4246

LAWS OF MARYLAND

Ch. 770

Every employer shall pay to each of his employees,
except as may be provided pursuant to this subtitle, wages
at the following rates:

(3) All employees as may be subject to the provisions
of this subtitle shall receive a wage of one and one-half (1
1/2) times their usual hourly wage rate for any hours worked
in excess of forty (40) hours during any work week except
that this subsection shall not apply to any of the following
employees:

(a)  Any employee employed by an establishment
which is an amusement or recreational establishment
including swimming pools, if (a) it does not operate for
more than seven months in any calendar year, or (b) during
the preceding calendar year, its average receipts for any
six months of such year earn more than 33 1/3 per centum of
its average receipt for the other six months of such year.

(b)  Any employee with respect to whom the United
States Secretary of Transportation has power to establish
qualifications and maximum hours of service pursuant to the
provisions of § 204 of the Federal Motor Carrier Act, 1935,
or any employee of an employer subject to the provisions of
Part I of the Interstate Commerce Act.

(c)  Any employee employed by an establishment
which is a hotel, motel, or a restaurant; or any employee
who (a) is employed by an establishment which is any
institution (other than a hospital) primarily engaged in the
care of the sick, the aged, [or the mentally ill or
defective] INDIVIDUALS WITH A MENTAL DISORDER, OR MENTALLY
RETARDED INDIVIDUALS who reside on the premises, (b)
receives compensation for employment in excess of
forty-eight hours in any work week at a rate not less than
one and one-half times the regular rate at which he is
employed.

(d)  Any employee who is employed as a salesman,
partsman, or mechanic primarily engaged in selling or
servicing automobiles, trailers, trucks, or farm machinery
if employed by a nonmanufacturing establishment primarily
engaged in the business of selling such vehicles to ultimate
purchasers.

(e)  Any employee who is employed by a gasoline
service station hereby defined as primarily engaged in
selling gasoline and lubricating oils, and which may sell
other merchandise or perform minor repair work.

(f)  Any employee of a bowling establishment if
such employee receives compensation for employment in excess
of 48 hours in any work week at a rate not less than 1 and
1/2 times the regular rate at which he is employed.