EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0431*
HOUSE BILL 431
K3 2lr2984
HB 1615/17 – HRU CF 2lr0721
By: Delegate Foley
Introduced and read first time: January 20, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Maryland Fair Scheduling Act 2
FOR the purpose of requiring an employer who employs individuals in a food service facility 3
or retail establishment to pay certain employees at a certain rate of pay for certain 4
shifts of work, except under certain circumstances; providing that certain employees 5
employed in a food service facility or retail establishment have the right to decline 6
to work hours that occur during a certain period; and generally relating to fair 7
scheduling. 8
BY repealing and reenacting, with amendments, 9
Article – Labor and Employment 10
Section 2–106(b) and 3–102(a) 11
Annotated Code of Maryland 12
(2016 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Labor and Employment 15
Section 3–103(n); and 3–1801 through 3–1811 to be under the new subtitle “Subtitle 16
18. Fair Scheduling” 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2021 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Labor and Employment 22
2–106. 23
(b) Except as provided in subsection (c) of this section, and in addition to authority 24
to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations 25 2 HOUSE BILL 431
that are necessary to carry out: 1
(1) Title 3, Subtitle 3 of this article; 2
(2) Title 3, Subtitle 5 of this article; 3
(3) Title 3, Subtitle 13 of this article; 4
(4) TITLE 3, SUBTITLE 18 OF THIS ARTICLE; 5
[(4)] (5) Title 4, Subtitle 2, Parts I through III of this article; 6
[(5)] (6) Title 5 of this article; 7
[(6)] (7) Title 6 of this article; and 8
[(7)] (8) Title 7 of this article. 9
3–102. 10
(a) In addition to any duties set forth elsewhere, the Commissioner shall: 11
(1) enforce Subtitle 2 of this title; 12
(2) carry out Subtitle 3 of this title; 13
(3) enforce Subtitle 4 of this title; 14
(4) enforce Subtitle 9 of this title; 15
(5) enforce Subtitle 16 of this title; [and] 16
(6) ENFORCE SUBTITLE 18 OF THIS TITLE; AND 17
[(6)] (7) enforce a local minimum wage law. 18
3–103. 19
(N) THE COMMISSIONER MAY COND UCT AN INVESTIGATION TO DETERMINE 20
WHETHER A PROVISION OF SUBTITLE 18 OF THIS TITLE HAS BE EN VIOLATED, ON 21
THE COMMISSIONER ’S OWN INITIATIVE OR ON RECEIPT OF A WRIT TEN COMPLAINT 22
OF AN EMPLOYEE . 23
SUBTITLE 18. FAIR SCHEDULING. 24
3–1801. 25 HOUSE BILL 431 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “EMPLOYEE” DOES NOT INCLUDE : 3
(1) AN INDIVIDUAL WHO IS EXEMPT FROM THE MINI MUM WAGE AND 4
OVERTIME PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT; OR 5
(2) AN INDIVIDUAL WHO PERFO RMS WORK FOR AN EMPL OYER FOR 6
REMUNERATION IF : 7
(I) THE INDIVIDUAL IS FR EE FROM THE EMPLOYER ’S CONTROL 8
AND DIRECTION REGARD ING THE PERFORMANCE OF THE WORK; 9
(II) THE INDIVIDUAL CUSTO MARILY IS ENGAGED IN AN 10
INDEPENDENT BUSINESS OR OCCUPATION OF THE SAM E NATURE AS THAT INV OLVED 11
IN THE WORK; AND 12
(III) THE WORK IS: 13
1. OUTSIDE THE USUAL CO URSE OF BUSINESS OF THE 14
EMPLOYER; OR 15
2. PERFORMED OUTSIDE AN Y PLACE OF BUSINESS OF 16
THE EMPLOYER . 17
(C) “EMPLOYER” MEANS A PERSON THAT EMPLOYS INDIVIDUALS IN A FOOD 18
SERVICE FACILITY OR RETAIL ESTABLISHMENT . 19
(D) “FOOD SERVICE FACILITY ” MEANS AN ENTITY THAT IS A 20
FULL–SERVICE OR LIMITED –SERVICE RESTAURANT , AS DEFINED UNDER THE 21
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, NAICS 7221 AND NAICS 22
7222, IF THE RESTAURANT IS : 23
(1) PART OF A CHAIN OF A T LEAST 10 RESTAURANTS NATIONWI DE; OR 24
(2) A FRANCHISE OF AT LE AST 10 ESTABLISHMENTS NATIO NWIDE, 25
INCLUDING: 26
(I) AN INTEGRATED ENTERP RISE THAT OWNS OR OP ERATES AT 27
LEAST 10 ESTABLISHMENTS IN THE AGGREGATE NATION ALLY; OR 28
4 HOUSE BILL 431
(II) AN ESTABLISHMENT OPE RATED IN ACCORDANCE WITH A 1
FRANCHISE AGREEMENT WHERE THE FRANCHISOR AND THE FRANCHISEE O WN OR 2
OPERATE AT LEAST 10 ESTABLISHMENTS IN TH E AGGREGATE NATIONAL LY. 3
(E) “ON–CALL SHIFT” MEANS TIME THAT AN EMPLOYER REQUIRES AN 4
EMPLOYEE TO BE AVAIL ABLE TO WORK AND TO CONTACT THE EMPLOYER OR THE 5
EMPLOYER’S DESIGNEE, OR TO WAIT TO BE CON TACTED BY THE EMPLOY ER OR THE 6
EMPLOYER’S DESIGNEE, WITHIN 24 HOURS OF THE START O F A POTENTIAL SHIFT TO 7
DETERMINE WHETHER TH E EMPLOYEE MUST REPORT TO WORK. 8
(F) “RETAIL ESTABLISHMENT ” MEANS A BUSINESS WHE RE GOODS ARE 9
SOLD ON THE PREMISES AT RETAIL AND THAT I S A PART OF A CHAIN OF AT LEAST 10 10
RETAIL ESTABLISHMENT S NATIONWIDE. 11
(G) “SHIFT” MEANS THE CONSECUTIV E HOURS AN EMPLOYER REQUIRES AN 12
EMPLOYEE TO WORK OR TO BE ON CALL TO WOR K. 13
3–1802. 14
THIS SUBTITLE MAY NOT BE CONSTRUED TO : 15
(1) DISCOURAGE OR PROHIB IT AN EMPLOYER FROM THE ADOPTION 16
OR RETENTION OF POLI CIES THAT ARE MORE B ENEFICIAL TO EMPLOYE ES THAN THE 17
REQUIREMENTS OF TH IS SUBTITLE; 18
(2) DIMINISH THE OBLIGAT ION OF AN EMPLOYER T O COMPLY WITH A 19
CONTRACT, A COLLECTIVE BARGAIN ING AGREEMENT , AN EMPLOYMENT BENEFI T 20
PLAN, OR ANY OTHER AGREEME NT THAT ESTABLISHES POLICIES THAT ARE MO RE 21
BENEFICIAL TO AN EMP LOYEE THAN THE REQUI REMENTS OF THIS SUBTITLE ; OR 22
(3) PREEMPT, LIMIT, OR OTHERWISE AFFECT THE APPLICABILITY OF 23
ANY OTHER LAW , POLICY, OR STANDARD ESTABLIS HING SCHEDULING POLI CIES 24
THAT PROVIDE ADDITIO NAL RIGHTS OR EXTEND OTHER PROTECTIONS TO 25
EMPLOYEES BEYOND THO SE PROVIDED UNDER THIS SUBTITLE. 26
3–1803. 27
(A) (1) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (E) OF THIS 28
SECTION AND PARAGRAP H (2) OF THIS SUBSECTION , AN EMPLOYER SHALL PA Y AN 29
EMPLOYEE FOR AT LEAS T 4 HOURS AT THE EMPLOYE E’S REGULAR RATE OF PA Y FOR 30
EACH SHIFT OR ON –CALL SHIFT FOR WHICH THE EM PLOYEE REPORTS TO WO RK, AS 31
REQUIRED BY THE EMPL OYER, BUT IS REQUIRED TO W ORK LESS THAN 4 HOURS. 32
HOUSE BILL 431 5
(2) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (E) OF THIS 1
SECTION, IF THE EMPLOYEE ’S SCHEDULED HOURS AR E LESS THAN 4 HOURS, THE 2
EMPLOYER SHALL PAY THE EMPLOY EE FOR THE SCHEDULED HOURS OF THE 3
EMPLOYEE FOR THAT DA Y IF THE EMPLOYEE RE PORTS TO WORK , AS REQUIRED BY 4
THE EMPLOYER , BUT IS GIVEN LESS TH AN THE SCHEDULED HOU RS OF WORK. 5
(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (E) OF THIS SECTION, IF 6
AN EMPLOYER REQUIRES AN EMPLOYEE TO BE AV AILABLE FOR AN ON –CALL SHIFT 7
BUT DOES NOT REQUIRE THE EMPLOYEE TO REPO RT TO WORK , THE EMPLOYER 8
SHALL PAY THE EMPLOY EE: 9
(1) 2 HOURS OF PAY AT THE EMPLOYEE’S REGULAR HOURLY RAT E 10
FOR EACH ON–CALL SHIFT OF 4 HOURS OR LESS; AND 11
(2) 4 HOURS OF PAY AT THE EMPLOYEE’S REGULAR HOURLY RAT E 12
FOR EACH ON–CALL SHIFT EXCEEDING 4 HOURS. 13
(C) AN EMPLOYER IS NOT RE QUIRED TO PAY THE WA GES REQUIRED UNDER 14
SUBSECTIONS (A) AND (B) OF THIS SECTION IF T HE CHANGE TO AN EMPL OYEE’S 15
WORK SHIFT: 16
(1) WAS MADE AT THE REQU EST OF THE EMPLOYEE , INCLUDING A 17
REQUEST TO: 18
(I) WORK SPECIFIC HOURS OTHER THAN THOSE SCH EDULED BY 19
THE EMPLOYER ; OR 20
(II) USE SICK LEAVE , VACATION LEAVE , PERSONAL DAYS , OR 21
OTHER LEAVE OFFERED BY THE EMPLOYER ; 22
(2) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION, IS THE RESULT OF 23
A VOLUNTARY , MUTUALLY AGREED ON S HIFT TRADE AMONG EMP LOYEES; OR 24
(3) IS NECESSARY TO AVOI D A THREAT TO THE HE ALTH OR SAFETY OF 25
EMPLOYEES OR THE PUB LIC. 26
(D) (1) FOR THE PURPOSES OF SUBSECTION (C) OF THIS SECTION , A 27
