Chapter 41. Wage and Hour Law

The cultivation and tillage of soil, including grading, rock removal, building terraces, irrigation, and fertilization;

The production, growing, cultivation, or harvesting of agricultural or horticultural products or commodities;

Breeding, fattening, feeding, or the general care of livestock, bees, fur-bearing animals whose fur has marketable value, or poultry, including poultry hatchery operations;

Dairying, including:

Farming activities on experimental farms or nurseries, or in greenhouses or mushroom cellars; or

Duties directly and closely related to farming operations, including the:

“First processing” means the procedure by which the form of a product or commodity is changed from its original state.

“First processing” does not refer to an employer who acts as a wholesaler, broker, factor, or other middleman in the chain from producer to consumer.

“Annual gross income”:

“Cafe” means a combination of a restaurant and a tavern.

“Drive-in” means an establishment:

“Restaurant” means an establishment which:

“Similar establishment” means an establishment which has the characteristics of a restaurant, drive-in, tavern, or cafe.

“Tavern” means an establishment whose primary sales consist of alcoholic beverages for consumption on the premises on a drink-by-drink basis.

“Gasoline service station” means an establishment primarily engaged in selling gasoline and lubricating oils to the general public.

A gasoline service station may be part of a larger enterprise which also repairs automobiles.

An establishment which derives the greater part of its net income from the sale of goods other than gasoline, lubricating oils, and related services is not a gasoline service station.

“Hotel” or “motel” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an establishment engaged primarily in providing lodging or lodging and meals to the general public.

“Hotel” or “motel” includes an apartment or residential establishment that derives more than half of its annual gross income from providing transient guests with lodging or lodging and meals.

“Hotel” or “motel” does not mean an establishment whose income is derived primarily from providing bedroom and kitchen facilities for leased periods of longer than 3 months.

“Hours of work” means the time during a workweek that an individual employed by an employer is required by the employer to be on the employer's premises, on duty, or at a prescribed workplace.

Meal periods are included in computing hours of work if the individual is required to perform any duties during the meal period.

Travel time is included in computing hours of work if the individual:

“Immediate family” means an employer's parent, spouse, child, brother, sister, grandchild, or grandparent who:

“Immediate family” does not include anyone living outside the employer's household, except the employer's parent, spouse, or child.

“Child” means a natural child, adopted child, or stepchild but does not mean the spouse of that child.

“Mechanic” means an employee whose primary function is to put automobiles, trailers, trucks, or farm machinery in working order by making necessary repairs or adjustments.

The following employees are not mechanics:

An employee subject to the Minimum Wage Act of Maryland shall be paid overtime compensation for each hour worked in excess of 40 hours per workweek. This includes the following:

Compensation for hours worked in excess of 40 hours per workweek is computed at 1-1/2 times the regular hourly rate at which the employee is employed. This includes the following:

“Partsman” means an employee whose primary function is to:

A partsman's duties may include incidental clerical or cleaning work necessary to keep stockrooms, bins, and shelves in order.

The reasonable cost of board, lodging, or other facilities may be included as part of an employee's wage if the:

The reasonable cost of board, lodging, or other facilities included as part of the wage paid to an employee may not:

The reasonable cost of furnishing board, lodging, or other facilities may include the cost of operation and maintenance.

The employer shall demonstrate the actual cost of the board, lodging, or facilities furnished.

In a food and drink establishment, if the actual cost of food consumed by an employee cannot be determined, the reasonable cost is half the price customarily and regularly charged a member of the general public.

The cost of furnishing board, lodging, or other facilities primarily for the benefit or convenience of the employer may not be included as part of an employee's wage.

“Regular hourly rate” means the usual hourly rate.

The regular hourly rate is determined by dividing the total compensation for employment in any workweek by the total number of hours worked in that workweek.

Any commission or bonus, if:

Gratuities and Tips.

The following amounts are not included in determining the regular hourly rate:

Definitions.

No later than 2 weeks following the end of the pay period, a restaurant employer shall provide each employee for whom the employer utilizes a tip credit with a tip credit wage statement for each pay period that reflects all reported tips for tip credit hours for each workweek of the pay period.

A restaurant employer may satisfy the requirement in §B of this regulation by providing an online system through which an employee may obtain the employee’s tip credit wage statement.

“Salesman” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an employee whose primary duty is to sell or obtain orders or contracts for the sale of automobiles, trailers, trucks, or farm machinery.

The sales work may be performed in the establishment or elsewhere.

A salesman may perform work incidental to and in conjunction with the employee's regular sales or solicitations, including incidental deliveries and collections.

Definitions.

Application.

The work-study coordinator shall: