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Statutes Text

Article - Labor and Employment




§3–403.

    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; or

        (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.