Generally speaking, in Maryland, salaried employees are not entitled to receive overtime pay. This is especially true for employees whose work is “executive,” “professional,” or “administrative” in nature. These employees are not entitled to overtime pay even when they work more than 40 hours in a given work week.
In an attempt to avoid paying overtime, some employers will pay a salary to employees who do not fit the definitions of executive, professional, or administrative. However, employers are still required to pay overtime compensation to these individuals.
If you believe that your employer has wrongfully denied you overtime pay, you may be able to take legal action. Although there are certain exempt employees in Maryland wage and hour cases, others are rightfully entitled to overtime pay. Contact a skilled wage and hour lawyer to start discussing your potential legal options.
Executive Employees
Executive employees are generally exempt from overtime pay. An executive employee receives a salary of no less than $455 per week. The primary duties of an executive employee include the following:
- Managing an enterprise where the executive employee works
- Overseeing the work of at least two additional employees
- Having a say in the decision to hire, fire, or promote other employees
Administrative Employees
Administrative employees are also not entitled to recover overtime pay from an employer. Administrative employees receive a minimum weekly salary of $455.
An administrative employee’s primary duty is to perform non-manual work or office work. This work must be related to the employer’s business operations. Administrative employees must also have some discretion and autonomy when it comes to making business decisions for their employer.
Professional Employees
Professional employees may not recover overtime compensation. In order to consider an employee “professional,” they must receive a salary of at least $455 per week.
A professional employee’s primary duties include performing work which requires an advanced level of knowledge or skill. The employee must have acquired this knowledge or skill by attending school, a training program, or some similar course of study.
The position may also be one which requires a certain degree of artistic or creative skill or talent.
Deducting for Time Missed from Work
When an employee is an executive, administrative, or professional employee, an employer may not subtract wages from that employee’s pay if they miss less than a full day of work. If an employer takes this action, the employee’s exempt status may go away. In that case, the employee could recover overtime compensation if they worked more than 40 hours in a given work week.
Although an employer cannot deduct pay from the employee, the employer can deduct the missed work hours from the employee’s accrued leave. Accrued leave time includes compensatory time (or “comp time”), vacation time, and sick leave. Assuming the employer proceeds in this fashion, the employee will remain exempt from overtime pay. Regardless of the circumstances, a person should contact a reliable lawyer who is familiar with exempt employees in Maryland wage and hour cases.
Call a Skilled Attorney for More Information About Exempt Employees
In some instances, employers purposely misclassify employees in an attempt to avoid paying them the overtime compensation they deserve. If you believe that you are entitled to compensation for missed overtime, a Maryland employment lawyer may be able to help you.
An experienced attorney will understand the law regarding exempt employees in Maryland wage and hour cases and can determine if you are an exempt or a non-exempt employee.
