Marshall v. Safeway, Inc.
88 A.3d 735
Md.2014Background
- Marshall, an employee of Safeway, challenged a $29.64 garnishment deduction as improper under Maryland law.
- Safeway initially used CL § 15-601.1 (Eastern Shore 75% or $145/week) rather than the federal 30x FLSA minimum wage standard.
- The district court form mixed state and federal standards, creating ambiguity about the exempt amount.
- Safeway changed its garnishment policy to the federal standard after Marshall filed suit and tendered $45.25 plus interest to Marshall.
- Marshall filed a class action alleging improper garnishments for herself and other Safeway Maryland employees; Safeway’s policy change did not moot the action at first.
- The circuit court denied class certification, dismissed damages, and the Court of Special Appeals affirmed; this Court affirmed the dismissal and judgment for Safeway.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the applicable exemption standard for garnishments? | Marshall argues the proper standard is the federal 30x FLSA minimum wage. | Safeway argues the Maryland statute 75% or $145/week governs exemptions (plus medical deduction). | The correct standard is the greater of 75% of disposable wages or 30x FLSA minimum wage. |
| Does LE 3-507.2 create a private right of action for miscalculating exemptions under LE 3-503? | Marshall asserts a private right exists under LE 3-507.2 for violations of the Wage Payment and Collection Law. | Safeway contends 3-507.2 applies only to nonpayment under 3-502/3-505, not miscalculation under 3-503. | Yes, LE 3-507.2 provides a private right of action for violations of this subtitle, including 3-503. |
| Did the circuit court abuse its discretion in denying class certification? | Marshall contends there are numerous similarly situated employees; discovery would show common issues. | Safeway argues late certification would prejudice trial, and common issues do not predominate. | No abuse of discretion; class certification was properly denied. |
Key Cases Cited
- Anderson v. Anderson, 285 Md. 515 (Md. 1979) (federal preemption and related wage exemptions)
- Friolo v. Frankel, 373 Md. 501 (Md. 2003) (legislative history of Wage Payment and Collection Law)
- Frazier v. Castle Ford, 430 Md. 144 (Md. 2013) (class certification and discovery considerations)