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;
(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; or
(15) is a covered employee under the Secure Maryland Wage Act.