EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0078*
SENATE BILL 78
K3 2lr1182
SB 641/20 – FIN (PRE–FILED) CF HB 72
By: Senator Smith
Requested: October 29, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Wage and Hour Law and Maryland Wage Payment and Collection 2
Law – Revisions 3
(Maryland Wage Protection Act) 4
FOR the purpose of altering certain provisions related to the payment of wages, including 5
the application, penalty, and enforcement provisions of the Maryland Wage and 6
Hour Law and the Maryland Wage Payment and Collection Law, the provision of 7
information related to the payment of wages by employers to employees, and adverse 8
actions by an employer; and generally relating to employer requirements concerning 9
prohibited employer conduct, wage records, wages, and paydays. 10
BY repealing and reenacting, with amendments, 11
Article – Labor and Employment 12
Section 3–103, 3–403(14) and (15), 3–423, 3–428, 3–504, 3–507.2(a) and (b), and 13
3–508 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Labor and Employment 18
Section 3–403(16) and 3–501.1 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2021 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Labor and Employment 24
3–103. 25 2 SENATE BILL 78
(a) Except as otherwise provided in this section, the Commissioner may conduct 1
an investigation to determine whether a provision of this title has been violated on the 2
Commissioner’s own initiative or may require a written complaint. 3
(b) The Commissioner may conduct an investigation under Subtitle 3 of this title, 4
on the Commissioner’s own initiative or on receipt of a written complaint of an employee. 5
(C) THE COMMISSIONER MAY COND UCT AN INVESTIGATION UNDER 6
SUBTITLE 4 OF THIS TITLE ON THE COMMISSIONER ’S OWN INITIATIVE OR ON 7
RECEIPT OF A WRITTEN COMPLAINT OF AN EMPL OYEE. 8
[(c)] (D) The Commissioner may conduct an investigation to determine whether 9
Subtitle 5 of this title has been violated ON THE COMMISSIONER ’S OWN INITIATIVE OR 10
on receipt of a written complaint of an employee. 11
[(d)] (E) The Commissioner may conduct an investigation to determine whether 12
Subtitle 6 of this title has been violated on receipt of a written complaint of a sales 13
representative. 14
[(e)] (F) (1) The Commissioner may investigate whether § 3–701 of this title 15
has been violated on receipt of a written complaint of an applicant for employment. 16
(2) The Commissioner may investigate whether § 3–702 of this title has 17
been violated on receipt of a written complaint of an applicant for employment or an 18
employee. 19
(3) The Commissioner may investigate whether § 3–704 of this title has 20
been violated on receipt of a written complaint of an employee. 21
(4) The Commissioner may investigate whether § 3–710 of this title has 22
been violated on receipt of a written complaint of an employee as provided in § 3–710(d)(1) 23
of this title. 24
(5) The Commissioner may investigate whether § 3–711 of this title has 25
been violated on receipt of a written complaint of an employee as provided in § 3–711(d)(1) 26
of this title. 27
(6) The Commissioner may investigate whether § 3–712 of this title has 28
been violated on receipt of a written complaint of an employee or applicant. 29
[(f)] (G) (1) The Commissioner may investigate whether § 3–801 of this title 30
