§ 3-403
437 words·~2 min read·
/md/labor-and-employment/3-403·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–403.
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;
(15)is a covered employee under the Secure Maryland Wage Act; or
(i)has entered into a contract to play baseball at the minor league level; and
(ii)is compensated in accordance with the terms of a collective bargaining agreement that expressly states the wages and working conditions of employees.