SHIFT TRADE INCLUDES AN INSTANCE IN WHICH THE EMPLOYER TRANSMI TS THE 28
SHIFT TRADE OFFER TO ALL ELIGIBLE EMPLOYE ES AT THE PREVIOUSLY 29
SCHEDULED EMPLOYEE ’S REQUEST, IF THE EMPLOYER ’S TRANSMITTAL IS: 30
(I) ACCESSIBLE TO ALL E LIGIBLE EMPLOYEES IN THE FORM OF 31
A MASS COMMUNICATION ; 32 6 HOUSE BILL 431
(II) TRANSMITTED ELECTRON ICALLY OR IN WRITING AT THE 1
WORK SITE; AND 2
(III) NOT COERCIVE IN ANY WAY. 3
(2) THERE IS A REBUTTABLE PRESUMPTION THAT THE PAY 4
REQUIRED UNDER SUBSE CTION (A) OR (B) OF THIS SECTION IS OWED IF THE 5
EMPLOYER FAILS TO DO CUMENT CONSENT TO TH E SHIFT TRADE. 6
(E) THE REQUIREMENTS UNDE R SUBSECTIONS (A) AND (B) OF THIS 7
SECTION DO NOT APPLY DURING PERIODS WHEN OPERATIONS OF THE EM PLOYER 8
ARE SUSPENDED DUE TO AN EVENT BEYOND THE EMPLOYER’S CONTROL. 9
3–1804. 10
(A) AN EMPLOYEE HAS THE R IGHT TO DECLINE TO W ORK HOURS THAT 11
OCCUR DURING THE 11 HOURS FOLLOWING THE END OF A SHIFT. 12
(B) AN EMPLOYER SHALL PAY AN EMPLOYEE 1.5 TIMES THE EMPLOYEE ’S 13
REGULAR RATE OF PAY FOR ANY HOURS WORKED DURING THE 11 HOURS 14
FOLLOWING THE END OF A PREVIOUS SHIFT IF THE EMPLOYEE AGREED IN WRITING 15
TO WORK THE HOURS . 16
3–1805. 17
(A) EACH EMPLOYER SHALL : 18
(1) RECORD THE WAGES PAI D TO AN EMPLOYEE UND ER §§ 3–1803 19
AND 3–1804 OF THIS SUBTITLE IN THE STATEMENT OF EAR NINGS REQUIRED BY § 20
3–504(A)(2) OF THIS TITLE; AND 21
(2) SPECIFY IN THE STATE MENT OF EARNINGS THE TOTAL AMOUNT 22
OF PAY PAID UNDER §§ 3–1803 AND 3–1804 OF THIS SUBTITLE. 23
(B) IF NECESSARY TO CARRY OUT THIS SUBTITLE , THE COMMISSIONER MAY 24
REQUIRE AN EMPLOYER TO: 25
(1) INCLUDE ADDITIONAL I NFORMATION IN THE ST ATEMENT OF 26
EARNINGS; AND 27
(2) USE ADDITIONAL MEANS TO NOTIFY THE EMPLOY ER’S 28
EMPLOYEES OF THE INF ORMATION REQUIRED TO BE INCLUDED IN THE S TATEMENT 29 HOUSE BILL 431 7
OF EARNINGS UNDER SU BSECTION (A) OF THIS SECTION. 1
3–1806. 2
(A) AN EMPLOYER SHALL GIV E EMPLOYEES NOTICE O F THEIR RIGHTS 3
UNDER THIS SUBTITLE BY CONSPICUOUSLY POS TING NOTICES IN ENGLISH AND 4
SPANISH AT A LOCATION AT THE WORK SITE THA T IS READILY ACCESSI BLE TO ALL 5
EMPLOYEES. 6
(B) THE NOTICES REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 7
SHALL INCLUDE : 8
(1) THE RIGHT TO RECEIVE PAY UNDER §§ 3–1803 AND 3–1804 OF 9
THIS SUBTITLE; 10
(2) A STATEMENT THAT RET ALIATION AGAINST EMP LOYEES WHO 11
EXERCISE THEIR RIGHT S UNDER THIS SUBTITL E IS PROHIBITED; AND 12
(3) A STATEMENT THAT EAC H EMPLOYEE HAS THE R IGHT TO FILE A 13
