For each hotel development project in which the City participates or has a financial interest, the City shall determine whether the City has a proprietary interest in the project. The City is deemed to have a proprietary interest in a hotel development project if the City determines that:through a lease of real property that is owned by the City and used for the project, the City receives ongoing revenue, excluding government fees, tax revenue, assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in items (2) and (3) of this subsection; ongoing revenues from the project, including incremental tax revenues generated by the project, are used to repay loans provided by the City to assist the development of the project; ongoing revenues from the project, including incremental tax revenues generated by the project, are used to pay debt service on bonds provided by the City to assist the development of the project; the City has significant assets at risk because it has agreed to underwrite or guarantee the development of the project or loans related to the project; or the City has a significant ongoing economic and nonregulatory interest that is at risk in the project’s financial success and is likely to be adversely affected by labor-management conflict, except that no interest is considered “economic and nonregulatory” if it arises from the exercise of regulatory or police powers, such as taxation (except as set forth in items (2) and (3) of this subsection), zoning, or the issuance of permits or licenses. Ord. 07-578 This subtitle was enacted by Ordinance 07-578, effective December 26, 2007. Section 4 of Ord. 07-578 provides that the subtitle “does not apply to any economic participation granted by the City before the effective date of this Ordinance”.

In this section, “economic participation” means a lease, loan, financing, underwriting, guarantee, or other financial benefit described in <cite data-path="|11|§13-6|(b)">§ 13-6(b) of this subtitle</cite>. If the City determines that it has a proprietary interest in a hotel development project, then it shall require, as a condition of the City’s economic participation, that each employer on the project enter into 1 or more labor peace agreements with 1 or more labor organizations that represent, or seek to represent, workers on the project. Any contract between the City and the beneficiary of the City’s economic participation in a project may include provisions governing default, damages, or recision that the City considers appropriate to assure that the requirements of this section are fully satisfied. Ord. 07-578

The labor peace agreement shall be a written agreement enforceable between the employer and the labor organization under § 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a). The labor peace agreement shall contain, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with any of the employer’s operations in which the City has a proprietary interest, for the duration of that interest. Ord. 07-578

An employer that performs its obligations under a labor peace agreement is relieved of further obligation under the agreement if the labor organization engages in adverse economic action such as striking, picketing, or boycotting the employer. Ord. 07-578

A request for proposals, invitation to bid, or similar document issued by the City regarding a hotel development project must include a reference to and summary of this subtitle. Failure to include a reference or summary in a document does not exempt an employer otherwise subject to the requirements of this subtitle. Ord. 07-578

In this subtitle, the following terms have the meanings indicated. “Bicycle” has the meaning stated in § 11-104 {“Bicycle”} of the State Transportation Article. “Bicycle parking space” means a designated area, whether open or enclosed, that is used for the off-street parking of a bicycle. “Employer” means any person who employs 10 or more full-time or part-time employees in the City of Baltimore. Ord. 10-383 Ord. 22-125 For the standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation may adopt rules and regulations to implement this subtitle. Ord. 10-383 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.

Bicycle parking spaces required by this subtitle are in addition to any parking spaces otherwise required by Title 16 {“Off-Street Parking and Loading”} of the Baltimore City Zoning Code. Every employer must provide its employees with the number of long-term and short-term parking spaces required by Baltimore City Zoning Code § 16-705 {“Required number of bicycle spaces”“}. When the application of this section results in a requirement for a fractional bicycle parking space:any fraction less than ½ may be disregarded; and any fraction of ½ or more counts as 1 bicycle parking space. Ord. 10-383 Ord. 15-581

Each bicycle parking space must be:for an outdoor space, at least 4 feet by 6 feet; and for an enclosed space, at least 15 square feet of open floor area. Each bicycle parking space must be equipped with a bicycle rack or locker that can accommodate up to 2 bicycles per rack or locker. Each bicycle parking space must be:provided in a safe and secure location that is accessible to all employees; located on the premises of the employer’s place of business; and clearly labeled as reserved for bicycle parking by employees. Ord. 10-383

Any employer who violates a provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500. Ord. 10-383

In this subtitle, the following terms have the meanings indicated. “Applicant” means any individual who is being considered or who requests to be considered for employment in the City of Baltimore by a covered employer. “Conviction” means any sentence arising from a verdict or plea of guilty or nolo contendere. “Conviction” includes:a sentence of incarceration or fine; and a suspended sentence. “Covered employer” or “employer” means any person that employs 10 or more full-time equivalent employees in the City of Baltimore. “Employment” means:any work for pay; and any form of vocational or educational training, with or without pay. “Employment” includes:contractual, temporary, seasonal, or contingent work; and work through the services of a temporary or other employment agency. “Inquiry” means any direct or indirect conduct intended to gather information, using any mode of communication. Ord. 14-221 Ord. 22-125 For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>, . For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

The Mayor and City Council of Baltimore finds that:individuals with criminal records suffer from pervasive discrimination in many fundamental areas of life, including employment, housing, education, and eligibility for many forms of social benefits; nationwide, the percentage of people of color who have criminal records exceeds the percentage of their representation in the population as a whole, which disproportionately impacts their lives, families, and communities; many individuals with criminal records are job seekers who are ready and able to become part of and to contribute to the work force; lack of employment is a significant cause of recidivism, while individuals who are employed are significantly less likely to again engage in criminal activities; artificial barriers to employment for people with criminal records are creating permanent members of an underclass that threatens the health of the community and undermines public safety; the City of Baltimore, in its own employment practices, has implemented a system of screening for individuals with criminal records that is fair to all concerned; and the City has a responsibility to ensure that private employers in the City similarly maintain fair policies for the screening and identification of individuals with criminal records. It is the intent and purpose of this subtitle:to assist the successful reintegration back into the community of individuals with criminal records, by removing artificial barriers to gainful employment; to enhance the health and security of the community by assisting individuals with criminal records to lawfully provide for their families and themselves; and to ensure that just and fair measures are implemented and practiced when pre-screening individuals to identify those who might or might not have criminal records. Ord. 14-221

This subtitle shall be construed to promote a policy that gives an individual who has a criminal record, but otherwise meets all criteria for consideration for employment, an opportunity to be judged on his or her own merit when initially applying for employment. This subtitle, however, may not be construed to require any employer to hire someone with a criminal record nor to limit an employer’s ability to choose the most qualified and appropriate applicant for the employment opportunity at hand. Nothing in this subtitle may be construed to modify or waive the requirements and limitations of any Federal or State law on access to or the use of criminal records. Ord. 14-221 Ord. 22-125 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>.

In this section, “conditional offer” means an offer that is conditioned solely on:the results of the employer’s subsequent inquiring into or gathering information about the applicant’s criminal record; or some other contingency expressly communicated to the applicant at the time of the offer. In connection with the proposed employment of any applicant, a covered employer may not, at any time before a conditional offer of employment has been extended:require the applicant to disclose or reveal whether he or she has a criminal record or otherwise has had criminal accusations brought against her or him; conduct a criminal-record check on the applicant; or otherwise make any inquiry of the applicant or others about whether the applicant has a criminal record or otherwise has had criminal accusations brought against her or him. Ord. 14-221

This Part 2 does not apply to any inquiry or other action that is required or expressly authorized by an applicable Federal, State, or City law or regulation. In this subsection, “vulnerable adult” means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. This Part 2 does not apply to any facility or employer that provides programs, services, or direct care to minors or to vulnerable adults. Ord. 14-221

Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission. The complaint shall be filed, investigated, and heard in the same manner as that provided in City Code <cite data-path="|4">Article 4 {“Community Relations”}</cite>, Subtitle 4 {“Enforcement”}, for alleged violations of that article’s unlawful discriminatory employment practices. In its decision and order, the Commission may award the aggrieved person:back pay for lost wages caused by the violation of this subtitle; reinstatement; compensatory damages, which may include:compensation for humiliation, embarrassment, and emotional distress; and expenses incurred in seeking other employment; and reasonable attorney’s fees. Ord. 14-221

A party aggrieved by a final decision of the Community Relations Commission under this subtitle may seek judicial review of that decision 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. Ord. 14-221 Ord. 19-332

A covered employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for the person’s having claimed a violation of this subtitle. Ord. 14-221

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. Ord. 14-221

In this subtitle, the following terms have the meanings indicated. “Community Relations Commission” or “Commission” means the Baltimore Community Relations Commission established by City Code <cite data-path="|4">Article 4 {“Community Relations”}</cite>, Subtitle 2 {“Community Relations Commission”}. “Employee” means, except as otherwise provided in this subsection, any individual who works in Baltimore City for an employer. “Employee” does not include:an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; an individual who is employed by his or her parent, spouse, or child; or an individual who is employed as a domestic within a private residence. “Employer” means, except as otherwise provided in this subsection, any person who employs 2 or more full-time equivalent employees working in the City of Baltimore. “Employer” does not include the federal government, the State government, or any instrumentality or unit of either. “Lactation accommodation” means both lactation break and lactation location. “Lactation break” means the break time that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. “Lactation location” means the space, room, or location that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|11|§16-30">§ 16-30 {“Criminal penalties”} of this subtitle</cite>, any department, board, commission, council, authority, committee, office, or other unit of City government. Ord. 18-213 Ord. 22-125

For the Code-wide standard uses of mandatory terms (“must” and “shall”), prohibitory terms (“may not”, “must not”, and “no ... may”), and permissive terms (“may”), see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-104">§ 1-104</cite>.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Community Relations Commission must adopt rules and regulations to carry out this subtitle. Ord. 18-213 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.

An employer must provide a reasonable amount of break time to accommodate an employee who desires to express breast milk. If possible, the break time required by this section must run concurrently with any paid rest or break time already required by law or otherwise authorized for the employee. Break time required by this section that does not run concurrently with paid rest or break time required by law or otherwise authorized for the employee may be unpaid. Ord. 18-213

In this section, “close proximity to the employee’s work area” means no more than 500 feet and two adjacent floors from the furthest employee work area being served. An employer must provide a lactation location, other than a bathroom or a closet, that:is in close proximity to the employee’s work area; and shields its occupants from view and from intrusion by coworkers or others. The lactation location may include the place where the employee normally works if it otherwise meets the requirements of this Part 2. The lactation location must:be safe, clean, and free of toxic or hazardous materials; limit access to it by a door that can be locked from the inside; and contain:a surface (e.g., a table or shelf) on which to place a breast pump and other personal items; a place to sit; at least one electrical outlet; and unless elsewhere provided by the employer in close proximity to the employee’s work area:a sink with running hot and cold water; and a refrigerator in which the employee can store breast milk. Ord. 18-213

