Maryland HB 790: Equal Pay for Equal Work - Enforcement - Civil Penalties (Equal Pay Remedies and Enforcement Act)

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0790*

HOUSE BILL 790
K3 9lr1941

By: Delegates Queen, Charkoudian, Dumais, Fennell, Glenn, Hettleman, Kelly,
Korman, Krimm, Lopez, Luedtke, Moon, Palakovich Carr, Patterson,
Pena–Melnyk, Proctor, Qi, Shetty, Stewart, Valderrama, C. Watson,
Wilkins, and K. Young
Introduced and read first time: February 8, 2019
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Equal Pay for Equal Work – Enforcement – Civil Penalties 2
(Equal Pay Remedies and Enforcement Act) 3

FOR the purpose of requiring the Commissioner of Labor and Industry or a court to require 4
a certain employer to pay a certain civil penalty for a violation of the Equal Pay for 5
Equal Work Law; authorizing the Commissioner or a court to order certain 6
additional civil penalties or certain relief under certain circumstances; requiring that 7
a certain penalty be paid to the General Fund for a certain purpose; and generally 8
relating to enforcement of the Equal Pay for Equal Work Law. 9

BY repealing and reenacting, with amendments, 10
Article – Labor and Employment 11
Section 3–308 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2018 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Labor and Employment 17

3–308. 18

(a) An employer may not: 19

(1) willfully violate any provision of this subtitle; 20

(2) hinder, delay, or otherwise interfere with the Commissioner or an 21

2 HOUSE BILL 790

authorized representative of the Commissioner in the enforcement of this subtitle; 1

(3) refuse entry to the Commissioner or an authorized representative of the 2
Commissioner into a place of employment that the Commissioner is authorized under this 3
subtitle to inspect; or 4

(4) discharge or otherwise discriminate against an employee because the 5
employee: 6

(i) makes a complaint to the employer, the Commissioner, or 7
another person; 8

(ii) brings an action under this subtitle or a proceeding that relates 9
to the subject of this subtitle or causes the action or proceeding to be brought; or 10

(iii) has testified or will testify in an action under this subtitle or a 11
proceeding that relates to the subject of this subtitle. 12

(b) An employee may not: 13

(1) make a groundless or malicious complaint to the Commissioner or an 14
authorized representative of the Commissioner; 15

(2) in bad faith, bring an action under this subtitle; 16

(3) in bad faith, bring a proceeding that relates to the subject of this 17
subtitle; or 18

(4) in bad faith, testify in an action under this subtitle or a proceeding that 19
relates to the subject of this subtitle. 20

(c) The Commissioner may bring an action for injunctive relief and damages 21
against a person who violates subsection (a)(1) or (4) or subsection (b)(1), (3), or (4) of this 22
section. 23

(d) (1) An employer who violates any provision of subsection (a)(2) or (3) of this 24
section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $300. 25

(2) (I) IF AN EMPLOYER IS FOUND TO HAVE VIOLATED THIS 26
SUBTITLE, THE COMMISSIONER OR A COURT SHALL REQUIRE THE EMPLOYER TO 27
PAY A CIVIL PENALTY EQUAL TO 10% OF THE AMOUNT OF DAMAGES OWED BY THE 28
EMPLOYER. 29

(II) THE COMMISSIONER OR A COURT MAY ORDER ADDITIONAL 30
CIVIL PENALTIES AND ANY OTHER APPROPRIATE RELIEF FOR VIOLATIONS OF THIS 31
SUBTITLE. 32

HOUSE BILL 790 3

(III) EACH CIVIL PENALTY ASSESSED UNDER THIS PARAGRAPH 1
SHALL BE PAID TO THE GENERAL FUND OF THE STATE TO OFFSET THE COST OF 2
ENFORCING THIS SUBTITLE. 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2019. 5