Overtime pay question

[KGB]

I work in a sales/manager position at a speciality store in Maryland and receive hourly pay. I work over 40 hours a week and more than 80 in two weeks. I have addressed the issues of overtime pay with the owner of the store and he told me that he was exempt for being a small business. After reviewing the exemption list I notice that this business did not fit into any of the exemptions. Am I missing something for the list of exemptions or have I been fooled. If this latter is true what steps do I take to receive the overtime pay.

[Pattymd]

If the company does any interstate commerce, they are subject to the federal FLSA. That include such things as ordering supplies or stock from out-of-state, shipping to out-of-state customers, etc. It's nearly impossible for a business to not qualify under FLSA these days. Either way, you would file a claim for unpaid overtime with the MD Dept. of Labor and Industry. If the employer is not subject to either the FLSA or the state wage and hour laws, the investigator will tell you.

[ElleMD]

Below are the only exceptions to the OT rule for MD

The Maryland Guide to Wage Payment and Employment Standards -
Overtime - Employers Not Required to Pay Overtime Under Maryland Law


Trucking companies which operate interstate


Hotels or motels


Restaurants


Gasoline service stations


Private country clubs


Not for profit temporary home care services


Not for profit concert promoter or theater


Some amusement or recreational establishments, including seasonal swimming pools (However, companies which manage such establishments may still be required to pay overtime)


Food processing companies engaged in canning, freezing, packing, or first processing of perishable or seasonal fresh produce, poultry, or seafood.

The Maryland Guide to Wage Payment and Employment Standards -
Overtime - Employees Not Eligible for Overtime Under Maryland Law


Certain retail mechanics, partspersons, or salespersons who sell or service cars, farm equipment, trailers or trucks


Taxicab drivers


Executive, Administrative and Professional employees (as discussed before)


Outside salesmen


Commissioned employees


A child, parent, spouse, or other member of the employer's immediate family


Employee of a movie theater

[NOTE: the federal law may be different or more defined regarding some of the topics, definitions and examples discussed above. For more information, contact the U.S. Department of Labor, Wage and Hour Division at (410) 962-4984]

[Pattymd]

Looks like the federal coverage requirements are much more inclusive than Maryland.