has been violated on receipt of a written complaint of an employee. 31
(2) The Commissioner may investigate whether § 3–802 of this title has 32
been violated on receipt of a written complaint of an employee. 33 SENATE BILL 78 3
[(g)] (H) The Commissioner may investigate whether Subtitle 9 of this title has 1
been violated: 2
(1) on the Commissioner’s own initiative; 3
(2) on receipt of a written complaint signed by the person submitting the 4
complaint; or 5
(3) on referral from another unit of State government. 6
[(h)] (I) The Commissioner may conduct an investigation to determine whether 7
Subtitle 10 of this title has been violated on receipt of a written complaint of an employee. 8
[(i)] (J) The Commissioner may conduct an investigation to determine whether 9
Subtitle 12 of this title has been violated on receipt of a written complaint of an employee. 10
[(j)] (K) The Commissioner may conduct an investigation to determine whether 11
Subtitle 14 of this title has been violated on receipt of a written complaint of an applicant 12
or employee. 13
[(k)] (L) The Commissioner, on the Commissioner’s own initiative or on receipt 14
of a written complaint, may conduct an investigation of whether a local minimum wage law 15
has been violated. 16
[(l)] (M) (1) The Commissioner may conduct an investigation to determine 17
whether Subtitle 13 of this title has been violated on receipt of a written complaint by an 18
employee. 19
(2) To the extent practicable, the Commissioner shall keep confidential the 20
identity of an employee who has filed a written complaint alleging a violation of Subtitle 13 21
of this title unless the employee waives confidentiality. 22
[(m)] (N) The Commissioner may conduct an investigation to determine whether 23
Subtitle 16 of this title has been violated on receipt of a written complaint by an employee. 24
3–403. 25
This subtitle does not apply to an individual who: 26
(14) is employed as a hand–harvest laborer and is paid on a piece–rate basis 27
in an operation that, in the region of employment, has been and customarily and generally 28
is recognized as having been paid on that basis, if: 29
(i) the individual: 30
4 SENATE BILL 78
1. commutes daily from the permanent residence of the 1
individual to the farm where the individual is employed; and 2
2. during the preceding calendar year, was employed in 3
agriculture less than 13 weeks; or 4
(ii) the individual: 5
1. is under the age of 17; 6
2. is employed on the same farm as a parent of the individual 7
or a person standing in the place of the parent; and 8
3. is paid at the same rate that an employee who is at least 9
17 years old is paid on the same farm; [or] 10
(15) is a covered employee under the Secure Maryland Wage Act; OR 11
(16) IS AN INDEPENDENT CO NTRACTOR UNDER § 8–205 OF THIS 12
ARTICLE. 13
3–423. 14
(a) On request by an employer, the Commissioner shall provide without charge a 15
copy of any summary or regulation to the employer. 16
(b) Each employer shall keep posted conspicuously in each place of employment: 17
(1) a summary of this subtitle that: 18
(I) the Commissioner approves; and 19
(II) INCLUDES THE ANTI RETALIATION PROVISIO NS UNDER § 20
3–428(B)(1)(III) OF THIS SUBTITLE; AND 21
(2) a copy or summary of each regulation that is adopted to carry out this 22
subtitle. 23
3–428. 24
(a) (1) In this section[, “complaint”] THE FOLLOWING WORDS HAVE THE 25
