Overtime Laws in Maryland
- Maryland's overtime pay laws are a major part of its labor and employment statutes.State House Dome - Annapolis, Maryland image by dwight9592 from Fotolia.com
The Maryland Labor and Employment Statutes, like many state labor laws, require employees to receive additional hourly pay if they work more than the legally established work week. In Maryland, the work week is 40 hours, which equates to about eight hours per day for five days a week. Some employees, such as those in agriculture, can work up to 60 hours without being legally required to receive overtime pay. Federal laws also create overtime pay restrictions that apply to all of the states, including Maryland. - The primary state law governing overtime wages in Maryland is the Labor and Employment Statute. The provisions of this statute apply anywhere federal law does not; for example, the statute requires that employers pay the higher of either Maryland's or the federal minimum wage. In terms of overtime law, the Maryland statute sets the work week at 40 hours and requires that any time worked over this level be compensated at 1.5 times the regular hourly wage. This overtime wage varies according to the employee--it is based on the regular hourly wage of the employee, not the minimum wage for all employees.
- While the Maryland statute sets the work week at a maximum of 40 hours, it also sets aside certain industries as exceptions from this provision. Agricultural employees and those exempt from federal overtime provisions are required overtime pay for work weeks that exceed 60 hours. Nonprofit employees in the arts--especially performing arts--are also exempt from the 40-hour week provision, though these employees' compensation may be subject to the provisions of union contracts. Finally, employees in nursing homes and bowling alleys also have a longer work week, extended to 48 hours under Maryland law.
- The federal overtime laws are also binding in the state of Maryland. Usually this is only the case where federal laws are stricter than state laws. The chief federal law regulating overtime is the Fair Labor Standards Act, which requires overtime pay for employees who work more than 40 hours in a week, just like the Maryland law. Also like the Maryland law, the FLSA comes with some exceptions. Under FLSA, those employees "whose duties necessitate irregular hours" do not necessarily require overtime pay, according the the Department of Labor.
Maryland Labor and Employment Statutes
Exceptions
Federal Law
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