Maryland Minimum Wage and Overtime Exemptions




Executive exemption

Maryland exempts executive employees from its minimum wage requirements. MD Statutes, Labor and Employment Article 3-403 It has adopted the regulations regarding the exemption for executive employees as set forth pursuant to the Fair Labor Standards Act and its regulations. MD Admin Rules 09.12.41.05



Administrative exemption

Maryland exempts administrative employees from its minimum wage requirements. MD Statutes, Labor and Employment Article 3-403 It has adopted the regulations regarding the exemption for administrative employees as set for in the Fair Labor Standards Act and its regulations. MD Admin Rules 09.12.41.01



Professional exemption

Maryland exempts professional employees from its minimum wage requirements. MD Statutes, Labor and Employment Article 3-403 It has adopted the regulations regarding the exemption for professional employees as set for in the Fair Labor Standards Act and its regulations. FL Stat. 448.110(3). MD Admin Rules 09.12.41.17




Outside salesman exemption

Maryland exempts outside salesmen from its minimum wage requirements. 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. FL Stat. 448.110(3). MD Admin Rules 09.12.41.17



Computer employee exemption

Maryland exempts computer systems analysts, computer programmers, software engineers, and other similarly skilled workers from its minimum wage requirements as professional employees. MD Statutes, Labor and Employment Article 3-403(a)(3); MD Admin Rules 09.12.41.23 It has adopted the regulations regarding the exemption for computer systems analyst, computer programmer, software engineer, or other similarly skilled workers as set for in the Fair Labor Standards Act and its regulations. MD Admin Rules 09.12.41.23



Other minimum wage and overtime exemptions

Maryland also exempts the following employees from its minimum wage and overtime requirements:

  • individuals working in a nonadministrative capacity at an organized camp, including a resident or day camp;
  • individuals compensated on a commission basis;
  • individuals who are at least 62 years old and who are employed no more than 25 hours in a week;
  • children, parents, spouses, or other members of the immediate family of the employer;
  • individuals working in a motion picture or drive-in theater;
  • individuals working as part of the training in a special education program for emotionally, mentally, or physically handicapped students under a public school system;
  • individuals working for an employer who is engaged in canning, freezing, packing, or first processing of perishable or seasonal fresh fruits, vegetables, or horticultural commodities, poultry, or seafood;
  • individuals who engage in the activities of a charitable, educational, not for profit, or religious organization if:
    • the service is provided gratuitously; and
    • there is, in fact, no employer-employee relationship.
  • individuals working in a cafe, drive-in, drugstore, restaurant, tavern, or other similar establishment that:
    • sells food and drink for consumption on the premises; and
    • has an annual gross income of $250,000 or less.
  • individuals working in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural-worker days;
  • individuals working principally in the range production of livestock; or
  • individuals working as a hand-harvest laborer and is paid on a piece-rate basis in an operation that, in the region of employment, has been and customarily and generally is recognized as having been paid on that basis, if:
    • the individual:
      • commutes daily from the permanent residence of the individual to the farm where the individual is employed; and
      • during the preceding calendar year, was employed in agriculture less than 13 weeks; or
    • the individual:
      • is under the age of 17;
      • is employed on the same farm as a parent of the individual or a person standing in the place of the parent; and
      • is paid at the same rate that an employee who is at least 17 years old is paid on the same farm.

    MD Statutes, Labor and Employment Article 3-403



    Overtime only exemptions

    Maryland exempts the following employees from its overtime requirements only. Employers must comply with any minimum wage requirements related to these employees.

    • employees subject to 49 U.S.C. § 10501;
    • employees of hotels or motels;
    • employees of restaurants;
    • employees of gasoline service stations where the employer is engaged primarily in selling gasoline and lubricating oil, even if the employer sells other merchandise or performs minor repair work;
    • employees of bona fide private country clubs;
    • employees of a not for profit entities and are engaged primarily in providing temporary at–home care services, such as companionship or delivery of prepared meals, to aged or sick individuals, individuals with disabilities, or individuals with a mental disorder;
    • employees of not for profit concert promoters, legitimate theaters, music festivals, music pavilions, or theatrical shows; or
    • employees of amusement or recreational establishments, including a swimming pool, if the establishment:
      • operates for no more than 7 months in a calendar year; or
      • for any 6 months during the preceding calendar year, has average receipts in excess of one–third of the average receipts for the other 6 months;
    • employees for whom the United States Secretary of Transportation may set qualifications and maximum hours of service under 49 U.S.C. § 31502;
    • mechanics, partspersons, or salespersons who primarily sell or service automobiles, farm equipment, trailers, or trucks, if the employer is engaged primarily in selling those vehicles to ultimate buyers and is not a manufacturer;
    • drivers if the employer is engaged in the business of operating taxicabs; or
    • unless a collective bargaining agreement between an employer and a labor organization provides otherwise, employees of the employer if:
      • the employer is subject to Title II of the federal Railway Labor Act;
      • the employer does not require the employees to work more than 40 hours during 1 workweek; and
      • the employees voluntarily enter into an agreement with other employees to trade scheduled work hours and as a result the employees works more than 40 hours during a single workweek.

    MD Statutes, Labor and Employment Article 3-415