COMPLAINT OR BRING A CIVIL ACTION TO ENFO RCE THE EMPLOYEE ’S RIGHTS 14
UNDER THIS SUBTITLE . 15
3–1807. 16
(A) EACH EMPLOYER SHALL K EEP FOR AT LEAST 3 YEARS AN ACCURATE 17
RECORD OF: 18
(1) THE NAME, ADDRESS, AND OCCUPATION OF EA CH EMPLOYEE ; 19
(2) THE AMOUNT PAID EACH PAY PERIOD TO EACH E MPLOYEE; 20
(3) THE HOURS WORKED EACH DA Y BY EACH EMPLOYEE ; 21
(4) THE INITIAL WORK SCH EDULE OF EACH EMPLOY EE; 22
(5) THE PAY PAID TO EACH EMPLOYEE UNDER §§ 3–1803 AND 3–1804 23
OF THIS SUBTITLE; AND 24
(6) ANY SUBSEQUENT REVIS IONS TO THE INITIAL WORK SCHEDULE 25
OF EACH EMPLOYEE. 26
(B) THE EMPLOYER SHALL : 27
8 HOUSE BILL 431
(1) MAKE THE RECORDS KEP T UNDER SUBSECTION (A) OF THIS 1
SECTION AVAILABLE FO R INSPECTION BY THE COMMISSIONER TO THE S AME 2
EXTENT AND FOR THE S AME PURPOSES AS RECO RDS ARE MADE AVAILAB LE TO THE 3
COMMISSIONER UNDER § 3–425 OF THIS TITLE; AND 4
(2) ALLOW AN EMPLOYEE TO INSPECT AT ANY REASO NABLE TIME AND 5
PLACE ANY RECORD KEP T UNDER SUBSECTION (A) OF THIS SECTION PERT AINING TO 6
THE EMPLOYEE . 7
(C) EACH DAY THAT AN EMPL OYER FAILS TO KEEP A RECORD, FALSIFIES A 8
RECORD, OR OTHERWIS E VIOLATES THIS SECT ION SHALL CONSTITUTE A SEPARATE 9
VIOLATION. 10
3–1808. 11
(A) IN THIS SECTION , “RETALIATE” MEANS TO ENGAGE IN A NY FORM OF 12
INTIMIDATION, THREAT, REPRISAL, HARASSMENT , DISCRIMINATION , OR ADVERSE 13
EMPLOYMENT ACTION , INCLUDING: 14
(1) DISCIPLINE; 15
(2) DISCHARGE; 16
(3) SUSPENSION; 17
(4) TRANSFER OR ASSIGNME NT TO A LOWER POSITI ON IN TERMS OF 18
JOB CLASSIFICATION , JOB SECURITY, OR ANY OTHER CONDITI ON OF EMPLOYMENT ; 19
(5) REDUCTION IN PAY OR HOURS ASSIGNED ; 20
(6) DENIAL OF ADDITIONAL HOURS; 21
(7) INFORMING ANOTHER EM PLOYER THAT THE EMPL OYEE HAS 22
ENGAGED IN ACTIVITIE S PROTECTED BY THIS SUBTITLE; OR 23
(8) REPORTING OR THREATE NING TO REPORT THE A CTUAL OR 24
SUSPECTED CITIZENSHI P OR IMMIGRATION STA TUS OF AN EMPLOYEE , A FORMER 25
EMPLOYEE, OR A FAMILY MEM BER OF AN EMPLOYEE O R A FORMER EMPLOYEE TO A 26
FEDERAL, STATE, OR LOCAL AGENCY . 27
(B) A PERSON MAY NOT INTER FERE WITH, RESTRAIN, OR DENY THE 28
EXERCISE OF, OR THE ATTEMPT TO EX ERCISE, ANY RIGHT PROTECTED UNDER THIS 29
SUBTITLE. 30 HOUSE BILL 431 9
(C) AN EMPLOYER MAY NOT R ETALIATE AGAINST AN EMPLOYEE BECAUSE 1
THE EMPLOYEE HAS : 2
(1) DECLINED TO WORK HOU RS NOT INCLUDED IN A N INITIAL WORK 3
SCHEDULE; OR 4
(2) EXERCISED RIGHTS PRO TECTED UNDER THIS SU BTITLE, 5
INCLUDING THE RIGHT TO: 6
(I) FILE A COMPLAINT UND ER § 3–1809 OF THIS SUBTITL E; 7
