Md. Code Regs. 17.04.02.08

Current through Register Vol. 51, No. 8, April 19, 2024

Section 17.04.02.08 - Overtime Pay; Exceptions

A. Overtime pay is governed by State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland, and, to the extent applicable, by the federal Fair Labor Standards Act (FLSA).

B. Employees to Receive Overtime Payments.

(1) The Secretary shall determine the classifications for which overtime payments are mandatory and shall inform appointing authorities of that determination.

(2) Monetary overtime payments may not be made to executive, administrative, or professional employees except in instances of a bona fide emergency directly affecting public safety as determined by the appointing authority and approved by the Secretary. For the purpose of overtime, the Fair Labor Standards Act, to the extent applicable, defines an executive, administrative, or professional employee.

(3) In bona fide emergency circumstances, the Secretary shall specify the time period during which cash overtime payments are authorized, the payment rate, and such other limitations or requirements as the Secretary deems necessary.

C. Computation of Overtime Payments. The appointing authority shall assure that overtime payments are made at time and one-half the regular hourly rate. The regular hourly rate is determined by dividing total straight time earnings, including shift differential, by the total number of hours worked.

D. Compensatory Time Instead of Monetary Overtime Payment for FLSA Nonexempt Employees.

(1) Pursuant to the provisions of the Fair Labor Standards Act, to the extent applicable, an appointing authority may permit a nonexempt employee to receive compensatory time for overtime worked.

(2) Before working the approved overtime, the employee shall:

(a) Make the choice of whether to receive monetary compensation or compensatory time, if offered; and

(b) Notify the appropriate supervisor of the choice in writing.

(3) If the employee chooses to receive monetary payment for overtime, the appointing authority shall assure that the employee receives monetary payment for overtime in accordance with §B of this regulation.

(4) The appointing authority shall assure that the employee earns compensatory time at the rate of 1-1/2 times the time worked in excess of 40 hours in a workweek.

(5) An employee may accrue up to 240 hours of compensatory time except that an employee who works in a public safety activity, emergency response activity, or seasonal activity may accrue up to 480 hours of compensatory time. After an employee has reached the applicable accrual limit, which is the maximum balance that may be maintained at any time, the appointing authority shall assure that an employee receives monetary payment for overtime worked.

(6) At any time an appointing authority may provide an FLSA nonexempt employee monetary payment for accrued compensatory leave at the rate set forth in COMAR 17.04.11.19B.

Md. Code Regs. 17.04.02.08

Regulations .08 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; amended permanently effective September 8, 1997 (24:18 Md. R. 1297)