(a) Where, after investigation, the Commissioner issues a citation for a knowing violation of this subtitle or regulations adopted under this subtitle by an employer engaged in work on a contract with a public body, the Commissioner shall promptly notify the public body.
(b) (1) On notification, the public body shall withhold from payment due the employer an amount that is sufficient to:
(i) pay restitution to each employee for the full amount of wages due; and
(ii) pay any benefits, taxes, or other contributions that are required by law to be paid on behalf of the employee.
(2) The public body shall release:
(i) on issuance of a favorable final order of a court or an administrative unit, the full amount of the withheld funds; and
(ii) on an adverse final order of a court or an administrative unit, the balance of the withheld funds after all obligations are satisfied under paragraph (1) of this subsection.
Structure Maryland Statutes
Title 3 - Employment Standards and Conditions
Section 3-903 - Failure to Properly Classify Employee
Section 3-904 - Knowing Failure to Properly Classify Employee
Section 3-907 - Finding of Violation and Compliance
Section 3-908 - Civil Penalty -- Violation of 3-903
Section 3-909 - Civil Penalty -- Violation of 3-904
Section 3-910 - Cooperation Among Various Agencies
Section 3-912 - Discriminatory Action by Employer
Section 3-913 - Violation by Employer Engaged in Contract Work With Public Body
Section 3-914 - Records; Notice to Independent Contractor or Exempt Person
Section 3-915 - Prohibited Activities for the Purpose of Violating This Subtitle
Section 3-918 - Payment of Civil Penalty Into General Fund