On July 13, 2022, Maryland’s highest court issued a wide-reaching decision in Amaya v. DGS Construction, LLC that could have a substantial impact on personnel costs for companies doing business in Maryland. The unanimous ruling opened the door for employees to seek payment of wages for time spent waiting at a jobsite and/or traveling to and from a client work site under certain circumstances. Although Amaya involved construction employees, the decision is very likely to touch many companies operating in Maryland and will likely have an impact across all industries. Companies based in or who have employees working in Maryland should take immediate notice of the Amaya decision and adjust hourly reporting and wage payment practices as necessary to avoid potential wage-and-hour liability.
The Amaya decision was a consolidated opinion resolving two related cases. In both cases, construction workers sued their employers for unpaid regular and overtime wages related to uncompensated waiting and travel time before and after working at a construction site. The construction workers alleged that, as part of their employment, they were required to report to and, as necessary, park their personal vehicles, at a specific off-site location. The workers would then take a company-provided shuttle bus to a construction site, go through security screening, check in with a supervisor, obtain tools to perform their job, and then begin their work. At the end of the workday, the workers would...
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