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.