Maryland 2022 Regular Session

Maryland House Bill HB72 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0072
6	6
7	7	HOUSE BILL 72
8	8	K3 2lr1073
9	9	HB 1097/20 – ECM (PRE–FILED) CF 2lr1182
10	10	By: Delegate Charkoudian
11	11	Requested: October 29, 2021
12	12	Introduced and read first time: January 12, 2022
13	13	Assigned to: Economic Matters
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Maryland Wage and Hour Law and Maryland Wage Payment and Collection 2
20	20	Law – Revisions 3
21	21	(Maryland Wage Protection Act) 4
22	22
23	23	FOR the purpose of altering certain provisions related to the payment of wages, including 5
24	24	the application, penalty, and enforcement provisions of the Maryland Wage and 6
25	25	Hour Law and the Maryland Wage Payment and Collection Law, the provision of 7
26	26	information related to the payment of wages by employers to employees, and adverse 8
27	27	actions by an employer; and generally relating to employer requirements concerning 9
28	28	prohibited employer conduct, wage records, wages, and paydays. 10
29	29
30	30	BY repealing and reenacting, with amendments, 11
31	31	Article – Labor and Employment 12
32	32	Section 3–103, 3–403(14) and (15), 3–423, 3–428, 3–504, 3–507.2(a) and (b), and 13
33	33	3–508 14
34	34	Annotated Code of Maryland 15
35	35	(2016 Replacement Volume and 2021 Supplement) 16
36	36
37	37	BY adding to 17
38	38	Article – Labor and Employment 18
39	39	Section 3–403(16) and 3–501.1 19
40	40	Annotated Code of Maryland 20
41	41	(2016 Replacement Volume and 2021 Supplement) 21
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
44	44	That the Laws of Maryland read as follows: 23
45	45
46	46	Article – Labor and Employment 24
47	47
48	48	3–103. 25 2 HOUSE BILL 72
49	49
50	50
51	51
52	52	(a) Except as otherwise provided in this section, the Commissioner may conduct 1
53	53	an investigation to determine whether a provision of this title has been violated on the 2
54	54	Commissioner’s own initiative or may require a written complaint. 3
55	55
56	56	(b) The Commissioner may conduct an investigation under Subtitle 3 of this title, 4
57	57	on the Commissioner’s own initiative or on receipt of a written complaint of an employee. 5
58	58
59	59	(C) THE COMMISSIONER MAY COND UCT AN INVESTIGATION UNDER 6
60	60	SUBTITLE 4 OF THIS TITLE ON THE COMMISSIONER ’S OWN INITIATIVE OR ON 7
61	61	RECEIPT OF A WRITTEN COMPLAINT OF AN EMPLOYEE. 8
62	62
63	63	[(c)] (D) The Commissioner may conduct an investigation to determine whether 9
64	64	Subtitle 5 of this title has been violated ON THE COMMISSIONER ’S OWN INITIATIVE OR 10
65	65	on receipt of a written complaint of an employee. 11
66	66
67	67	[(d)] (E) The Commissioner may conduct an investigation to determine whether 12
68	68	Subtitle 6 of this title has been violated on receipt of a written complaint of a sales 13
69	69	representative. 14
70	70
71	71	[(e)] (F) (1) The Commissioner may investigate whether § 3–701 of this title 15
72	72	has been violated on receipt of a written complaint of an applicant for employment. 16
73	73
74	74	(2) The Commissioner may investigate whether § 3–702 of this title has 17