MEANINGS INDICATED . 26
(2) “COMPLAINT” includes a written or oral complaint, claim, or assertion 27
of right by, OR ON BEHALF OF , an employee, regarding the payment of wages under this 28
subtitle, that is made to: 29 SENATE BILL 78 5
[(1)] (I) the employer or a supervisor, A manager, [or] A foreman, OR AN 1
INDIVIDUAL DESIGNATE D BY THE EMPLOYER , THROUGH WRITING OR S IGNAGE 2
PROVIDED OR MADE AVA ILABLE TO THE EMPLOY EE, TO RECEIVE COMPLAINT S 3
employed by the employer whether it is made through the employer’s internal grievance 4
process or otherwise; or 5
[(2)] (II) the Commissioner or an authorized representative of the 6
Commissioner. 7
(3) “EMPLOYEE” INCLUDES A FORMER EM PLOYEE OF THE 8
EMPLOYER. 9
(b) (1) An employer may not: 10
(i) pay or agree to pay less than the wage required under this 11
subtitle; 12
(ii) hinder or delay the Commissioner or an authorized 13
representative of the Commissioner in the enforcement of this subtitle; 14
(iii) take adverse action against an employee because the employee: 15
1. makes, HAS MADE, OR IS THE SUBJECT OF a complaint: 16
A. that the employee has not been paid in accordance with 17
this subtitle; OR 18
B. IN GOOD FAITH , THAT THE EMPLOYER EN GAGED IN 19
CONDUCT THAT VIOLATE S ANY PROVISION OF T HIS SUBTITLE; 20
2. brings an action under this subtitle or a proceeding that 21
relates to the subject of this subtitle; [or] 22
3. has PARTICIPATED , testified, OR IS PREPARING TO 23
TESTIFY in an INVESTIGATION OR action under this subtitle or a proceeding related to 24
the subject of this subtitle; [or] 25
4. ASSISTED ANOTHER EMP LOYEE IN MAKING A 26
COMPLAINT RELATED TO THE ALLEGED VIOLATIO NS OF THIS SUBTITLE ; 27
5. HAS BEEN INFORMED OR HAS INFORMED ANOTHER 28
EMPLOYEE OF THE RIGH TS PROVIDED UNDER TH IS SUBTITLE; OR 29
6. OPPOSED OR REFUSED TO COMMIT ANY UNLAWFUL 30 6 SENATE BILL 78
PRACTICE UNDER THIS SUBTITLE; 1
(IV) TAKE ADVERSE ACTION AGAINST AN EMPLOYEE TO 2
PREVENT THE EMPLOYEE FROM TAKING ANY ACTI ON PROTECTED UNDER T HIS 3
SUBTITLE; OR 4
[(iv)] (V) violate any other provision of this subtitle. 5
(2) Adverse action prohibited under paragraph (1) of this subsection 6
includes: 7
(i) discharge; 8
(ii) demotion; 9
[(iii) threatening the employee with discharge or demotion; and] 10
(III) DISCIPLINE; 11
(IV) A REDUCTION IN WORK HO URS OR OTHER S CHEDULE 12
CHANGES, NOT IN THE ORDINARY COURSE OF BUSINESS , THAT ARE LESS FAVORA BLE 13
TO THE EMPLOYEE ; 14
(V) REPORTING THE SUSPEC TED CITIZENSHIP OR 15
IMMIGRATION STATUS O F AN EMPLOYEE , A FORMER EMPLOYEE , OR A FAMILY 16
MEMBER OF AN EMPLOYE E OR FORMER EMPLOYEE TO A FEDERAL, STATE, OR LOCAL 17
AGENCY BECAUSE THE E MPLOYEE EXERCISED OR ATTEMPTED TO EXERCIS E A 18
RIGHT UNDER THIS SUB TITLE; 19
(VI) THREATENING ANY OF T HE ACTIONS DESCRIBED IN ITEMS 20
(I) THROUGH (IV) OF THIS PARAGRAPH ; AND 21
[(iv)] (VII) any other retaliatory action OR THREATS OF ACTION 22
AGAINST AN EMPLOYEE OR ANOTHER INDIVIDUA L FOR EXERCISING OR ATTEMPTING 23
TO EXERCISE ANY RIGH T UNDER THIS SUBTITL E that [results in a change to the terms 24
or conditions of employment that] would dissuade a reasonable [employee] INDIVIDUAL 25
from making a complaint, bringing an action, or testifying in an action under this subtitle. 26
(c) An [employee] INDIVIDUAL may not: 27
(1) make a groundless or malicious complaint to the Commissioner or an 28
