Subtitle 3 – Wage Requirements

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.

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.

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.

Every employer subject to this Division I shall notify his employees at the time of hiring of:

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:

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.

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:

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.

In this section, the following terms have the meanings indicated.

“Compensation” means any combination of wages, benefits, and paid time off.

“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.

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.

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 covered security employer shall post the sign required under this subsection:

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.