PARRIS N. GLENDENING, Governor

Ch. 347

[6-305.] 8-305.

(a)     Except as otherwise provided in this section:

(1)     payment for time worked in excess of an employee's normal workweek
but not in excess of 40 hours in that workweek shall be made at the employee's regular
hourly rate of pay; and

(2)     payment for time worked in excess of 40 hours in a workweek shall be
made at one and one-half times the employee's regular hourly rate of pay.

(b)     (1) This subsection applies to those employees of a hospital or domiciliary
care facility for the ill, aged, or disabled whose overtime compensation is computed on
the basis of a 2-week work period under [§ 6-304(b)] § 8-304(B) of this subtitle.

(2) For an employee subject to this subsection, payment for overtime work
shall be made at the greater of:

(i) one and one-half times the employee's regular hourly rate of pay
for time worked in excess of 80 hours in the 2-week work period; or

(ii) one and one-half times the employee's regular hourly rate of pay
for time worked during that 2-week work period that is in excess of 8 hours in any
workday.

(c)     (1) This subsection applies to law enforcement and civilian employees of the
Department of State Police who participate in the modified workday program established
in accordance with Article 88B, § 23B of the Code.

(2) For an employee subject to this subsection, payment for overtime work
shall be made at the greater of:

(i) one and one-half times the employee's regular hourly rate of pay
for time worked in excess of 40 hours in the established work period; or

(ii) one and one-half times the employee's regular hourly rate of pay
for time worked during that work period that is in excess of the established workday.

(d)    A unit may adopt alternate work periods as allowed by the federal Fair Labor
Standards Act for the purpose of determining payment for overtime work for its law
enforcement employees or fire fighters.

[6-306.] 8-306.

Payment for overtime work shall be made on or before the day the employee is paid
for the second pay period following the pay period in which the payment for overtime
work is earned.

[6-307.] 8-307.

(a) By regulations consistent with the federal Fair Labor Standards Act, the
Secretary may provide for employees who otherwise would be entitled to payment for
overtime work to elect to receive compensatory time instead.

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