THEODORE R. MCKELDIN, GOVERNOR                     31

CHAPTER 6
(House Bill 346)

AN ACT to repeal and re-enact, with amendments, Section 76 of
Article 100 of the Annotated Code of Maryland (1956 Supplement),
title "Work—Hours Of, In Factories", sub-title "State Employees",
providing for the payment of overtime compensation to all State
employees, except per diem and hourly employees and those classes
of employees specifically exempted by statute from the payment of
such overtime compensation, who work in excess of 40 hours in any
week; re-defining the type of supervisory employee who shall not be
eligible for the payment of any overtime compensation, and pro-
viding for the right of appeal by any employee so designated.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 76 of Article 100 of the Annotated Code of Maryland
(1956 Supplement), title "Work—Hours Of, In Factories", sub-title
"State Employees", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

76 (a) Employees Generally.—Except as otherwise provided in
this section, every State employee except per diem and hourly em-
ployees who work in excess of [forty-four (44)] forty (40) hours
in any week shall receive extra compensation for such hours worked
in excess of that time. The amount of compensation for such excess
hours shall be computed by dividing the bi-weekly compensation by
[forty-four] eighty and multiplying the resulting quotient by the
number of hours in excess of said [forty-four] forty hours.

[(b) Employees on "shift duty".—For those State employees who
work in or for the several State hospitals, mental institutions and
penal or custodial institutions, or whose work in or for any other
department, board, bureau, commission or agency requires that they
be on "shift duty" to provide a continuous 24 hour a day seven day
a week schedule of operation, the work week shall be set at forty (40)
hours. Any such employee who works in excess of forty (40) hours
in any week shall receive compensation for such hours worked in
excess of that time. The amount of compensation for such excess shall
be computed by dividing the weekly compensation by forty and multi-
plying the resulting quotient by the number of hours worked in
excess of forty hours.]

[(c)] (b) Supervisory employees.—The executive head of every
department, bureau, board, commission or other agency of the State,
with the approval of the State Commissioner of Personnel, is auth-
ized and empowered to designate

[See page image for strike-through]

THOSE EMPLOYEES WHO BONA FIDE (A) PERFORM
EXECUTIVE, ADMINISTRATIVE OR PROFESSIONAL FUNC-
TIONS OR CONTROL WITHIN THE RESPECTIVE DEPART-
MENTS, BUREAU, BOARD, COMMISSION OR OTHER AGENCY,
OR (B) PERFORM DUTIES INVOLVING EXECUTION, EN-

EXPLANATION: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.