{"data":{"id":"us-md/md.-code-labor-and-employment-3-403","jurisdiction":"us-md","citation":"Md. Code, Labor and Employment § 3–403","heading":"","body":"This subtitle does not apply to an individual who:\n(1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive, or professional;\n(2) is employed in a nonadministrative capacity at an organized camp, including a resident or day camp;\n(3) is under the age of 16 years and is employed no more than 20 hours in a week;\n(4) is employed as an outside salesman;\n(5) is compensated on a commission basis;\n(6) is a child, parent, spouse, or other member of the immediate family of the employer;\n(7) is employed in a drive–in theater;\n(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;\n(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;\n(10) engages in the activities of a charitable, educational, nonprofit, or religious organization if:\n(i) the service is provided gratuitously; and\n(ii) there is, in fact, no employer–employee relationship;\n(11) is employed in a cafe, drive–in, drugstore, restaurant, tavern, or other similar establishment that:\n(i) sells food and drink for consumption on the premises; and\n(ii) has an annual gross income of $400,000 or less;\n(12) is employed in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural–worker days;\n(13) is engaged principally in the range production of livestock;\n(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:\n(i) the individual:\n1. commutes daily from the permanent residence of the individual to the farm where the individual is employed; and\n2. during the preceding calendar year, was employed in agriculture less than 13 weeks; or\n(ii) the individual:\n1. is under the age of 17;\n2. is employed on the same farm as a parent of the individual or a person standing in the place of the parent; and\n3. is paid at the same rate that an employee who is at least 17 years old is paid on the same farm;\n(15) is a covered employee under the Secure Maryland Wage Act; or\n(16) (i) has entered into a contract to play baseball at the minor league level; and\n(ii) is compensated in accordance with the terms of a collective bargaining agreement that expressly states the wages and working conditions of employees.","path":["Article - Labor and Employment"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle\u0026section=3-403","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:59:38Z","sha256":"9258803c9500bcd99707db8456c3184bae61c2b9fc1888416644ad05d952c569","source_id":"us-md","stale":false,"prev":"us-md/md.-code-labor-and-employment-3-402","next":"us-md/md.-code-labor-and-employment-3-404"},"notice":"GroundRules: Original legal text. Not legal advice."}