Maryland HB 685: Labor and Employment - Secure Maryland Wage Act

Bill Text

LAWRENCE J. HOGAN, JR., Governor Ch. 671

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Chapter 671
(House Bill 685)

AN ACT concerning

Labor and Employment – Secure Maryland Wage Act

FOR the purpose of requiring that certain employees working at a Maryland heightened
security interest location be paid a certain wage or combination of certain wages or
benefits for certain time periods under certain circumstances; requiring certain
employers to pay certain covered employees a certain supplement benefit rate in a
certain manner beginning on a certain date; declaring findings of the General
Assembly; specifying the purposes of certain provisions of this Act; specifying that
certain provisions of this Act do not diminish certain rights of certain covered
employees; requiring an employer to pay certain covered employees an overtime
wage under certain circumstances; specifying that a certain agreement to work for
less than a certain wage is void; prohibiting an employer from including a tip credit
as part of the wage of certain covered employees; requiring an employer to allow
certain covered employees to receive tips and retain all tips received; requiring and
authorizing the Commissioner of Labor and Industry to create and make available
certain materials for certain employers; requiring the Commissioner to provide
certain materials to certain employers under certain circumstances; requiring an
employer to keep posted in each place of employment certain materials in a certain
manner; requiring employers to keep certain records for a certain period of time;
requiring the Commissioner to take certain enforcement actions; providing for the
confidentiality of certain records and statements; authorizing a certain person to file
a complaint in circuit court within a certain time period under certain circumstances;
requiring that a certain complaint be served on the Commissioner; requiring the
court to make a certain determination under certain circumstances; authorizing
certain employees to bring a certain action under certain circumstances; authorizing
the Commissioner to take certain actions regarding certain claims under certain
circumstances; providing that a certain agreement is not a defense for certain
purposes; requiring a court to make certain awards to certain employees under
certain circumstances; prohibiting certain employers and employees from taking
certain actions; establishing a certain penalty; prohibiting a certain conviction of a
certain employer except under certain circumstances; requiring the Commissioner
to enforce certain provisions of law; authorizing the Commissioner to conduct a
certain investigation under certain circumstances; establishing an exemption under
the Wage and Hour Law for a certain covered employee; establishing an exemption
under the Living Wage Law for a certain covered employee; requiring the Port of
Baltimore to conduct a certain study and report to the Governor and the General
Assembly on or before a certain date; requiring the Maryland Aviation
Administration to conduct a certain study and report to the Governor and the
General Assembly on or before a certain date; providing for the application of certain
provisions of this Act; defining certain terms; and generally relating to wages paid
at heightened security interest locations.

Ch. 671 2021 LAWS OF MARYLAND

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BY repealing and reenacting, with amendments,
Article – Labor and Employment
Section 3–102 and, 3–403(13) and (14), and 3–419
Annotated Code of Maryland
(2016 Replacement Volume and 2020 Supplement)

BY adding to
Article – Labor and Employment
Section 3–103(m) and 3–403(15); and 3–1501 3–1601 through 3–1511 3–1611 to be
under the new subtitle “Subtitle 15 16. Secure Maryland Wage Act”
Annotated Code of Maryland
(2016 Replacement Volume and 2020 Supplement)

BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 18–102
Annotated Code of Maryland
(2015 Replacement Volume and 2020 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Labor and Employment

3–102.

(a) In addition to any duties set forth elsewhere, the Commissioner shall:

(1) enforce Subtitle 2 of this title;

(2) carry out Subtitle 3 of this title;

(3) enforce Subtitle 4 of this title;

(4) enforce Subtitle 9 of this title; [and]

(5) ENFORCE SUBTITLE 15 16 OF THIS TITLE; AND

(6) enforce a local minimum wage law.

(b) If the Governor declares an emergency or disaster, then, with the consent of
the Governor, the Commissioner may suspend enforcement of any provision of Subtitle 2 of
this title until the emergency or disaster ends.

LAWRENCE J. HOGAN, JR., Governor Ch. 671

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(c) The Commissioner has the same powers and duties in enforcing a local
minimum wage law as the Commissioner has in enforcing Subtitle 4 of this title.

3–103.

(M) THE COMMISSIONER MAY CONDUCT AN INVESTIGATION TO DETERMINE
WHETHER SUBTITLE 15 16 OF THIS TITLE HAS BEEN VIOLATED ON RECEIPT OF