The terms hereinafter set forth, wherever used in this Division I, are defined as follows.
“Employ” means to permit to work.
“Employer” means any person, individual, partnership, association, corporation, business trust, or any other organized group or successor of an individual, partnership, association, corporation, trust of persons employing 2 or more persons in the City of Baltimore.
“Employer” shall not include the United States, any State, or any political subdivision thereof.
“Employee” means any person permitted or instructed to work or be present by an employer.
“Employee” shall not include:persons engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to such organization are on a voluntary basis, or in return for charitable aid conferred upon such person;
persons employed in a bona fide executive, supervisory, or professional capacity;
persons employed by any member of their immediate family;
persons compensated upon a commission basis only; or
persons employed as domestics within a home, only to the extent that such persons have been exempted from the Federal Fair Labor Standards Act as amended and as hereafter amended.
City Code, 1966, art. 19, §52
1976/83, art. 19, §64
Ord. 64-370
Ord. 65-491
Ord. 66-739
Ord. 67-1219
Ord. 70-798
Ord. 75-969
Ord. 78-778
Ord. 90-601
The Mayor and City Council, after conducting an investigation of employment conditions in the City of Baltimore, hereby find:that many persons employed in Baltimore are paid wages which, in relation to the cost of living in the City and the income necessary to sustain minimum standards of decent living conditions, are insufficient to provide adequate maintenance for themselves and their families;
that the employment of such persons at such wages:impairs the health, efficiency, and well-being of the persons so employed and of their families;
reduces the purchasing power of such persons;
diminishes and depresses business, trade, and industry in the City;
threatens the stability and well-being of the City’s economic life;
fosters and contributes toward slum conditions and housing evils;
creates conditions of want and deprivation tending to weaken and undermine family life and breed crime and juvenile delinquency;
threatens the health, welfare, and well-being of the people of the City; and
injures the City economically.
Accordingly, it is the declared policy of the Mayor and City Council that such conditions be eliminated as rapidly as practicable without substantially curtailing opportunities for employment or earning power.
To that end, legislation is necessary in the public interest in order to end these conditions so inimical to the public health, safety, and welfare of the citizens of Baltimore, to establish minimum wage standards for all employees as herein defined at a level consistent with their health, welfare, and general well-being.
City Code, 1966, art. 19, §61
1976/83, art. 19, §71
Ord. 66-739
For the new, Code-wide standard for severability, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|2|1-214">§ 1-214</cite>.
There is hereby created and established the Wage Commission of Baltimore City, with the membership, powers, and duties as in this Division I provided, which shall be responsible for the administration and proper operation of the minimum wage law.
City Code, 1966, art. 19, §54(a)
1976/83, art. 19, §62(a)
Ord. 64-370
Ord. 78-778
The Commission comprises 5 persons of integrity and experience, who shall be appointed by the Mayor subject to the approval of the City Council.
If a vacancy occurs on the Commission, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
Each member of the Commission, within 10 days after appointment, shall take an oath of office that so far as it devolves upon him or her, she or he will diligently and honestly administer the affairs of the Commission, and the oath shall be subscribed to by the member making it and certified by the Mayor before whom it is taken.
The Commission members shall serve without compensation, but shall be reimbursed for all expenses necessarily incurred.
City Code, 1966, art. 19, §54(b)
1976/83, art. 19, §62(b)
Ord. 370, 1964-65
Ord. 67-1219
Ord. 99-526
Each member of the Commission shall be entitled to 1 vote.
A majority of said Commission shall constitute a quorum for the transaction of any business, the exercise of any power in the performance of any duty authorized or imposed by this Division I.
City Code, 1966, art. 19, §54(c)
1976/83, art. 19, §62(c)
Ord. 64-370
The Mayor shall designate 1 member of the Commission as its chairman.
The Commission shall, by a majority vote of all its members, appoint an executive director.
