Tuesday, August 22, 2006

Q: Which Overtime Law applies -- Maryland or Federal? A: The Law That Most Benefits the Employee.

  • There is a Maryland overtime law. There is a Federal overtime law. Which one applies? The one that is most favorable (or provides a greater benefit) to the employee.

    So, the Maryland law carves out employers in certain industries, such as:

    Trucking companies which operate interstate
    Hotels or motels
    Gasoline service stations
    Private country clubs
    Not for profit
    temporary home care services
    Not for profit concert promoter or theater
    Some amusement or recreational establishments, including seasonal swimming
    pools (However, companies which manage such establishments may still be required
    to pay overtime)
    Food processing companies engaged in canning, freezing,
    packing, or first processing of perishable or seasonal fresh produce, poultry,
    or seafood.
  • But the Federal law may nevertheless apply. For example, the Federal law does not carve out Restaurants. If you have any doubt as to what law applies, you should contact an attorney.

No comments: