This subtitle does not apply to an individual who:
(1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive, or professional;
(2) is employed in a nonadministrative capacity at an organized camp, including a resident or day camp;
(3) is under the age of 16 years and is employed no more than 20 hours in a week;
(4) is employed as an outside salesman;
(5) is compensated on a commission basis;
(6) is a child, parent, spouse, or other member of the immediate family of the employer;
(7) is employed in a drive-in theater;
(8) is employed as part of the training in a special education program for emotionally, mentally, or physically handicapped students under a public school system;
(9) is employed by 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;
(10) engages in the activities of a charitable, educational, nonprofit, or religious organization if:
(i) the service is provided gratuitously; and
(ii) there is, in fact, no employer-employee relationship;
(11) is employed in a cafe, drive-in, drugstore, restaurant, tavern, or other similar establishment that:
(i) sells food and drink for consumption on the premises; and
(ii) has an annual gross income of $400,000 or less;
(12) is employed in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural-worker days;
(13) is engaged principally in the range production of livestock;
(14) is employed 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:
(i) the individual:
1. commutes daily from the permanent residence of the individual to the farm where the individual is employed; and
2. during the preceding calendar year, was employed in agriculture less than 13 weeks; or
(ii) the individual:
1. is under the age of 17;
2. is employed on the same farm as a parent of the individual or a person standing in the place of the parent; and
3. is paid at the same rate that an employee who is at least 17 years old is paid on the same farm; or
(15) is a covered employee under the Secure Maryland Wage Act.
Credits
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2014, c. 262, § 1, eff. July 1, 2014; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017; Acts 2021, c. 671, § 1, eff. Oct. 1, 2021; Acts 2021, c. 672, § 1, eff. Oct. 1, 2021.
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
