Maryland Overtime FAQ
Q. DOES MARYLAND HAVE ITS OWN OVERTIME LAW?
Yes. Maryland's law is called the "Maryland Wage and Hour Law." You can find it here. http://mlis.state.md.us/cgi-win/web_statutes.exe?gle&3-401
Q. WHAT DOES MARYLAND'S OVERTIME LAW REQUIRE?
Generally, it requires employers in Maryland to pay an overtime wage of at least 1.5 times an employee's usual hourly wage for all hours worked in excess of 40 in a workweek. There are exceptions to this rule.
Q. WHAT DOES IT MEAN TO BE EXEMPT FROM RECEIVING OVERTIME?
An exempt employee is an individual who is not entitled to overtime. Exempt status is determined by analyzing how an employee is paid and what his or her job duties are. Note: just because an employer deems an individual to be exempt does not he or she is actually exempt under Maryland law. Employers and employees should consult with an experienced lawyer before concluding that a particular individual is exempt.
Q. HAS MARYLAND ADOPTED THE NEW FEDERAL REGULATIONS GOVERNING THE ADMINISTRATIVE, EXECUTIVE AND PROFESSIONAL EXEMPTIONS?
Yes. Maryland adopted new regulations, effective February 13, 2006, adopting the Federal standards. http://www.dsd.state.md.us/comar/09/09.12.41.9999.htm
Q. WHAT DOES IT MEAN TO BE PAID ON A SALARY BASIS?
To qualify for the most common exemptions, employees generally must be paid on a "salary basis."Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be docked because of variations in the quality or quantity of the employee's work.
Q. ARE THERE DIFFERENCE BETWEEN MARYLAND'S OVERTIME LAW AND THE FEDERAL OVERTIME LAW?
Yes. Although the laws overlap, there are many differences between Maryland's Law and the Fair Labor Standards Act. One important difference is that the Maryland statute of limitations is three years while the Federal limitations period can be as short as two years.
Q. WHAT ARE THE REMEDIES UNDER MARYLAND'S LAW?
The Maryland Law allows employees to recover their unpaid overtime and reasonable counsel fees. Employees may also bring a claim under the Maryland Wage Payment and Collection Law, which allows for treble damages.
Q. DOES MY BREAK COUNT AS HOURS WORKED?
It depends. Maryland law does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break, however, does not have to pay wages for lunch periods or other breaks in excess of 20 minutes where the employee is free to leave the worksite (or workstation if leaving the workplace is physically impractical), in fact takes their lunch or break (whether freely choosing to leave or remain at the worksite), and the employee does not actually perform work. If employees are told their pay will be reduced each day by one-half hour for lunch, and they are not free to take this lunch period without an expectation or reasonable understanding that they must work or be on hand to work, they must be paid for the time. A "reasonable understanding" that they must work or be on hand to work is a condition in which it is generally known, or the employee reasonably believes, that failure to perform work (or be available "on hand" to perform work) during their break, will result in some negative effect on employment.
Yes. Maryland's law is called the "Maryland Wage and Hour Law." You can find it here. http://mlis.state.md.us/cgi-win/web_statutes.exe?gle&3-401
Q. WHAT DOES MARYLAND'S OVERTIME LAW REQUIRE?
Generally, it requires employers in Maryland to pay an overtime wage of at least 1.5 times an employee's usual hourly wage for all hours worked in excess of 40 in a workweek. There are exceptions to this rule.
Q. WHAT DOES IT MEAN TO BE EXEMPT FROM RECEIVING OVERTIME?
An exempt employee is an individual who is not entitled to overtime. Exempt status is determined by analyzing how an employee is paid and what his or her job duties are. Note: just because an employer deems an individual to be exempt does not he or she is actually exempt under Maryland law. Employers and employees should consult with an experienced lawyer before concluding that a particular individual is exempt.
Q. HAS MARYLAND ADOPTED THE NEW FEDERAL REGULATIONS GOVERNING THE ADMINISTRATIVE, EXECUTIVE AND PROFESSIONAL EXEMPTIONS?
Yes. Maryland adopted new regulations, effective February 13, 2006, adopting the Federal standards. http://www.dsd.state.md.us/comar/09/09.12.41.9999.htm
Q. WHAT DOES IT MEAN TO BE PAID ON A SALARY BASIS?
To qualify for the most common exemptions, employees generally must be paid on a "salary basis."Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be docked because of variations in the quality or quantity of the employee's work.
Q. ARE THERE DIFFERENCE BETWEEN MARYLAND'S OVERTIME LAW AND THE FEDERAL OVERTIME LAW?
Yes. Although the laws overlap, there are many differences between Maryland's Law and the Fair Labor Standards Act. One important difference is that the Maryland statute of limitations is three years while the Federal limitations period can be as short as two years.
Q. WHAT ARE THE REMEDIES UNDER MARYLAND'S LAW?
The Maryland Law allows employees to recover their unpaid overtime and reasonable counsel fees. Employees may also bring a claim under the Maryland Wage Payment and Collection Law, which allows for treble damages.
Q. DOES MY BREAK COUNT AS HOURS WORKED?
It depends. Maryland law does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break, however, does not have to pay wages for lunch periods or other breaks in excess of 20 minutes where the employee is free to leave the worksite (or workstation if leaving the workplace is physically impractical), in fact takes their lunch or break (whether freely choosing to leave or remain at the worksite), and the employee does not actually perform work. If employees are told their pay will be reduced each day by one-half hour for lunch, and they are not free to take this lunch period without an expectation or reasonable understanding that they must work or be on hand to work, they must be paid for the time. A "reasonable understanding" that they must work or be on hand to work is a condition in which it is generally known, or the employee reasonably believes, that failure to perform work (or be available "on hand" to perform work) during their break, will result in some negative effect on employment.
posted by James Edward Rubin at
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