An employer may provide a lactation location that is also used for other purposes, but only as long as: throughout the period of any employee’s need to express milk, the primary function of the location is its use as a lactation location; during that period, the location’s use for lactation takes precedence over all other functions and uses; and the employer provides notice to all employees who might otherwise need to use that location for other purposes, that:the location’s primary function is its use as a “Lactation Location”; and this primary function takes precedence over all other functions and uses. Ord. 18-213

If an employer’s workspace is inadequate to satisfy the requirements of this Part 2 and other employers are located in the same building, the employer may fulfill the requirements of this Part 2 by providing a lactation location that: is shared by 2 or more employers in the building; complies with § 16-11 {“Lactation location – In general”} and <cite data-path="|11|§16-12">§ 16-12 {“Lactation location – Multi-purpose locations”} of this Part 2</cite>; and is sufficient to accommodate the number of employees who might desire to use it at any given time. Ord. 18-213

In accordance with the rules and regulations adopted under <cite data-path="|11|§16-4">§ 16-4 {“Rules and regulations”} of this subtitle</cite>, an employer may apply to the Community Relations Commission for a waiver or variance of any requirement of this Part 2 that the employer can demonstrate would impose an undue hardship by causing significant expense or operational difficulty when considered in relation to the size, financial resources, nature, or structure of the employer’s business. An employer may apply to the Community Relations Commission to designate a space within a room as a temporary lactation location, in place of a permanent lactation location, or a room that is a multipurpose lactation location if an employer can demonstrate that a permanent lactation location or a room that is a multipurpose lactation location would impose an undue hardship by causing significant expense or operational difficulty for the employer. A temporary lactation location could be created using screening or curtains. The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (e.g., the chair, table or shelf, etc.) should not be modified during the duration of an employee’s need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of an employee’s need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed. The Commission’s rules and regulations must include:the criteria for establishing an undue hardship as described in subsection (a) of this section; the procedures, forms, and documentation required to apply for the waiver or variance; and the procedures for the Commission’s hearing on and consideration of the application. Ord. 18-213

Each employer subject to this subtitle must develop and implement a written lactation accommodation policy. The written policy must:contain a statement that employees have a legal right to request a lactation accommodation; include the employer’s process for requesting a lactation accommodation, which process must, at a minimum:specify the means by which an employee must submit the request to the employer; require the employer to respond to the request within 5 business days; and require the employer and employee to engage in an interactive process to determine lactation break periods and a lactation location appropriate for the employee; state that, whenever the employer does not provide lactation breaks or a lactation location, or provides a lactation location that does not fully comply with Part 2 of this subtitle, or asserts any waiver or variance granted under <cite data-path="|11|§16-14">§ 16-14 {“Waiver or variance for undue hardship”} of this subtitle</cite>, the employer will be required to describe, in a written response to the request, the specific bases on which the employer has done so; state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission; and state that retaliation against an employee for exercising the rights conferred by this subtitle is prohibited. The employer must retain, in accordance with <cite data-path="|11|§16-21">§ 16-21 {“Employer records”} of this subtitle</cite>, a copy of all written responses made under the policy required by subsection (b)(3) of this section. The employer must distribute a copy of the employer’s lactation accommodation policy to all employees:upon their hiring; and again, within 10 calendar days of any modification to the policy. The employer must also offer a copy of the lactation accommodation policy to any employee who requests or inquires about pregnancy or parental leave. If the employer has an employee handbook or set of policies that is available to employees, the lactation accommodation policy must be included in that handbook or set of policies. Ord. 18-213

Each employer subject to this subtitle must maintain a record of all requests for a lactation accommodation received by the employer. The record must include the following documentation:the name of the employee; the date of the initial request and of any update to the initial request; a copy of all written or digital correspondence by or on behalf of the employee and employer; and a description of how the employer resolved the request. The employer must:retain the record and documentation required by this section for a period of 3 years from the date of the request for lactation accommodation; and allow the Community Relations Commission access to that record, subject to reasonable notice, to monitor compliance with the requirements of this subtitle. In any matter involving an alleged violation of this subtitle, if the employer has failed to maintain or retain the record and documentation required by this section, or does not allow the Commission reasonable access to them, it will be presumed that the employer has violated this subtitle, absent clear and convincing evidence otherwise. Ord. 18-213

No employer or other person may take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for that person’s having alleged a violation of this subtitle or otherwise having exercised a right granted by this subtitle. Ord. 18-213

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 18-213

In this subtitle, the following terms have the meanings indicated. “Covered employer” means any person that employs 5 or more full-time equivalent employees in the City of Baltimore. “Human trafficking” means:sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform a commercial sex act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Ord. 15-359 Ord. 16-503 Ord. 22-125 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

A covered employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for the person’s having made a good-faith report of a suspected act of human trafficking to that person’s employer or any appropriate agency. Ord. 15-359

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. Ord. 15-359

In this subtitle, the following terms have the meanings indicated. “Affected employee” means a service employee performing work for an entity that is being, or has been, terminated as a service provider and is being replaced with a successor entity performing similar services at the same site. “Awarding authority” means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the City. “Awarding authority” includes the City of Baltimore and any governmental unit, agency, or other entity as to which the City has the power to legislate. “Contractor” means any person, including a subcontractor, that:enters into a service contract to perform work in the City; and employs more than 20 employees. “Commission” means the Wage Commission established by <cite data-path="|11|§2-1">§ 2-1 {“Commission established”} of this article</cite>, or the Commission’s designee. “Service contract” means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, or food preparation in a facility located in the City that is used as a:private elementary or secondary school; public or private college or university; convention, sports, or entertainment institution, such as a museum, casino, convention center, arena, stadium, or music hall; multi-family residential building or complex with more than 30 units; commercial building or office building occupying more than 50,000 square feet; industrial facility, such as a pharmaceutical laboratory, research and development facility, or product fabrication facility; or distribution center. “Service employee” means an individual employed on a full- or part-time basis as a:building service employee, including a janitor, security officer, groundskeeper, concierge, door staffer, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer; or food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor. “Service employee” does not include:a managerial or confidential employee; or an employee who works in an executive, administrative, or professional capacity. “Successor entity” means an entity that:is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided to the awarding authority at any time during the previous 90 days; has purchased or acquired control of a property located in the City where service employees were employed at any time during the previous 90 days; or terminates a service contract and, within 90 days of the termination, hires service employees as its direct employees to perform services that are substantially similar to those provided under the terminated service contract. Ord. 17-028 Ord. 22-125 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt rules and regulations to implement this subtitle. Ord. 17-028 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.

At least 15 days before a service contract is terminated, an awarding authority must:request that the terminated contractor provide the awarding authority a complete list of the name, date of hire, and job classification of each affected employee; give the successor entity a complete list of the name, date of hire, and job classification of each affected employee; and except in the case of a service contract at a facility used as a public university, ensure that a written notice to all affected employees describing the pending termination of the service contract and the employee rights provided by this subtitle is conspicuously posted at any affected work site. Subject to paragraph (3) of this subsection, the successor entity must offer to retain, and, if the offer is accepted, actually retain, each affected employee at an affected site for 90 days or until the successor entity no longer provides services at the covered location, whichever is earlier. No less than 10 days before it commences work at an affected site, the successor entity must give each affected employee a written offer of employment for the 90-day transition period and send a copy to the employee’s collective bargaining representative, if any. Each offer must:allow the employee at least 10 days after receiving the notice to accept the offer; and state the date by which the affected employee must accept the offer. A successor entity may retain less than all of the affected employees during the 90-day transition period if the successor entity:finds that fewer service employees are required to perform the work than the terminated contractor had employed; retains service employees by seniority within each job classification; maintains a preferential hiring list of those employees not retained; and hires any additional service employees from the list, in order of seniority, until all affected service employees have been offered employment. At the end of the 90-day transition employment period, the successor entity must perform a written performance evaluation for each employee retained pursuant to this section. If the employee’s performance during the 90-day transition employment period is satisfactory, the successor entity must offer the employee continued employment under the terms and conditions established by the successor entity. During the 90-day transition period, the successor entity may not discharge a service employee retained under this section without just cause. Ord. 17-028

This subtitle does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor. Ord. 17-028

An employer may not discharge or reduce the compensation of any employee for:making a complaint to the Commission alleging a violation of this subtitle; or participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 18-7 {“Enforcement procedures”}, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. Ord. 17-028

Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. A complaint filed under this section must:be filed within 1 year of the alleged violation; be filed under oath; and include:the particulars of the alleged violation; the name and address of the person alleged to have committed the violation; and any other information required by the Commission. The Commission may, acting on its own initiative and without any complaint from an employee, file a complaint against an employer whenever the Commission has reasonable cause to believe that the employer is or has been in violation of this subtitle. After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must:investigate the facts alleged in the complaint; and make a finding of probable cause or lack of probable cause for the complaint. In enforcing this subtitle, 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 otherwise necessary for hearings, investigations, or proceedings; and administer oaths, subject to the penalties for perjury, to all witnesses. Any subpoena issued under this subsection shall be served by:the Sheriff of Baltimore City or any of the Sheriff’s 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. The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought 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. If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:persuade the respondent to cease and desist its illegal action; reinstate any affected employees to their former positions under the conditions required by §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle; and pay any affected employees all wages and other compensation owed for the period of time that they were unlawfully terminated, as provided in §18-8 {“Penalties and fines”} of this subtitle. Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. The Commission may issue a final order on its own motion if:the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. A final order issued under this subsection may:require the reinstatement of the service employee or employees wrongfully terminated in violation of §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle; require the respondent to pay each service employee wrongfully terminated in violation of §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle his or her lost wages and other compensation to the date of the violation, as provided in §18-8 {“Penalties and fines”} of this subtitle; and direct the cessation of all practices by the respondent which are contrary to the provisions of this subtitle or the rules and regulations of the Commission. A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. A respondent aggrieved by an order of the Commission under this subtitle 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. If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. Ord. 17-028 Ord. 19-332

