Maryland Overtime laws & HR compliance analysis

Maryland Overtime: What you need to know

Under Maryland's overtime law, as under the federal law, employers must pay employees 11/2 times their regular rate for hours worked in excess of 40 in a workweek (MD Code Sec. 3-415). Maryland does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work). For some occupations in Maryland, overtime is calculated on the basis of a different period of time. Certain farmworkers, for example, receive overtime for hours worked over 60 in a week. However, under state and federal laws, some employers are exempt from the requirement to pay overtime, and some employees are exempt from the right to receive it. Leave hours, including vacation, sick time, and holiday, are not counted toward the accumulated hours in a week for overtime purposes. Overtime is calculated on hours actually worked. Maryland employers that do not pay overtime earned may owe triple damages to the employees violated.
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Maryland law provides for numerous exemptions from the state overtime requirements:
Maryland law exempts anyone employed in a bona fide executive, administrative, or professional capacity from overtime pay requirements. Maryland follows the federal definitions for exempt executive, administrative, and professional employees.
Several occupations and industries are exempt from the provisions of Maryland's law, including (MD Code Sec. 3-415):
• Outside commissioned salespeople
• Certain computer professionals who meet the federal salary and duties tests for exemption
• Employees of certain seasonal amusement or recreational ...

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