§ 3-415. Payment of overtime.

   (a) General requirement. -- Except as otherwise provided in this section, each employer shall pay an overtime wage of at least 1.5 times the usual hourly wage, computed in accordance with § 3-420 of this subtitle.

(b) Exceptions for employers. -- This section does not apply to an employer that is:

   (1) subject to 49 U.S.C. § 10501;

   (2) an establishment that is a hotel or motel;

   (3) an establishment that is a restaurant;

   (4) considered a gasoline service station because the employer is engaged primarily in selling gasoline and lubricating oil, even if the employer sells other merchandise or performs minor repair work;

   (5) a bona fide private country club;

   (6) a not for profit entity and is engaged primarily in providing temporary at-home care services, such as companionship or delivery of prepared meals, to aged or sick individuals, individuals with disabilities, or individuals with a mental disorder;

   (7) a not for profit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or

   (8) an amusement or recreational establishment, including a swimming pool, if the establishment:

      (i) operates for no more than 7 months in a calendar year; or

      (ii) for any 6 months during the preceding calendar year, has average receipts in excess of one-third of the average receipts for the other 6 months.

(c) Exceptions for employees. -- This section does not apply to an employer with respect to:

   (1) an employee for whom the United States Secretary of Transportation may set qualifications and maximum hours of service under 49 U.S.C. § 31502;

   (2) a mechanic, partsperson, or salesperson who primarily sells or services automobiles, farm equipment, trailers, or trucks, if the employer is engaged primarily in selling those vehicles to ultimate buyers and is not a manufacturer;

   (3) a driver if the employer is engaged in the business of operating taxicabs; or

   (4) unless a collective bargaining agreement between an employer and a labor organization provides otherwise, an employee of the employer if:

      (i) the employer is subject to Title II of the federal Railway Labor Act;

      (ii) the employer does not require the employee to work more than 40 hours during 1 workweek; and

      (iii) the employee voluntarily enters into an agreement with another employee to trade scheduled work hours and as a result the employee works more than 40 hours during a single workweek.

HISTORY: An. Code 1957, art. 100, § 83; 1991, ch. 8, § 2; 2001, ch. 255; 2002, ch. 19, § 4; 2009, ch. 60; 2013, ch. 46.