Labor and Employment (GLE) — Title 3. Employment Standards and Conditions

“Employ” means to engage an individual to work.

“Employ” includes:

enforce Subtitle 2 of this title;

carry out Subtitle 3 of this title;

enforce Subtitle 4 of this title;

enforce Subtitle 9 of this title;

enforce Subtitle 16 of this title; and

enforce a local minimum wage law.

The Commissioner may investigate whether § 3–701 of this title has been violated on receipt of a written complaint of an applicant for employment.

The Commissioner may investigate whether § 3–702 of this title has been violated on receipt of a written complaint of an applicant for employment or an employee.

The Commissioner may investigate whether § 3–704 of this title has been violated on receipt of a written complaint of an employee.

The Commissioner may investigate whether § 3–710 of this title has been violated on receipt of a written complaint of an employee as provided in § 3–710(d)(1) of this title.

The Commissioner may investigate whether § 3–711 of this title has been violated on receipt of a written complaint of an employee as provided in § 3–711(d)(1) of this title.

The Commissioner may investigate whether § 3–712 of this title has been violated on receipt of a written complaint of an employee or applicant.

The Commissioner may investigate whether § 3–801 of this title has been violated on receipt of a written complaint of an employee.

The Commissioner may investigate whether § 3–802 of this title has been violated on receipt of a written complaint of an employee.

on the Commissioner’s own initiative;

on receipt of a written complaint signed by the person submitting the complaint; or

on referral from another unit of State government.

The Commissioner may conduct an investigation to determine whether Subtitle 13 of this title has been violated on receipt of a written complaint by an employee.

To the extent practicable, the Commissioner shall keep confidential the identity of an employee who has filed a written complaint alleging a violation of Subtitle 13 of this title unless the employee waives confidentiality.

Subtitle 2 of this title;

Subtitle 3 of this title;

Subtitle 4 of this title;

Subtitle 5 of this title;

Subtitle 9 of this title; or

Title 18 of the State Finance and Procurement Article.

discharge, demote, discriminate against, take other adverse action, or threaten to take adverse action against an employee because the employee:

hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this section or a provision of law listed in subsection (a) of this section.

may investigate a violation of this section on the Commissioner’s own initiative or on receipt of a written complaint; and

shall conduct the investigation and enforcement of a violation of this section in accordance with subsections (d) and (e) of this section.

Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.

The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

A person may not:

The Commissioner shall investigate any allegation that a person violated paragraph (1) of this subsection.

farm work that is performed on a farm;

domestic work that is performed in or about a home;

work that is performed in a business that a parent of the minor or a person standing in place of the parent owns or operates;

caddying on a golf course;

instructing on an instructional sailboat;

delivery of newspapers to consumers;

making an evergreen wreath in or about a home;

work performed as a counselor, assistant counselor, or instructor in a youth camp certified under the Maryland Youth Camp Act; or

work that is performed as an unpaid volunteer in a charitable or nonprofit organization, if:

verification of the minor’s age;

a description of the work to be performed by the minor;

approval by the parent or guardian of the minor’s employment; and

any other information the Commissioner may require.

The Commissioner may issue a work permit that authorizes a minor to be employed in an occupation that otherwise would be restricted under § 3–213 of this subtitle, if the minor:

The Commissioner shall issue a work permit that authorizes a minor to be employed:

Subject to paragraph (2) of this subsection, the Commissioner shall release the name, home address, and telephone number of a minor who is at least 16 years old and has a work permit to the following organizations that request and have registered with the Department for the purpose of receiving the information:

The Commissioner may release information relating to a minor only if a parent or guardian of the minor or the minor elects to allow the sharing of the information.

The Department shall adopt regulations necessary to carry out this subsection, including the process by which a parent or guardian of the minor or the minor may opt in to the sharing of information under paragraph (2) of this subsection.

the employment will not be detrimental to the health or welfare of the minor;

the minor will be supervised adequately; and

the education of the minor will not be neglected.

a parent of the minor or a person standing in place of the parent; and

the employer.

A minor may not be employed or allowed to be employed for more than 5 consecutive hours without a nonworking period of at least one-half hour.

