Section 3-415 - Payment of overtime.
§ 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; or
(3) a driver if the employer is engaged in the business of operating taxicabs.
[An. Code 1957, art. 100, § 83; 1991, ch. 8, § 2; 2001, ch. 255; 2002, ch. 19, § 4; 2009, ch. 60.]