<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 3-9 Security guards.">
  <section prefix="§" num="3-9" heading="Security guards.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Compensation.">“Compensation” means any combination of wages, benefits, and paid time off.</para>
      <para num="(3)" heading="Covered security guard.">
        <para num="(i)" heading="In general.">“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:<para num="(A)">protects individuals or property from harm, theft, or other unlawful activity;</para>
          <para num="(B)">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</para>
          <para num="(C)">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.</para>
        </para>
        <para num="(ii)" heading="Exclusions.">“Covered security guard” does not include:<para num="(A)">a marine guard or ship watchman, regardless of whether the guard or watchman is stationed aboard a ship or on a pier; or</para>
          <para num="(B)">an unarmed employee of a bar, tavern, or restaurant.</para>
        </para>
      </para>
      <para num="(4)" heading="Covered security employer.">“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.</para>
      <para num="(5)" heading="Minimum compensation.">
        <para num="(i)" heading="In general.">“Minimum compensation” means the compensation amount a covered security employer is required to pay to a covered security guard pursuant to this section.</para>
        <para num="(ii)" heading="Exclusions.">“Minimum compensation” does not include all otherwise legally-required benefits, with the exception of:<para num="(A)">federal holidays; and</para>
          <para num="(B)">the supplement benefit rate required by § 3-1604(a)(2)(ii) of the State Labor and Employment Article.</para>
        </para>
      </para>
    </para>
    <para num="(b)" heading="Minimum compensation determination.">
      <para num="(1)" heading="In general.">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.</para>
      <para num="(2)" heading="Determination by Wage Commission.">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.</para>
      <para num="(3)" heading="Effective date.">The minimum compensation amount established under this subsection shall be effective the following year from January 1 through December 31.</para>
    </para>
    <para num="(c)" heading="Posting requirement.">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.</para>
    <para num="(d)" heading="Covered security employer requirement.">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.</para>
    <para num="(e)" heading="Violation.">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.</para>
    <para num="(f)" heading="Employer to display.">
      <para num="(1)" heading="In general.">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:<para num="(i)">the required compensation amount;</para>
        <para num="(ii)">a citation of the applicable sections of City Code; and</para>
        <para num="(iii)">the contact information for the Wage Commission.</para>
      </para>
      <para num="(2)" heading="Location.">The covered security employer shall post the sign required under this subsection:<para num="(i)">in clear view of employees; and</para>
        <para num="(ii)">where similar notices are customarily posted.</para>
      </para>
      <para num="(3)" heading="OECR to post.">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.</para>
    </para>
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    <annotation type="History" />
    <annotation type="History" />
  </section>
</baltimore-city-law>
