An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. This guide to each state’s overtime laws provides general information only and should not be used in place of legal advice. Copyright © 2020, Thomson Reuters. Overtime is calculated based on the number of hours worked on a weekly basis (not daily). See FLSA: Overtime for more information regarding overtime requirements. The wage payment law in the Maryland applies to almost all workers employed in Maryland, whether or not they might be exempt from minimum wage or overtime laws. Non-exempt employees in Maryland are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. MD Statutes, Labor and Employment Article 3-403(a)(3) It has adopted the regulations regarding the exemption for outside sales employees as set for in the Fair Labor Standards Act and its regulations. Annotated Code of Maryland) Overtime. | Last updated December 10, 2018. For example, a gas station employee who is exempt under state law would be covered by FLSA if they accepted credit cards from customers as part of their job or their employer made gross revenue at least $500,000. Let us know in a single click, and we'll fix it as soon as possible. Review this summary of Maryland overtime laws to make sure you receive all the pay you are owed. Help us keep Minimum-Wage.org up-to-date! … Some employees are exempt from overtime… Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Employees age 18 and un- der working under 20 hours per week are exempt from this rate. Minimum Wage and Overtime in Maryland The minimum wage schedule for Maryland is listed below. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Maryland Wage and Overtime laws While Maryland does have certain state labor laws that differ from the federal Fair Labor Standards Act (FLSA), the state law applies only in instances where it provides … The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Based on the Maryland minimum wage of $8.25 per hour, the minimum amount any Maryland worker should receive as overtime pay is $12.38 per hour.. Minimum Wage for Tipped Employees. Microsoft Edge. This is known as overtime pay. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. Maryland labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work 40 hours or more in a work week, unless otherwise exempt. The yearly earnings estimate of $22,880.00 is based on 52 standard 40-hour work weeks. Based on the Maryland minimum wage of $8.25 per hour, the minimum amount any Maryland worker should receive as overtime pay is $12.38 per hour.. professional, executive and administrative employees; persons under the age of 16 who work no more than 20 hours per week; members of an employer's immediate family: cafe, restaurant, tavern, or other similar establishment employees that sell food and drink for consumption on the premises and have an annual gross income of $250,000 or less; employees for whom the United States Secretary of Transportation may set qualifications and maximum hours of service; persons who are at least 62 years old and who work no more than 25 hours per week; retail automobile salespersons and mechanics; employers subject to Part I of the Interstate Commerce Act; nonprofit home health care service employers; amusement park or recreational establishment employers; restaurant and country club employers; and. In Maryland, working overtime typically means working more than 40 hours in a 7-day week. See Wage and Hour. Overtime Requirements in Maryland Both the FLSA and Maryland law require that most employees be paid at least one and one-half times their usual hourly rate for all hours work in excess of 40 hours per week. What is overtime pay? Get a Legal Claim Review. In Maryland, overtime hours are any hours over 40 worked in a single week. The Maryland Department of Labor, Licensing & Regulation manages wage and hour issues for Maryland. An employee is exempt from the FLSA when their specific job duties (not just job title) and salary meet all the requirements set by the U.S. Department of Labor. Most employees must be paid the Prince George’s Co. certain not-for-profit concert promoter, theater, music festival, or show employers. Stay up-to-date with how the law affects your life, Name View Sitemap. In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. MD Statutes, Labor and Employment Article 3-403(a)(3) It has adopted the regulations regarding the exemption for outside sales employees as set for in the Fair Labor Standards Act and its regulations… First off, let’s deal with an ‘hourly rate.’ Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. Maryland lists a variety of other employees who are exempted from Maryland overtime law, including the following: Generally, hourly employees who earn under $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible to receive overtime pay. For instance, the current minimum wage (in 2014) is $7.25 per hour, with an automatic yearly increase up to $10.10 per hour as of 2018. Agricultural workers are eligible for overtime only after completing a 60-hour workweek. Registered nurses cannot be required to work overtime without following certain procedures, 2 years to make a Maryland or federal claim for unpaid overtime, Food service employees at establishments with annual gross income less than $250,000, Amusement or recreational business operating less than seven months a year, Employees under the age of 16 working less than 20 hours per week, Employees over the age of 62 working less than 25 hours per week, Learned professionals, including CPA, lawyers, and physicians. The Lowdown on Maryland Overtime Laws: the Hourly Rate The basis behind MD overtime laws is that every hour worked past 40 hours in a workweek is entitled to overtime pay. Search, cannot be required to work more than their regularly scheduled hours. The Maryland Department of Labor, Licensing & Regulation manages wage and hour issues for Maryland. Overtime laws in Maryland and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. Forced overtime (also known as mandatory overtime) is a topic of constant conflict in many workplaces and a sticking point for labor advocates. Maryland law requires most employees be paid 1.5 times their usual hourly rate for all work over 40 hours per workweek. It can also protect workers who only … This chart highlights key provisions of Maryland overtime law. If your employer owes you overtime pay, a Department of Labor office in Maryland will work with you to ensure you receive your fair wages for all hours worked. Employment / Age Certification. Like most states, overtime is required for time worked beyond 40 hours in a week in Maryland. Overtime Most employees must be paid the Maryland State Minimum Wage Rate. Maryland Overtime Laws Maryland Overtime Law Summary. … If you have questions regarding overtime laws in your state, consult your employment counsel, visit your state’s .gov website (such as Idaho.gov or Maryland… Overtime Requirements in Maryland Both the FLSA and Maryland law require that most employees be paid at least one and one-half times their usual hourly rate for all hours work in excess of 40 hours per week. For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. … Maryland exempts outside salesmen from its minimum wage requirements. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. It's important to verify the laws you read about by conducting your own research or consulting with a qualified Maryland employment attorney. The email address cannot be subscribed. The FLSA specifically covers certain jobs, and exempts others from overtime pay. In addition to the … Maryland Min Wage - $11.00 per hour as of 2020. The wage payment law in the Maryland applies to almost all workers employed in Maryland, whether or not they might be exempt from minimum wage or overtime laws. What’s different in Maryland’s overtime laws, however, is that employers can require employees to work overtime. Overtime… Unlike other states which completely exempt farm and agricultural employees from overtime payments, Maryland overtime law requires that farm laborers be paid overtime for any work over 60 hours in a single week. Please try again. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Firefox, or Overtime is payment to an employee of one and one-half (1.5) times the regular hourly wage for work performed in excess of 40 hours in a 7-day week. Note: State laws are subject to change. Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. However, the state has several exemptions that may come as a surprise to workers. This amount plus their tips must equal at least the minimum wage. Usage is subject to our Terms and Privacy Policy. In other words, if you worked in … Overtime Laws for Maryland Employees who work more than 40 hours in a single workweek are required by Maryland law to receive compensation at an overtime rate of 1.5x their … Federal Minimum Wage | Employees of bowling alleys, movie theaters, hotels, and gas stations are exempt from overtime laws in Maryland, and registered nurses are exempt from mandatory overtime laws unless an emergency or other specific circumstance arises. State Labor Laws; Pay Methods. Maryland’s overtime laws can be confusing, and an experienced Maryland failure to pay overtime attorney will understand the specific exemptions that apply under Maryland law. The Maryland Minimum Wage and Overtime Law is a Maryland minimum wage law poster provided for businesses by the Maryland Department Of Labor, Licensing and Regulation. Employers have two compliance options: The FLSA does not require overtime … The work is a consequence of an emergency which wasn't reasonably anticipated; The emergency is nonrecurring and is not caused by or aggravated by the employer's inattention or lack of reasonable contingency planning; The employer has exhausted all good faith, reasonable attempts to obtain voluntary workers during the succeeding shifts; The nurse has critical skills and expertise that are required for the work; The standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure; or. Minimum Wage. If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Maryland and federal overtime regulations. A typical exempt employee is one who performs supervisory or executive duties and is paid on a salary basis not less than $455 per week. Maryland law completely exempts the following types of employees from state overtime laws: Employees not covered by state overtime provisions may still be eligible for similar benefits under the federal Fair Labor Standards Act (FLSA). 3-415 ). For example, if your boss tells you at the last minute that you must work a double shift or you're fired, is it legal? The law may require a nurse to work overtime if: Being Denied Overtime Pay? Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. Maryland … This law provides non-exempt employees with an overtime wage of 1.5 times their regular rate for hours worked beyond 40 hours in a workweek. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). This site is a free public service not affiliated with the Department of Labor or any governmental organization. Certain agricultural employees. The overtime rate under Maryland law is 1.5 times an employee’s regular pay rate. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. We recommend using The Fair Labor Standards Act (FLSA) defines overtime … Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Maryland overtime eligibility. Receive a claim review from a local attorney to better understand your legal options. In Maryland, there are special requirements for certain employees: The new rule requires that exempt salaried employees must be paid at least $684 per week, or $35,568 annually. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. If you believe your employer owes you overtime, learn how to file an overtime claim in Maryland. MD Admin Rules 09.12.41.17 Google Chrome, of Labor Wage & Hour Fact Sheet. This chart highlights key provisions of Maryland overtime law. Employees who do not meet this salary level must be classified as non-exempt, and be paid overtime for all hours worked over 40 in a workweek. Non-exempt employees in Maryland are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional. A ‘piece’ rate is essentially a per-product wage, rather than a per-hour wage. Visit our professional site », Created by FindLaw's team of legal writers and editors What Counts as Overtime. An experienced Maryland attorney can explain how the law applies to the facts in your case. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. They can also help you recover any damages and lost wages. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Unlike other states which completely exempt farm and agricultural employees from overtime payments, Maryland overtime law requires that farm laborers be paid overtime for any work over 60 hours in a single week. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. Contact. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Disability Discrimination (ADA) Discrimination Laws. When overtime laws are not properly applied, employees can lose out. Forced overtime (also known as mandatory overtime) is a topic of constant conflict in many workplaces and a sticking point for labor advocates. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Maryland does not specify a daily overtime limit. This is a required poster for all Maryland employers, and any business that fails to post this notification may be subject to penalties or fines.. Certain employees, like executives and those under 16 or over 62 who work less than full time, are exempt from the minimum wage law. To employee pay and benefits, including pay frequency, pay … Code! 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