Employment and Labor Laws

Maryland

Maryland Hours Worked Laws


Hours worked

Maryland employers must pay employees for all hours worked which is defined as time an employee is required to be on duty at the employer’s premises or prescribed workplace. MD Admin Rules 09.12.41.10 Hours worked includes all time employees are required to be at work even if they are not officially on the clock. See MD Dept. of Labor: Compensable Time


Workweek

Maryland defines a workweek as consisting of a period of 168 consecutive hours that is fixed and regularly recurring. It may begin at any hour of the day on any day of the workweek. MD Admin Rules 09.12.41.23


Waiting time

Maryland’s minimum wage law does not specifically address when employers must count employees waiting time as hours worked for purposes of minimum wage and overtime requirements. Based on the definition of hours worked, an employer is likely required to pay an employee for on-call time if they are required to remain at the employer’s premises or other designated workplace. MD Admin Rules 09.12.41.10, MD Dept. of Labor: Compensable Time The standards set forth pursuant to the federal Fair Labor Standards Act regarding waiting time may provide reasonable guidance.


On-call time

Maryland’s minimum wage law does not specifically address when employers must count employees on-call time as hours worked for purposes of minimum wage and overtime requirements. Based on the definition of hours worked and Maryland’s Department of Labor, an employer is likely required to pay an employee for on-call time if they are required to remain at the employer’s premises or other designated workplace. Employers are likely not required to pay an employee for on-call time if the employee is free to leave the employer’s premises without possibility of consequence to use the time for their own purposes and are expect to engage in work when instructed by the employer to do so. MD Admin Rules 09.12.41.10, MD Dept. of Labor: Compensable Time The standards set forth pursuant to the federal Fair Labor Standards Act regarding on-call time may provide reasonable guidance.


Sleeping time

Maryland’s minimum wage law does not specifically address when employers must count employees sleeping time as hours worked for purposes of minimum wage and overtime requirements. Based on the definition of hours worked and Maryland’s Department of Labor, an employer is likely required to pay an employee for sleeping if the employee is permitted by the employer to sleep and must remain on the employer’s premises for anytime less than 24 hours. MD Admin Rules 09.12.41.10, MD Dept. of Labor: Compensable Time The standards set forth pursuant to the federal Fair Labor Standards Act regarding sleeping time may provide reasonable guidance.


Travel time

Maryland’s minimum wage law required employers to pay an employee for travel time when:

  • the travel is during regular work hours;
  • the travel if from one worksite to another; or
  • the employee is called out after work hours in emergency situations.

MD Admin Rules 09.12.41.10


Meeting, lecture, and training time

Maryland’s minimum wage law does not specifically address when employers must pay employees for time spent at meetings, lectures, or training. Based on the definition of hours worked, an employer is likely required to pay an employee for time spent at meetings, lectures, or training if they are required to attend and the employee reasonably believe they will be disciplined if they do not. MD Admin Rules 09.12.41.10 The standards set forth pursuant to the federal Fair Labor Standards Act regarding meeting, lecture, and training time may also provide reasonable guidance.


Show up or reporting time

Maryland law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.


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