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<baltimore-city-law heading="§ 19A-1 Definitions.">
  <section prefix="§" num="19A-1" heading="Definitions.">
    <para num="(a)" heading="In general.">In this subtitle, the follow terms have the meanings indicated.</para>
    <para num="(b)" heading="Commercial property employer.">“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.</para>
    <para num="(c)" heading="Commission.">“Commission” means the Wage Commission established by &lt;cite data-path="|11|§2-1"&gt;§ 2-1 {“Commission established”} of this article&lt;/cite&gt;, or the Commission’s designee.</para>
    <para num="(d)" heading="Customary seasonal work.">“Customary seasonal work” means work performed by an employee during approximately the same season of a calendar year, such as summer or winter.</para>
    <para num="(e)" heading="Employer.">
      <para num="(1)" heading="In general.">“Employer” means a person that is any of the following, as defined in this section:<para num="(i)">a commercial property employer;</para>
        <para num="(ii)">an event center employer; or</para>
        <para num="(iii)">a hotel employer.</para>
      </para>
      <para num="(2)" heading="Exclusion.">“Employer” does not include a hospital as defined in State Health-General Article, § 19-301 {“Definitions: Hospital”}.</para>
    </para>
    <para num="(f)" heading="Event center employer.">
      <para num="(1)" heading="In general.">“Event center employer” means an owner, operator, or manager of a publicly or privately owned structure within the City that:<para num="(i)">is used for public performances, sporting events, business meetings, or similar events; and</para>
        <para num="(ii)">either:<para num="(A)">is 50,000 square feet or more in total area; or</para>
          <para num="(B)">has a seating capacity of 1,000 seats or more.</para>
        </para>
      </para>
      <para num="(2)" heading="Inclusions.">
        <para num="(i)">An “event center employer” includes a concert hall, stadium, arena, racetrack, and convention center.</para>
        <para num="(ii)">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.</para>
      </para>
      <para num="(3)" heading="Exclusion.">“Event center employer” does not include the Maryland Stadium Authority.</para>
    </para>
    <para num="(g)" heading="Hotel employer.">
      <para num="(1)" heading="In general.">“Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that:<para num="(i)">is used for public lodging or other related service for the public; and</para>
        <para num="(ii)">either:<para num="(A)">contains 50 or more guest rooms; or</para>
          <para num="(B)">has earned gross receipts in the 2019 tax year exceeding $5 million.</para>
        </para>
      </para>
      <para num="(2)" heading="Inclusions.">A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in &lt;cite data-path="|health|6|1|6-101|(d)"&gt;§ 6-101(d) {“Definitions: Food service facility”}&lt;/cite&gt; of the &lt;cite data-path="|health"&gt;City Health Code, that is physically located on the hotel employer’s premises.&lt;/cite&gt;</para>
    </para>
    <para num="(h)" heading="Laid-off employee.">
      <para num="(1)" heading="In general.">“Laid-off employee” means an individual:<para num="(i)">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;</para>
        <para num="(ii)">who performed, in a particular workweek, at least 2 hours of work within Baltimore City for that employer; and</para>
        <para num="(iii)">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.</para>
      </para>
      <para num="(2)" heading="Presumption regarding terminations after March 5, 2020.">There is a rebuttable presumption of fact that any termination occurring on or after March 5, 2020, was due to a non-disciplinary reason.</para>
      <para num="(3)" heading="Exclusions.">“Laid-off employee” does not include any individual who was, prior to his or her separation, a managerial, supervisory, or confidential employee.</para>
      <para num="(4)" heading="Limitation.">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.</para>
    </para>
    <para num="(i)" heading="Length of service.">“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.</para>
    <para num="(j)" />
    <annotation type="History">Ord. 20-480</annotation>
    <annotation type="History">Ord. 22-125</annotation>
    <annotation type="Editor's Notes">For the Code-wide standard definition of “person”, see &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, &lt;cite data-path="|general|1|1|1-107"&gt;§ 1-107&lt;/cite&gt;.</annotation>
  </section>
</baltimore-city-law>