Except as provided in subsections (b) and (c) of this section, in a calendar day:

Except as provided in subsection (b) of this section, a minor under the age of 16 years may not be employed or allowed to be employed:

The hours of work allowed under paragraph (1)(iv) of this subsection do not include any hours that a minor works in a bona fide work-study or student-learner program while school normally is in session.

receives the written consent of a parent of the minor or a person standing in the place of the parent; and

determines that:

is a child of the manager, operator, or owner of the business establishment from or to which a check, money, or negotiable instrument is being transported; or

is transporting a check, money, or negotiable instrument that the minor received as payment for merchandise that the minor delivered or for a service that the minor performed.

A minor may not be employed, between 8:00 p.m. and 8:00 a.m., to transport to or from a business establishment checks, money, or negotiable instruments, including payroll funds or business receipts.

A minor may not be employed, between 8:00 a.m. and 8:00 p.m., to transport to or from a business establishment checks, money, or negotiable instruments that have a value in excess of $100.

in, about, or in connection with the manufacturing of a hazardous substance;

in, about, or in connection with:

in, about, or in connection with:

during the school hours set for that minor;

about or in connection with an acid, dye, gas, lye, or paint;

at, about, or in connection with:

in, about, or in connection with:

after a public hearing, the Commissioner determines that employment in the occupation should be prohibited to minors;

the Commissioner adopts by reference a determination by the United States Secretary of Labor under the federal Fair Labor Standards Act of 1938 that the occupation is hazardous; or

after investigation, the Commissioner determines that the occupation is injurious to:

interfere with or hinder the performance of any duty of the Commissioner under this subtitle; or

knowingly give false information to the Commissioner.

employ a minor in violation of a provision of this subtitle; or

allow a minor to be employed in violation of a provision of this subtitle.

A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.

A person who violates any provision of subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

violates § 3–216(a) or (b) of this subtitle; or

willfully or repeatedly employs a minor in violation of § 3–213 of this subtitle.

Except as provided in paragraph (2) of this subsection, a civil penalty assessed under subsection (a)(1) of this section may not exceed:

A civil penalty assessed under subsection (a)(2) of this section may not exceed:

Subject to paragraph (2) of this subsection, beginning January 1, 2027, and each calendar year thereafter, the Commissioner shall increase the maximum penalties in effect under subsection (a) of this section by increasing each civil penalty amount by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers or a successor index published by the federal Bureau of Labor Statistics as necessary to comply with federal law.

The adjustment under paragraph (1) of this subsection shall be effective July 15 each year.

“Employer” means:

“Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.

“Wage” means all compensation for employment.

“Wage” includes board, lodging, or other advantage provided to an employee for the convenience of the employer.

any applicable pay scale;

any previously determined minimum and maximum hourly rate or minimum and maximum salary for the position;

the minimum and maximum hourly rate or minimum and maximum salary of an individual holding a comparable position at the time of the posting; or

the budgeted amount for the position.

assigning or directing the employee into a less favorable career track, if career tracks are offered, or position;

failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or

limiting or depriving an employee of employment opportunities that would otherwise be available to the employee but for the employee’s sex, sexual orientation, or gender identity.

An employer may not discriminate between employees in any occupation by:

For purposes of paragraph (1)(i) of this subsection, an employee shall be deemed to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county of the State.

a seniority system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

a merit increase system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

jobs that require different abilities or skills;

jobs that require the regular performance of different duties or services;

work that is performed on different shifts or at different times of day;

a system that measures performance based on a quality or quantity of production; or

a bona fide factor other than sex, sexual orientation, or gender identity, including education, training, or experience, in which the factor:

prohibit an employee from:

require an employee to sign a waiver or any other document that purports to deny the employee the right to disclose or discuss the employee’s wages; or

take any adverse employment action against an employee for:

Subject to paragraph (2) of this subsection, an employer may, in a written policy provided to each employee, establish reasonable workday limitations on the time, place, and manner for inquiries about or the discussion or disclosure of employee wages.

A limitation established under paragraph (1) of this subsection shall be consistent with standards adopted by the Commissioner and all other State and federal laws.

Subject to subsection (d) of this section, limitations established under paragraph (1) of this subsection may include prohibiting an employee from discussing or disclosing the wages of another employee without that employee’s prior permission.

A prohibition established in accordance with subsection (b)(3) of this section against the discussion or disclosure of the wages of another employee without that employee’s prior permission may not apply to instances in which an employee who has access to the wage information of other employees as a part of the employee’s essential job functions if the discussion or disclosure is in response to a complaint or charge or in furtherance of an investigation, a proceeding, a hearing, or an action under this subtitle, including an investigation conducted by the employer.