It shall employ such other persons as may be required to administer effectively the provisions of this Division I.
Compensation of all persons so employed by the Commission and all other necessary expenses of the Commission shall be paid at such rates and in such amounts as the Board of Estimates shall approve and in accordance with the appropriations in the annual Ordinance of Estimates.
City Code, 1966, art. 19, §54(d)
1976/83, art. 19, §62(d)
Ord. 64-370
The Commission is authorized to and shall have the power to:
formulate and carry out a comprehensive educational and action program designed to eliminate the payment of substandard wages to employees in the City of Baltimore;
receive, investigate, and take action as herein provided on all complaints of payment of less than the minimum wage required by this Division I;
conduct such investigations on its own initiative as it deems proper to effectuate the purposes of this Division I;
monitor and assist in the fulfillment of any agreements negotiated with employers to effect their compliance with this Division I;
make appropriate findings as a result of any of its investigations; and
in carrying out its powers and duties, inspect payroll records of any business without prior notice.
City Code, 1966, art. 19, §55(1) - (3)
1976/83, art. 19, § 63(1) - (3), (7)
Ord. 64-370
Ord. 66-739
Ord. 67-1219
Ord. 70-798
Ord. 90-601
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission is authorized to and shall have the power to adopt such rules and regulations as it may deem necessary to:effect compliance with this Division I;
govern its procedures; and
execute the duties and responsibilities imposed on it herein.
Such rules and regulations may include, but are not limited to:those further defining:persons engaged in voluntary service to a nonprofit organization;
persons employed in a bona fide executive, supervisory, or professional capacity;
persons employed by any member of their immediate family; and
persons compensated upon a commission basis; and
those:establishing deductions in allowance for the reasonable value of uniforms, board, lodging, or other facilities, items, or services supplied by the employer;
defining students and employees customarily receiving tips; and
defining handicapped persons,
for the purposes of <cite data-path="|11|§3-2">§ 3-2 of this Division I</cite>.
City Code, 1966, art. 19, §55(4)
1976/83, art. 19, §63(4)
Ord. 64-370
Ord. 66-739
Ord. 67-1219
Ord. 70-798
Ord. 78-778
Text Conformed 02/18/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Subject to the other provisions of this Division I, every employer operating and doing business in Baltimore City shall pay wages to each employee in the City at a rate not less than the minimum wage required by the Federal Fair Labor Standards Act, as amended.
It is a violation of this Division I for any employer to pay any employee a wage less than the minimum wage required by this Division I, and it is a separate violation each time an employee is not paid the wage required by this Division I at the time the employee is entitled to be paid.
City Code, 1966, art. 19, §53(1st cl.)
1976/83, art. 19, §65(a)
Ord. 64-370
Ord. 67-1219
Ord. 70-798
Ord. 74-698
Ord. 78-778
Ord. 90-601
Ord. 97-167
For purposes of this Division I, wages shall include the reasonable value, as determined by the Wage Commission, of uniforms, board, lodging, or other facilities, items, or services furnished such employee by the employer.
Provided that the Wage Commission is empowered to determine such value by reference to the average cost to the employer or to groups of employers similarly situated.
Any employee who is a full-time student in a primary or secondary school, as such term is further defined by the Wage Commission, may be paid 85% of the minimum wage prescribed herein.
Provided, however, that such students may not be employed for more than 28 hours per week while attending school.
It shall be a violation of this Division I for any employer to employ such a full-time student for more than 28 hours per week while school is in session.
Students enrolled in an approved work-study program shall be exempt from the limitations of subsection (b) of this section and from the minimum wage requirements of this Division I. Work study programs must be approved by the Wage Commission.
With respect to any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips, the employer shall pay wages in the amount not less than the amount required to be paid a tipped employee under the Federal Fair Labor Standards Act, as amended.
It is the employer’s obligation to provide evidence of any amount claimed by him as being received by his employee as tips.
