Section 3-403 - Scope of subtitle.
§ 3-403. Scope of subtitle.
(a) General exclusions.- 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) Exclusions for farm work.- 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.
[An. Code 1957, art. 100, § 82; 1991, ch. 8, § 2.]