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, nal, 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. griculture 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; or (15) is a covered employee under the Secure Maryland Wage Act.
Maryland Legal Code