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09.12.41.00.htm 09.12.41.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 41 Wage and Hour Law Authority: Labor and Employment Article, §2-106(c) 3-410, and 3-419, Annotated Code of Maryland
09.12.41.01.htm 09.12.41.01. 01 Administrative Capacity.. Administrative capacity" has the meaning stated in 29 CFR §541.200 et seq..
09.12.41.02.htm 09.12.41.02. 02 Agriculture.. Agriculture" means work performed by a farmer or on a farm as an incident to or in conjunction with farming operations, such as:A. The cultivation and tillage of soil, including grading, rock removal, building terraces, irrigation, and fertilization;B. The production, growing, cultivation, or harvesting of agricultural or horticultural products or commodities;C. Breeding, fattening, feeding, or the general care of livestock, bees, fur-bearing animals whose f
09.12.41.03.htm 09.12.41.03. 03 Complaints.. Before the Commissioner of Labor and Industry initiates an investigation, the Commissioner may require the employee to submit a written complaint.
09.12.41.04.htm 09.12.41.04. 04 Directly and Closely Related.. Directly and closely related" has the meaning stated in 29 CFR §541.703 et seq..
09.12.41.05.htm 09.12.41.05. 05 Executive Capacity.. Executive capacity" has the meaning stated in 29 CFR §541.100 et seq..
09.12.41.06.htm 09.12.41.06. 06. A. "First processing" means the procedure by which the form of a product or commodity is changed from its original state.B. "First processing" does not refer to an employer who acts as a wholesaler, broker, factor, or other middleman in the chain from producer to consumer.
09.12.41.07.htm 09.12.41.07. 07 Food and Drink Establishment.. A. "Annual gross income". 1) Means the total of all receipts from all sales made during the preceding four calendar quarters; and2) Is the sole basis for determining the annual gross income for all subsequent quarters.. B. "Cafe" means a combination of a restaurant and a tavern.. C. "Drive-in" means an establishment:. 1) Which sells prepared food items for consumption on the premises or in the purchaser's car;.
09.12.41.08.htm 09.12.41.08. 08. A. "Gasoline service station" means an establishment primarily engaged in selling gasoline and lubricating oils to the general public.B. A gasoline service station may be part of a larger enterprise which also repairs automobiles.. C. An establishment which derives the greater part of its net income from the sale of goods other than gasoline, lubricating oils, and related services is not a gasoline service station.
09.12.41.09.htm 09.12.41.09. 09 Hotel or Motel.. A. "Hotel" or "motel" for purposes of Labor and Employment Article, § 3-415, Annotated Code of Maryland, means an establishment engaged primarily in providing lodging or lodging and meals to the general public.B. "Hotel" or "motel" includes an apartment or residential establishment that derives more than half of its annual gross income from providing transient guests with lodging or lodging and meals.C. "Hotel" or "motel" does not mean an establishme
09.12.41.10.htm 09.12.41.10. 10 Hours of Work.. A. "Hours of work" means the time during a workweek that an individual employed by an employer is required by the employer to be on the employer's premises, on duty, or at a prescribed workplace.B. Meal periods are included in computing hours of work if the individual is required to perform any duties during the meal period.C. Travel time is included in computing hours of work if the individual:. 1) Travels during regular work hours;.
09.12.41.11.htm 09.12.41.11. 11 Immediate Family.. A. "Immediate family" means an employer's parent, spouse, child, brother, sister, grandchild, or grandparent who:1) Resides with the employer; and. 2) Enjoys the same privileges as other members of the family.. B. "Immediate family" does not include anyone living outside the employer's household, except the employer's parent, spouse, or child.C. "Child" means a natural child, adopted child, or stepchild but does not mean the spouse of that child.
09.12.41.12.htm 09.12.41.12. 12 Mechanic.. A. "Mechanic" means an employee whose primary function is to put automobiles, trailers, trucks, or farm machinery in working order by making necessary repairs or adjustments.B. The following employees are not mechanics:. 1) An employee whose primary duty is to wash, clean, polish, lubricate packing wheel bearings, change oil or oil filters, change tires, paint, perform carpentry, dispatch, or install or repair seat covers;2) An employee whose prim
09.12.41.13.htm 09.12.41.13. 13 Outside Salesman.. Outside salesman" has the meaning stated in 29 CFR §541.500 et seq..