If an employee who has access to wage information as part of the essential functions of the employee’s job discloses the employee’s own wages or wage information about another employee obtained outside the performance of the essential functions of the employee’s job, the employee shall be entitled to all the protections afforded under this subtitle.

require an employee to disclose the employee’s wages;

diminish employees’ rights to negotiate the terms and conditions of employment under federal, State, or local law;

limit the rights of an employee provided under any other provision of law or collective bargaining agreement;

create an obligation on any employer or employee to disclose wages;

permit an employee, without the written consent of an employer, to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege or protected by law; or

permit an employee to disclose wage information to a competitor of the employer.

This subsection applies only with respect to a position for work that will be physically performed, at least in part, in the State.

An employer shall:

The Commissioner shall develop and make available to employers a form that an employer may use to comply with subsection (a) of this section.

An employer may comply with subsection (a) of this section by:

An employer may not:

After an employer makes an initial offer of employment with an offer of compensation to an applicant for employment, an employer may:

An employer may rely on wage history under paragraph (2) of this subsection only if the higher wage does not create an unlawful pay differential based on protected characteristics under § 3–304 of this subtitle.

Each employer shall keep each record that the Commissioner requires on:

Each employer shall keep a record of compliance with § 3–304.2 of this subtitle for each position for at least 3 years after:

An employer shall keep the records required under this subsection for the period of time that the Commissioner requires.

try to resolve any issue involved in the violation informally by mediation; or

ask the Attorney General to bring an action on behalf of the applicant or employee.

If an employer knew or reasonably should have known that the employer’s action violates § 3–304 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to employees of one sex, sexual orientation, gender identity, religious beliefs, or race, or who have a disability and the wages paid to employees of another sex, sexual orientation, gender identity, religious beliefs, or race, or who do not have a disability who do the same type work and an additional equal amount as liquidated damages.

If an employer knew or reasonably should have known that the employer’s action violates § 3–304.1 of this subtitle, an affected employee may bring an action against the employer for injunctive relief and to recover actual damages and an additional equal amount as liquidated damages.

An employee may bring an action on behalf of the employee and other employees similarly affected.

take an assignment of the claim in trust for the employee;

ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

consolidate 2 or more claims against an employer.

willfully violate any provision of this subtitle;

refuse entry to the Commissioner or an authorized representative of the Commissioner into a place of employment that the Commissioner is authorized under this subtitle to inspect; or

violate § 3–304.2 of this subtitle.

Except as provided in paragraph (2) of this subsection, an employer who violates any provision of subsection (a)(2) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300.

If the Commissioner determines that an employer has violated § 3–304.2 of this subtitle, the Commissioner:

In determining the amount of the penalty, if assessed, the Commissioner shall consider:

If the Commissioner assesses a penalty under paragraph (1)(ii) of this subsection, the penalty shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.

the Secretary of Labor, or the Secretary’s designee;

the Commissioner, or the Commissioner’s designee;

the Executive Director of the Commission on Civil Rights, or the Executive Director’s designee; and

the following members, appointed by the Governor:

The term of a member appointed by the Governor is 4 years.

The terms of the members are staggered as required by the terms provided for the members of the Commission on June 1, 2016.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

may not receive compensation; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

continually evaluate the extent of wage disparities in the public and private sectors in the State between individuals of one race, sex, or gender identity and individuals of another race, sex, or gender identity, based on all available data;

establish a mechanism for the Commissioner to collect data from employers in the State to assist the Commission in its efforts to evaluate the disparities listed in item (1) of this subsection;

develop a comprehensive strategy to determine and recommend best practices regarding equal pay for equal work to individuals, employers, and policymakers;

study and make recommendations regarding whether and to what extent administrative and legal processes and remedies can be streamlined and harmonized across this subtitle and other employment antidiscrimination laws;

develop partnerships with private sector entities and other public sector entities to identify:

share data and findings with the Commissioner to assist in enforcement actions under this subtitle.

provide a maintenance level that is consistent with the needs of the population for their efficiency, general well-being, and health;

safeguard employers and employees against unfair competition;

increase the stability of industry;

increase the buying power of employees; and

decrease the need to spend public money for the relief of employees.

the service is provided gratuitously; and

there is, in fact, no employer–employee relationship;

sells food and drink for consumption on the premises; and

has an annual gross income of $400,000 or less;

the individual:

the individual:

has entered into a contract to play baseball at the minor league level; and

is compensated in accordance with the terms of a collective bargaining agreement that expressly states the wages and working conditions of employees.

In an investigation under this subtitle, the Commissioner shall try to negotiate with an employer to obtain the testimony or documentary evidence that is needed to determine whether a violation exists.

If the Commissioner is unable to obtain evidence by negotiation, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of documentary evidence that relates to the subject matter of the complaint.

Each application for a subpoena under this subsection shall:

A subpoena may not be issued unless the application is approved by the Attorney General as to form and substance.

If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Commissioner, a circuit court may compel compliance with the subpoena.

avoid undue hardship;

prevent the curtailment of employment opportunity; and

safeguard the minimum wage under this subtitle.

In this section the following words have the meanings indicated.

“Employer” includes a governmental unit.

“Small employer” means an employer that employs 14 or fewer employees.

to each employee who is subject to both the federal Act and this subtitle, at least the greater of:

to each other employee who is subject to this subtitle, at least the greater of:

Except as provided in paragraph (2) of this subsection, the State minimum wage rate is:

The State minimum wage rate for a small employer is:

Beginning October 1, 2020, the Commissioner may not authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage otherwise required under this subtitle for the employee.

Beginning October 1, 2020, a work activities center or workshop may pay an employee with a disability less than the federal prevailing wage of pay to the extent authorized by federal law if the work activities center or other sheltered workshop:

Each certificate that the Commissioner issues under this section shall state the period for which the certificate is in effect.

The acceptance of a federal certificate does not apply automatically to an individual whom a work activities center or other sheltered workshop continues to employ after the individual completes a training program that the workshop runs.

The Commissioner may revoke acceptance of a federal certificate if:

The Commissioner shall send notice of a hearing under this subsection, by certified mail, to the holder of the federal certificate at least 30 days before the hearing.

subject to 49 U.S.C. § 10501;

a nonprofit concert promoter, legitimate theater, music festival, music pavilion, or theatrical show; or

an amusement or recreational establishment, including a swimming pool, if the establishment:

an employee for whom the United States Secretary of Transportation may set qualifications and maximum hours of service under 49 U.S.C. § 31502;

a mechanic, partsperson, or salesperson who primarily sells or services automobiles, farm equipment, trailers, or trucks, if the employer is engaged primarily in selling those vehicles to ultimate buyers and is not a manufacturer;

a driver if the employer is engaged in the business of operating taxicabs; or

unless a collective bargaining agreement between an employer and a labor organization provides otherwise, an employee of the employer if:

to a project undertaken by an investor–owned electric company or gas and electric company that:

only to the portion of the project supported by the federal funds.

pay the area prevailing wage for each trade employed, including wages and fringe benefits;

offer health care and retirement benefits to the employees working on the project;

participate in an apprenticeship program registered with the State for each trade employed on the project;

establish and execute a plan for outreach, recruitment, and retention of State residents to perform work on the project, with an aspirational goal of 25% of total work hours performed by Maryland residents, including residents who are:

have been in compliance with federal and State wage and hour laws for the previous 3 years;

be subject to all State reporting and compliance requirements; and

maintain all appropriate licenses in good standing.

the actual cost; or

the reasonable cost of the board, lodging, or other advantage for a defined class of employees and in a defined area, based on:

Except as provided in § 3–1604(d) of this title, this section applies to each employee who:

Notwithstanding paragraph (1)(iii) of this subsection, this section does not prohibit the pooling of tips.

an amount that the employer sets to represent the tips of the employee; or

if the employee or representative of the employee satisfies the Commissioner that the employee received a lesser amount in tips, the lesser amount.

The Commissioner shall adopt regulations, in consultation with payroll service providers and restaurant industry trade group representatives, to require restaurant employers that include a tip credit as part of the wage of an employee to provide tipped employees with a written or electronic wage statement for each pay period that shows the effective hourly tip rate as derived from employer–paid cash wages plus all reported tips for tip credit hours worked each workweek of the pay period.

The Commissioner shall provide notification of the tip credit wage statement regulations on the Department’s website.

is engaged in agriculture; and

is exempt from the overtime provisions of the federal Act.

for an employee of a bowling establishment; and

for an employee of an institution that:

the work is a consequence of an emergency situation which could not have been reasonably anticipated;

the emergency situation is nonrecurring and is not caused by or aggravated by the employer’s inattention or lack of reasonable contingency planning;

the employer has exhausted all good faith, reasonable attempts to obtain voluntary workers during the succeeding shifts;

the nurse has critical skills and expertise that are required for the work;

the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure; and

a condition of employment includes on-call rotation; or

the nurse works in community-based care.

