Trying to figure out whether or not you are eligible for overtime pay can be frustrating, especially when you’re busy working more than 40 hours in a week. If you’re an employee in Maryland, knowing the laws that govern how employers pay employees for working overtime is essential to help ensure you make the money you deserve. Make sure you review the Maryland overtime laws so that you know whether or not you’re receiving the proper compensated for the work you do.
Law Summary for Maryland Overtime Law
Below Is an Outline of Critical Maryland Overtime Law Components.
State/Federal Statutes
Fair Labor Standards Act of 1938 (FLSA)
Maryland Labor and Employment § 3-415 Overtime Law
Methods For Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
Overtime Rules in Maryland
Employers can mandate overtime
To calculate overtime pay, employers must use the hours worked each week, not day.
The following employees are exempt from overtime pay:
Bowling Allies
Movie Theaters
Hotels
Gas Stations
Registered nurses can only work overtime if they follow certain procedures
All unpaid overtime claims in Maryland must be made within two years
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Maryland Dept. of Labor, Licensing and Regulation
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Overtime Laws for Maryland
Employees who work more than 40 hours in a single workweek are required by Maryland law to receive compensation at an overtime rate of 1.5x their standard salary. There are exceptions to this law that employees need to understand to make sure they qualify for this compensation. Certain positions, like those that care for the sick, aged, and elderly in care facilities and those who work in bowling alleys receive overtime after 48 hours of work. Agricultural workers have different employment regulations for overtime pay as well, receiving compensation after 60 hours in a standard workweek.
These employees are exempt from overtime pay under Maryland law:
Amusement/Recreational Employees (open for less than seven months per year)
Employees over 62 working less than 25 hours in a single workweek
Minors under 16 working under 20 hours each week
Employees Working in Food Processing
Employees Working at Food Service business that make less than $250,000 per year
Gas Station, Motel, or Hotel Employees
Employees of Movie Theaters
Summer Camp Staff in Non-Administrative Roles
Maryland Overtime and Federal Law
Under the federal Fair Labor Standards Act (FLSA), employees can still be covered by benefits not provided by state laws. The FLSA aims to ensure that non-exempt employees who work more than 40 hours in a single workweek receive 1.5x their standard rate of pay. Employees who may be exempt by Maryland state laws, but classified as non-exempt under federal law would still receive overtime compensation.
If an employee meets the requirements of exempt status under the FLSA, then they would qualify as exempt. Their job duties, not just the job title, dictate whether or not they are exempt. Two main qualifications for exempt status is an employee who receives payment of more than $455 per week and performs supervisory or executive duties as part of their job.
Nurses in Maryland must only work the normal hours scheduled as defined by previous work schedules. However, there are some instances where nurses could be required to work overtime:
An unanticipated emergency in which work was needed
A repeated instance due to an employer’s failure to plan and act responsibly or have the right backup plans in place
Voluntary workers could not be found during the crisis despite sound efforts
The situation requires the nurses a specific set of skills for the task at hand
The nurse is involved in a situation where s/he needs to continue carrying out care until completion.
The nurse has been directed by the employer on the reasoning behind the action
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions.
He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
I work as a home health rn on a per visit basis contract in maryland and have never received a salary. Am I able to received overtime pay once I exceed the contract amount for the week?
Michael D
Overtime payment. Employed in a Residential program servicing mental health consumer with addiction. Schedule: Mon. to. Sun
6am to 11pm
I work as a home health rn on a per visit basis contract in maryland and have never received a salary. Am I able to received overtime pay once I exceed the contract amount for the week?
Overtime payment. Employed in a Residential program servicing mental health consumer with addiction. Schedule: Mon. to. Sun
6am to 11pm