The Commission may order any contractor or successor entity who commits a violation of this subtitle to:pay to the employee or employees impacted the wages and other compensation lost as a result of the contractor’s violation of §18-3, with interest computed at 10% per annum on wages and other monetary compensation due; and reinstate an employee or employees under the conditions required by §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle. Any successor entity that violates this subtitle shall forfeit and pay to the City of Baltimore a penalty as follows:for a 1st offense, $250 for each violation; for a 2nd offense, $500 for each violation; and for each subsequent offense, $1,000 for each violation. Each day that a violation continues constitutes a separate offense. Ord. 17-028

In this subtitle, the follow terms have the meanings indicated. “Business” means a person who is a hotel employer. “Change in control” means any sale, assignment, transfer, contribution, or other disposition of:all or substantially all of the assets used in the operation of a business; or a discrete portion of a business that continues to operate as the same type of business of:the incumbent business employer; or any person who controls the incumbent business employer. “Commission” means the Wage Commission established by <cite data-path="|11|§2-1">§ 2-1 {“Commission established”} of this article</cite>, or the Commission’s designee. “Employee” means an individual employed by the incumbent business employer:who has a length of service with the incumbent business employer of 90 days or more; whose primary place of employment is a business subject to a change in control; who is employed or contracted to perform work functions directly by either:the incumbent business employer; or a person who has contracted with the incumbent business employer to provide services at the business subject to the change in control; and who worked for the incumbent business employer on or after March 5, 2020, and prior to the execution of a transfer document. “Employee” does not include any managerial, supervisory, or confidential employee. “Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that:is used for public lodging or other related service for the public; and either:contains 50 or more guest rooms; or has earned gross receipts in the 2019 tax year exceeding $5 million. A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in <cite data-path="|health|6|1|6-101|(d)">§ 6-101(d) {“Definitions: Food service facility”}</cite> of the <cite data-path="|health">City Health Code, that is physically located on the hotel premises.</cite> “Incumbent business employer” means the person who owns, controls, or operates a business immediately prior to the change in control. “Length of service” means the aggregate total period of time during which an employee has been in active service to an employer, including periods of time when the employee was on leave or on vacation. “Successor business employer” means the person who owns, controls, or operates a business immediately after the change in control. “Transfer document” means the purchase agreement or other documents creating a binding agreement to effect the change in control. Ord. 20-479 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

Within 15 days after the execution of a transfer document, the incumbent business employer shall provide to the successor business employer the name, address, date of hire, and occupation classification of each employee. Beginning from the execution of the transition period and continuing for 6 months after the business is open to the public under the successor business employer, the successor business employer shall:maintain a preferential hiring list of employees identified by the incumbent business employer under subsection (a) of this section; and only hire employees from that list during that period. Subject to paragraph (3) of this subsection, the successor business employer shall offer to retain and, if the offer is accepted, actually retain each employee for no fewer than 90 days following the date on which an employee retained by the successor business employer commences work for the successor business employer for compensation. During the 90-day transition employment period, an employee shall be employed under reasonable terms and conditions of employment or as required by law. A successor business employer may retain less than all of the employees during the period described in subsection (b) if the successor business employer:determines that fewer employees are required than were required by the incumbent business employer; retains employees by seniority based on length of service within each job classification; and hires any additional employees from the preferential hiring list required by subsection (b), in order of length of service, until all employees on that list have been offered employment. Any offer of employment made to an employee under this subtitle shall:be in writing and include the name, address, date of hire, and job classification of each employee; and remain open for at least 10 business days from the date of the offer. The successor business employer shall retain a copy of any offers made to employees under this subtitle for at least 3 years from the date the offer was made. During the 90-day transition employment period, the successor business employer may not discharge an employee retained under this section without just cause. At the end of the 90-day transition employment period, the successor business employer shall perform a written performance evaluation for each employee retained pursuant to this section. If an employee’s performance during the 90-day transition employment period is satisfactory, the successor business employer shall consider offering the employee continued employment under the terms and conditions established by the successor business employer or as required by law. The successor business employer shall retain a record of the written performance evaluation required by this subsection for a period of no fewer than 3 years. Ord. 20-479

The incumbent business employer shall post written notice of the change in control at the location of the affected business. The notice required by this section shall be posted within 5 business days of the execution of the transfer document. The notice shall remain posted during any closure of the business and for 6 months after the business is open to the public under the successor business employer. The Notice required by this section shall include:the name of the incumbent business employer and its contact information; the name of the successor business organization and its contact information; and the effective date of the change in control. The notice required by this section shall be posted in a conspicuous place at the business that is visible to all employees and applicants for employment. Ord. 20-470

An incumbent business employer or a successor business employer may not discharge or reduce the compensation of any employee for:making a complaint to the Commission alleging a violation of this subtitle; or participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 19-9 {“Enforcement procedures”} of subtitle, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. Ord. 20-479

Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. A complaint filed under this section must:be filed within 1 year of the alleged violation; be filed under oath; and include:the particulars of the alleged violation; the name and address of the person alleged to have committed the violation; and any other information required by the Commission. The Commission, acting on its own initiative and without any complaint from an employee, may itself file a complaint against an incumbent business employer or successor business employer whenever the Commission has reasonable cause to believe that the incumbent business employer or successor business employer is or has been in violation of this subtitle. After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must:investigate the facts alleged in the complaint; and make a finding of probable cause or lack of probable cause for the complaint. In enforcing this subtitle, 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 otherwise necessary for hearings, investigations, or proceedings; and administer oaths, subject to the penalties for perjury, to all witnesses. Any subpoena issued under this subsection shall be served by:the Sheriff of Baltimore City or any of the Sheriff’s 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. The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them. Any failure to obey such an order of the court may be punished by the court as contempt. If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:persuade the respondent to cease and desist its illegal action; reinstate any employees to their former positions under the conditions required by <cite data-path="|11|§19-3">§ 19-3 {“Employer responsibilities”} of this subtitle</cite>; and order payment to any employees of all wages and other compensation owed for the period of time that they were unlawfully terminated, as provided in <cite data-path="|11|§19-10">§ 19-10 {“Penalties”} of this subtitle</cite>. Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. The Commission may issue a final order on its own motion if:the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. A final order issued under this subsection may:require the reinstatement of an employee or employees wrongfully terminated in violation of <cite data-path="|11|§19-3">§ 19-3 {“Employer responsibilities”} of this subtitle</cite>; require the respondent to pay each employee wrongfully terminated in violation of <cite data-path="|11|§19-3">§ 19-3 {“Employer responsibilities”} of this subtitle</cite> his or her lost wages and other compensation to the date of the violation, as provided in § 19-10 {“Penalties”} of this subtitle; and direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission. A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules. 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. If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. Ord. 20-479

The Commission may order any successor business employer who commits a violation of this subtitle to:pay to the aggrieved employee or employees impacted the wages and other compensation lost as a result of the successor business employer’s violation of § 19-3 {“Employer responsibilities”}, with interest computed at 10% per annum on wages and other monetary compensation due; and reinstate any aggrieved employee or employees under the conditions required by <cite data-path="|11|§19-3">§ 19-3 {“Employer responsibilities”} of this subtitle</cite>. Any successor business employer that violates this subtitle shall forfeit and pay to the City of Baltimore a civil penalty as follows:for a 1st offense, $250 for each violation; for a 2nd offense, $500 for each violation; and for each subsequent offense, $1,000 for each violation. Each day that a violation continues constitutes a separate offense. Ord. 20-479

Any or all of the provisions of this subtitle may be waived in a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unmistakable terms. Ord. 20-479

Except as provided in <cite data-path="|11|§19-11">§ 19-11 {“Collective bargaining agreements”} of this subtitle</cite>, an employee may not waive any provision of this subtitle. Any request by an incumbent business employer or a successor business employer to an employee to waive his or her rights under this subtitle is a violation of this subtitle. Ord. 20-479

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt rules and regulations to implement this subtitle. Ord. 20-479 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.

On or before June 30, 2022, the Wage Commission shall report to the Mayor and City Council on: the effectiveness of the provisions of this subtitle in protecting employees when a business changes ownership; recommendations for additional protections that further the intent of this subtitle; and whether the provisions of this subtitle are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic. Ord. 20-479

In this subtitle, the follow terms have the meanings indicated. “Commercial property employer” means an owner, operator, manager, or lessee, including a contractor, subcontractor, or sublessee, of a non-residential property in the City that employs 25 or more janitorial, maintenance, or security service employees. “Commission” means the Wage Commission established by <cite data-path="|11|§2-1">§ 2-1 {“Commission established”} of this article</cite>, or the Commission’s designee. “Customary seasonal work” means work performed by an employee during approximately the same season of a calendar year, such as summer or winter. “Employer” means a person that is any of the following, as defined in this section:a commercial property employer; an event center employer; or a hotel employer. “Employer” does not include a hospital as defined in State Health-General Article, § 19-301 {“Definitions: Hospital”}. “Event center employer” means an owner, operator, or manager of a publicly or privately owned structure within the City that:is used for public performances, sporting events, business meetings, or similar events; and either:is 50,000 square feet or more in total area; or has a seating capacity of 1,000 seats or more. An “event center employer” includes a concert hall, stadium, arena, racetrack, and convention center. An “event center employer” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, such as food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities. “Event center employer” does not include the Maryland Stadium Authority. “Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that:is used for public lodging or other related service for the public; and either:contains 50 or more guest rooms; or has earned gross receipts in the 2019 tax year exceeding $5 million. A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in <cite data-path="|health|6|1|6-101|(d)">§ 6-101(d) {“Definitions: Food service facility”}</cite> of the <cite data-path="|health">City Health Code, that is physically located on the hotel employer’s premises.</cite> “Laid-off employee” means an individual:who had a length of service with an employer of 90 days or more in the 12 months preceding their most recent separation from active service or failure to be scheduled for customary seasonable work from that employer; who performed, in a particular workweek, at least 2 hours of work within Baltimore City for that employer; and whose most recent separation from that employer from active service or failure to be scheduled for customary seasonal work occurred on or after March 5, 2020, as a result of a lack of business, a reduction in workforce, or any other economic and non-disciplinary reason. There is a rebuttable presumption of fact that any termination occurring on or after March 5, 2020, was due to a non-disciplinary reason. “Laid-off employee” does not include any individual who was, prior to his or her separation, a managerial, supervisory, or confidential employee. With respect to commercial property employer, “laid-off employee” is limited to only the separated janitorial, maintenance, or security service employees of the commercial property employer. “Length of service” means the aggregate total period of time during which a laid-off employee had been in active service to an employer, including periods of time when the laid-off employee was on leave or on vacation. Ord. 20-480 Ord. 22-125 For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.