75	75	been violated on receipt of a written complaint of an applicant for employment or an 18
76	76	employee. 19
77	77
78	78	(3) The Commissioner may investigate whether § 3–704 of this title has 20
79	79	been violated on receipt of a written complaint of an employee. 21
80	80
81	81	(4) The Commissioner may investigate whether § 3–710 of this title has 22
82	82	been violated on receipt of a written complaint of an employee as provided in § 3–710(d)(1) 23
83	83	of this title. 24
84	84
85	85	(5) The Commissioner may investigate whether § 3–711 of this title has 25
86	86	been violated on receipt of a written complaint of an employee as provided in § 3–711(d)(1) 26
87	87	of this title. 27
88	88
89	89	(6) The Commissioner may investigate whether § 3–712 of this title has 28
90	90	been violated on receipt of a written complaint of an employee or applicant. 29
91	91
92	92	[(f)] (G) (1) The Commissioner may investigate whether § 3–801 of this title 30
93	93	has been violated on receipt of a written complaint of an employee. 31
94	94
95	95	(2) The Commissioner may investigate whether § 3–802 of this title has 32
96	96	been violated on receipt of a written complaint of an employee. 33 HOUSE BILL 72 3
97	97
98	98
99	99
100	100	[(g)] (H) The Commissioner may investigate whether Subtitle 9 of this title has 1
101	101	been violated: 2
102	102
103	103	(1) on the Commissioner’s own initiative; 3
104	104
105	105	(2) on receipt of a written complaint signed by the person submitting the 4
106	106	complaint; or 5
107	107
108	108	(3) on referral from another unit of State government. 6
109	109
110	110	[(h)] (I) The Commissioner may conduct an investigation to determine whether 7
111	111	Subtitle 10 of this title has been violated on receipt of a written complaint of an employee. 8
112	112
113	113	[(i)] (J) The Commissioner may conduct an investigation to determine whether 9
114	114	Subtitle 12 of this title has been violated on receipt of a written complaint of an employee. 10
115	115
116	116	[(j)] (K) The Commissioner may conduct an investigation to determine whether 11
117	117	Subtitle 14 of this title has been violated on receipt of a written complaint of an applicant 12
118	118	or employee. 13
119	119
120	120	[(k)] (L) The Commissioner, on the Commissioner’s own initiative or on receipt 14
121	121	of a written complaint, may conduct an investigation of whether a local minimum wage law 15
122	122	has been violated. 16
123	123
124	124	[(l)] (M) (1) The Commissioner may conduct an investigation to determine 17
125	125	whether Subtitle 13 of this title has been violated on receipt of a written complaint by an 18
126	126	employee. 19
127	127
128	128	(2) To the extent practicable, the Commissioner shall keep confidential the 20
129	129	identity of an employee who has filed a written complaint alleging a violation of Subtitle 13 21
130	130	of this title unless the employee waives confidentiality. 22
131	131
132	132	[(m)] (N) The Commissioner may conduct an investigation to determine whether 23
133	133	Subtitle 16 of this title has been violated on receipt of a written complaint by an employee. 24
134	134
135	135	3–403. 25
136	136
137	137	This subtitle does not apply to an individual who: 26
138	138
139	139	(14) is employed as a hand–harvest laborer and is paid on a piece–rate basis 27
140	140	in an operation that, in the region of employment, has been and customarily and generally 28
141	141	is recognized as having been paid on that basis, if: 29
142	142
143	143	(i) the individual: 30
144	144	4 HOUSE BILL 72
145	145
146	146
147	147	1. commutes daily from the permanent residence of the 1
148	148	individual to the farm where the individual is employed; and 2
149	149
150	150	2. during the preceding calendar year, was employed in 3
151	151	agriculture less than 13 weeks; or 4
152	152
153	153	(ii) the individual: 5
154	154
155	155	1. is under the age of 17; 6
156	156
157	157	2. is employed on the same farm as a parent of the individual 7
158	158	or a person standing in the place of the parent; and 8
159	159
160	160	3. is paid at the same rate that an employee who is at least 9
161	161	17 years old is paid on the same farm; [or] 10
162	162
163	163	(15) is a covered employee under the Secure Maryland Wage Act; OR 11
164	164
165	165	(16) IS AN INDEPENDENT CO NTRACTOR UNDER § 8–205 OF THIS 12
166	166	ARTICLE. 13
167	167
168	168	3–423. 14
169	169
170	170	(a) On request by an employer, the Commissioner shall provide without charge a 15
171	171	copy of any summary or regulation to the employer. 16
172	172
173	173	(b) Each employer shall keep posted conspicuously in each place of employment: 17
174	174
175	175	(1) a summary of this subtitle that: 18
176	176
177	177	(I) the Commissioner approves; and 19
178	178
179	179	(II) INCLUDES THE ANTIRET ALIATION PROVISIONS UNDER § 20
180	180	3–428(B)(1)(III) OF THIS SUBTITLE; AND 21
181	181
182	182	(2) a copy or summary of each regulation that is adopted to carry out this 22
183	183	subtitle. 23
184	184
185	185	3–428. 24
186	186
187	187	(a) (1) In this section[, “complaint”] THE FOLLOWING WORDS HAVE THE 25
188	188	MEANINGS INDICATED . 26
189	189
190	190	(2) “COMPLAINT” includes a written or oral complaint, claim, or assertion 27
191	191	of right by, OR ON BEHALF OF , an employee, regarding the payment of wages under this 28
192	192	subtitle, that is made to: 29 HOUSE BILL 72 5
193	193
194	194
195	195
196	196	[(1)] (I) the employer or a supervisor, A manager, [or] A foreman, OR AN 1
197	197	INDIVIDUAL DESIGNATED BY THE EMPLOYER , THROUGH WRITING OR SIGNAGE 2
198	198	PROVIDED OR MADE AVAILABLE TO THE EMPLOYEE , TO RECEIVE COMPLAINT S 3
199	199	employed by the employer whether it is made through the employer’s internal grievance 4
200	200	process or otherwise; or 5
201	201
202	202	[(2)] (II) the Commissioner or an authorized representative of the 6
203	203	Commissioner. 7
204	204
205	205	(3) “EMPLOYEE” INCLUDES A FORMER EMPLOYEE OF THE 8
206	206	EMPLOYER. 9
207	207
208	208	(b) (1) An employer may not: 10
209	209
210	210	(i) pay or agree to pay less than the wage required under this 11
211	211	subtitle; 12
212	212
213	213	(ii) hinder or delay the Commissioner or an authorized 13
214	214	representative of the Commissioner in the enforcement of this subtitle; 14
215	215
