The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Under the Maryland Wage and Hour Law, many (if not most) employees in Maryland are entitled to receive 1.5 times their “usual hourly wage” for any hours they work over 40 in a workweek. part 541 with an effective date of January 1, 2020.WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. I keep hearing things about being exempt or non-exempt. This booklet is not exhaustive, however, and should not be cited as legal authority or used as a substitute for legal advice. The length of the break depends on the duration of the employee’s shift. I was recently laid off from a co. which forced me to work 60-70+ hrs/wk for nearly 1 1/2 yrs. The state will adapt to the WIOA as needed. Read on to find out how you can comply with Maryland’s paid sick leave law. 410-767-2357 An Administrative employee is one who is compensated on a salary basis at a rate of not less than $684 a week ($35,568 annualized; excluding board, lodging or other facilities), and whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer, and whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. Overtime for hourly vs. salaried employee Maryland I am the employee. The same rules apply to non-exempt salaried employees. Doing so may remove the employee from the "exempt" status under the Wage and Hour Law, and entitle him or her to overtime pay after 40 hours. 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. Ayuda en Español: Julio Cesar Carrera, 410-767-2180, 500 North Calvert Street, Baltimore, MD 21202, Employees and Employers - Important Guidelines, Healthy Working Families Act (Sick and Safe Leave), Maryland Criminal Record Screening Complaint, Civil Remedies for Shoplifting and Employee Theft, Hiring and Promotion Preferences - Veterans and Their Spouses, Shift Break-The Healthy Retail Employee Act, Maryland Occupational Safety and Health (MOSH), Change of Work Hours: An Employer's Right, Factors in Making the Distinction Between an Employee and an Independent Contractor, Wage Payment at Termination: When Final Paycheck Due, Notice of Termination: Payment of Wages During Notice Period. The salaried employee should receive his entire pay regardless of the number of hours or days he works, except when permissible deductions apply. By standard Maryland labor laws on breaks, employers must offer breaks to employees under the age of 18. II. Employer Discretion in the Workplace: Employment-At-Will, VIII. Every five hours require a 30-minute break. Change of Pay: In the Employer's Discretion, Tipped Employees: Payment of Less than Minimum Wage, Recordkeeping: An Employer's Responsibility, Amusement and Recreational Establishments, Hourly and Non-Executive, Non-Administrative and Non-Professional Employees: May Receive Overtime, Involuntary Overtime Prohibition for Licensed Practical Nurses or Registered Nurses, Employment At-Will: Termination of Employment, Healthy Retail Employee Act (Shift Breaks), Labor and Employment Publications in Maryland, [email protected]. Labor. Employees not covered by state overtime provisions may still be eligible for similar benefits under the federal Fair Labor Standards Act (FLSA). 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