Employee Classification: Maryland

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Meredith S. Campbell and Fred S. Sommer, Shulman, Rogers, Gandal, Pordy & Ecker, PA

Updating Author: Michael Cardman, XpertHR Legal Editor


  • Some employees are exempt from Maryland's minimum wage and overtime laws. See Minimum Wage and Overtime Exemptions.
  • Other employees are exempt from Maryland's overtime laws, but not its minimum wage laws. See Overtime-Only Exemptions.
  • If an employee is exempt under Maryland law but is nonexempt under the Fair Labor Standards Act (FLSA), the employee would need to be paid the minimum wage and/or overtime in accordance with the FLSA.
  • Conversely, employees who may not be covered by or who may be exempt under the FLSA may not be exempt under Maryland law. For example, while Maryland exempts employees paid on a commission basis from being paid overtime, the FLSA does not contain a similar exemption. Thus, if those commissioned employees are covered by the FLSA, even though they may not need to be paid overtime under Maryland law, they may need to be paid overtime under the FLSA.