An employer shall make an offer to a laid-off employee for any position which is or becomes available for which the laid-off employee is qualified as described in subsection (b) of this section. A laid-off employee is qualified and must be offered a position with the employer under this section if the laid-off employee:held the same or similar position at the same site of employment at the time of the laid-off employee’s most recent separation from active service with the employer; or has prior experience within the position or has the same skills required by the position and would not require additional training. If more than 1 laid-off employee is entitled to preference for a position, the employer shall:first offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(i) of this subsection; and then offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(ii) of this subsection. An employer may make simultaneous, conditional offers of employment to multiple laid-off employees, with any final offers of employment conditioned on application of the priority set forth in subsection (b)(2) of this subtitle. A laid-off employee who is offered a position under this section shall be given at least 5 business days in which to accept or decline the final offer. Ord. 20-480

An employer may not discharge or reduce the compensation of any employee for:making a complaint to the Commission alleging a violation of this subtitle; or participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 19A-7 {“Enforcement procedures”} of subtitle, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. Ord. 20-480

Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. A complaint filed under this section must:be filed within 1 year of the alleged violation; be filed under oath; and include:the particulars of the alleged violation; the name and address of the person alleged to have committed the violation; and any other information required by the Commission. The Commission, acting on its own initiative and without any complaint from a laid-off employee, may itself file a complaint against an employer whenever the Commission has reasonable cause to believe that the employer is or has been in violation of this subtitle. After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must:investigate the facts alleged in the complaint; and make a finding of probable cause or lack of probable cause for the complaint. In enforcing this subtitle, 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 otherwise necessary for hearings, investigations, or proceedings; and administer oaths, subject to the penalties for perjury, to all witnesses. Any subpoena issued under this subsection shall be served by:the Sheriff of Baltimore City or any of the Sheriff’s 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. The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them. Any failure to obey such an order of the court may be punished by the court as contempt. If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:persuade the respondent to cease and desist its illegal action; reinstate any laid-off employees to their former positions as required by <cite data-path="|11|§19A-3">§ 19A-3 {“Right of recall”} of this subtitle</cite>; and order payment to laid-off employees of all wages and other compensation owed for the period of time that the employer was in violation of this subtitle, as provided in <cite data-path="|11|§19A-8">§ 19A-8 {“Penalties”} of this subtitle</cite>. Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. The Commission may issue a final order on its own motion if:the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. A final order issued under this subsection may:require the reinstatement of a laid-off employee or employees wrongfully terminated in violation of <cite data-path="|11|§19A-3">§ 19A-3 {“Right of recall”} of this subtitle</cite>; require the respondent to pay each employee aggrieved in violation of <cite data-path="|11|§19A-3">§ 19A-3 {“Right of recall”} of this subtitle</cite> his or her lost wages and other compensation to the date of the violation, as provided in <cite data-path="|11|§19A-8">§ 19A-8 {“Penalties”} of this subtitle</cite>; and direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission. A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules. 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. If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. Ord. 20-480

The Commission may order any employer who commits a violation of this subtitle to:pay to any aggrieved laid-off employee or employees the wages and other compensation lost as a result of the employer’s violation of § 19A-3 {“Right of recall”}, with interest computed at 10% per annum on wages and other monetary compensation due; and reinstate any laid-off employee or employees under the conditions required by <cite data-path="|11|§19A-3">§ 19A-3 {“Right of recall”} of this subtitle</cite>. Any employer that violates this subtitle shall forfeit and pay to the City of Baltimore a civil penalty as follows:for a 1st offense, $250 for each violation; for a 2nd offense, $500 for each violation; and for each subsequent offense, $1,000 for each violation. Each day that a violation continues constitutes a separate offense. Ord. 20-480

Any or all of the provisions of this subtitle may be waived in a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unmistakable terms. Ord. 20-480

Except as provided in <cite data-path="|11|§19A-9">§ 19A-9 {“Collective bargaining agreements”} of this subtitle</cite>, an employee may not waive any provision of this subtitle. Any request by an employer to an employee to waive his or her rights under this subtitle is a violation of this subtitle. Ord. 20-480

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt rules and regulations to implement this subtitle. Ord. 20-480 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.

On or before June 30, 2022, the Wage Commission shall report to the Mayor and City Council on: the effectiveness of the provisions of this subtitle in protecting employees’ stability of employment; recommendations for additional protections that further the intent of this subtitle; and whether the provisions of this subtitle are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic. Ord. 20-480

