Gaithersburg, MD Employment Preemption: Minimum Wage Preemption (2026)

Some Restrictions

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Maryland state rule: Gaithersburg does not have a local ordinance for minimum wage preemption. This topic is governed by Maryland state law and applies uniformly across the state.

Summary

Maryland sets a statewide minimum wage under Labor and Employment Article 3-413 but allows charter counties like Montgomery and Howard to set higher local wages.

Full Breakdown

Maryland's minimum wage reached $15.00 per hour in January 2024 for all employers under the Fair Wage Act. The Labor and Employment Article 3-413 governs the wage floor and overtime. Unlike many states, Maryland does not fully preempt local minimum wage ordinances; charter counties may enact higher minimum wages, and Montgomery County, Howard County, and Prince George's have done so. Tipped employees receive a tipped minimum with required employer make-up. Subminimum wages for workers with disabilities have been phased out. The Department of Labor enforces wage and hour rules.

Violations & Fines

Wage violations entitle workers to back pay, treble damages, and attorney's fees; willful employer violations carry civil penalties up to $1,000 per worker.

Frequently Asked Questions

Can Maryland counties set higher minimum wages?

Yes, several charter counties such as Montgomery have enacted higher local minimum wages.

Does Maryland have a tip credit?

Yes, tipped employees may receive a lower base wage if tips bring total earnings to at least the full minimum wage.

Sources & Official References

[1]Source

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Gaithersburg, MD Employment Preemption: Minimum Wage Preemption (2026)

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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