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Overtime Laws in Maryland

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    Maryland Labor and Employment Statutes

    • 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.

    Exceptions

    • 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.

    Federal 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.

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