HARRY HUGHES, Governor

1989

Annotated Code of Maryland

(1979 Replacement Volume and 1984 Supplement)

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.]

(1)  PAYMENT FOR TIME WORKED IN EXCESS OF THE
POSITION'S NORMAL WORK WEEK BUT NOT IN EXCESS OF 40 HOURS SHALL
BE MADE AT THE EMPLOYEE'S USUAL HOURLY RATE OR RATES.

(2)  PAYMENT FOR TIME WORKED IN EXCESS OF 40 HOURS IN
ANY WEEK SHALL BE MADE AT TIME AND ONE-HALF THE EMPLOYEE'S
REGULAR HOURLY RATE. THE REGULAR HOURLY RATE FOR THE WEEK IS
DETERMINED BY DIVIDING THE TOTAL REGULAR PAY FOR ALL HOURS WORKED
IN THE WEEK BY THE TOTAL HOURS WORKED.

(3)  PAYMENT MAY BE COMPUTED ON THE BASIS OF AN 80
HOUR BIWEEKLY PERIOD IN LIEU OF A 40-HOUR WORKWEEK. PAYMENT
SHALL THEN BE MADE AT TIME AND ONE-HALF THE EMPLOYEE'S REGULAR
RATE FOR ALL HOURS WORKED IN EXCESS OF 80 HOURS IN THE BIWEEKLY
PERIOD, OR AT TIME AND ONE-HALF THE REGULAR HOURLY RATE FOR ALL
HOURS WORKED IN EXCESS OF 8 HOURS EACH DAY, WHICHEVER IS GREATER.
THE REGULAR HOURLY RATE IS DETERMINED AS IN PARAGRAPH (2), BUT