Q: Which Overtime Law applies -- Maryland or Federal? A: The Law That Most Benefits the Employee.

• There is a Maryland overtime law. There is a Federal overtime law. Which one applies? The one that is most favorable (or provides a greater benefit) to the employee.
  
  So, the Maryland law carves out employers in certain industries, such as:
  
  

  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.

• But the Federal law may nevertheless apply. For example, the Federal law does not carve out Restaurants. If you have any doubt as to what law applies, you should contact an attorney.