Temporary Worker Rights in Maryland: What You Are Entitled To

The federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., requires all employers to pay covered employees at least the federal minimum wage of $7.25 per hour and overtime pay at time-and-a-half for hours over 40 per week. The FLSA applies to temporary workers the same as permanent employees. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, religion, sex, or national origin; the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., requires reasonable accommodations for employees with disabilities; and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., protects workers age 40 and older.

Under the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., employers must maintain safe working conditions for all employees including temps. The Department of Labor (DOL) enforces FLSA wage and hour requirements, while the Equal Employment Opportunity Commission (EEOC) enforces civil rights protections. Temporary workers have no minimum tenure requirement to be covered; protections begin on the first day of employment. Staffing agencies acting as employers are jointly and severally liable with host employers for wage and hour violations under FLSA principles.

Maryland Labor Code § 3-505 establishes that all employees, including temporary workers, must receive at least the Maryland minimum wage, which as of January 1, 2024 is $15.00 per hour for most employers (with a lower rate of $13.25 for counties with lower cost-of-living indices). This is substantially higher than the federal minimum wage and applies regardless of employment duration or classification. Maryland Labor Code § 3-507 explicitly prohibits wage deductions for tools, uniforms, and equipment—a protection that covers temporary workers and limits what employers and staffing agencies can legally deduct from paychecks.

Maryland extends workers' compensation coverage to all employees under Maryland Annotated Code § 9-701, including temporary workers who are injured on the job, with no waiting period or duration threshold. This means temp workers injured during their assignment have the same right to workers' compensation benefits as permanent staff. Staffing agencies are considered joint employers with the host company under Maryland case law and are jointly liable for wage violations, meaning temp workers can pursue claims against either or both entities for minimum wage, overtime, or illegal deductions.

Maryland also covers temporary workers for unemployment insurance purposes under the state's unemployment insurance law, allowing them to file claims if their assignment ends. The state's anti-discrimination laws under Maryland Annotated Code § 8-201 (Human Relations Act) apply to all employees regardless of temporary status, covering discrimination based on race, color, creed, sex, age (40+), national origin, marital status, sexual orientation, and disability. Remedies available to temp workers under Maryland law include back wages with prejudgment interest, liquidated damages, attorney's fees, and injunctive relief. Maryland law is substantially stronger than federal minimums in wage protections due to the higher minimum wage threshold and explicit joint liability provisions for staffing agencies.

Temporary workers are generally not excepted from wage and hour protections under Maryland or federal law; however, certain classifications may limit coverage. Independent contractors (as opposed to employees) are not covered by the FLSA or Maryland wage laws, but Maryland uses a strict ABC test to classify workers—agencies must prove the worker is free from control, works outside the usual business of the agency, and is independently established in that trade. Misclassification is common and courts favor employee status.

Executive, administrative, and professional employees may be exempt from overtime requirements if they meet salary and duties tests under the FLSA, but temp workers are rarely eligible for these exemptions because they typically do not exercise independent judgment or supervisory authority. Seasonal workers and workers in certain agricultural settings may have different rules, but standard temporary office, warehouse, or healthcare workers are not exempted.

Maryland Labor Code § 3-507 allows certain deductions if they are "reasonable"—such as deductions authorized by law (payroll taxes, child support), court orders, or certain union dues—but prohibits deductions for tools, equipment, uniforms, or as a condition of employment. Employers cannot use deductions to bring wages below minimum wage. Some temporary workers assigned to federal government contracts may be covered by prevailing wage requirements under the Davis-Bacon Act, 40 U.S.C. § 3141 et seq., which sets significantly higher wage floors than Maryland minimum wage.

Temporary workers in right-to-work environments (not Maryland; Maryland is not a right-to-work state) would not be required to join unions, but this is not applicable in Maryland. Staffing agencies cannot escape liability by claiming they are not the "employer"—Maryland recognizes joint employment and joint liability doctrines that hold agencies responsible alongside host employers for wage violations.

Step 1 — Document Everything: Keep detailed records of all hours worked each day, including start and end times, breaks, and daily totals. Take screenshots of timeclock records, email confirmations, or messages from supervisors showing hours. Retain all pay stubs and written job assignment agreements or offer letters from the staffing agency. Document any wage deductions by saving pay stubs showing deductions and taking photos of deductions listed. Note the date and description of any safety violations, discrimination incidents, or injuries. Create a timeline with specific dates and amounts owed.

Step 2 — File an Internal Complaint: Before filing with an agency, notify your staffing agency and the host employer in writing (email is acceptable and creates a record) of the wage violation or issue. Clearly state the violation (e.g., "I was not paid for 8 hours worked on [date]" or "$50 was deducted for equipment in violation of Maryland law"). Keep a copy of your complaint and any responses. Request a written response within 10 business days. This demonstrates good faith and may resolve the issue quickly; agencies often correct errors once formally notified. If the agency refuses to correct the violation or retaliates, document that response.

Step 3 — File with the Maryland Department of Labor: Contact the Wage and Hour Division at the Maryland Department of Labor, 500 North Calvert Street, Baltimore, MD 21202, or call 410-767-2357. File a wage complaint online at mde.maryland.gov or by mail. You do not need an attorney to file. Provide your name, address, and phone number; the staffing agency name, address, and contact person; dates of employment; hours worked each day; hourly wage paid; amount of wage owed; and a description of the violation (wage theft, illegal deductions, etc.). Include copies of pay stubs, time records, and your written complaint to the agency. There is no filing fee and no deadline, but file as soon as possible to preserve evidence. The Department of Labor will investigate at no cost to you.

Step 4 — Expect the Investigation: The Maryland Department of Labor will contact the staffing agency and host employer for records and explanation within 5-10 business days of your complaint. Investigators will request timecards, payroll records, and your signed agreement. You may be contacted for a follow-up interview and asked to provide additional documentation. The investigation typically takes 30-60 days. Once complete, the Department will issue a determination letter stating whether a violation occurred. If a violation is found, the agency will order the employer to pay back wages plus interest. The employer has the right to appeal, which may extend the timeline to 90-120 days.

Step 5 — Consult an Employment Attorney: Contact an employment attorney if the Department of Labor's investigation is delayed beyond 60 days, if you were retaliated against for filing a complaint, if the amount owed is substantial ($5,000+), or if the employer refuses to pay after the Department's determination. An attorney can file a civil lawsuit in Maryland District Court or Circuit Court for back wages, liquidated damages (double the unpaid wages), attorney's fees, and prejudgment interest. Many employment attorneys work on contingency (no upfront cost) for wage cases. If you experienced discrimination or harassment in addition to wage violations, consult an attorney about filing with the Maryland Commission on Human Relations (MCHR) for discrimination claims within 180 days of the incident.