The Wage Commission may, in its discretion, recognize certificates issued by the State of Maryland for payment of less than the minimum wage to persons who are mentally or physically handicapped, or the Commission may issue its own certificates.
Provided, that the Commission’s said recognition or certification may be upon such terms and for such period of time as the Commission deems appropriate.
An employer may pay an opportunity wage (i.e., a wage below the minimum wage) to any employee, but only under the conditions and limitations authorized for opportunity wages by the Federal Fair Labor Standards Act, as amended.
City Code, 1966, art. 19, §53(2nd cl.)
1976/83, art. 19, §65(b) - (f)
Ord. 67-1219
Ord. 70-798
Ord. 70-926
Ord. 74-698
Ord. 78-778
Ord. 90-601
Ord. 97-167
Every employer shall pay each of its employees, for all hours worked in excess of 40 during any work week, at a rate which is 1½ times the employee’s usual hourly wage rate, except that no employer will be liable for overtime pay to an employee under this section to a greater extent than it is liable to such employee under the Maryland Wage and Hour Law (Title 3, Subtitle 4 of the State Labor and Employment Article) or the Federal Fair Labor Standards Act (29 U.S.C. §§ 201 - 219).
Except that any gross receipts dollar volume limitation to coverage contained in the Maryland Wage and Hour Law or the Federal Fair Labor Standards Act will not be applicable hereunder.
For purposes of this section, an employee’s “usual hourly wage rate” and “work week” shall be determined under the provisions of the Federal Fair Labor Standards Act unless his employer is not subject to that Act, in which case such determinations shall be made under the provisions of the Minimum Wage Act of the State of Maryland.
It shall be a violation of this Division I for any employer to pay any employee a wage below the minimum overtime wage set forth herein, and it shall be deemed a separate violation each work week an employee is not paid the wage required by this Division I at the time the employee is entitled to be paid.
City Code, 1976/83, art. 19, §67
Ord. 78-778
90-601
No employer shall withhold any part of the wages or salary of any employee, except for those deductions in accordance with law, without written and signed authorization of the employee.
It shall be a violation of this Division I for any employer to make any such prohibited withholding from the pay of any employee, and it shall be deemed a separate violation when any such prohibited withholding is made from any paycheck of any employee.
City Code, 1976/83, art. 19, §68(b)(4)
Ord. 78-778
Ord. 90-601
It shall be a violation of this Division I for any employer to refuse to pay to any employee who is terminated, resigns, retires, or who otherwise ends or suspends his employment, all wages due end owing to said employee on the next regular payday that said wages would otherwise have been paid.
City Code, 1976/83, art. 19, §66
Ord. 78-778
Ord. 90-601
Every employer subject to this Division I shall keep a summary of this Division I, furnished by the Commission without charge, posted in a conspicuous place on or about the premises wherein any person subject to this Division I is employed.
Failure to so post said summary shall be deemed a violation of this Division I.
City Code, 1966, art. 19, §58
1976/83, art. 19, §69
Ord. 64-370
Ord. 78-778
Ord. 90-601
Every employer subject to this Division I shall notify his employees at the time of hiring of:their respective rates of pay; and
the regular payday designated by the employer.
Any employer who fails to so notify his employees shall be in violation of this Division I, and it shall be deemed a separate violation as to each employee not notified as required herein.
Every employer subject to this Division I shall notify his employees of any changes in the pay rates or payday at least 1 pay period prior to the change.
It shall be a violation of this Division I for any employer to change the pay rate or payday of any employee without giving to said employee notice as required herein.
Every employer subject to this Division I shall furnish each employee with a statement each pay period which shall, in each instance, clearly show:gross earnings;
itemized deductions;
hours worked; and
rate of pay.
It shall be a violation of this Division I for any employer to fail to provide any employee with the statement required herein, and it shall be deemed a separate violation any time the statement required herein is not provided to any employee.
