Can My Employer Refuse to Pay Overtime in Maryland?

 Posted on August 12, 2025 in Wage & Hour Laws

Perhaps you have been staying late, covering extra shifts, and even working weekends, but your paycheck does not reflect those extra hours. Can your Maryland employer legally refuse to pay you overtime? The answer to that question will depend on your job classification and specific duties, but in some cases, refusing to pay overtime can be a violation of both state and federal law.  

Employment law can be complex, prompting some employers to try to avoid paying overtime by misinterpreting the rules or misclassifying workers. Whether you are an hourly worker, a salaried worker, or working under a contract, understanding your rights is essential. A Potomac, MD employment lawyer can help you determine whether you are entitled to overtime pay, and, if you are, how to collect it.

What Does Maryland Law Say About Overtime Pay?

Overtime pay is governed by the Maryland Wage and Hour Law, along with the federal Fair Labor Standards Act. Generally speaking, overtime is required for any hours exceeding 40 during a single workweek and must be paid at 1.5 times the regular hourly rate. Most hourly workers are eligible for overtime pay. Salaried workers may still qualify for overtime pay, depending on their income level and job responsibilities.

Tipped workers may be eligible for overtime based on the full minimum wage, rather than just the tipped wage. The overtime pay for a tipped worker is typically calculated based on the employee’s total earnings, including tips, rather than the base wage. However, if the total amount is less than the minimum wage, overtime for tipped workers must be calculated using the minimum wage.   

When is a Salaried Worker Eligible for Overtime Pay in Maryland?

Salaried employees classified as "Executive, Administrative, or Professional" (EAP) are often exempt from overtime pay. However, to remain exempt, these employees must be paid a minimum salary, which is currently set at $684 per week ($35,568 annually) in the state.

To remain exempt, EAP employees must also perform specific job duties, such as managing a business or department, directing the work of two or more employees, and having the authority to hire or fire. Some employers may attempt to misclassify employees as EAP to avoid paying overtime.

What About Agricultural Workers in Maryland?

Agricultural workers who work more than 60 hours per week are entitled to overtime pay. This deviates from the usual standard of 40 hours per week. While the FLSA does not mandate overtime pay for agricultural workers, Maryland law provides an exception.

Agricultural workers in the state who are under 17 or who work on the same farm as a parent or guardian may be exempt from overtime pay requirements. Maryland also provides exceptions for those who work in bowling establishments, and those who work in on-premise healthcare, mandating overtime pay for all work exceeding 48 hours per week.

What to Do If Your Employer Refuses to Pay Overtime

Overtime rights cannot be waived, even if a worker signs an agreement, and any attempt to avoid overtime obligations by an employer is usually unenforceable. Workers should keep detailed records of their hours, pay, and job duties. Requesting clarification in writing from the employer is always a good idea.

If a worker believes he or she is entitled to overtime pay but is not receiving it, a complaint can be filed with the Maryland Department of Labor or the U.S. Department of Labor's Wage and Hour Division. Many workers will file a private lawsuit under the Maryland Wage Payment and Collection Law, which allows for the recovery of back pay and damages in the amount of three times the amount owed.

Contact a Montgomery County, MD Employment Law Attorney

If your Maryland employer is refusing to pay you overtime, you may be entitled to more than just back wages. A Bethesda, MD employment lawyer from Freedman Law, LLC can help you hold your employer accountable for illegal pay practices. Attorney Freedman represents clients in federal and state courts and is recognized as one of the top employment lawyers in Annapolis, MD. He is very hands-on, accessible, supportive, and aggressive when necessary. Call 410-290-6232 to schedule your initial meeting with Attorney Freedman.