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Maryland Overtime Laws

Overtime law can be confusing and it's common for employees to be unsure when they're owed overtime pay. For example, if your boss tells you at the last minute that you must work a double shift or you're fired, is it legal? Do you get overtime pay if you work 15 hours in a day? If you're paid a salary does that mean you're not eligible for overtime pay?

When overtime laws are not properly applied, employees can lose out. Review this summary of Maryland overtime laws to make sure you receive all the pay you are owed.

Maryland Overtime Law Summary

This chart highlights key provisions of Maryland overtime law.

State and Federal Statutes
Overtime Calculation Methods:
  • Hourly: Pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.
Maryland Overtime Rules
  • Mandatory overtime is allowed
  • Overtime is calculated based on the number of hours worked on a weekly basis (not daily)
  • Employees of bowling alleys, movie theaters, hotels and gas stations are exempt from Maryland overtime law.
  • Registered nurses cannot be required to work overtime without following certain procedures
  • 2 years to make a Maryland or federal claim for unpaid overtime
Filing a Wage Complaint

Note: State laws are subject to change. It's important to verify the laws you read about by conducting your own research or consulting with a qualified Maryland employment attorney.

Maryland Overtime Laws

Maryland law requires most employees be paid 1.5 times their usual hourly rate for all work over 40 hours per workweek. However, the state has several exemptions that may come as a surprise to workers. For example, employees of bowling alleys, and facilities providing on-premises care to the sick, the aged, or individuals with disabilities (other than hospitals) are entitled to overtime after 48 hours of work in a week. Agricultural workers are eligible for overtime only after completing a 60-hour workweek.

Maryland law completely exempts the following types of employees from state overtime laws:

  • Food service employees at establishments with annual gross income less than $250,000
  • Movie theater employees
  • Hotel, motel, or gas station employees
  • Amusement or recreational business operating less than seven months a year
  • Employees under the age of 16 working less than 20 hours per week
  • Employees over the age of 62 working less than 25 hours per week
  • Food processing employees
  • Non-administrative summer camp staff

Federal Overtime Law in Maryland

Employees not covered by state overtime provisions may still be eligible for similar benefits under the federal Fair Labor Standards Act (FLSA). This law provides non-exempt employees with an overtime wage of 1.5 times their regular rate for hours worked beyond 40 hours in a workweek. For example, a gas station employee who is exempt under state law would be covered by FLSA if they accepted credit cards from customers as part of their job or their employer made gross revenue at least $500,000.

An employee is exempt from the FLSA when their specific job duties (not just job title) and salary meet all the requirements set by the U.S. Department of Labor. A typical exempt employee is one who performs supervisory or executive duties and is paid on a salary basis not less than $455 per week. There are several categories of employees exempt from FLSA coverage, including:

  • Executives and Managers
  • Administrators
  • Outside Salespeople
  • Learned professionals, including CPA, lawyers, and physicians

Nurses Are Not Required to Work Overtime

A registered nurse in Maryland cannot be required to work more than their regularly scheduled hours, according to the predetermined work scheduled. The law may require a nurse to work overtime if:

  • The work is a consequence of an emergency which wasn't reasonably anticipated;
  • The emergency is nonrecurring and is not caused by or aggravated by the employer's inattention or lack of reasonable contingency planning;
  • The employer has exhausted all good faith, reasonable attempts to obtain voluntary workers during the succeeding shifts;
  • The nurse has critical skills and expertise that are required for the work;
  • The standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure; or
  • The employer has informed the nurse of the basis for the employer's direction.

Being Denied Overtime Pay? Get a Legal Claim Review

If you're being denied overtime pay that is rightfully yours, you don't have to navigate the claim process alone. An experienced Maryland attorney can explain how the law applies to the facts in your case. They can also help you recover any damages and lost wages. Receive a claim review from a local attorney to better understand your legal options.

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