City Code, 1976/83, art. 19, §68(b)(1) - (3)
Ord. 78-778
Ord. 90-601
Every employer subject to this Division I shall keep, for a period of not less than 3 years, a true and accurate record of the:name,
social security number,
address at time of employment,
occupation,
time worked each day, and
rate of pay
for each of his employees.
Any employer who fails to maintain such records shall be in violation of this Division I, and it shall be deemed a separate violation thereof as to each employee for whom records are not fully maintained.
The Commission or its authorized representative shall have the right, at all reasonable times, to enter upon the premises of any employer to inspect such records to ascertain whether the provisions of this Division I have been complied with.
It shall be a violation of this Division I to prevent, obstruct, or to attempt to prevent or obstruct such entries and inspections.
City Code, 1966, art. 19, §57
1976/83, art. 19, §68(a)
Ord. 64-370
Ord. 66-739
Ord. 67-1219
Ord. 70-798
Ord. 75-969
Ord. 78-778
Ord. 90-601
In this section, the following terms have the meanings indicated.
“Compensation” means any combination of wages, benefits, and paid time off.
“Covered security guard” means any individual employed in Baltimore City by a covered security employer who principally performs 1 or more of the following functions:protects individuals or property from harm, theft, or other unlawful activity;
deters, observes, detects, or reports incidents in order to prevent any unlawful or unauthorized activity, including unlawful or unauthorized intrusion or entry, larceny, vandalism, abuse, arson, or trespass on property; or
responds to a triggered security system alarm in order to prevent or detect unauthorized intrusion, robbery, burglary, theft, pilferage, and other losses or to maintain security of a protected premises.
“Covered security guard” does not include:a marine guard or ship watchman, regardless of whether the guard or watchman is stationed aboard a ship or on a pier; or
an unarmed employee of a bar, tavern, or restaurant.
“Covered security employer” means any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation, or public entity employing 2 or more covered security guards or individuals being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the City.
“Minimum compensation” means the compensation amount a covered security employer is required to pay to a covered security guard pursuant to this section.
“Minimum compensation” does not include all otherwise legally-required benefits, with the exception of:federal holidays; and
the supplement benefit rate required by § 3-1604(a)(2)(ii) of the State Labor and Employment Article.
The minimum compensation amount for a covered security guard in the City may not be less than, for the Guard 1 classification established by the United States Secretary of Labor pursuant to Chapter 67 of 41 U.S.C. § 6701 et seq., as amended, the combined value of the minimum wage rate, health and welfare rate, and paid vacation and holidays rates set forth in the locality wage determination issued by the Administrator of the Wage and Hour Division of the Employment Standards Division of the U.S. Department of Labor for the area that includes the City.
The Wage Commission, with the assistance of the Office of Equity and Civil Rights, shall annually determine the minimum compensation amount required under paragraph (1) of this subsection by July 1 of each year.
The minimum compensation amount established under this subsection shall be effective the following year from January 1 through December 31.
The Office of Equity and Civil Rights shall post the minimum compensation determination made under subsection (b) of this section on the City’s website no later than July 1 of each year.
Subject to the other provisions of this Division I, a covered security employer shall, at a minimum, pay each covered security guard the minimum compensation amount determined by the Wage Commission under subsection (b) of this section.
It is a violation of this Division I for a covered security employer to pay a covered security guard less than the minimum compensation amount required by this section.
Upon the taking effect of the compensation determination under this section, a covered security employer shall post a sign, measuring at least 3 by 5 inches in size, that includes:the required compensation amount;
a citation of the applicable sections of City Code; and
the contact information for the Wage Commission.
The covered security employer shall post the sign required under this subsection:in clear view of employees; and
where similar notices are customarily posted.
The Office of Equity and Civil Rights shall compile and post on the City’s website a printable version of the sign required under this subsection.