Except as provided in subsections (c) and (d) of this section, a nurse may not be considered responsible for the care of a patient beyond the nurse’s predetermined work schedule if the nurse:

The employer shall exhaust all good faith, reasonable attempts to ensure that appropriate staff is available to accept responsibility for a patient’s care beyond a nurse’s predetermined work schedule.

a summary of this subtitle that the Commissioner approves; and

a copy or summary of each regulation that is adopted to carry out this subtitle.

question employees to determine whether an employer has been and is complying with this subtitle and regulations adopted to carry out this subtitle;

inspect and copy each record that an employer keeps on wages and hours of employees; and

require each employer:

A person aggrieved by a regulation or order to pay wages that the Commissioner adopts under this subtitle may file a complaint in circuit court for the county within 60 days after the date of publication of the regulation or order to pay wages to have it modified or set aside.

A copy of the complaint shall be served on the Commissioner.

The court shall determine whether a regulation or order to pay wages is in accordance with law.

If a finding of fact is supported by substantial evidence, the finding is conclusive.

the difference between the wage paid to the employee and the wage required under this subtitle;

an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and

counsel fees and other costs.

take an assignment of the claim in trust for the employee;

ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

consolidate 2 or more claims against an employer.

If a court determines that an employee is entitled to recovery in an action under this section, the court shall award to the employee:

If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the employee were not less than the wage required under this subtitle, the court shall:

“Wage” means all compensation that is due to an employee for employment.

“Wage” includes:

Each employer:

An employer may pay an administrative, executive, or professional employee less frequently than required under paragraph (1)(ii) of this subsection.

in United States currency; or

by a check that, on demand, is convertible at face value into United States currency.

In this subsection, “employer” includes a governmental unit.

An employer may not print or cause to be printed an employee’s Social Security number on the employee’s wage payment check, an attachment to an employee’s wage payment check, a notice of direct deposit of an employee’s wage, or a notice of credit of an employee’s wage to a debit card or card account.

direct deposit of the wage of an employee into a personal bank account of the employee in accordance with an authorization of the employee; or

credit of the wage of an employee to a debit card or card account from which the employee is able to access the funds through withdrawal, purchase, or transfer if:

at the time of hiring, written notice of:

for each pay period, a written statement on the physical pay stub or the online pay statement that includes:

at least 1 pay period in advance, notice of any change in a payday or wage.

the employer has a written policy that limits the compensation of accrued leave to employees;

the employer notified the employee of the employer’s leave benefits in accordance with § 3–504(a)(1) of this subtitle; and

the employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy.

may try to resolve any issue involved in the violation informally by mediation;

with the written consent of the employee, may ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

may bring an action on behalf of an employee in the county where the violation allegedly occurred.

If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.

If wages of an employee are recovered under this section, they shall be paid to the employee without cost to the employee.

send a copy of the complaint to the employer alleged to have failed to pay wages; and

require a written response to the complaint within 15 days.

The Commissioner:

On the basis of the review and any investigation, the Commissioner may:

The Commissioner may issue an order to pay wages that:

The Commissioner shall send the order to pay wages to the complainant and to the employer at the employer’s last known business address by both regular mail and certified mail, return receipt requested.

Within 30 days after receipt of the order to pay wages, the employer may request a de novo administrative hearing, which shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

On receipt of a request for a hearing, the Commissioner shall schedule a hearing.

If a hearing is not requested, the order to pay wages shall become a final order of the Commissioner.

In this subsection, “construction services” has the meaning stated in § 3–901 of this title.

In an action brought under subsection (a) of this section, a general contractor on a project for construction services is jointly and severally liable for a violation of this subtitle that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the general contractor.

A subcontractor shall indemnify a general contractor for any wages, damages, interest, penalties, or attorney’s fees owed as a result of the subcontractor’s violation unless:

describes the violation;

directs the employer to provide the required information; and

subject to subsection (b) of this section, imposes an administrative penalty of up to $500 for each employee who was not provided a pay stub or online pay statement in accordance with § 3–504(a)(2) of this subtitle.

the gravity of the violation;

the size of the employer’s business;

the employer’s good faith; and

the employer’s history of violations of this subtitle.

