initial Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Eligibility for unemployment insurance benefits cannot be determined until you actually file a claim. If you are unemployed, file your claim as soon as possible, as your eligibility begins the week in which you file your claim. Your claim becomes effective the Sunday of the week during which you apply for benefits.

The Office of Unemployment Insurance conducts almost all business by telephone. Claims may be filed by telephone or you may choose to file your claim online. http://www.dllr.state.md.us/employment/ui/. The telephone number(s) to call to file a claim for benefits is listed on the Unemployment Insurance Home Page under "Claim Center Telephone Numbers "

Where Can I Call To Get More Information On Unemployment Insurance?

Tue, 29 May 2007 21:19:00 GMT

The Office of Unemployment Insurance (OUI) has an automated telephone information system that is available 24 hours a day, seven days a week. This system efficiently answers questions and provides you with better service.

The telephone numbers for people living in the Baltimore area or in a state other than Maryland are (410) 9490022and the TTY number for the hearing impaired is (410) 7672727.
The toll free telephone numbers for people living in Maryland but outside the Baltimore calling area, are 18008274839and the TTY number for the hearing impaired is 18008274400.

Where Can I Get Additional Information On Child Labor Laws?

Tue, 29 May 2007 21:19:00 GMT

For additional information, contact:

Division of Labor and Industry
Employment Standards Service
1100 N. Eutaw St. Room 606
Baltimore, MD 21201
(410) 7672239
FAX: (410) 7672220

Who Do I Contact If I Have Questions About New Hire Reporting?

Tue, 29 May 2007 21:19:00 GMT

You may call the Maryland New Hire Registry at (410) 2816000 or (888) 6344737 with any questions regarding the new hire reporting process. The help desk staff are available Monday through Friday, 8:00am 5:00pm Eastern Time.

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