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Ch. 667
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2110
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LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Article 100 - Work, Labor and Employment
Section 76
Annotated Code of Maryland
(1979 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 100 - Work, Labor and Employment
76.
(a) Except as otherwise provided in this section, every
State employee who works in excess of 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 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 department may compute overtime due on the basis of an
eighty (80) hour biweekly 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 biweekly method of computing overtime
shall not be used by the State educational institutions.
(b) The Secretary of Personnel is authorized and empowered
to designate those bona fide administrative, executive, and
professional employees who shall not be eligible to receive
overtime compensation but who may be compensated by compensatory
time. The Secretary of Personnel is authorized and empowered to
adopt and promulgate reasonable regulations to prevent an abuse
of this section by the granting of unnecessary and unwarranted
overtime or by the failure to grant overtime compensation when
the employee is eligible to receive it under the provisions of
this section.
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