Section 3-403 - Scope of subtitle. - Maryland Statutes

§ 3-403. Scope of subtitle.
 

(a)  General exclusions.- 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 at least 62 years old and is employed no more than 25 hours in a week; 

(7) is a child, parent, spouse, or other member of the immediate family of the employer; 

(8) is employed in a motion picture or drive-in theater; 

(9) is employed as part of the training in a special education program for emotionally, mentally, or physically handicapped students under a public school system; 

(10) 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; 

(11) engages in the activities of a charitable, educational, not for profit, or religious organization if: 

(i) the service is provided gratuitously; and 

(ii) there is, in fact, no employer-employee relationship; or 

(12) 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 $250,000 or less. 

(b)  Exclusions for farm work.- This subtitle does not apply to an individual who: 

(1) is employed in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural-worker days; 

(2) is engaged principally in the range production of livestock; or 

(3) 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. 
 

[An. Code 1957, art. 100, § 82; 1991, ch. 8, § 2.]