US Laws, Codes, Statutes & Cases

      (a)      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 at least 62 years old and is employed no more than 25 hours in a week;

            (7)      is a child, parent, spouse, or other member of the immediate family of the employer;

            (8)      is employed in a motion picture or drive-in theater;

            (9)      is employed as part of the training in a special education program for emotionally, mentally, or physically handicapped students under a public school system;

            (10)      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;

            (11)      engages in the activities of a charitable, educational, not for profit, or religious organization if:

                  (i)      the service is provided gratuitously; and

                  (ii)      there is, in fact, no employer-employee relationship; or

            (12)      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 $250,000 or less.

      (b)      This subtitle does not apply to an individual who:

            (1)      is employed in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural-worker days;

            (2)      is engaged principally in the range production of livestock; or

            (3)      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.      is paid at the same rate that an employee who is at least 17 years old is paid on the same farm.