Maryland Code § LE-3-403

Section LE-3-403
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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;
(15) is a covered employee under the Secure Maryland Wage Act; or
(16) (i) has entered into a contract to play baseball at the minor
league level; and
(ii) is compensated in accordance with the terms of a collective
bargaining agreement that expressly states the wages and working conditions of
employees.

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