216	216	(iii) take adverse action against an employee because the employee: 15
217	217
218	218	1. makes, HAS MADE, OR IS THE SUBJECT OF a complaint: 16
219	219
220	220	A. that the employee has not been paid in accordance with 17
221	221	this subtitle; OR 18
222	222
223	223	B. IN GOOD FAITH , THAT THE EMPLOYER EN GAGED IN 19
224	224	CONDUCT THAT VIOLATE S ANY PROVISION OF T HIS SUBTITLE; 20
225	225
226	226	2. brings an action under this subtitle or a proceeding that 21
227	227	relates to the subject of this subtitle; [or] 22
228	228
229	229	3. has PARTICIPATED , testified, OR IS PREPARING TO 23
230	230	TESTIFY in an INVESTIGATION OR action under this subtitle or a proceeding related to 24
231	231	the subject of this subtitle; [or] 25
232	232
233	233	4. ASSISTED ANOTHER EMP LOYEE IN MAKING A 26
234	234	COMPLAINT RELATED TO THE ALLEGED VIOLATIO NS OF THIS SUBTITLE ; 27
235	235
236	236	5. HAS BEEN INFORMED OR HAS INFORMED ANOTHER 28
237	237	EMPLOYEE OF THE RIGH TS PROVIDED UNDER TH IS SUBTITLE; OR 29
238	238
239	239	6. OPPOSED OR REFUSED TO COMMIT ANY UNLAWFUL 30 6 HOUSE BILL 72
240	240
241	241
242	242	PRACTICE UNDER THIS SUBTITLE; 1
243	243
244	244	(IV) TAKE ADVERSE ACTION AGAINST AN EMPLOYEE TO 2
245	245	PREVENT THE EMPLOYEE FROM TAKING AN Y ACTION PROTECTED UND ER THIS 3
246	246	SUBTITLE; OR 4
247	247
248	248	[(iv)] (V) violate any other provision of this subtitle. 5
249	249
250	250	(2) Adverse action prohibited under paragraph (1) of this subsection 6
251	251	includes: 7
252	252
253	253	(i) discharge; 8
254	254
255	255	(ii) demotion; 9
256	256
257	257	[(iii) threatening the employee with discharge or demotion; and] 10
258	258
259	259	(III) DISCIPLINE; 11
260	260
261	261	(IV) A REDUCTION IN WORK HO URS OR OTHER SCHEDULE 12
262	262	CHANGES, NOT IN THE ORDINARY COURSE OF BUSINESS , THAT ARE LESS FAVORA BLE 13
263	263	TO THE EMPLOYEE ; 14
264	264
265	265	(V) REPORTING THE SUSPEC TED CITIZENSHIP OR 15
266	266	IMMIGRATION STATUS O F AN EMPLOYEE , A FORMER EMPLOYEE , OR A FAMILY 16
267	267	MEMBER OF AN EMPLOYE E OR FORMER EMPLOYEE TO A FEDERAL, STATE, OR LOCAL 17
268	268	AGENCY BECAUSE THE E MPLOYEE EXERCISED OR ATTEMPTED TO EXERCIS E A 18
269	269	RIGHT UNDER THIS SUB TITLE; 19
270	270
271	271	(VI) THREATENING ANY OF T HE ACTIONS DESCRIBED IN ITEMS 20
272	272	(I) THROUGH (IV) OF THIS PARAGRAPH ; AND 21
273	273
274	274	[(iv)] (VII) any other retaliatory action OR THREATS OF ACTION 22
275	275	AGAINST AN EMPLOYEE OR ANOTHER INDIVIDUA L FOR EXERCISING OR ATTEMPTING 23
276	276	TO EXERCISE ANY RIGH T UNDER THIS SUBTITL E that [results in a change to the terms 24
277	277	or conditions of employment that] would dissuade a reasonable [employee] INDIVIDUAL 25
278	278	from making a complaint, bringing an action, or testifying in an action under this subtitle. 26
279	279
280	280	(c) An [employee] INDIVIDUAL may not: 27
281	281
282	282	(1) make a groundless or malicious complaint to the Commissioner or an 28
283	283	authorized representative of the Commissioner; 29
284	284
285	285	(2) in bad faith, bring an action under this subtitle or a proceeding related 30
286	286	to the subject of this subtitle; or 31 HOUSE BILL 72 7
287	287
