1. (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.

2. (b) This section does not apply to an employer that is:

   1. (1) subject to 49 U.S.C. § 10501;
   2. (2) a nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or

   3. (3) an amusement or recreational establishment, including a swimming pool, if the establishment:

      1. (i) operates for no more than 7 months in a calendar year; or
      2. (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.

3. (c) This section does not apply to an employer with respect to:

   1. (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. (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. (3) a driver if the employer is engaged in the business of operating taxicabs; or

   4. (4) unless a collective bargaining agreement between an employer and a labor organization provides otherwise, an employee of the employer if:

      1. (i) the employer is subject to Title II of the federal Railway Labor Act;
      2. (ii) the employer does not require the employee to work more than 40 hours during 1 workweek; and
      3. (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.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2001, c. 255, § 1, eff. June 1, 2001; Acts 2002, c. 19, § 4, eff. April 9, 2002; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2013, c. 46, § 1, eff. Oct. 1, 2013; Acts 2014, c. 262, § 1, eff. July 1, 2014; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2017, c. 631, § 1, eff. Oct. 1, 2017.

Formerly Art. 100, § 83.