Any person claiming to be aggrieved by an alleged payment of a wage of a lesser amount than required by this Division I may, by himself or his attorney, within 1 year after the occurrence of the alleged unlawful act, make, sign, and file with the Commission a complaint in writing, under oath.
The complaint shall state the name and address of the employer alleged to have paid the unlawful wage (hereinafter referred to as the respondent) and the particulars thereof, and contain such other information as may be required by the Commission.
City Code, 1966, art. 19, §56(a)(1st, 2nd sens.)
1976/83, art. 19, §70(a)(1st, 2nd sens.)
Ord. 64-370
Ord. 66-739
The Commission shall have the right, acting upon its own initiative and without any complaint from an employee, to file a complaint against an employer whenever the Commission has reasonable cause to believe that such employer is or has been in violation of the provisions of this Division I.
City Code, 1966, art. 19, §56(a)(3rd sen.)
1976/83, art. 19, §70(a)(3rd sen.)
Ord. 64-370
Ord. 66-739
After the filing of any such complaint, either by a person claiming to be aggrieved as set forth in § 4-1 or by the Commission, the Commission shall:
investigate the facts alleged therein; and
make a finding of probable cause for the said complaint or lack of it.
City Code, 1966, art. 19, §56(b)(1st sen.)
1976/83, art. 19, §70(b)(1st sen.)
Ord. 64-370
Ord. 66-739
In enforcing this Division I, the Commission may:issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or necessary for hearings, investigations, or proceedings; and
administer oaths, subject to the penalties for perjury, to all witnesses.
Any such subpoena shall be served by:the Sheriff of Baltimore City or any of his deputies; or
any other person authorized by the Maryland Rules of Procedure to effectuate in personam service.
In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.
Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Commission, may issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records, and documents, or any of them.
Any failure to obey such order of the court may be punished by the court as contempt thereof.
City Code, 1966, art. 19, §55(5)
1976/83, art. 19, §63(5)
Ord. 64-370
Ord. 66-739
Ord. 67-1219
Ord. 90-601
Ord. 04-672
If the finding of the Commission is that the complaint lacks probable cause, then it shall dismiss said complaint and mail copies of its finding to respondent and complainant.
City Code, 1966, art. 19, §56(b)(2nd sen.)
1976/83, art. 19, §70(b)(2nd sen.)
Ord. 64-370
Ord. 66-739
If the Commission finds probable cause for the complaint, the Commission shall attempt, by means of conference, to:persuade respondent to cease and desist its illegal action;
commence paying complainant such lawful wages as are required by this Division I; and
reimburse complainant for the difference between what he had been receiving as wages and what he should have lawfully received.
Any such agreement reached between respondent and the Commission shall be reduced to writing and a copy thereof furnished to complainant and respondent.
City Code, 1966, art. 19, §56(b)(3rd, 4th sens.)
1976/83, art. 19, §70(b)(3rd, 4th sens.)
Ord. 64-370
Ord. 66-739
If:the Commission and the respondent shall fail to reach agreement, or
the respondent shall fail to meet his obligations under such agreement:within 30 days thereof, or
within such other time as may be specified therein,
require the payment of all wages due the respondent’s employees hereunder, and
direct the cessation of all practices by the respondent which are contrary to the provisions of this Division I and/or rules and regulations of the Commission.
A copy of such order shall be furnished the respondent by registered mail within 3 days of its passage.
City Code, 1966, art. 19, §56(c)
1976/83, art. 19, §70(c)
Ord. 64-370
Ord. 66-739
A respondent aggrieved by an order of the Commission under this Division I may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
City Code, 1976/83, art. 19, §70(d)(2nd sen.)
Ord. 70-798
Ord. 04-672
Ord. 19-332
If, within 30 days of the passage of such order, the respondent shall have failed to comply therewith, the Wage Commission may certify such proceedings to the City Solicitor and request that he petition the Circuit Court of Baltimore City to enforce the said order and direct payment to the aggrieved employee.