288	288
289	289
290	290	(3) in bad faith, testify in an action under this subtitle or a proceeding 1
291	291	related to the subject of this subtitle. 2
292	292
293	293	(d) (1) A person who violates any provision of this section is guilty of a 3
294	294	misdemeanor and on conviction is subject to a fine not exceeding $1,000. 4
295	295
296	296	[(e)] (2) An employer may not be convicted under this section unless the 5
297	297	evidence demonstrates that the employer had knowledge of the relevant complaint, 6
298	298	testimony, or action for which the prosecution for retaliation is sought. 7
299	299
300	300	(3) TO PREVAIL IN AN ACTION FOR A VIOLATION OF S UBSECTION 8
301	301	(B)(1)(III) OF THIS SECTION , THE PLAINTIFF MUST DEMONSTRAT E BY A 9
302	302	PREPONDERANCE OF THE EVIDENCE THAT AN ACT IVITY PROTECTED UNDER 10
303	303	SUBSECTION (B)(1)(III) OF THIS SECTION WAS A CONTRIBUTING FACTO R IN THE 11
304	304	ALLEGED RETALIATION OR ADVERSE ACTION AG AINST THE INDIVIDUAL SUBJECT OF 12
305	305	THE ACTION. 13
306	306
307	307	(E) THE NAME OF THE EMPLO YEE OR ANOTHER PERSON ID ENTIFIED IN THE 14
308	308	COMPLAINT OR AN INVE STIGATION BY THE COMMISSIONER UNDER TH IS SECTION 15
309	309	SHALL BE KEPT CONFID ENTIAL UNLESS THE COMMISSIONER DETERMIN ES THAT 16
310	310	THE EMPLOYEE ’S NAME MUST BE DISCLOSED, WITH THE EMPLOYEE ’S CONSENT, TO 17
311	311	FURTHER INVES TIGATE THE COMPLAINT . 18
312	312
313	313	(F) (1) (I) NOTWITHSTANDING § 3–103(C) OF THIS TITLE , IF AN 19
314	314	EMPLOYER’S ACTION VIOLATES SU BSECTION (B) OF THIS SECTION , AN AFFECTED 20
315	315	EMPLOYEE MAY BRING A N ACTION AGAINST AN EMPLOYER. 21
316	316
317	317	(II) AN EMPLOYEE MAY BRING AN ACTION ON BEHALF OF THE 22
318	318	EMPLOYEE AND OTHER E MPLOYEES SIMILARLY A FFECTED. 23
319	319
320	320	(2) EXCEPT AS PROVIDED UN DER PARAGRAPH (3) OF THIS 24
321	321	SUBSECTION, AN ACTION UNDER THIS SUBSECTION: 25
322	322
323	323	(I) SHALL BE FILED WITHI N 3 YEARS AFTER THE EMPL OYEE 26
324	324	KNEW OR SHOULD HAVE KNOWN OF THE EMPLOYE R’S ACTION; AND 27
325	325
326	326	(II) MAY ENCOMPASS ALL VI OLATIONS THAT OCCURR ED AS 28
327	327	PART OF A CONTINUING COURSE OF EMPLOYER C ONDUCT REGARDLESS OF THE 29
328	328	DATE OF THE VIOLATIO N. 30
329	329
330	330	(3) THE LIMITATION PERIOD UNDER PARAGRAPH (2) OF THIS 31
331	331	SUBSECTION DOES NOT APPLY DURING AN INVE STIGATION UNDER § 3–103(C) OF 32
332	332	THIS TITLE. 33 8 HOUSE BILL 72
333	333
334	334
335	335
336	336	(4) IF A COURT DETERMINES THAT AN EMPLOYEE IS ENTITLED TO 1
337	337	JUDGMENT IN AN ACTIO N UNDER THIS SUBSECT ION, THE COURT SHALL ALLO W 2
338	338	AGAINST THE EMPLOYER REASONABLE COUNSEL F EES AND OTHER COSTS OF THE 3
339	339	ACTION. 4
340	340
341	341	(G) (1) IF A PERSON IS FOUND TO HAVE VIOLATED SUB SECTION (B) OF 5
342	342	THIS SECTION, THE COMMISSIONER OR COURT SHALL REQUIRE THE PE RSON TO PAY 6
343	343	THE GREATER OF : 7
344	344
345	345	(I) ACTUAL DAMAGES PLUS LIQUIDATED DAMAGES ; OR 8
346	346
347	347	(II) $500 FOR EACH DAY THAT TH E VIOLATION CONTINUE D. 9
348	348
349	349	(2) (I) IF AN EMPLOYER WAS FO UND TO HAVE SUBSEQUE NTLY 10
350	350	VIOLATED THE PROVISI ONS OF THIS SUBTITLE WITHIN 6 YEARS AFTER A PREVIO US 11
