Hi all,

I'm a line cook in Maryland and I work an average of 50 hours a week. My employer is trying to tell me that he does not have to pay me overtime because I am an exempt employee (MD state labor laws exempt restaurant workers) But I've been telling him that FLSA overrides state law due to the fact that he accepts credit cards and therefore conducts interstate business (not to mention the fact that though I don't KNOW them, I estimate his sales at just over a mill a year). I'm not a lawyer, so I don't know if there's any grey area here, can someone help me out? Which law has jurisdiction here? State or Federal, and am I entitled to overtime pay at time and a half for every hour over 40 a week?

Thanks,
Steve

There's not a gray area. If the employer is accepting credit cards from out-of-state customers, or orders supplies from out-of-state vendors, he is subject to FLSA no matter if he would not be under Maryland law (I'm not positive he would be exempt from MD OT laws, but it really doesn't make any difference since, as you describe it, he would be subject to federal laws).

Line cooks are not exempt. I can't imagine you meet any of the criteria listed here:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm