Maryland overtime attorney Bruce Luchansky answers: “What is overtime in Maryland?”
In Maryland, “overtime” is an employee working more than 40 hours in a single workweek. Contrary to popular belief, working more than 8 hours in one day does not constitute overtime in Maryland. Therefore, if an employee works three 12-hour shifts in a single workweek, the employee only has worked a total of 36 hours in the week. Even though s/he worked 12 hours per day, s/he has not worked overtime. When a non-exempt employee does work more than 40 hours per week, the employee must be paid at the rate of 1 ½ times the employees regular wage for all hours worked above 40. When the employer is a private company (i.e., not a governmental agency) the employer may not substitute additional paid leave in lieu of wages – a common mistake that employers make.
If you have questions about what overtime is, how you calculate it, and whether you are entitled to recover unpaid wages, contact an experienced employment law attorney.