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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18903
Experience:  Employment/Labor Law Litigation
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Restaurant in Maryland, is it required business to have a

Customer Question

For a restaurant in Maryland, is it required for the business to have a separate payroll account set up? We are getting checks but are not able to cash them in a timely manner. Ninety percent of what we make as servers is in credit card tips, yet the restaurant owners say they don't have the money to cover payroll. Is this legal??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

There is nothing the legally requires them to have a separate account for that purpose, but legally they are supposed to be able to cover payroll when they issue checks.

You need to report this employer to your state's Department of Labor, in the form of a wage claim.

https://www.dllr.state.md.us/forms/essclaimform.pdf

That entity can investigate the matter, require payment and even fine the employer for improperly paying their employees. Such a complaint is a legally protected action, meaning that you cannot be retaliated against for making the complaint.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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