§ 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.

HISTORY: An. Code 1957, art. 100, § 82; 1991, ch. 8, § 2.