351	351	VIOLATION, THE COMMISSIONER OR COURT SHALL ASSESS AGAINST THE EMPLOYER 12
352	352	A CIVIL PENALTY OF N OT LESS THAN $10,000. 13
353	353
354	354	(II) EACH CIVIL PENALTY ASSESS ED UNDER THIS PARAGR APH 14
355	355	SHALL BE PAID TO THE GENERAL FUND OF THE STATE TO OFFSET THE C OST OF 15
356	356	FINANCING THE ENFORC EMENT OF THIS SUBTIT LE. 16
357	357
358	358	3–501.1. 17
359	359
360	360	THIS SUBTITLE MAY NOT BE CONSTRUED TO CREA TE ANY LEGAL RIGHT F OR 18
361	361	AN INDIVIDUAL WHO IS AN INDEPENDENT CONTR ACTOR UNDER § 8–205 OF THIS 19
362	362	ARTICLE. 20
363	363
364	364	3–504. 21
365	365
366	366	(a) An employer shall give to each employee: 22
367	367
368	368	(1) [at the time of hiring,] WITHIN 30 DAYS AFTER THE FIRST DAY OF 23
369	369	EMPLOYMENT , WRITTEN notice of: 24
370	370
371	371	(i) the rate of pay of the employee; 25
372	372
373	373	(II) WHETHER THE EMPLOYEE IS PAID BY: 26
374	374
375	375	1. THE HOUR; 27
376	376
377	377	2. THE SHIFT; 28
378	378	HOUSE BILL 72 9
379	379
380	380
381	381	3. THE DAY; 1
382	382
383	383	4. THE WEEK; 2
384	384
385	385	5. SALARY; 3
386	386
387	387	6. THE PIECE; 4
388	388
389	389	7. COMMISSION; OR 5
390	390
391	391	8. ANY OTHER BASIS OF P AY; 6
392	392
393	393	(III) ALLOWANCES CLAIMED A S PART OF THE EMPLOY EE’S WAGE, 7
394	394	INCLUDING: 8
395	395
396	396	1. TIP ALLOWANCES ; 9
397	397
398	398	2. MEAL ALLOWANCES ; AND 10
399	399
400	400	3. LODGING ALLOWANCES ; 11
401	401
402	402	[(ii)] (IV) the regular paydays that the employer sets; [and 12
403	403
404	404	(iii)] (V) leave benefits; 13
405	405
406	406	(VI) THE NAME OF THE EMPL OYER; 14
407	407
408	408	(VII) THE PHYSICAL ADDRESS OF THE EMPLO YER’S MAIN OFFICE 15
409	409	OR PRINCIPAL PLACE O F BUSINESS AND, IF DIFFERENT, THE MAILING ADDRESS OF 16
410	410	THE EMPLOYER ; AND 17
411	411
412	412	(VIII) THE TELEPHONE NUMBER OF THE EMPLOYER ; 18
413	413
414	414	(2) for each pay period[,]: 19
415	415
416	416	(I) a statement of the gross earnings of the employee and deductions 20
417	417	from those gross earnings; [and] 21
418	418
419	419	(II) THE DATES OF THE WOR K COVERED BY THE PAY MENT OF 22
420	420	WAGES FOR THE PAY PE RIOD; 23
421	421
422	422	(III) THE NAME OF THE EMPL OYEE; 24
423	423
424	424	(IV) THE NAME OF THE EMPL OYER; 25 10 HOUSE BILL 72
425	425
426	426
427	427
428	428	(V) THE ADDRESS AND TELE PHONE NUMBER OF THE 1
429	429	EMPLOYER; 2
430	430
431	431	(VI) THE RATE OR RATES OF PAY, INCLUDING WHETHER TH E 3
432	432	RATE OF PAY IS BY: 4
433	433
434	434	1. THE HOUR; 5
435	435
436	436	2. THE SHIFT; 6
437	437
438	438	3. THE DAY; 7
439	439
440	440	4. THE WEEK; 8
441	441
442	442	5. SALARY; 9
443	443
444	444	6. THE PIECE; 10
445	445
446	446	7. COMMISSION; OR 11
447	447
448	448	8. ANY OTHER BASIS OF P AY; 12
449	449
450	450	(VII) A STATEMENT OF THE N ET EARNINGS OF THE E MPLOYEE; 13
451	451
452	452	(VIII) ALLOWANCES CLAIMED A S PART OF THE EMPLOY EE’S WAGE, 14
453	453	INCLUDING: 15
454	454
455	455	1. TIP ALLOWANCES ; 16
456	456
457	457	2. MEAL ALLOWANCES ; AND 17
458	458
459	459	3. LODGING ALLOWANC ES; 18
460	460
461	461	(IX) THE NUMBER OF HOURS WORKED PER WORKWEEK IN THE 19
462	462	PAY PERIOD; AND 20
