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VICTORIA KELLY v. THE PINNACLE GROUP, LLC, et al.

Appellant, Victoria Kelly, worked for appellees, Pinnacle Group LLC and its owner, Anthony D’Antonio (collectively, “Pinnacle”), as a companion care provider. Kelly claimed that Pinnacle failed to pay her overtime wages for eighteen months from 2011 to 2013 in violation of, inter alia, the Maryland Wage Payment and Collection Law (“WPCL”), LE § 3-501, et seq. Pinnacle filed a motion for summary judgment on January 16, 2014, contending that Kelly’s claims could not proceed because, at the time, WPCL only concerned the timing of payments, not the amount of wages due. On February 26, 2014, the Circuit Court for Wicomico County granted Pinnacle’s motion, agreeing with Pinnacle and citing what was controlling case law at the time of the decision.

While this case was still pending appeal, the Court of Appeals issued two opinions that had a different interpretation of WPCL ― under the new interpretation, WPCL concerns both the timing of payments and the amount of payments due. Kelly asks that we reverse the circuit court’s grant of summary judgment based on new case law.

Read the unreported opinion.

 

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