(II) INFORM ANY PERSON AB OUT THE EMPLOYER ’S ALLEGED 8
VIOLATION OF THIS SU BTITLE; 9
(III) COOPERATE WITH THE COMMISSIONER OR ATTORNEY 10
GENERAL IN AN INVESTI GATION OF AN ALLEGED VIOLATION OF THIS SU BTITLE; AND 11
(IV) INFORM AN INDIVIDUAL REGARDING T HE INDIVIDUAL ’S 12
RIGHTS UNDER THIS SU BTITLE. 13
(D) THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS 14
VIOLATED THIS SECTIO N IF THE EMPLOYER TA KES AN ACTION LISTED IN 15
SUBSECTION (A) OF THIS SECTION AGAI NST AN EMPLOYEE WITH IN 90 DAYS AFTER 16
THE EMPLOYEE : 17
(1) FILES A COMPLAINT WI TH THE COMMISSIONER UNDER § 3–1809 18
OF THIS SUBTITLE ALL EGING A VIOLATION OF THIS SUBTITLE OR BRI NGS A CIVIL 19
ACTION UNDER § 3–1810 OF THIS SUBTITLE; 20
(2) INFORMS A PERSON ABO UT AN ALLEGED VIOLAT ION OF THIS 21
SUBTITLE BY THE EMPLOYER WITH THE EM PLOYER’S KNOWLEDGE ; 22
(3) COOPERATES WITH THE COMMISSIONER OR ANOTH ER PERSON IN 23
THE INVESTIGATION OR PROSECUTION OF AN AL LEGED VIOLATION OF T HIS 24
SUBTITLE BY THE EMPL OYER; 25
(4) OPPOSES ANY POLICY , PRACTICE, OR ACT THAT IS UNLAW FUL 26
UNDER THIS SUBTITLE ; OR 27
(5) INFORMS AN INDIVIDUA L OF THE INDIVIDUAL ’S RIGHTS UNDER 28
THIS SUBTITLE WITH T HE EMPLOYER ’S KNOWLEDGE . 29
10 HOUSE BILL 431
(E) THE PROTECTIONS AFFOR DED UNDER THIS SECTI ON SHALL APPLY TO 1
AN EMPLOYEE WHO MIST AKENLY, BUT IN GOOD FAITH , ALLEGES A VIO LATION OF 2
THIS SUBTITLE. 3
3–1809. 4
(A) (1) A PERSON MAY FILE A CO MPLAINT ALLEGING A V IOLATION OF 5
THIS SUBTITLE WITH T HE COMMISSIONER . 6
(2) THE COMMISSIONER SHALL KE EP CONFIDENTIAL THE IDENTITY 7
OF A PERSON THAT FIL ES A COMPLAINT UNLES S DISCLOSURE IS NECE SSARY FOR 8
THE RESOLUTION OF AN Y INVESTIGATION OR I S OTHERWISE REQUIRED BY LAW. 9
(3) IF THE COMMISSIONER NEEDS TO DISCLOSE THE IDENTIT Y OF A 10
PERSON THAT FILES A COMPLAINT, THE COMMISSIONER SHALL , TO THE EXTENT 11
PRACTICABLE , NOTIFY THE PERSON BE FORE THE DISCLOSURE IS MADE . 12
(B) (1) ON RECEIPT OF A COMPL AINT FILED UNDER SUB SECTION (A)(1) 13
OF THIS SECTION, THE COMMISSIONER SHALL SE ND A LETTER TO THE E MPLOYER. 14
(2) THE LETTER SHALL : 15
(I) STATE THAT THERE IS A COMPLAINT ALLEGING A 16
VIOLATION OF THIS SU BTITLE FILED AGAINST THE EM PLOYER; 17
(II) STATE THE REQUIREMEN TS OF SUBSECTION (C) OF THIS 18
SECTION; 19
(III) STATE THAT FAILURE T O COMPLY MAY RESULT IN A CIVIL 20
ACTION SEEKING DAMAG ES, COUNSEL FEES , AND OTHER LEGAL REME DIES; AND 21
(IV) INFORM THE EMPLOYER THAT RETALIATION AGA INST AN 22
EMPLOYEE FOR EXERCIS ING RIGHTS UNDER THI S SECTION IS A BASIS FOR A 23
PRIVATE RIGHT OF ACT ION SEEKING ADDITION AL MONETARY DAMAGES TO BE 24
DETERMINED BY A COUR T. 25
(C) IF AN EMPLOYER RECEIV ES A LETTER SENT UND ER SUBSECTION (B) OF 26
THIS SECTION, WITHIN 10 DAYS AFTER THE DATE OF THE LETTER , THE EMPLOYER 27
SHALL SUBMIT TO THE COMMISSIONER : 28
(1) PROOF OF COMPLIANCE WITH THIS SUBTITLE ; OR 29
(2) AN ACTION PLAN THE E MPLOYER WILL IMPLEME NT TO CORRECT 30 HOUSE BILL 431 11
ANY VIOLATION OF THI S SUBTITLE. 1
(D) IF THE COMMISSIONER DETERMIN ES THAT THIS SUBTITL E HAS BEEN 2
VIOLATED, THE COMMISSIONER MAY ISSU E AN ORDER: 3
(1) REQUIRING THE EMPLOY ER TO: 4
(I) COMPLY WITH THIS SUB TITLE; AND 5
(II) PAY ANY PAY UNDER §§ 3–1803 AND 3–1804 OR OTHER 6
WAGES OWED TO EMPLOY EES UNDER THIS SUBTITLE ; 7
(2) IMPOSING A CIVIL PEN ALTY NOT TO EXCEED $500 FOR EACH 8
VIOLATION OF THIS SU BTITLE; AND 9
(3) GRANTING ANY OTHER A PPROPRIATE RELIEF , INCLUDING: 10
(I) REINSTATEMENT OF EMP LOYMENT; 11
(II) INJUNCTIVE RELIEF ; 12
(III) ACTUAL DAMA GES; AND 13
(IV) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 14
§§ 3–1803 AND 3–1804 OR OTHER WAGES OWED TO EMPLOYEES UNDER T HIS 15
SUBTITLE. 16
(E) (1) WITHIN 30 DAYS AFTER RECEIVING AN ORDER ISSUED UNDE R 17
SUBSECTION (D) OF THIS SECTION , AN EMPLOYER MAY REQUEST A DE NOVO 18
ADMINISTRATIVE HEARI NG. 19
(2) AN ADMINISTRATIVE HEA RING REQUESTED UNDER PARAGRAPH 20
(1) OF THIS SUBSECTION S HALL BE CONDUCTED IN ACCORDANCE WITH TITLE 10, 21
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 22
(3) IF AN EMPLOYER DOES N OT REQUEST A HEARING UNDER 23
PARAGRAPH (1) OF THIS SUBSECTION , THE ORDER ISSUED BY THE COMMISSIONER 24
BECOMES FINAL . 25
(4) (I) A FINAL ORDER OF THE COMMISSIONER MAY BE A PPEALED 26
IN ACCORDANCE WITH § 10–222 OF THE STATE GOVERNMENT ARTICLE. 27
(II) IF AN EMPLOYER DOES N OT REQUEST JUDICIAL REV IEW OF 28 12 HOUSE BILL 431
A FINAL ORDER WITHIN 30 DAYS AFTER THE ORDER BECOMES FINAL , THE 1
COMMISSIONER MAY FILE AN ACTION TO ENFORCE THE ORDER IN THE CIR CUIT 2
COURT FOR THE COUNTY IN WHICH THE EMPLOYE R RESIDES OR HAS A P LACE OF 3
BUSINESS. 4
(F) ON OR BEFORE FEBRUARY 1 EACH YEAR, THE COMMISSIONER SHALL 5
POST ON THE WEBSITE OF THE MARYLAND DEPARTMENT OF LABOR: 6
(1) THE NUMBER AND NATUR E OF COMPLAINTS FILE D UNDER THIS 7
SECTION; 8
(2) THE RESULTS OF ANY I NVESTIGATIONS RELATE D TO A 9
COMPLAINT; 10
(3) THE NUMBER O F ORDERS ISSUED AND PENALTIES IMPOSED 11
