Title 3. Employment Standards and Conditions — Subtitle 4. Wages and Hours

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: