In this subtitle the following words have the meanings indicated. “Covered employee” means any individual employed to perform work at a heightened security interest location who is a nonexempt employee as described in the federal Fair Labor Standards Act. “Covered employee” does not include an individual employed to perform work at a heightened security interest location by: a retail establishment as defined in § 3–710 of this title; a food service facility as defined in § 21–301 of the Health – General Article; or an on–airport or off–airport motor vehicle rental company, or any other company involved in motor vehicle rental operations. “Employ” means to engage an individual to work. “Employ” includes: allowing an individual to work; and instructing an individual to be present at a work site. “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee. “Employer” does not include: an employer that provides construction services as defined in § 3–901 of this title; or an airline. “Heightened security interest location” means: Baltimore–Washington International Thurgood Marshall Airport; or Pennsylvania Station in Baltimore. “Wage” means all compensation that is due to an employee for employment.

The General Assembly finds that: low wages of employees at a heightened security interest location can be a substantial factor in the inability of these locations to attract or retain experienced and trained employees; and high turnover rates and inexperience of many employees at a heightened security interest location that result from low wages can hinder the ability of the employees to respond to emergency situations and put at risk the safety, security, and welfare of the residents of the State. The purpose of this subtitle is to set a higher wage standard for employees working at a heightened security interest location to promote the safety, security, and welfare of the residents of the State by: ensuring that employers at a heightened security interest location can attract and retain experienced and trained workers; increasing employee preparedness and improving the ability of employees to assist in emergency responses and evacuations; safeguarding employers and employees against unfair competition that compromises safety; providing a maintenance level that increases employee efficiency, general well–being, and health; and protecting the vitality of a heightened security interest location through improvements to the experience, training, and efficacy of employees in terms of safety and security.

This subtitle applies to a covered employee of an employer only if at least 50% of the covered employee’s time during any workweek is performed at a heightened security interest location. This subtitle does not diminish: the right of covered employees to bargain collectively with their employers through representatives whom the covered employees choose to establish wages or other conditions of employment in excess of the applicable minimum for wages under this subtitle; or a right of a covered employee that is granted under the federal Fair Labor Standards Act.

An employer shall pay a covered employee a wage rate: for the 12–month period beginning January 1, 2022, that is not less than $13.50 per hour; for the 12–month period beginning January 1, 2023, that is not less than $14.25 per hour; for the 12–month period beginning January 1, 2024, that is not less than $15.00 per hour; and for the 12–month period beginning January 1, 2025, that is not less than $16.00 per hour. Beginning January 1, 2026, an employer shall pay a covered employee: a wage rate that is not less than $16.00 per hour; and an additional supplement benefit rate with a value not less than $1.00 per hour by: applying the full supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave; applying a portion of the supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave; and paying the balance in cash; or paying the entire supplement benefit in cash. An employer shall pay an overtime wage of at least 1.5 times the usual hourly wage required under subsection (a) of this section on the basis of each hour over 40 hours that a covered employee works during 1 workweek. An agreement between an employer and a covered employee to work for less than the wage required under this section is void. An employer may not include a tip credit amount under § 3–419 of this title as part of the wage of a covered employee whose duties include providing passengers with wheelchair assistance, including a wheelchair agent or a passenger service agent. An employer of a covered employee described in paragraph (1) of this subsection shall allow the covered employee to receive tips and retain all tips received.

The Commissioner: shall create and make available a summary of this subtitle; and may create and make available a summary of regulations adopted under this subtitle. On request of an employer, the Commissioner shall provide without charge: a copy of this subtitle; a summary of this subtitle; a copy of regulations adopted under this subtitle; and if the Commissioner has developed a summary of regulations adopted under this subtitle, a summary of the regulations. Each employer shall keep posted conspicuously in each place of employment: a summary of this subtitle that the Commissioner has provided to the employer; and a copy or summary of regulations adopted under this subtitle.

Each employer shall keep, for at least 3 years, in or about the place of employment, a record of: the name, address, and occupation of each employee; the rate of pay of each employee; the amount that is paid each pay period to each employee; the hours that each employee works each day and workweek; and other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.

The Commissioner shall enter a place of employment to: 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 to: attest to the truthfulness of each record that is copied and to sign the copy; or at the option of the employer, submit a complete written statement about the wages, hours, name, and address of each employee, on forms that the Commissioner provides or approves. Each record or statement that the Commissioner or an authorized representative of the Commissioner obtains under subsection (a) of this section is confidential and may be shown only to the Commissioner or a court.

A person aggrieved by a regulation adopted by or an order to pay wages issued by the Commissioner under this subtitle may file a complaint in circuit court 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. Unless the court specifically orders otherwise, the commencement of proceedings under this section may not operate as a stay of the regulation or order to pay wages. 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.

If an employer pays a covered employee less than the wage required under this subtitle, the covered employee may bring an action against the employer to recover: the difference between the wage paid to the covered employee and the wage required under this subtitle; an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and counsel fees and other costs. On the written request of a covered employee who is entitled to bring an action under this section, the Commissioner may: take an assignment of the claim in trust for the covered employee; ask the Attorney General to bring an action in accordance with this section on behalf of the covered employee; and consolidate two or more claims against an employer. The agreement of a covered employee to work for less than the wage to which the covered employee is entitled under this subtitle is not a defense to an action under this section. If a court determines that a covered employee is entitled to recovery in an action under this section, the court shall award to the covered employee: the difference between the wage paid to the covered employee and the wage required under this subtitle; except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the covered employee and the wage required under this subtitle as liquidated damages; and reasonable counsel fees and other costs. 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 covered employee were not less than the wage required under this subtitle, the court shall: determine that liquidated damages should not be awarded; or award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.

In this section, “complaint” includes a written or oral complaint, claim, or assertion of right by a covered employee regarding the payment of wages under this subtitle that is made to: the employer or a supervisor, manager, or foreman employed by the employer whether it is made through the employer’s internal grievance process or otherwise; or the Commissioner or an authorized representative of the Commissioner. An employer may not: pay or agree to pay less than the wage required under this subtitle; hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle; take adverse action against a covered employee because the covered employee: makes a complaint that the covered employee has not been paid in accordance with this subtitle; brings an action under this subtitle or a proceeding that relates to the subject of this subtitle; or has testified in an action under this subtitle or a proceeding related to the subject of this subtitle; or violate any other provision of this subtitle. Adverse action prohibited under paragraph (1) of this subsection includes: discharge; demotion; threatening the covered employee with discharge or demotion; and any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable covered employee from making a complaint, bringing an action, or testifying in an action under this subtitle. A covered employee may not: make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner; in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. An employer may not be convicted under this section unless the evidence demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.

This subtitle may be cited as the Secure Maryland Wage Act.