UNDER THIS SECTION ; AND 12
(4) THE AVERAGE TIME TAK EN FOR A COMPLAINT T O BE RESOLVED . 13
3–1810. 14
(A) (1) ANY PERSON ALLEGING A VIOLATION OF THIS SU BTITLE MAY 15
BRING AN ACTION IN A COURT OF COMPETENT J URISDICTION. 16
(2) AN ACTION MAY BE BROU GHT WHETHER OR NOT A COMPLAINT 17
WAS FIRST FILED WITH THE COMMISSIONER . 18
(3) AN ACTION BROUGHT UND ER THIS SUBSECTION : 19
(I) SHALL BE FILED WITHI N 3 YEARS AFTER THE PERS ON KNEW 20
OR SHOULD HAVE KNOWN OF THE ALLEGED VIOLA TION; AND 21
(II) MAY BE BROUGHT AS A CLASS ACTION IN ACCO RDANCE 22
WITH STATE LAW. 23
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IN AN ACTION 24
UNDER SUBSECTION (A) OF THIS SECTION , IF A COURT FINDS THA T AN EMPLOYER 25
HAS VIOLATED THIS SU BTITLE, THE COURT MAY AWARD : 26
(I) DAMAGES NOT TO EXCEE D $500 FOR EACH VIOLATION O F 27
THIS SUBTITLE; 28
(II) REINSTATEMENT OF EMP LOYMENT; 29 HOUSE BILL 431 13
(III) INJUNCTIVE RELIEF ; 1
(IV) ACTUAL DAMAGES ; 2
(V) ANY PAY UNDER §§ 3–1803 AND 3–1804 OR OTHER WAGES 3
OWED TO EMPLOYEES UN DER THIS SUBTITLE PLUS INTERE ST; 4
(VI) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 5
§§ 3–1803 AND 3–1804 OR OTHER WAGES OWED TO EMPLOYEES UNDER T HIS 6
SUBTITLE; AND 7
(VII) REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 8
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 9
PARAGRAPH , IF A COURT FINDS THA T AN EMPLOYER HAS VI OLATED § 3–1808(B) OF 10
THIS SUBTITLE OR OTH ERWISE DISCRIMINATED AGAINST AN EMPLOYEE , THE 11
COURT SHALL AWARD AC TUAL DAMAGES AND REI NSTATEMENT OF EMPLOY MENT. 12
(II) A COURT IS NOT REQUIRE D TO AWARD REINSTATEME NT OF 13
EMPLOYMENT IF THE EM PLOYEE WAIVES THE RI GHT TO REINSTATEMENT . 14
(III) IF THE COURT FINDS TH AT THE EMPLOYEE HAS BEEN 15
DISCHARGED IN RETALI ATION FOR EXERCISING RIGHTS UNDER THIS SU BTITLE, FOR 16
THE PURPOSE OF CALCU LATING ACTUAL DAMAGES REQUIRED TO BE AWARDED 17
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PERIOD OF VIOLAT ION 18
BEGINS THE DAY THE E MPLOYEE WAS DISCHARG ED AND ENDS THE DAY BEFORE THE 19
EMPLOYEE IS REINSTAT ED OR THE DAY THE EM PLOYEE AGREES TO WAI VE 20
REINSTATEMENT . 21
(C) IN AN ACTION BROUGHT BY A PERSON OTHER THAN AN EMPLOYEE , ANY 22
PAY UNDER §§ 3–1803 AND 3–1804, WAGES, OR ACTUAL DAMAGES AW ARDED BY THE 23
COURT SHALL BE PAID TO THE EMPLOYEES TO WHOM THE VIOLATION R ELATES. 24
3–1811. 25
THIS SUBTITLE MAY BE CITED AS THE MARYLAND FAIR SCHEDULING ACT. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2023. 28