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<section article="gsp" article_name="State Personnel and Pensions" number="8-305" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation">
  <level label="a">
    <text>Except as otherwise provided in this section:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>This subsection:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>does not apply to an employee who works an alternative workweek, as defined in § 2–104(p) of the Health – General Article.</text>
      </level>
    </level>
    <level label="2">
      <text>For an employee subject to this subsection, payment for overtime work shall be made at the greater of:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>For an employee subject to this subsection, payment for overtime work shall be made at the greater of:</text>
      <level label="i">
        <text>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</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
