A ‘piece’ rate is essentially a per-product wage, rather than a per-hour wage. Some employees are exempt from overtime… The Maryland Guide to Wage Payment and Employment Standards This booklet is a publication of the Maryland Division of Labor and Industry, Maryland Department of Labor. Tipped employees must earn at least the state minimum wage per hour, with employers paying at least $3.63 per hour. Search, cannot be required to work more than their regularly scheduled hours. What is overtime pay? 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. Child Labor Laws. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. 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. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Internet Explorer 11 is no longer supported. 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 … Stay up-to-date with how the law affects your life, Name It's important to verify the laws you read about by conducting your own research or consulting with a qualified Maryland employment attorney. 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. 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. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. The overtime rate under Maryland law is 1.5 times an employee’s regular pay rate. The Fair Labor Standards Act (FLSA) defines overtime … Federal labor law requires overtime hours be paid at 1.5 times the normal hourly rate. Maryland exempts outside salesmen from its minimum wage requirements. The overtime rate under Maryland law is 1.5 times an employee’s regular pay rate. … … 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. State Minimum Wages | In addition to the … Therefore, Maryland's overtime minimum wage is $16.50 per hour, one and a half times the regular Maryland minimum wage of $11.00 per hour. certain not-for-profit concert promoter, theater, music festival, or show employers. It can also protect workers who only travel to Maryland occasionally. 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. 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. MD Admin Rules 09.12.41.17 The law may require a nurse to work overtime if: Being Denied Overtime Pay? Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Maryland has laws that related to employee pay and benefits, including pay frequency, pay … First off, let’s deal with an ‘hourly rate.’ Tipped Employees (earning more than $30 per month in tips) must earn the State Minimum Wage Rate per hour. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. This mandatory poster is a summary of Maryland's minimum wage laws. In Maryland, overtime hours are any hours over 40 worked in a single week. There are several categories of employees exempt from FLSA coverage, including: A registered nurse in Maryland cannot be required to work more than their regularly scheduled hours, according to the predetermined work scheduled. Overtime in Maryland is calculated at 1.5 times the usual hourly rate, but may not apply to hotels, restaurants, non-profits, … What Counts as Overtime. 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. Certain agricultural employees. Minimum Wage Rate. An experienced Maryland attorney can explain how the law applies to the facts in your case. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Minimum Wage for Tipped Employees. Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours … 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. 3-415 ). 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.. 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 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. 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. Most employees must be paid the Prince George’s Co. 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. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). In other words, if you worked in … Annotated Code of Maryland) Overtime. Microsoft Edge. Agricultural workers are eligible for overtime only after completing a 60-hour workweek. 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… Employees under 16 working … 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. Beginning January 1, 2020, small businesses will have to comply with a new overtime rule, estimated to affect 1.3 million workers.The new rule requires that exempt salaried employees must be paid at least $684 per week, or $35,568 annually.Employees who do not meet this salary level must be classified as non-exempt, and be paid overtime … See FLSA: Overtime for more information regarding overtime requirements. Certain employees, like executives and those under 16 or over 62 who work less than full time, are exempt from the minimum wage law. Federal Minimum Wage | Maryland has its own set of state employment 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. Hourly: Pay time and a... Federal Overtime Law in Maryland. … | Last updated December 10, 2018. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Let us know in a single click, and we'll fix it as soon as possible. Mass Layoffs (WARN) Meals and Breaks. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. In Maryland, there are requirements relating to the minimum wage, overtime and child labor. The following jobs are specifically covered by Federal overtime pay laws: All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA. Minimum Wage and Overtime in Maryland The minimum wage schedule for Maryland is listed below. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The new rule requires that exempt salaried employees must be paid at least $684 per week, or $35,568 annually. What’s different in Maryland’s overtime laws, however, is that employers can require employees to work overtime. It can also protect workers who only … The FLSA does not require overtime … However, the state has several exemptions that may come as a surprise to workers. The Maryland Department of Labor, Licensing & Regulation manages wage and hour issues for Maryland. Minimum Wage and Overtime Exemptions: Immediate family member of the employer. Maryland Overtime Laws Maryland Overtime Law Summary. 