Except as provided in subsection (b) of this section, in § 8–309 of this subtitle, or otherwise by law, this subtitle applies to all employees over whom the Secretary has authority to administer pay. This subtitle does not apply to a law enforcement employee of: the Field Enforcement Bureau of the State Comptroller’s Office; or the Field Enforcement Division of the Alcohol and Tobacco Commission.

This subtitle shall be interpreted and applied, to the extent applicable, in accordance with the federal Fair Labor Standards Act. All employees subject to this subtitle are entitled to the greater of: the benefits that are provided in this subtitle; or to the extent applicable, the benefits required by the federal Fair Labor Standards Act.

Except as otherwise provided in this subtitle, an employee who works more than the normal workweek for that employee's unit is entitled to compensation for that overtime work in the form of: payment as provided in § 8-305 of this subtitle; or compensatory time as provided in § 8-307 of this subtitle. The Secretary shall adopt regulations to prevent: the granting of unnecessary overtime; and the failure to grant overtime compensation to an eligible employee.

Except as provided in subsection (b) of this section, an employee's regular hourly rate of pay is computed for purposes of this subtitle by dividing the employee's total regular weekly pay by the total number of hours in the employee's normal workweek. The regular hourly rate of pay for an employee of a hospital or domiciliary care facility for the ill, aged, or disabled may be computed for purposes of this subtitle by dividing the employee's total regular 2-week pay by the total number of hours in the employee's normal 2-week work period.

Except as otherwise provided in this section: 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 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. This subsection: except as provided in item (ii) of this paragraph, 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 § 8–304(b) of this subtitle; and does not apply to an employee who works an alternative workweek, as defined in § 2–104(p) of the Health – General Article. For an employee subject to this subsection, payment for overtime work shall be made at the greater of: 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 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. 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 § 2–411 of the Public Safety Article. For an employee subject to this subsection, payment for overtime work shall be made at the greater of: 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 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. 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.

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.

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. These regulations shall provide that an employee who elects to receive compensatory time must notify the employee's supervisor of that election before the overtime work is performed. Compensatory time under this section shall equal: 1 hour for each hour of overtime work for which the employee otherwise would receive the employee's regular hourly rate of pay; and 5 hours for each hour of overtime work for which the employee otherwise would receive one and one-half times the employee's regular hourly rate of pay.

Except as provided in § 8–305(c) of this subtitle, a law enforcement employee of any unit of State government or a State Police cadet who works more than 8 hours in a normal 8–hour workday is entitled to be paid at the rate of one and one–half times the employee’s or cadet’s regular hourly rate of pay for time worked in excess of 8 hours. In this subsection, “off–duty hours” means any hours: during a law enforcement employee’s scheduled off–duty day; or during a law enforcement employee’s on–duty day after the employee has gone off duty. Except as otherwise provided in this subsection, a law enforcement employee of any unit of State government who is called to duty on the employee’s scheduled off–duty day is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on the off–duty day. Except as provided in paragraph (4) of this subsection, a law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below, park ranger supervisor or below, or park services supervisor or below who is called to duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of: the hours worked during the off–duty hours; or 4 hours. A law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below who makes an appearance in court on official duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of: the hours worked during the off–duty hours; or 2 hours. A law enforcement employee of any unit of State government, or a police communications operator of the Department of State Police or Natural Resources Police who is required to work 4 or more hours on New Year’s Day, Thanksgiving Day, or Christmas Day, or who is scheduled to be off duty on New Year’s Day, Thanksgiving Day, or Christmas Day and is called to duty on any part of that day is entitled to: compensatory time of 1 day; and payment at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on that day.

The Secretary may designate, subject to the Secretary’s salary-setting authority, those bona fide administrative, executive, and professional employees who may not receive payment for overtime work, but who may be granted compensatory time for overtime work. On or after July 1, 1989, an employee who is included in the Executive Pay Plan at a pay grade of (ES) 6 or above is not entitled to accrue any compensatory time other than as provided in § 9-205(a)(3) of this article for holiday work. A law enforcement employee of the Department of State Police holding a commissioned rank or a law enforcement employee of the Natural Resources Police holding a rank above sergeant may not receive payment for any overtime work, but may be granted compensatory time for overtime work.