463	463
464	464	(X) FOR EACH EMPLOYEE PA ID AT A PIECE RATE , THE 21
465	465	APPLICABLE PIECE RAT ES OR PIECE RATES OF PAY AND THE NUMBER O F PIECES 22
466	466	COMPLETED AT EACH PI ECE RATE; AND 23
467	467
468	468	(3) at least 1 pay period in advance, notice of any change in a payday or 24
469	469	wage. 25
470	470	HOUSE BILL 72 11
471	471
472	472
473	473	(b) This section does not prohibit an employer from increasing a wage without 1
474	474	advance notice. 2
475	475
476	476	3–507.2. 3
477	477
478	478	(a) (1) Notwithstanding any remedy available under § 3–507 of this subtitle, 4
479	479	if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this 5
480	480	subtitle, after 2 weeks have elapsed from the date on which the employer is required to 6
481	481	have paid the wages, the employee may bring an action against the employer to recover the 7
482	482	unpaid wages. 8
483	483
484	484	(2) IN AN ACTION FOR UNPA ID WAGES UNDER PARAG RAPH (1) OF 9
485	485	THIS SUBSECTION , IF AN EMPLOYE R FAILS TO MEET THE RE QUIREMENTS OF § 10
486	486	3–504(A)(2) OF THIS SUBTITLE , THE EMPLOYEE MAY ALSO RECOVER LIQUIDATED 11
487	487	DAMAGES OF $100 FOR EACH PAY PERIOD THAT A VIOLATION OCCURRED , NOT 12
488	488	EXCEEDING $2,500. 13
489	489
490	490	(b) If, in an action under subsection (a) of this section, a court finds that an 14
491	491	employer withheld the wage of an employee in violation of this subtitle [and not] THE 15
492	492	COURT MAY AWARD THE EMPLOYEE: 16
493	493
494	494	(1) REASONAB LE ATTORNEY’S FEES AND OTHER COS TS; AND 17
495	495
496	496	(2) UNLESS THE WAGE WAS WITHHELD as a result of a bona fide dispute, 18
497	497	[the court may award the employee] an amount not exceeding 3 times the wage[, and 19
498	498	reasonable counsel fees and other costs]. 20
499	499
500	500	3–508. 21
501	501
502	502	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
503	503	INDICATED. 23
504	504
505	505	(2) “COMPLAINT” HAS THE MEANING STAT ED IN § 3–428 OF THIS 24
506	506	TITLE. 25
507	507
508	508	(3) “EMPLOYEE” INCLUDES A FORMER EMPLOYEE OF THE 26
509	509	EMPLOYER. 27
510	510
511	511	[(a)] (B) (1) An employer may not: 28
512	512
513	513	(I) willfully violate this subtitle; 29
514	514
515	515	(II) PAY OR AGREE TO PAY AN EMPLOYEE IN A MAN NER THAT 30
516	516	VIOLATES THIS SUBTIT LE; 31
517	517	12 HOUSE BILL 72
518	518
519	519
520	520	(III) HINDER OR DELAY THE COMMISSIONER OR AN AU THORIZED 1
521	521	REPRESENTATIVE OF TH E COMMISSIONER IN THE E NFORCEMENT OF THIS 2
522	522	SUBTITLE; 3
523	523
524	524	(IV) TAKE ADVER SE ACTION AGAINST AN EMPLOYEE BECAUSE 4
525	525	THE EMPLOYEE : 5
526	526
527	527	1. MAKES, HAS MADE , OR IS THE SUBJECT OF A 6
528	528	COMPLAINT: 7
529	529
530	530	A. THAT THE EMPLOYEE HA S NOT BEEN PAID IN 8
531	531	ACCORDANCE WITH THIS SUBTITLE; OR 9
532	532
533	533	B. IN GOOD FAITH , THAT THE EMPLOYER EN GAGED IN 10
534	534	CONDUCT THAT VIOLATES ANY PROVISI ON OF THIS SUBTITLE ; 11
535	535
536	536	2. HAS PARTICIPATED OR TESTIFIED OR IS PREP ARING 12
537	537	TO TESTIFY IN AN INV ESTIGATION OR ACTION UNDER THIS SUBTITLE OR A 13
538	538	PROCEEDING RELATED T O THE SUBJECT OF THI S SUBTITLE; 14
539	539
