Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Subtitle 1 - Definitions; General Provisions
Section 3-101 - Definitions - (a) In this title the following words have the meanings...
Section 3-102 - Administration - (a) In addition to any duties set forth elsewhere, the...
Section 3-103 - Investigations - (a) Except as otherwise provided in this section, the Commissioner...
Section 3-104 - Delegation of Powers and Duties - The Commissioner may delegate any power or duty of the...
Subtitle 2 - Employment of Minors
Section 3-201 - "Minor" Defined - In this subtitle, “minor” means an individual who is under...
Section 3-202 - Statement of Policy - The policy of the State is to encourage the development...
Section 3-203 - Scope of Subtitle - This subtitle does not apply to an activity that a...
Section 3-204 - Miscellaneous Powers - For purposes of this subtitle and during reasonable business hours,...
Section 3-205 - Permit Required - Unless an employer possesses a work or special permit for...
Section 3-206 - Work Permits - (a) A parent or guardian of a minor may apply...
Section 3-207 - Special Permits - (a) Subject to this section, the Commissioner may issue a...
Section 3-208 - Scope of Permit - A work permit or special permit authorizes a minor to...
Section 3-209 - Minors Under 14 - Except as otherwise provided in this subtitle, a minor under...
Section 3-210 - Work Hours -- in General - (a) (1) A minor may not be employed or allowed...
Section 3-211 - Work Hours -- Minors Under 16 - (a) (1) Except as provided in subsection (b) of this...
Section 3-212 - Restricted Employment During Certain Hours - (a) This section does not apply to a minor who:...
Section 3-213 - Prohibited Employment - (a) Except as otherwise provided in this subtitle, a minor...
Section 3-214 - Posting Notice of Subtitle - Each employer shall keep posted conspicuously in each place where...
Section 3-215 - Revocations - After review, the Commissioner may revoke a work permit or...
Section 3-216 - Prohibited Acts; Penalties - (a) A person may not: (1) interfere with or hinder...
Subtitle 3 - Equal Pay for Equal Work
Section 3-301 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-302 - Scope of Subtitle - This subtitle applies to an employer of both men and...
Section 3-303 - Miscellaneous Powers of Commissioner - In addition to any powers set forth elsewhere, the Commissioner...
Section 3-304 - Equal Pay for Equal Work - (a) In this section, “providing less favorable employment opportunities” means:...
Section 3-304.1 - Inquiring About, Discussion, or Disclosure of Wages - (a) An employer may not: (1) prohibit an employee from:...
Section 3-304.2 - Wage Range and Wage History - (a) On request, an employer shall provide to an applicant...
Section 3-305 - Records and Reports - (a) (1) Each employer shall keep each record that the...
Section 3-306 - Copies and Posting of Subtitle; Educational Materials and Training - (a) On request of an employer, the Commissioner shall provide...
Section 3-306.1 - Violations -- Mediation or Action - (a) Whenever the Commissioner determines that this subtitle has been...
Section 3-307 - Action Against Employer by or for Employee - (a) (1) If an employer knew or reasonably should have...
Section 3-308 - Prohibited Acts; Penalties - (a) An employer may not: (1) willfully violate any provision...
Section 3-309 - Equal Pay Commission - (a) In this section, “Commission” means the Equal Pay Commission....
Subtitle 4 - Wages and Hours
Part I - Definitions; General Provisions
Section 3-401 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-402 - Legislative Findings and Purpose - (a) The General Assembly finds that wages in some occupations...
Section 3-403 - Scope of Subtitle - This subtitle does not apply to an individual who: (1)...
Section 3-404 - Effect of Subtitle - This subtitle does not diminish: (1) the right of employees...
Section 3-405 - Void Agreements - An agreement to work for less than the wage required...
Part II - Administration
Section 3-408 - Powers to Ascertain Wages and Obtain Evidence - (a) The Commissioner may ascertain what wage is paid in...
Section 3-410 - Regulations - In addition to any regulation specifically required by this subtitle,...
Part III - Required Wages
Section 3-413 - Payment of Minimum Wage Required - (a) (1) In this section the following words have the...
Section 3-413.1 - Temporary Suspension of Minimum Wage Increase as Result of Negative Employment Statistics - (a) In this section, “Board” means the Board of Public...
Section 3-414 - Individuals With Disabilities - (a) In this section, “federal certificate” means a certificate that...
Section 3-415 - Payment of Overtime - (a) Except as otherwise provided in this section, each employer...
Part IV - Computation of Wage
Section 3-418 - Cost of Advantages - (a) In this section, “board, lodging, or other advantage” means...
Section 3-419 - Tips - (a) (1) Except as provided in § 3–1604(d) of this...
Section 3-420 - Overtime - (a) Except as otherwise provided in this section, an employer...
Section 3-421 - Involuntary Overtime Prohibition - (a) In this section, “nurse” means a licensed practical nurse...
Part V - Enforcement
Section 3-423 - Copies and Posting of Law - (a) On request by an employer, the Commissioner shall provide...
Section 3-424 - Wage Records - Each employer shall keep, for at least 3 years, in...
Section 3-425 - Inspection of Wage Records - (a) The Commissioner shall enter a place of employment to:...
Section 3-426 - Judicial Review and Enforcement - (a) (1) A person aggrieved by a regulation or order...
Section 3-427 - Action Against Employer by or for Employee - (a) If an employer pays an employee less than the...
Section 3-428 - Prohibited Acts; Penalties - (a) In this section, “complaint” includes a written or oral...
Part VI - Short Title
Section 3-431 - Short Title - This subtitle may be cited as the Maryland Wage and...
Subtitle 5 - Wage Payment and Collection
Section 3-501 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-502 - Payment of Wage - (a) (1) Each employer: (i) shall set regular pay periods;...
Section 3-503 - Deductions - An employer may not make a deduction from the wage...
Section 3-504 - Notice of Wages and Paydays - (a) An employer shall give to each employee: (1) at...
Section 3-505 - Payment on Termination of Employment; Accrued Leave - (a) Except as provided in subsection (b) of this section,...
Section 3-506 - Reciprocal Agreements - To collect wages that employers unlawfully withhold, the Commissioner may...
Section 3-507 - Enforcement - (a) Whenever the Commissioner determines that this subtitle has been...
Section 3-507.1 - Order to Pay Wages - (a) On receipt of a complaint for failure to pay...
Section 3-507.2 - Action to Recover Unpaid Wages - (a) Notwithstanding any remedy available under § 3–507 of this...
Section 3-508 - Prohibited Acts; Penalties - (a) An employer may not willfully violate this subtitle. (b)...
Section 3-509 - Short Title - This subtitle may be cited as the Maryland Wage Payment...
Subtitle 6 - Wholesale Sales Representatives
Section 3-601 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-602 - Scope of Subtitle - This subtitle does not apply to an individual who is...
Section 3-603 - Void Waivers - A provision of a contract that is made between a...
Section 3-604 - Payment of Commission on Termination of Contract - Each principal shall pay to a sales representative all commissions...
Section 3-605 - Action by Sales Representative - (a) (1) Subject to the requirement of paragraph (2) of...
Section 3-606 - Personal Jurisdiction - For purposes of personal jurisdiction under § 6-103 of the...
Section 3-607 - Revocable Offer of Commission - (a) If a principal makes a revocable offer of a...
Section 3-608 - Violations -- Mediation or Action - (a) Whenever the Commissioner determines that this subtitle has been...
Subtitle 7 - Miscellaneous
Section 3-701 - Medical Questions - (a) This section does not prohibit a proper medical evaluation...
Section 3-702 - Lie Detector Tests - (a) In this section, “employer” means: (1) a person engaged...
Section 3-703 - Volunteer Activities - An employer may not discharge an employee for participation in...
Section 3-704 - Day of Rest -- Retail and Wholesale Establishments - (a) (1) In this section the following words have the...
Section 3-705 - Pension Plans - A pension plan may not reduce a payment to an...
Section 3-707 - Interpreters - (a) This section applies to a proceeding before an administrative...
Section 3-708 - Active Service in the Armed Forces of the United States -- Renewal of Licenses; Credit for Apprenticeship - (a) An application for renewal of a license, certificate, permit,...
Section 3-709 - Jury Service - An employee has the duties and rights set forth: (1)...
Section 3-710 - Healthy Retail Employee Act - (a) (1) In this section the following words have the...
Section 3-711 - Job Applicant Fairness Act - (a) This section does not apply to an employer that...
Section 3-712 - User Name and Password Privacy Protection and Exclusions - (a) (1) In this section the following words have the...
Section 3-713 - Payments or Deduction From Wages -- Tipped Employees - (a) In this section, “tipped employee” means an employee who...
Section 3-714 - Hiring and Promotion Preferences -- Veterans and Veterans' Spouses - (a) In this section, “eligible veteran” means a veteran of...
Section 3-715 - Contractual Provision Waiving Right to Claim of Sexual Harassment or Retaliation Deemed Null and Void - (a) Except as prohibited by federal law, a provision in...
Section 3-716 - Noncompete or Conflict of Interest Provision in Contract - (a) (1) This section applies: (i) to an employment contract...
Section 3-717 - Use of Facial Recognition Services Prohibited -- Consent by Applicant - (a) (1) In this section the following words have the...
Subtitle 8 - Leave
Section 3-801 - "Employer" Defined; Applicability; Adoption Leave - (a) (1) In this section, “employer” means a person engaged...
Section 3-802 - Leave for Illness of Immediate Family - (a) (1) In this section the following words have the...
Section 3-803 - Deployment Leave - (a) (1) In this section the following words have the...
Subtitle 9 - Workplace Fraud
Section 3-901 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-902 - Scope - This subtitle applies only to the following industries: (1) construction...
Section 3-903 - Failure to Properly Classify Employee - (a) An employer may not fail to properly classify an...
Section 3-903.1 - Presumption That Employer-Employee Relationship Exists Inapplicable in Certain Situations - The presumption that an employer–employee relationship exists under § 3–903(c)(1)...
Section 3-904 - Knowing Failure to Properly Classify Employee - (a) An employer may not knowingly fail to properly classify...
Section 3-905 - Investigation - (a) The Commissioner shall investigate as necessary to determine compliance...
Section 3-906 - Citation - (a) After the employer has provided all the records requested...
Section 3-907 - Finding of Violation and Compliance - (a) If, after investigation, the Commissioner determines that an employer...
Section 3-908 - Civil Penalty -- Violation of 3-903 - (a) An employer in violation of § 3–903 of this...
Section 3-909 - Civil Penalty -- Violation of 3-904 - (a) An employer found to have knowingly failed to properly...
Section 3-910 - Cooperation Among Various Agencies - As authorized by State and federal law, units within the...
Section 3-911 - Civil Action - (a) (1) Except as provided in paragraph (2) of this...
Section 3-912 - Discriminatory Action by Employer - (a) An employer may not discriminate in any manner or...
Section 3-913 - Violation by Employer Engaged in Contract Work With Public Body - (a) Where, after investigation, the Commissioner issues a citation for...
Section 3-914 - Records; Notice to Independent Contractor or Exempt Person - (a) An employer shall keep, for at least 3 years,...
Section 3-915 - Prohibited Activities for the Purpose of Violating This Subtitle - (a) A person may not knowingly incorporate or form, or...
Section 3-916 - Groundless or Malicious Complaint and Bad Faith Actions; Administrative Penalty; Attorneys' Fees - (a) A person may not: (1) make or cause to...
Section 3-917 - Regulations - The Commissioner shall adopt regulations to carry out this subtitle.
Section 3-918 - Payment of Civil Penalty Into General Fund - Each civil penalty under this subtitle shall be paid into...
Section 3-919 - Budget and Costs - (a) The proposed budget of the Division of Labor and...
Section 3-920 - Annual Report - (a) The Commissioner shall prepare an annual report for the...
Subtitle 10 - Civil Air Patrol Leave
Section 3-1001 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1002 - Discrimination Prohibited - (a) An employer may not discriminate against or discharge from...
Section 3-1003 - Leave - (a) An employer shall provide no less than 15 days...
Section 3-1004 - Restoration of Position - (a) The employer shall restore the employee to the position...
Section 3-1005 - In General - (a) The use of Civil Air Patrol leave under this...
Section 3-1006 - Prohibited Acts - (a) An employer may not interfere with the use of...
Section 3-1007 - Enforcement - (a) An employee may bring a civil action in the...
Section 3-1008 - Violations -- Mediation or Action - (a) Whenever the Commissioner determines that this subtitle has been...
Subtitle 11 - Lien for Unpaid Wages
Section 3-1101 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1102 - Notice Required; Contents - To establish a lien for unpaid wages under § 3–1104...
Section 3-1103 - Disputed Claims - (a) An employer may dispute a lien for unpaid wages...
Section 3-1104 - Establishing Lien - A lien for unpaid wages is established: (1) after a...
Section 3-1105 - Recordation of Lien - (a) If a circuit court orders the establishment of a...
Section 3-1106 - Enforcement - (a) An order for a lien for unpaid wages shall...
Section 3-1107 - Contract Requiring Waiver of Right Prohibited - (a) A contract between an employee and an employer may...
Section 3-1108 - Construction of Subtitle - This subtitle may not be construed to prevent an employee...
Section 3-1109 - Commissioner May Establish Lien - The Commissioner may seek to establish a lien for unpaid...
Section 3-1110 - Regulations - The Commissioner shall adopt regulations to: (1) establish the content...
Subtitle 12 - Parental Leave Act
Section 3-1201 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1202 - General Consideration - (a) Except as provided in subsection (b) of this section,...
Section 3-1203 - Notice Requirements - (a) Except as provided in subsection (b) of this section,...
Section 3-1204 - Return to Work - (a) An eligible employee who returns to work after taking...
Section 3-1205 - Group Health Plans; Commissions - (a) (1) During any period that an eligible employee takes...
Section 3-1206 - Regulations - The Commissioner shall adopt regulations to implement the provisions of...
Section 3-1207 - Violations -- Action by Commissioner - (a) Whenever the Commissioner determines that this subtitle has been...
Section 3-1208 - Violations -- Actions by Employee - (a) If an employer violates this subtitle, an affected employee...
Section 3-1209 - Prohibited Acts by Employers - (a) An employer may not: (1) violate any provision of...
Section 3-1210 - Effect of Collective Bargaining Agreement or Employment Benefit Program or Plan - (a) This subtitle may not be construed to diminish the...
Section 3-1211 - Adoption or Retention of More Generous Policies by Employers Not Discouraged - This subtitle may not be construed to discourage employers from...
Subtitle 13 - Healthy Working Families Act
Section 3-1301 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1302 - Paid Leave Policy - (a) In this section, “existing paid leave” includes: (1) vacation...
Section 3-1303 - Applicability - (a) This subtitle does not apply to an employee who:...
Section 3-1304 - Requirements; Calculation of Leave - (a) (1) (i) Subject to subparagraph (iii) of this paragraph,...
Section 3-1305 - Use of Leave - (a) An employer shall allow an employee to use earned...
Section 3-1306 - Notifications to Employees - (a) An employer shall notify the employer’s employees that the...
Section 3-1307 - Records - (a) An employer shall keep for at least 3 years...
Section 3-1308 - Violation by Employer; Procedure - (a) If an employee believes that an employer has violated...
Section 3-1309 - Interference With Exercise of Rights Prohibited - (a) In this section, “adverse action” includes: (1) discharge; (2)...
Section 3-1310 - Violations by Employee - (a) An employee may not in bad faith: (1) file...
Section 3-1311 - Short Title - This subtitle may be cited as the Maryland Healthy Working...
Subtitle 14 - Organ Donation Leave
Section 3-1401 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1402 - Unpaid Organ Donation Leave - (a) Subject to subsection (b) of this section, an eligible...
Section 3-1403 - Rights of Eligible Employee Who Take Leave - (a) An employer may not consider any period of time...