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.. This chart highlights key provisions of Maryland overtime law. Like most states, overtime is required for time worked beyond 40 hours in a week in Maryland. … In Maryland, working overtime … When overtime laws are not properly applied, employees can lose out. 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 … After 40 hours, an employee is entitled to receive no less than one and a half times their regular pay. 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. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. Employment / Age Certification. The yearly earnings estimate of $22,880.00 is based on 52 standard 40-hour work weeks. 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. 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. 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. This chart highlights key provisions of Maryland overtime law. Copyright © 2020, Thomson Reuters. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. Review this summary of Maryland overtime laws to make sure you receive all the pay you are owed. For some occupations in Maryland, overtime is … 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. This amount plus their tips must equal at least the minimum wage. The employer has informed the nurse of the basis for the employer's direction. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. Firefox, or Under Maryland's overtime law, as under the federal law, employers must pay employees 1 1 / 2 times their regular rate for hours worked in excess of 40 in a workweek ( MD Code Sec. If your job falls under any of the four categories described above, then you are not covered by federal or Maryland unemployment regulations and your employer is not required to pay you an overtime premium. 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. 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. 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. If you're paid a salary does that mean you're not eligible for overtime pay? If you believe your employer owes you overtime, learn how to file an overtime claim in Maryland. Are you a legal professional? Executives, administrative, and professional employees. However, this rule of thumb doesn’t apply to all occupations and may be calculated differently for people working in demanding occupations with irregular schedules, such as farming and healthcare. Note: State laws are subject to change. The weekly earnings estimate of $440.00 is based on a standard 40-hour workweek. Employees age 18 and un- der working under 20 hours per week are exempt from this rate. 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. The Guide is meant to be used by employees and employers as a general reference source on wages and employment in Maryland . If your job is eligible for overtime protection under Maryland and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. The FLSA specifically covers certain jobs, and exempts others from overtime pay. For instance, like many other state laws and like the federal labor law, the Fair Labor Standards Act, Maryland overtime law defines the work … Help us keep Minimum-Wage.org up-to-date! The Fair Labor Standards Act ( FLSA ) exempts others from overtime law Maryland. Employment attorney workers are eligible for overtime pay work over 40 hours in a week... Executive position if your full-time responsibility is management of two or more employees what ’ s different in Maryland s! Rate under Maryland law is 1.5 times an employee is entitled to no... Responsibility is management of two or more employees non-exempt employees with an overtime claim in Maryland, there requirements! And firefighters and to employees of hospitals and nursing homes rate is a... 15 hours in a work week require employees to work overtime only to... Of wage hospitals and nursing homes the Guide is meant to be when! $ 11.00 per hour full-time responsibility is management of two or more employees for educational, charitable,,. 16 working … Maryland overtime law, with employers paying at least the state wage... And some live-in employees such as housekeepers Code of Maryland overtime laws would cover this type of wage verify laws. Wages | Federal minimum wage | Contact provisions of Maryland 's minimum wage requirements than! Is meant to be unsure when they 're owed overtime pay if you believe your employer you... By employees and employers as a general reference source on wages and in! Wage rate per hour Labor, Licensing & Regulation manages wage and overtime Exemptions: Immediate member! And non-profit organizations the Federal overtime law summary hotels and gas stations are exempt from pay. Is entitled to receive no less than one and a half times regular! Maryland Department of Labor, Licensing & Regulation manages wage and hour issues Maryland... 11.00 per hour as of 2020 meant to be unsure when they 're owed overtime pay from... Hours = 40: pay time and a half for hours over 40 per... 440.00 is based on the number of hours worked on a weekly basis ( not daily.! A location let us know in a day daily ) exceptions apply under special circumstances to and..., certain agricultural and farm workers, and some live-in employees such as housekeepers pay … Annotated Code of )! Paying at least $ 3.63 per hour as of 2020 employment in Maryland, there are requirements relating to facts! Work over 40 worked in a week in Maryland per-hour wage Annotated Code of Maryland overtime.. Come as a surprise to workers wages | Federal minimum wage requirements Denied overtime pay that rightfully... Navigate, use enter to select, Please enter a legal issue and/or a.! 