Except as provided in the Maryland Wage and Hour Law, as of October 1, 2014, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $8.40 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater. The term "employer" includes a person who acts directly or indirectly in the interest of another employer with an employee and includes a governmental unit. As of October 1, 2015, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $9.55 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater. As of October 1, 2016, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $10.75 per hour, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater. As of October 1, 2017, the minimum wage required to be paid to any employee by any employer in Prince George's County shall be $11.50, or the minimum wage pursuant to the Maryland Wage and Hour Law or the Fair Labor Standards Act, whichever is greater. Exclusions. The County minimum wage requirements shall not apply to an employee who: is exempt from the minimum wage requirements of the Maryland Wage and Hour Law or the Fair Labor Standards Act; or is an individual under the age of 19 years and is employed no more than twenty (20) hours in a week. Tipped wages. The computation of tipped wages for the minimum wage required under this Section shall be the same as the manner of computation of tipped wages in Section 3-419, Labor and Employment Article, Annotated Code of Maryland (the Maryland Wage and Hour Law). Minimum Wage Index. Subject to subsection (h) of this section and except as provided in paragraph (3) of this subsection, for the 12-month period beginning January 1, 2026, and each subsequent 12-month period, the minimum wage rate is the minimum wage rate in effect for the immediately preceding 12-month period and the lesser of: The average percentage growth in the Consumer Price Index for the immediately preceding 12-month period, as determined by the Director of Finance under paragraph (2); or five percent (5%). Beginning September 1, 2025, and each September 1 thereafter, the Director of Finance shall determine and announce the average percentage growth, if any, in the Consumer Price Index based on the immediately preceding 12-month Period for which data is available on September 1. The Director of Finance shall utilize the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria area published by the Federal Bureau of Labor Statistics. If the Director of Finance determines that there is a decline or no growth in the Consumer Price Index, the minimum wage rate shall remain the same as the rate that was in effect for the immediately preceding 12-month period. Temporary Suspension of Minimum Wage Indexing Due to Negative Employment Growth. Subject to paragraph (4) of this subsection, on or before September 1, 2025, and September 1 each year thereafter, the Director of Finance shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6-month period is negative as compared with the immediately preceding 6-month period and shall inform the County Council. Subject to paragraph (4) of this subsection, the County Council may temporarily suspend an increase to the minimum wage rate specified under subsection (g) of this section if the County Council determines under paragraph (1) of this subsection that the seasonally adjusted total employment is negative. If the seasonally adjusted total employment is negative, the County Council may consider the performance of County revenues in the previous 6 months, as reported by the Director of Finance, in determining whether to temporarily suspend an increase to the minimum wage rate specified under subsection (g) of this section. If the County Council temporarily suspends an increase to the minimum wage rate specified under subsection (g) of this section: the minimum wage rate in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12-month period; the remaining minimum wage rates specified in subsection (g) of this section shall take effect 1 year later than the date specified; and the County Council shall notify the Director of Finance that the minimum wage rate increase for the period beginning the following January 1 is suspended for 1 year. Direct Support Professionals. In order to ensure that the wages for Direct Support Professionals are commensurate with the professional positions that they occupy, and to ensure that the County is financially capable of funding the Direct Support Professionals Wage Supplement, except as provided in paragraph (2), the County shall include in the annual operating budget an amount determined as follows: For every percentage increase in the minimum wage rate determined under subsection (g), reduced by the amount of the percentage increase in the State Direct Support Professionals reimbursement rate for the fiscal year, the County will increase the total Direct Support Professionals Wage Supplement by such percentage multiplied by the prior calendar year's total wages and employee related expenses for County Direct Support Professionals reported to the State. Notwithstanding the provisions of paragraph (1), above, if the County Council is concerned about the Spending Affordability Committee Report and impacts on the County General Fund, the County Council may take any of the following actions: reduce the increase in the minimum wage rate determined under Subsection (g) by up to two percent (2%); or reduce or freeze the increase of total Direct Support Professionals Wage Supplement.

Definitions. In this Division the following words shall have the meaning indicated. Department shall mean the Department of Finance. Developmental Disabilities means a severe chronic disability of an individual that: Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributed to a combination of mental and physical impairments; Is manifested before the individual attains the age of 22; Is likely to continue indefinitely; Results in an inability to live independently without external support or continuing and regular assistance; and Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual. Developmental Disabilities Administration ("DDA") means the primary State agency that funds community-based services and supports for people with developmental disabilities. Developmental Disabilities Administration Providers shall include entities that provide services as defined in Section 7-101 of the Health-General Article of the Annotated Code of Maryland including individual support services, habilitation services, service coordination, treatment, vocational service, alternative living units, and group homes. This list of services is intended to be indicative of the types of services but not exhaustive. Director shall mean the Director of Finance. Employee shall have the same as meaning defined in the Fair Labor Standards Act (FLSA) and the Maryland Wage and Hour Law. Employer means a person who acts directly or indirectly in the interest of another employer with an employee. Employer includes a governmental unit as defined in the Maryland Wage and Hour Law set forth in Sections 3-401 et. seq. of the Labor and Employment Article of the Annotated Code of Maryland. Wage means all compensation that is due to an employee for employment. The procedures for obtaining a waiver: The Director shall provide an application to the DDA providers; The application shall require the following information from the DDA providers: Evidence of a contract with the State of Maryland to provide DDA services Evidence that they are in good standing with the State of Maryland Explanation of the specific services provided by the DDA provider Any additional information deemed necessary by the Director to certify the applicant for the waiver; and DDA providers may only be eligible for the waiver provision from October 1, 2017 to July 1, 2018. The Director, after reviewing the application and all supporting documents shall notify the DDA providers if they have been granted a waiver. DDA providers granted a waiver will: Be certified by the Department as having met the requirements for a waiver; Receive proof of the certification and waiver of the Prince George's County's Maryland minimum wage law; and Comply with all Federal and State laws regulating labor and wages. The waiver provisions set forth in this section are only applicable to Prince George's County, Maryland's minimum wage. This is not a waiver from the minimum wage set by the State of Maryland. All providers must comply with the State minimum wage, Federal and State laws.