Maryland Overtime Pay Law

Maryland law concerning overtime pay is located in the sections below of the Code of Maryland.

• 3-415. Payment of overtime.
• 3-420. Overtime.
• 3-421. Nurses, Mandatory overtime.
• 3-428. Prohibited acts; penalties.

(a) General requirement. Except as otherwise provided in this section, each employer shall pay an overtime wage of at least 1.5 times the usual hourly wage, computed in accordance with Sec. 3-420 of this Subtitle.(b) Exceptions for employers. This section does not apply to an employer that is:

(1) subject to 49 U.S.C. Sec. 10501;(2) an establishment that is a hotel or motel;(3) an establishment that is a restaurant;(4) considered a gasoline service station because the employer is engaged primarily in selling gasoline and lubricating oil, even if the employer sells other merchandise or performs minor repair work;(5) a bona fide private country club;(6) a not for profit entity and is engaged primarily in providing temporary at-home care services, such as companionship or delivery of prepared meals, to aged, disabled, handicapped, or sick individuals or individuals with a mental disorder;(7) a not for profit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or(8) an amusement or recreational establishment, including a swimming pool, if the establishment:

(i) operates for no more than 7 months in a calendar year; or(ii) 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.

(c) Exceptions for employees. This section does not apply to an employer with respect to:

(1) an employee for whom the United States Secretary of Transportation may set qualifications and maximum hours of service under 49 U.S.C. Sec. 31502;(2) a mechanic, partsperson, or salesperson who primarily sells or services automobiles, farm equipment, trailers, or trucks, if the employer is engaged primarily in selling those vehicles to ultimate buyers and is not a manufacturer; or(3) a driver if the employer is engaged in the business of operating taxicabs.

3-420. Overtime.
In general. Except as otherwise provided in this section, an employer shall compute the wage for overtime under Sec. 3-415 of this subtitle on the basis of each hour over 40 hours that an employee works during 1 workweek.(b) Music or theater craft or trade. Notwithstanding Sec. 3-415(b)(8) of this subtitle, an employer that is not a not for profit organization and is a concert promoter, legitimate theater, music festival, music pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in subsection (a) of this section.(c) Farm work. The wage for overtime may be computed on the basis of each hour over 60 hours that an employee works during 1 workweek for an employee who:

1. (1) is engaged in agriculture; and(2) is exempt from the overtime provisions of the federal Act.

(d) Bowling establishments; infirmaries. The wage for overtime may be computed on the basis of each hour over 48 hours that an employee works during 1 workweek:

(1) for an employee of a bowling establishment; and(2) for an employee of an i

3-421. Nurses, Mandatory overtime.

(a) In this section, "nurse" means a licensed practical nurse or a registered nurse as defined in Section 8-101 of the Health Occupations Article.

(b) Except as provided in subsections (c) and (d) of this section, an employer may not require a nurse to work more than the regularly scheduled hours according to the predetermined work schedule.

(c) A nurse may be required to work overtime if:

(1) The work is a consequence of an emergency situation which could not have been reasonably anticipated;

(2) The emergency situation is nonrecurring and is not caused by or aggravated by the employer's inattention or lack of reasonable contingency planning;

(3) The employer has exhausted all good faith, reasonable attempts to obtain voluntary workers during the succeeding shifts;

(4) The nurse has critical skills and expertise that are required for the work;

(5) The standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure; and

(6) (i) The employer has informed the nurse of the basis for the employer's direction; and

(ii) That basis satisfies the other requirements for mandatory overtime listed under this subsection.

(d) In addition to the provisions of subsection (c) of this section, a nurse may be required to work overtime if:

(1) A condition of employment includes on-call rotation; or

(2) The nurse works in community-based care.

(e) This section may not be construed to prohibit a nurse from voluntarily agreeing to work more than the number of scheduled hours provided in this section.

(f) (1) Except as provided in subsections (c) and (d) of this section, a nurse may not be considered responsible for the care of a patient beyond the nurse's predetermined work schedule if the nurse:

(i) Has notified another appropriate nurse of the patient's status; and

(ii) Has transferred responsibility for the patient's care to another appropriate nurse or properly designated individual.

(2) The employer shall exhaust all good faith, reasonable attempts to ensure that appropriate staff is available to accept responsibility for a patient's care beyond a nurse's predetermined work schedule.

3-424. Wage records. Each employer shall keep, for at least 3 years, in or about the place of employment, a record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay of each employee;

(3) the amount that is paid each pay period to each employee;

(4) the hours that each employee works each day and workweek; and

(5) other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.

3-428. Prohibited acts; penalties.

(a) Prohibited acts of employers. An employer may not:

(1) pay or agree to pay less than the wage required under this subtitle;

(2) hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle;

(3) discharge an employee because the employee:

(i) makes to the employer, the Commissioner, or an authorized representative of the Commissioner a complaint that the employee has not been paid in accordance with this subtitle;

(ii) brings an action under this subtitle or a proceeding that relates to the subject of this subtitle; or

(iii) has testified in an action under this subtitle or a proceeding related to the subject of this subtitle; or

(4) violate any other provision of this subtitle.

(b) Prohibited acts of employees. An employee may not:

(1) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

(2) in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or

(3) in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.

(c) Penalty. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.