Within 15 days after receiving an order issued under subsection (a) of this section, an employer may request an administrative hearing.

If the employer does not request a hearing as provided under paragraph (1) of this subsection, the order of the Commissioner, including any administrative penalties, is final.

Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

If an employer does not comply with an order in the time period stated in paragraph (1) of this subsection, the Commissioner may bring an action to enforce the order:

An employer who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

An employee who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

is due to a sales representative from a principal; and

accrues at:

distributes, imports, manufactures, or produces a product for wholesale;

enters into a contract with a sales representative to solicit a wholesale order for the product; and

pays the sales representative wholly or partly by commission.

“Sales representative” means a person who:

“Sales representative” does not include a person who:

Subject to the requirement of paragraph (2) of this subsection, if a principal violates § 3-604 of this subtitle, a sales representative whom the violation affects is entitled to bring an action against the principal to recover up to 3 times the amount of all commissions that the principal owes to the sales representative.

At least 10 days before an action is brought under this subsection, the sales representative shall give the principal written notice of intent to bring the action.

the principal revokes the offer of commission and the sales representative establishes that the revocation was for the purpose of avoiding payment of the commission; or

impair the application of § 2-201 or § 2-209 of the Commercial Law Article;

abrogate any rule of agency law; or

unconstitutionally impair the obligations of contracts.

try to resolve any issue involved in the violation informally by mediation; or

ask the Attorney General to bring an action on behalf of the applicant or employee.

submit to the Commissioner a written complaint; or

bring an action for injunctive relief, damages, or other relief.

a person engaged in a business, industry, profession, trade, or other enterprise in the State;

the State;

a county; and

a municipal corporation in the State.

This section does not apply to the federal government or any of its units.

This section does not apply to an individual who is an employee of or applies for assignment to the Intelligence and Investigative Division of the Department of Public Safety and Correctional Services.

This section does not apply to an individual who applies for employment or is employed:

This section does not apply to an applicant for employment as a correctional officer of a local correctional facility.

This section does not apply to an applicant for employment with either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections in any capacity that involves direct contact with an incarcerated individual in either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections.

This section does not apply to an applicant for employment with the Washington County Emergency Communications Center.

This section does not apply to an applicant for employment:

This section does not apply to an applicant for employment:

Each application for employment shall set out, in bold–faced upper case type, the following notice:

Each application shall provide a space for an applicant to sign an acknowledgment of the notice required under this subsection.

Whenever the Commissioner determines that this section has been violated, the Commissioner may:

The Attorney General may bring an action under this section in the county where the violation allegedly occurred, for injunctive relief, damages, or other relief.

In this section the following words have the meanings indicated.

“Managerial employee” means an employee who:

“Part–time employee” means an employee who is employed for a workweek of less than 25 hours.

“Professional employee” means an employee whose primary duty is to work in a field that requires advanced knowledge that customarily is acquired by a prolonged course of specialized instruction and study.

This subsection does not apply during an emergency that a federal, State, or local governmental authority declares.

An employee in a retail establishment may choose, as a day of rest, Sunday or the sabbath of the employee unless:

An employee who chooses a day of rest:

This subsection does not apply to a managerial employee or professional employee or, outside Wicomico County, a part–time employee.

If an employer compels an employee to work on the day of rest that the employee chooses under subsection (b) of this section, the employee is entitled to bring an action against the employer to recover 3 times the regular rate of pay of the employee for each hour the employee works on that day.

the sale of alcoholic beverages on Sunday; or

service of process on Sunday.

discharge, discipline, discriminate against, or otherwise penalize an employee who chooses a day of rest; or

require an applicant for employment who seeks a workweek of at least 25 hours to answer any question to identify the day that the applicant chooses as a day of rest.

Whenever the Commissioner determines that this section has been violated, the Commissioner shall:

The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.

This subsection does not apply to an agent or supervisory employee of an employer who violates any provision of this section if the employer authorizes, directs, or otherwise causes the agent or supervisory employee to violate the provision.

Outside Wicomico County, an employer who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $250 or more than $500.

In Wicomico County, a person who violates any provision of this section is guilty of a misdemeanor and on conviction, for each employee who is caused, directed, permitted, or authorized to work:

At any proceeding, a deaf employee may request an interpreter.

The request must be in writing and submitted at least 5 days before the proceeding begins.