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Statutes Text

Article - Labor and Employment




§3–415.

    (a)    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)    This section does not apply to an employer that is:

        (1)    subject to 49 U.S.C. § 10501;

        (2)    a nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or

        (3)    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 that do not exceed one–third of the average receipts for the other 6 months.

    (c)    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.