City Code, 1976/83, art. 19, §70(d)(1st sen.)
Ord. 70-798
Ord. 78-778
The records of the Commission in any proceeding or investigation made pursuant to the provisions of this Division I shall be kept confidential to the extent that they disclose the payroll of any employer, except for the use of a complainant employee or other public agency.
Neither the Commission nor any of its employees may be compelled in any hearing before the Commission or other administrative proceeding, to disclose the identity of any person filing a complaint with the Commission under the provisions of this Division I.
The Commission shall, however, have the right in its sole discretion to make such disclosure in any instance where the Commission deems it appropriate to do so.
City Code, 1966, art. 19, §55(6)
1976/83, art. 19, §§63(6), 68(a)(3)
Ord. 64-370
Ord. 66-739
Ord. 67-1219
Ord. 70-798
Ord. 75-969
Ord. 78-778
Ord. 90-601
Any sums recovered by the Wage Commission for Baltimore City and not paid to the employee because of inability to locate said employee within a period of 1 year shall be paid into the Treasury of the City of Baltimore.
City Code, 1976/83, art. 19, §70A(d)(2)
Ord. 90-601
It shall be unlawful, and a violation of this Division I, for any employer to discharge or reduce the compensation of any employee for:making a complaint to the Wage Commission;
participating in any of its proceedings; or
availing himself of any of the civil remedies provided herein.
In such a case, the Wage Commission may, pursuant to the procedures provided in Subtitle 4 hereof, order appropriate restitution or the reinstatement of such employee with backpay to the date of violation.
City Code, 1966, art. 19, §56(d)
1976/83, art. 19, §70A(a)
Ord. 67-1219
Ord. 70-798
Ord. 78-778
Ord. 90-601
It shall be unlawful, and a violation of this Division I, for any employer to violate the rules and regulations of the Commission.
City Code, 1976/83, art. 19, §70A(c)
Ord. 90-601
It shall be unlawful, and a violation of this Division I, for any employee to:
make any groundless, unfounded, or malicious complaint to the Commission; or
in bad faith, institute or testify in any proceeding before the Commission under the provisions hereof.
City Code, 1976/83, art. 19, §70A(b)
Ord. 90-601
Any employer who commits a violation of any of the provisions of this Division I shall be liable to the employee or employees affected:in the amount of their unpaid minimum wages, wages due, or overtime compensation, as the case may be; and
an additional amount of 10% per annum interest on unpaid minimum wages, wages due, or overtime compensation.
Such interest shall be calculated from the date of the violation resulting in the unpaid minimum wage, unpaid wages due, or unpaid overtime compensation until the date said monies are actually paid to the aggrieved employee.
City Code, 1976/83, art. 19, §70A(d)(1)
Ord. 90-601
Any employer or employee who violates this Division I shall forfeit and pay to the City of Baltimore a penalty as follows:
for a 1<sup>st</sup> offense, $250 for each violation;
for a 2<sup>nd</sup> offense, $500 for each violation; and
for each subsequent offense, $1,000 for each violation.
City Code, 1966, art. 19, §59
1976/83, art. 19, §70A(d)(3)
Ord. 64-370
Ord. 90-601
Ord. 08-084
Nothing contained in this Division I shall be in any way construed to limit or abridge any rights possessed by any employee at common law, by statute, or by ordinance to bring a civil action to redress underpayments of wages.
Any employee who is aggrieved by underpayment or other violations of this Division I shall be entitled to bring such an action, and to recover therein such costs and reasonable counsel fees as the Court may allow.
Any agreement between such employee and his employer to work for less than the minimum wage prescribed therein is invalid and shall be no defense to such action.
Proceedings before the Wage Commission shall not be considered a precondition to such civil action.
City Code, 1966, art. 19, §60
1976/83, art. 19, §70B
Ord. 64-370
Ord. 70-798
Ord. 78-778
Ord. 90-601