When is a worker entitled to overtime pay in Maryland?

 Posted on March 01, 2023 in Employment Law

Hard-working employees deserve to be paid for their efforts, especially if they put in hours above and beyond their normal shift. Employers also benefit when a worker puts in more hours than are expected.

Maryland law and federal law recognize that some categories of employees who work more than 40 hours in a standard workweek should be paid at a rate higher than their normal wages for the extra time spent on the job. For these reasons, some workers are entitled to overtime pay.

Who can receive overtime pay?

Workers in Maryland are entitled to 1.5 times their normal wage in overtime pay if they work more than 40 hours in a seven-day workweek and are not exempt from state or federal overtime laws.

Vacation time, sick leave and holidays do not count toward the 40-hour-plus overtime requirement. Overtime only includes time an employee is actively on the job.

Who is exempt from overtime pay?

Not all employees qualify for overtime pay. For example, most executives and administrative and professional employees are exempt from overtime pay in Maryland.

However, some professionals who work in the area of computer system analysis may be non-exempt under federal law under certain circumstances.

To qualify for overtime under federal law, there are certain tests based on their job duties that they must pass, they must be salaried and that they must earn less than $684 weekly.

Job title alone will not make a worker exempt or non-exempt under federal law.

Wage-and-hour claims

Workers should be compensated appropriately for time spent on the job. For some, this means receiving overtime pay. It is to the benefit of both the worker and the employer to ensure the worker is being paid what they are owed under state and federal law.

Non-exempt workers who are not compensated for the overtime hours they worked might have grounds to pursue a wage-and-hour claim.