Section 3-1404 - Group Health Plan Coverage; Commission - (a) During any period that an eligible employee takes organ...
Section 3-1405 - Regulations - The Commissioner shall adopt regulations to implement the provisions of...
Section 3-1406 - Violations - (a) Whenever the Commissioner determines that this subtitle has been...
Section 3-1407 - Prohibited Activities - (a) An employer may not: (1) violate any provision of...
Section 3-1408 - Leave Rights Under This Subtitle - (a) This subtitle may not be construed to diminish the...
Section 3-1409 - More Generous Leave Policies Allowed - This subtitle may not be construed to discourage employers from...
Subtitle 15 - Criminal History Screening
Section 3-1501 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1502 - Certain Employer Inquiries or Actions Not Prohibited -- More Restrictive Local Actions Allowed - (a) This subtitle does not: (1) prohibit an employer from...
Section 3-1503 - When Inquiries About Criminal Records Allowed - (a) Except as provided in subsection (b) of this section,...
Section 3-1504 - Retaliatory Actions and Discrimination Prohibited - An employer may not take or refuse to take a...
Section 3-1505 - Employer Penalties Enforced by Commissioner - (a) If the Commissioner determines that an employer has violated...
Subtitle 16 - Secure Maryland Wage Act
Section 3-1601 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1602 - Legislative Findings -- Purpose of Subtitle - (a) The General Assembly finds that: (1) low wages of...
Section 3-1603 - Application of Subtitle -- Rights of Covered Employees - (a) This subtitle applies to a covered employee of an...
Section 3-1604 - Wage Rate for Covered Employees -- Overtime Wages -- Void Agreements -- Tips Not Included - (a) (1) An employer shall pay a covered employee a...
Section 3-1605 - Duties of Commissioner -- Provided to Employer on Request -- Posted by Employer in Place of Employment - (a) The Commissioner: (1) shall create and make available a...
Section 3-1606 - Records Kept by Employers - Each employer shall keep, for at least 3 years, in...
Section 3-1607 - Commissioner Authority to Enter Places of Employment -- Information Confidential - (a) The Commissioner shall enter a place of employment to:...
Section 3-1608 - Judicial Review of Commissioner Actions -- Actions Not Stayed -- Court Determinations - (a) (1) A person aggrieved by a regulation adopted by...
Section 3-1609 - Actions Brought by Covered Employee Against Employer -- Written Requests by Employee -- Agreement by Employee Not Defense -- Award to Covered Employee - (a) If an employer pays a covered employee less than...
Section 3-1610 - Complaint by Covered Employee -- Restrictions on Employer and Covered Employee -- Violation a Misdemeanor -- Limitation on Conviction of Employer - (a) In this section, “complaint” includes a written or oral...
Section 3-1611 - Citation of Subtitle - This subtitle may be cited as the Secure Maryland Wage...
Subtitle 17 - Maryland Essential Workers' Protection Act
Section 3-1701 - Definitions - (a) In this subtitle the following words have the meanings...
Section 3-1702 - Application to Certain Essential Employers - This subtitle applies only to essential employers in industries and...
Section 3-1703 - Actions by Essential Employers During Emergency - During an emergency, each essential employer shall: (1) provide working...
Section 3-1704 - Right of Essential Worker to Refuse an Assigned Task - An essential worker has a right to refuse to perform...
Section 3-1705 - Proactive Steps by Essential Employer if Worker Contracts Communicable Disease -- Employer to Pay Cost of Testing -- Reporting of Positive Test Results - (a) During an emergency, if an essential worker or any...
Section 3-1706 - Public Health Emergency Leave -- Paid Leave Provided by Essential Employer -- Use by Essential Employees -- Documentation Required - (a) (1) In this section the following words have the...
Section 3-1707 - Restrictions on Reclassifying of Workers - An essential employer may not knowingly misclassify an essential worker...
Section 3-1708 - Actions by Employee if Employer Allegedly Violates Subtitle -- Written Complaint - (a) If an essential worker believes that an essential employer...
Section 3-1709 - Citation of Subtitle - This subtitle may be cited as the Maryland Essential Workers’...