Question

Is my employer required to pay me overtime in Maryland?

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Jacob Statman - Employment Litigation - Super Lawyers

Answered by: Jacob Statman

Located in Baltimore, MDSnider & Associates, LLC

Baltimore, MD
Phone: 410-653-9060
Fax: 410-653-9061

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Answer

Your employer may be legally required to pay you overtime, but it depends on a number of factors as outlined in federal and state laws. In general, the federal Fair Labor Standards Act (FLSA) says that all employees are entitled to overtime pay unless an employee falls into one of the narrowly construed exemptions. For Maryland employees, the Maryland Wage and Hour Laws further specify which categories of employees are entitled to overtime pay. While the Maryland Wage and Hour Laws are similar to the FLSA, they do contain some important differences which impact certain categories of employees.

The three main exemptions to entitlement to overtime pay under the FLSA are the (1) executive exemption, (2) the administrative exemption and (3) the professional exemption.

To qualify for the executive exemption, ALL of the following tests must be met:

The employee must receive a salary of at least $455 per week; the employee's primary duty must be to manage an enterprise or a division thereof; the employee must supervise at least two or more full-time employees; and the employee must have the authority to hire or fire other employees.

To qualify for the administrative exemption, ALL of the following tests must be met:

The employee must receive a salary of at least $455 per week; the employee's primary duty must be the performance of non-manual or office setting work; and the employee's work should include exercise of discretion and independent judgment with respect to matters of significance.

To qualify for the professional exemption, ALL of the following tests must be met:

The employee must receive a salary of at least $455 per week; the employee's primary duty must be the performance of work requiring advanced knowledge; the advanced knowledge must be in a field of science or learning; and the knowledge is usually obtained by a prolonged course of specialized learning.

It is important to realize that if an exemption does not apply, even if you are a salaried employee, you may still be entitled to overtime payment.

Employment laws are complicated, and often require the expertise of an experienced employment law attorney. If you feel that you need an advocate and experienced representative, I suggest you contact me at 410-653-9060 or at [email protected] I have represented thousands of employees in Maryland and across the country for cases in which employees were not paid properly, and have been instrumental in recovering more than $100,000,000 on behalf of those employees.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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