Ch. 10

1993 LAWS OF MARYLAND

The revision of this section is based on 77 Op. Att'y Gen. ______ (1992)

[Opinion No. 92-012 (May 7, 1992)], which reconciled the inconsistencies
between former Art. 64A, §§ 27 and 30. In accordance with that opinion, this
section is revised to apply only to decreased pay rates. Increased pay rates are
governed by §§ 6-105 and 6-108 of this subtitle.

Defined terms: "Class" § 1-101
"Secretary" § 1-101

SUBTITLE 2. SPECIAL PAY PROVISIONS.

6-201. SHIFT DIFFERENTIAL PAY.

(A)     IN GENERAL.

(1)      AN EMPLOYEE IS ENTITLED TO EXTRA PAY, KNOWN AS SHIFT
DIFFERENTIAL PAY, IF THE EMPLOYEE:

(I)      IS EMPLOYED IN A POSITION DESIGNATED FOR THIS PURPOSE;
AND

(II)     WORKS ON A FULL-TIME SHIFT OF AT LEAST 8 HOURS THAT
STARTS ON OR AFTER 2:00 P.M. AND ON OR BEFORE 1:00 A.M.

(2)      A STATE-EMPLOYED FIRE FIGHTER IS ENTITLED TO SHIFT
DIFFERENTIAL PAY FOR QUALIFYING HOURS IF THE FIRE FIGHTER WORKS ON A
SHIFT OF AT LEAST 8 HOURS, REGARDLESS OF THE TIME THAT THE SHIFT STARTS.

(B)     REGULATIONS.

(1)      THE SECRETARY SHALL ADOPT REGULATIONS FOR THE PAYMENT
OF SHIFT DIFFERENTIAL PAY.

(2)      THE REGULATIONS ADOPTED UNDER THIS SECTION SHALL
PROVIDE FOR FAIRNESS AND EQUITY AMONG ALL EMPLOYEES IN CONSIDERATION
OF:

(I)      THE HOURS WORKED;

(II)     CONDITIONS AND PLACES OF EMPLOYMENT;

(III)   PREVAILING PRACTICES IN THE LOCALITY; AND

(IV)    OTHER FACTORS THAT THE SECRETARY CONSIDERS
RELEVANT UNDER THE CIRCUMSTANCES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 27(d).

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, the following issues. First, the reference in subsection
(a)(1)(i) to "designated" positions is uncertain given the law's silence as to
how or by whom various positions are to be designated. Second, the
requirement in subsection (a)(1)(ii) that employees must work on a "full-time

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