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Session Laws, 1969
Volume 692, Page 587   View pdf image
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MARVIN MANDEL, Governor                        587

Volume and 1968 Supplement), title "Work, Labor, and Employ-
ment", sub-title "State Employees", to provide for payment of over-
time compensation to State employees working in excess of the
normal work week for the department on a straight time basis
where the hours worked do not exceed forty (40) hours per
week, and to provide for overtime compensation at one and one-half
times the hourly rate for hours worked in excess of forty (40)
hours per week and providing further an alternative method of
computing overtime for certain State departments and providing
for certain exceptions to the coverage provided.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 76 of Article 100 of the Annotated Code of Maryland
(1964 Replacement Volume and 1968 Supplement), title "Work,
Labor, and Employment", sub-title "State Employees" be and it is
hereby repealed and re-enacted, with amendments, to read as follows:

76. Overtime compensation of employees.

(a)    Except as otherwise provided in this section, every State
employee [except per diem and hourly employees] who works in
excess of [forty (40) hours in any week] the normal work week
for his department, bureau, board, commission or agency
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 biweekly compensation by eighty and
multiplying the resulting quotient by the number of hours in excess
of said forty hours.] in the following manner:

(1)    Any work performed in excess of the department's normal
work week but not in excess of forty (40) hours shall be computed
by dividing the weekly compensation by the number of hours in
the normal work week and multiplying the resulting quotient by
the number of hours worked in excess of the normal work week.

(2)    Any work performed in excess of forty (40) hours per week
shall be compensated at one and one-half times the hourly rate
established by dividing the weekly compensation by the number of
hours in the normal work week; provided, however, that the depart-
ment may compute overtime due on the basis of an eighty (80) hour
bi-weekly period. On this basis, overtime shall be paid at the rate
of one and one-half times the regular rate for all hours worked beyond
eight (8) hours in any one day and one and one-half times the
regular rate for all hours worked over eighty (80) in any work
period of fourteen (14) consecutive days; provided, however, that
the bi-weekly method of computing overtime shall not be used by
the State educational institutions.

(b)    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 authorized and empowered to
designate those bona fide supervisory employees who actually exer-
cise supervisory control over a major function within the respectiv