In this subtitle, the following terms have the meanings indicated. “Adverse action” means an action an employer takes or refuses to take in order to retaliate or discriminate against a person for exercising a right or alleging a violation under this subtitle. “Applicant” means an individual applying to work for an employer in Baltimore City. “Commission” means the Baltimore Community Relations Commission. “Eligible individual” means an employee or applicant who is currently pregnant, is recovering from a pregnancy, including a pregnancy ending in stillbirth or miscarriage, or is recovering from a related condition. “Employee” means any individual who works for an employer in Baltimore City. “Employee” does not include:an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; or an individual who is employed by the individual’s parent, spouse, or child. “Employer” means any individual or organization engaged in any business in the City of Baltimore that employs 2 or more full-time employees. “Employer” does not include:the federal government or any unit thereof; or the State government or any unit thereof. “Reasonable accommodation” means any practice or allowance meant to ease the work environment for an employee who is pregnant, recovering from pregnancy, or has a related condition. “Reasonable Accommodation” includes:offering an eligible individual more frequent or longer breaks; acquiring or modifying accessible equipment or seating; temporarily transferring an eligible individual to a less strenuous or hazardous position, if available, with return to the current position after pregnancy or recovery; restructuring of an eligible individual’s job; assigning an eligible individual light duty; providing an eligible individual with assistance with manual labor; or allowing an eligible individual to take a modified work schedule. “Reasonable accommodation” does not include:hiring a new employee that an employer would not otherwise have hired; discharging an employee; transferring an employee with more seniority than a pregnant or recovering employee; promoting an employee who is not qualified to perform a new job; creating a new position for an eligible individual; or providing an eligible individual leave beyond the amount that is provided to similarly situated employees. “Undue hardship” means an action required to provide a requested accommodation that creates a significant difficulty or expense for an employer. When an employer or the Commission is determining undue hardship, the following factors may be considered:the nature and cost of an accommodation; the overall financial resources of an employer; the overall size of an employer’s organization, with respect to the number of employees and number, type, and location of an employer’s available facilities; an accommodation’s effect on an employer’s expenses, resources, or operations; and whether a provision of similar accommodations has been made to another employee.

Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”}</cite> of the City General Provisions Article, the Commission shall adopt rules and regulations to carry out this subtitle.

An employer shall, upon request of an eligible individual, provide reasonable accommodations to perform the essential functions of the eligible individual’s job as long as the accommodations do not impose an undue hardship on the employer’s business. If an eligible individual requests an accommodation from an employer, the employer and eligible individual shall engage in a timely, good-faith, and interactive process to determine what reasonable accommodations the eligible individual will need.

An employer may not: take adverse action against an eligible individual who requests or uses a reasonable accommodation; deny an employment opportunity to an eligible individual based on the need to provide a reasonable accommodation to the eligible individual; require an eligible individual to take leave if the employer can provide another reasonable accommodation; or require an eligible individual to take a reasonable accommodation that:the eligible individual did not request; or is not required for the eligible individual to perform the necessary functions of the eligible individual’s job.

Any employer subject to this subtitle shall develop and implement a written pregnancy accommodation policy. The written policy shall:contain a statement that an eligible individual has a legal right to request a reasonable accommodation for pregnancy, recovery from pregnancy, or related condition; include the employer’s process for requesting a reasonable accommodation, which shall include:the means by which an eligible individual may submit a request for reasonable accommodation to the employer; a requirement that the employer respond to a request for reasonable accommodation within 10 business days; and a requirement that the employer and an eligible individual engage in a timely, good-faith, and interactive process to determine what reasonable accommodations the eligible individual will need; state that, whenever the employer does not provide a reasonable accommodation, including for undue hardship, the employer shall provide in writing the reason for denying the request; state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Commission; provide the contact information for the Commission; and state that adverse action against an employee for reporting a violation of or exercising the rights conferred by this subtitle is prohibited. In accordance with § 20-6 {“Employer records”} of this subtitle, an employer shall retain a copy of all of the employer’s written responses required by subsection (b)(3) of this section. An employer shall distribute a copy of the employer’s pregnancy accommodation policy to an employee:upon hiring of the employee; and within 10 calendar days of any modification to the policy. An employer shall offer a copy of the pregnancy accommodation policy to any employee who requests or inquires about the employer’s pregnancy or parental leave policy. If an employer has an employee handbook or set of policies that is available to employees, the pregnancy accommodation policy shall be included in that handbook or set of policies. An employer may distribute to an employee the policy required by this section via electronic means, if:the employer provides to the employee a paper copy of the policy upon request; and the electronic means allows for the employee to confirm receipt of the policy.

Any employer subject to this subtitle shall maintain a record of all requests for a reasonable accommodation received by the employer. A record kept pursuant to this section shall include the following documentation:the name of the employee making the request; the date of the initial request and of any update to the initial request; a copy of all written or digital correspondence by or on behalf of the employee and employer; and a description of how and when the employer resolved the request. An employer shall:retain a record required by this section for a period of 3 years from the date of the request for reasonable accommodation; and subject to reasonable notice, allow the Commission access to that record, upon request, to monitor compliance with the requirements of this subtitle. In any matter involving an alleged violation of this subtitle, an employer creates a rebuttable presumption that the employer has violated this subtitle if the employer:has failed to maintain or retain a record required by this section; or does not allow the Commission reasonable access to the record required by this subsection.

Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Commission. A complaint of an alleged violation of this subtitle shall be filed, investigated, and heard in the same manner as that provided in City Code Article 4, Subtitle 4 {“Enforcement”} as an alleged unlawful discriminatory employment practice.

A party aggrieved by a final decision of the Commission under this subtitle may seek judicial review of the Commission’s decision 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 Circuit Court’s final judgment to the Appellate Court of Maryland in accordance with the Maryland Rules of Procedure.

A person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is subject to a civil penalty of not more than $1,000 for each offense.

Nothing in this subtitle may be construed to affect the applicability or enforceability of any federal or State law, rule, or regulation regarding accommodations for individuals who are pregnant, recovering from pregnancy, or have a related condition.