US Laws, Codes, Statutes & Cases

      (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)      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)      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. § 3102;

            (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.