The Reality of Overtime Pay Laws
Nov. 25, 2013
In Maryland, overtime pay laws can be complicated. While there are laws protecting those who work overtime, there are also laws that determine who is and is not eligible for receiving overtime. If you fall into the eligible category and your employer is withholding wages from you, you do have options. Maryland’s wage pay law protects you against this unlawful employer behavior. Read on to learn more about who is and is not eligible for overtime in the state of Maryland and how the Singleton Law Group can help you.
Who Can Receive Overtime?
First and foremost, who can receive overtime? Overtime applies to both hourly and “hourly-type” employees, even if they receive a salary. An hourly-type employee may be a fast-food worker, maintenance worker, landscape laborer, construction worker, or clerical worker. Essentially, hourly and hourly-type employees can receive overtime as long as they are not categorized into the Executive, Administrative, or Professional groups, discussed below.
Who Can’t Receive Overtime?
There are three types of salaried employees who are not eligible for overtime: Executive, Administrative, and Professional. To be classified in any of these categories, you must earn at least $455 per week. An Executive is someone who manages an enterprise. To be in the Administrative category, you must perform either office or other non-manual work that supports your employer in his or her everyday business operations. Finally, a Professional completes work that necessitates advanced knowledge in the sciences or specialized skills in an artistic field.
There are also other types of employees who cannot receive overtime. Independent contractors who are not improperly classified as such are not entitled to overtime from the contractor as they are operating as their own company. Employees working for independent contractors may be entitled to overtime from their employer. The issue of misclassification of workers as independent contractors to avoid the financial obligations that go along with employment has been one in which this firm has been very involved. If that is an issue, it is not an easy one but one about which you should absolutely seek advice.
Other employees who cannot receive overtime include those on commission, immediate family members of the employer, some taxi drivers, some drivers of vehicles in interstate commerce, outside salesmen, those who work in movie theaters, and certain salespersons and retail mechanics who work with cars, trailers, trucks, and farm equipment.
Finally, certain employers also do not have to pay overtime – restaurants, hotels, gas stations, non-profit temporary home care services and theaters, interstate trucking companies, private country clubs, certain food processing companies, and some establishments for recreation and amusement. If you need information on specific occupations, it can be found on the United States Department of Labor website at www.dol.gov.
How Singleton Law Can Help
If you fall into an eligible category and your employer is withholding overtime payment from you, you are entitled to sue under Maryland’s law for wage payment and collection. To learn more about your right to collect overtime pay in Maryland, contact Singleton Law Group today.