540	540	3. ASSISTED ANOTHER EMP LOYEE IN MAKIN G A 15
541	541	COMPLAINT RELATED TO VIOLATIONS OF THIS S UBTITLE; 16
542	542
543	543	4. HAS BEEN INFORMED OR INFORMED ANOTHER 17
544	544	EMPLOYEE OF THE RIGH TS PROVIDED UNDER TH IS SUBTITLE; OR 18
545	545
546	546	5. OPPOSED OR REFUSED TO COMMIT ANY UNLAWFUL 19
547	547	PRACTICE UNDER THIS SUBTITLE; OR 20
548	548
549	549	(V) TAKE ADVE RSE ACTION AGAINST A N EMPLOYEE TO 21
550	550	PREVENT THE EMPLOYEE FROM TAKING ANY ACTI ON PROTECTED UNDER T HIS 22
551	551	SUBTITLE. 23
552	552
553	553	(2) ADVERSE ACTION PROHIB ITED UNDER PARAGRAPH (1) OF THIS 24
554	554	SUBSECTION INCLUDES : 25
555	555
556	556	(I) DISCHARGE; 26
557	557
558	558	(II) DEMOTION; 27
559	559
560	560	(III) DISCIPLINE; 28
561	561
562	562	(IV) A REDUCTION IN WORK HO URS OR OTHER SCHEDUL E 29 HOUSE BILL 72 13
563	563
564	564
565	565	CHANGES, NOT IN THE ORDINARY COURSE OF BUSINESS , THAT ARE LESS FAVORA BLE 1
566	566	TO THE EMPLOYEE ; 2
567	567
568	568	(V) REPORTING THE SUSPEC TED CITIZENSHIP OR 3
569	569	IMMIGRATION STATUS O F AN EMPLOYEE , A FORMER EMPLOYEE , OR A FAMILY 4
570	570	MEMBER OF AN EMPLOYEE OR FORMER EMPLOYEE TO A FEDERAL, STATE, OR LOCAL 5
571	571	AGENCY BECAUSE THE E MPLOYEE EXERCISED OR ATTEMPTED TO EXERCIS E A 6
572	572	RIGHT UNDER THIS SUB TITLE; 7
573	573
574	574	(VI) THREATENING ANY OF T HE ACTIONS DESCRIBED IN ITEMS 8
575	575	(I) THROUGH (IV) OF THIS PARAGRAPH ; AND 9
576	576
577	577	(VII) ANY OTHER RETALIATOR Y ACTION OR THREAT O F ACTION 10
578	578	AGAINST AN EMPLOYEE OR ANOTHER INDIVIDUA L FOR EXERCISING OR ATTEMPTING 11
579	579	TO EXERCISE ANY RIGH T UNDER THIS SUBTITL E THAT WOULD DISSUAD E A 12
580	580	REASONABLE INDIVIDUA L FROM MAKING A COMP LAINT, BRINGING AN ACTION, OR 13
581	581	TESTIFYING IN AN ACT ION UNDER THIS SUBTI TLE. 14
582	582
583	583	[(b)] (C) An employee may not knowingly make to a governmental unit or official 15
584	584	of a governmental unit a false statement with respect to any investigation or proceeding 16
585	585	under this subtitle, with the intent that the governmental unit or official consider or 17
586	586	otherwise act in connection with the statement. 18
587	587
588	588	[(c)] (D) (1) (I) An employer who violates subsection [(a)] (B) of this 19
589	589	section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 20
590	590	$1,000. 21
591	591
592	592	(II) IN ADDITION TO SUBPAR AGRAPH (I) OF THIS PARAGRAPH , 22
593	593	THE ENFORCEMENT PROV ISIONS, CIVIL PENALTIES , AND REMEDIES PROVIDE D 23
594	594	UNDER § 3–428 OF THIS TITLE APPLY TO VIOLATIONS OF SUB SECTION (B)(1) OF THIS 24
595	595	SECTION IN THE SAME MANNER AS VIOLATIONS OF § 3–428(B) OF THIS TITLE. 25
596	596
597	597	(III) EACH CIVIL PENALTY AS SESSED UNDER THIS PA RAGRAPH 26
598	598	SHALL BE PAID TO THE GENERAL FUND OF THE STATE TO OFFSET THE C OST OF 27
599	599	FINANCING THE ENFORC EMENT OF THIS SUBTIT LE. 28
600	600
601	601	(2) An employee who violates subsection [(b)] (C) of this section is guilty of 29
602	602	a misdemeanor and on conviction is subject to a fine not exceeding [$500] $1,000. 30
603	603
604	604	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
605	605	October 1, 2022. 32
606	606