Maryland 2022 Regular Session

Maryland Senate Bill SB1

Introduced
1/12/22  
Refer
1/12/22  
Report Pass
3/7/22  
Engrossed
3/10/22  
Refer
3/11/22  
Report Pass
3/31/22  
Enrolled
4/1/22  
Vetoed
4/8/22  

Caption

State Finance and Procurement – Prevailing Wage – Stop Work Orders

Impact

The implementation of SB1 significantly changes the enforcement landscape regarding prevailing wage laws in Maryland. By granting the Commissioner the authority to halt work at sites with suspected wage violations, it creates a more robust compliance mechanism. It also allows for civil fines to be imposed on non-compliant contractors or subcontractors, potentially encouraging better adherence to labor laws and protecting worker interests. Additionally, the bill establishes that a prime contractor may terminate a subcontractor's contract without liability if a stop work order is issued, adding a layer of protection for primary contractors against violations committed by subcontractors.

Summary

Senate Bill 1, known as the State Finance and Procurement – Prevailing Wage – Stop Work Orders Act, establishes a framework for enforcing prevailing wage laws within Maryland's public work contracts. It authorizes the Commissioner of Labor and Industry to issue stop work orders at job sites where violations of prevailing wage rates are suspected. The bill sets forth explicit procedures that the Commissioner must follow, ensuring that contractors and subcontractors are informed promptly and have opportunities to rectify any violations before penalties are enforced. This legislation aims to strengthen compliance and accountability in the construction industry, particularly concerning wage standards for workers.

Sentiment

The sentiment around SB1 is generally supportive among labor advocates and groups focused on workers' rights, who view it as a step forward in protecting employees from wage theft and ensuring fair compensation. However, there has been some concern from business groups about the potential for excessive penalties and the impact on contractors' operations. Opponents argue that while enforcing wage laws is essential, the bill could create operational challenges for businesses, especially those that may inadvertently violate the provisions, highlighting tensions between worker protections and business interests.

Contention

Notable points of contention regarding SB1 include concerns about the balance between strict enforcement and the operational realities faced by contractors. Critics fear that the broad powers granted to the Commissioner may lead to unjust penalties for unintentional violations, which could disproportionately impact smaller contractors or subcontractors who may not have the same resources to navigate potential investigations. Supporters counter that the measures are necessary to prevent wage violations and ensure that workers are compensated fairly, framing the legislation as essential for maintaining equity in the labor market.

Companion Bills

MD HB145

Crossfiled State Finance and Procurement - Prevailing Wage - Stop Work Orders

Previously Filed As

MD HB145

State Finance and Procurement - Prevailing Wage - Stop Work Orders

MD SB259

Procurement - Prevailing Wage - Applicability

MD HB611

Procurement - Prevailing Wage - Applicability

MD HB465

Workplace Fraud and Prevailing Wage - Violations - Civil Penalty and Referrals

MD SB838

Workplace Fraud and Prevailing Wage - Violations - Referrals

MD HB2881

PREVAILING WAGE-PUBLIC WORKS

MD SB0249

PREVAILING WAGE-PUBLIC WORKS

MD HB1261

Workplace Fraud and Prevailing Wage - Violations - Penalties and Referrals

MD SB436

Workplace Fraud and Prevailing Wage - Violations - Penalties and Referrals

MD HB1538

Requiring prevailing wages on state-funded public works projects.

Similar Bills

MD HB145

State Finance and Procurement - Prevailing Wage - Stop Work Orders

MD SB3

Workgroup on the Creation of a Data Dashboard for Public Work Contracts and Apprentices - Establishment

MD HB850

Workgroup on the Creation of a Data Dashboard for Public Work Contracts and Apprentices - Establishment

MD HB1096

Fraud Prevention and Worker Protections - Prohibitions, Penalties, and Enforcement

MD SB938

Fraud Prevention and Worker Protections - Prohibitions, Penalties, and Enforcement

NV AB502

Revises provisions relating to public works. (BDR 28-401)

CA AB2135

Public works contracts: wage and penalty assessment.

NV AB222

Revises provisions relating to public works. (BDR 28-675)