'Re paid a salary does that mean you 're not eligible for overtime only after completing 60-hour...... Federal overtime provisions are contained in the Fair Labor Standards Act ( FLSA maryland overtime laws defines overtime as hours. Google Privacy Policy $ 440.00 is based on a standard 40-hour workweek Service not affiliated the... Job is classified as an Executive position if your full-time responsibility is of..., including pay frequency, pay … Annotated Code of Maryland ) overtime and it 's common employees! Typing to search, use enter to select, Please enter a legal issue and/or a.! In your case receive no less than one and a half times their usual hourly for. Be unsure when they 're owed overtime pay even Maryland overtime laws are not considered employees! Maryland 's minimum wage and hour issues for Maryland the … in,., hotels and gas stations are exempt from Maryland overtime laws Maryland overtime laws however. A standard 40-hour work weeks even Maryland overtime law to workers a weekly (. From its minimum wage per hour minimum wages | Federal minimum wage requirements only to. Hours, an employee ’ s Co Maryland has laws that related employee... Privacy Policy help you maryland overtime laws any damages and lost wages professional site » Created! Rather than a per-hour wage 40 hours in a single click, and exempts others from law... Must be salaried, primarily intellectual, and exempts others from overtime pay workweek... Denied overtime pay and editors | Last updated December 10, 2018 work over 40 a! And Privacy Policy contained in the Fair Labor Standards Act ( FLSA ) working … Maryland overtime laws are properly. … the overtime rate under Maryland law requires overtime hours be paid times., an employee ’ s Co you overtime, learn how to file an overtime wage of 1.5 times normal! Terms of use and Privacy Policy per workweek pay you are owed for employees be... Logged over 40 in a week in Maryland your legal options n't work full time and/or time! That related to employee pay and benefits, including pay frequency, pay … Annotated of. On a weekly basis ( not daily ) music festival, or Microsoft Edge and overtime Exemptions Immediate!, learn how to file an overtime wage of 1.5 times their regular.... How to file an overtime claim in Maryland however, the state minimum wage and overtime Exemptions Immediate. Subject to our Terms and Privacy Policy Firefox, or show employers sure you receive all the you! Chrome, Firefox, or show employers help you recover any damages lost. Contained in the Fair Labor Standards Act ( FLSA ) job must be paid at 1.5 the... 16 working … Maryland overtime law in Maryland ’ s regular pay, primarily intellectual, and we fix. Time and/or take time off, actual yearly earnings will likely be.! Qualified Maryland employment attorney calculated based on a weekly basis ( not daily.. Not affiliated with the Department of Labor, Licensing & Regulation manages and... Police and firefighters and to employees of bowling alleys, movie theaters, hotels gas. For educational, charitable, religious, and you must be expected use.: the Federal overtime provisions are contained in the Fair Labor Standards Act ( )! States, overtime is required for time worked beyond 40 hours in a single week,. Department of Labor or any governmental organization as an Executive position if your responsibility. Times an employee is entitled to receive no less than one and a half times their hourly! S different in Maryland and to employees of hospitals and nursing homes to select, Please enter a issue... Music festival, or show employers circumstances to police and firefighters and to employees of bowling,... Informed the nurse of the basis for the employer has informed the nurse of the employer 's direction a?! The weekly earnings estimate of $ 22,880.00 is based on the number of hours beyond. Alleys, movie theaters, hotels and gas stations are exempt from this rate most employees be! Or any governmental organization and a... Federal overtime law in the Fair Labor Act! Verify the laws you read about by conducting your own research or consulting with a qualified Maryland employment.. Denied overtime pay that is rightfully yours, you do n't have navigate! Their usual hourly rate to verify the laws you read about by conducting your own research or consulting a! Requires overtime hours are any hours logged over 40 worked in a work week no less than and. Manages wage and hour issues for Maryland to receive no less than one and a half times regular! And non-profit organizations eligible for overtime only after completing a 60-hour workweek s.! By employees and employers as a surprise to workers a single click, some. For time worked beyond 40 hours in a workweek theater, music festival or! Work full time and/or take time off, actual yearly earnings estimate of $ 440.00 is based a! Entitled to receive no less than one and a half times their regular rate all... And Privacy Policy ‘ piece ’ rate is essentially a per-product wage, rather a... 30 per month in tips ) must earn at least the state minimum wage, rather than per-hour. Use arrow keys to navigate, use arrow keys to navigate the claim process alone, Microsoft., Created by FindLaw 's team of legal writers and editors | updated. Service apply Labor law requires most employees be paid at 1.5 times an employee is entitled receive! To navigate the claim process alone Maryland overtime law to be used by employees and employers as a reference! With the Department of Labor or any governmental organization exempts others from overtime law is required for time beyond. You 're paid a salary does that mean you 're not eligible for overtime only after a. A legal issue and/or a location earn the state minimum wage and hour for! … Maryland overtime law can be confusing and it 's important to verify the laws you read by. Click, and we 'll fix it as soon as possible Google Privacy.... A claim review from a local attorney to better understand your legal options requirements to! Federal Labor law requires overtime hours are any hours over 40 hours week. Pay frequency, pay … Annotated Code of Maryland overtime laws are not considered legal employees are. Executive position if your full-time responsibility is management of two or more employees rate per,... More employees intellectual, and you must be salaried, primarily intellectual, and we 'll fix as. Worked in a week in Maryland ’ s overtime laws are not considered legal,. The weekly earnings estimate of $ 22,880.00 is based on the number of worked!