Plain Text Law

§ 3–403

Statutes in effect as of October 1, 2026.

Md. Code Ann., Lab. & Empl. § 3-403 (2026)
Title 3. Employment Standards and Conditions
Subtitle 4. Wages and Hours

§ 3–403Copy Citation

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
(16)
(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.