09.12.41.14.htm 09.12.41.14. 14 Overtime Compensation.. A. An employee subject to the Minimum Wage Act of Maryland shall be paid overtime compensation for each hour worked in excess of 40 hours per workweek. This includes the following:1) All hours worked by an employee for an employer are included, even though the employee may perform work in two or more unrelated jobs;2) If the total workweek hours do not exceed 40, an employee is not entitled to overtime compensation for hours worked in exc
09.12.41.15.htm 09.12.41.15. 15 Packing.. Packing" means the physical operation by which a product or commodity is placed in a container which is then closed and sealed.
09.12.41.16.htm 09.12.41.16. 16 Partsman.. A. "Partsman" means an employee whose primary function is to:. 1) Sell or dispense parts for automobiles, trailers, trucks, or farm machinery; or. 2) Requisition, stock, or dispense those parts for an establishment's mechanical service department.. B. A partsman's duties may include incidental clerical or cleaning work necessary to keep stockrooms, bins, and shelves in order.
09.12.41.17.htm 09.12.41.17. 17 Professional Capacity.. Professional capacity" has the meaning stated in 29 CFR §541.300 et seq..
09.12.41.18.htm 09.12.41.18. 18 Reasonable Cost.. A. The reasonable cost of board, lodging, or other facilities may be included as part of an employee's wage if the:1) Facilities are customarily and regularly available to all similarly situated employees;. 2) Employee's acceptance of the facility is voluntary and uncoerced; and. 3) Employee receives the benefits of the facility for which he or she is charged.. B. The reasonable cost of board, lodging, or other facilities included as part of the wage paid to a
09.12.41.19.htm 09.12.41.19. 19 Regular Hourly Rate.. A. "Regular hourly rate" means the usual hourly rate.. B. The regular hourly rate is determined by dividing the total compensation for employment in any workweek by the total number of hours worked in that workweek.C. Any commission or bonus, if:. 1) Paid weekly, is added to the employee's total compensation in order to determine the regular hourly rate;2) Paid other than weekly, is allocated to the particular workweek in which it was earned; or.
09.12.41.20.htm 09.12.41.20. 20 Restaurant Tip Credit Wage Statement.. A. Definitions.. 1) In this regulation, the following terms have the meanings indicated.. 2) Terms Defined.. a) “Reported tips” means tips retained by the employee and disclosed to the employer, tips distributed to the employee by the employer, or tips obtained through a valid tip pooling arrangement or tip sharing arrangement.b) “Restaurant” has the meaning stated in Regulation .07D of this chapter.. c) “Tip credit wage state
09.12.41.21.htm 09.12.41.21. 21 Salesman.. A. "Salesman" for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an employee whose primary duty is to sell or obtain orders or contracts for the sale of automobiles, trailers, trucks, or farm machinery.B. The sales work may be performed in the establishment or elsewhere.. C. A salesman may perform work incidental to and in conjunction with the employee's regular sales or solicitations, including incidental deliveries an
09.12.41.22.htm 09.12.41.22. 22 Work-Study Programs.. A. Definitions.. 1) A "work-study program" is a program in which the period of normal public or private school attendance is divided between school attendance and employment in industry or business.2) A "work-study coordinator" is the individual assigned to supervise or administer a work-study program.B. Application.. 1) Upon application by a work-study coordinator, the Commissioner may authorize payment to a student of an hourly rate less t
09.12.41.23.htm 09.12.41.23. 23 Workweek.. Workweek" means a fixed and regularly recurring period of 168 consecutive hours beginning on any hour of the day.
09.12.41.24.htm 09.12.41.24. 24 Computer-Related Occupations: Exemptions from Minimum Wage and Overtime Compensation.. A computer systems analyst, computer programmer, software engineer, or other similarly skilled professional employee in the computer field is eligible for classification as an employee in a professional capacity if the employee meets the standard set forth in 29 CFR §541.400 et seq.
09.12.41.9999.htm 09.12.41.9999. Administrative History Effective date: August 14, 1974 (1:1 Md. R. 70). Regulations .01―16 repealed and new regulations .01―22 adopted effective December 17, 1984 (11:25 Md. R. 2132)Regulation .01 repealed and new Regulation .01 adopted effective February 13, 2006 (33:3 Md. R. 240). Regulation .04 repealed and new Regulation .04 adopted effective February 13, 2006 (33:3 Md. R. 240).
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