authorized representative of the Commissioner; 29
(2) in bad faith, bring an action under this subtitle or a proceeding related 30
to the subject of this subtitle; or 31 SENATE BILL 78 7
(3) in bad faith, testify in an action under this subtitle or a proceeding 1
related to the subject of this subtitle. 2
(d) (1) A person who violates any provision of this section is guilty of a 3
misdemeanor and on conviction is subject to a fine not exceeding $1,000. 4
[(e)] (2) An employer may not be convicted under this section unless the 5
evidence demonstrates that the employer had knowledge of the relevant complaint, 6
testimony, or action for which the prosecution for retaliation is sought. 7
(3) TO PREVAIL IN AN ACTI ON FOR A VIOLATION O F SUBSECTION 8
(B)(1)(III) OF THIS SECTION , THE PLAINTIFF MUST D EMONSTRATE BY A 9
PREPONDERANCE OF THE EVIDENCE THAT AN ACT IVITY PROTECTED UNDE R 10
SUBSECTION (B)(1)(III) OF THIS SECTION WAS A CONTRIBUTING FACTO R IN THE 11
ALLEGED RETALIATION OR ADVERSE ACTION AG AINST THE INDIVIDUAL SUBJECT OF 12
THE ACTION. 13
(E) THE NAME OF THE EMPLO YEE OR ANOTHER PERSON IDENTI FIED IN THE 14
COMPLAINT OR AN INVE STIGATION BY THE COMMISSIONER UNDER TH IS SECTION 15
SHALL BE KEPT CONFID ENTIAL UNLESS THE COMMISSIONER DETERMIN ES THAT 16
THE EMPLOYEE ’S NAME MUST BE DISCLOSED, WITH THE EMPLOYEE ’S CONSENT, TO 17
FURTHER INVESTIGA TE THE COMPLAINT . 18
(F) (1) (I) NOTWITHSTANDING § 3–103(C) OF THIS TITLE , IF AN 19
EMPLOYER’S ACTION VIOLATES SU BSECTION (B) OF THIS SECTION , AN AFFECTED 20
EMPLOYEE MAY BRING A N ACTION AGAINST AN EMPLOYER. 21
(II) AN EMPLOYEE MAY BRING AN ACTION ON BEHALF OF THE 22
EMPLOYEE AND OTHER E MPLOYEES SIMILARLY A FFECTED. 23
(2) EXCEPT AS PROVIDED UN DER PARAGRAPH (3) OF THIS 24
SUBSECTION, AN ACTION UNDER THIS SUBSECTION: 25
(I) SHALL BE FILED WITHI N 3 YEARS AFTER THE EMPL OYEE 26
KNEW OR SHOULD HAVE KNOWN OF THE EMPLOYE R’S ACTION; AND 27
(II) MAY ENCOMPASS ALL VI OLATIONS THAT OCCURR ED AS 28
PART OF A CONTINUING COURSE OF EMPLOYER C ONDUCT REGARDLESS OF THE 29
DATE OF THE VIOLATIO N. 30
(3) THE LIMITATION PERIOD UNDER PARAGRAPH (2) OF THIS 31
SUBSECTION DOES NOT APPLY DURING AN INVE STIGATION UNDER § 3–103(C) OF 32
THIS TITLE. 33 8 SENATE BILL 78
(4) IF A COURT DETERMINES THAT AN EMPLOYEE IS ENTITLED TO 1
JUDGMENT IN AN ACTIO N UNDER THIS SUBSECT ION, THE COURT SHALL ALLO W 2
AGAINST THE EMPLOYER REASONABLE COUNSEL F EES AND OTHER COSTS OF THE 3
ACTION. 4
(G) (1) IF A PERSON IS FOUND TO HAVE VIOLATED SUB SECTION (B) OF 5
THIS SECTION, THE COMMISSIONER OR COURT SHALL REQUIRE THE PE RSON TO PAY 6
THE GREATER OF : 7
(I) ACTUAL DAMAGES PLUS LIQUIDATED DAMAGES ; OR 8
(II) $500 FOR EACH DAY THAT TH E VIOLATION CONTINUE D. 9
(2) (I) IF AN EMPLOYER WAS FO UND TO HAVE SUBSEQUE NTLY 10
VIOLATED THE PROVISI ONS OF THIS SUBTITLE WITHIN 6 YEARS AFTER A PREVIO US 11
VIOLATION, THE COMMISSIONER OR COURT SHALL ASSESS AGAINST THE EMPLOYER 12
A CIVIL PENALTY OF N OT LESS THAN $10,000. 13
(II) EACH CIVIL PENALTY ASSESSE D UNDER THIS PARAGRA PH 14
SHALL BE PAID TO THE GENERAL FUND OF THE STATE TO OFFSET THE C OST OF 15
FINANCING THE ENFORC EMENT OF THIS SUBTIT LE. 16
3–501.1. 17
THIS SUBTITLE MAY NOT BE CONSTRUED TO CREA TE ANY LEGAL RIGHT F OR 18
AN INDIVIDUAL WHO IS AN INDEPENDENT CONTRA CTOR UNDER § 8–205 OF THIS 19
ARTICLE. 20
3–504. 21
(a) An employer shall give to each employee: 22
(1) [at the time of hiring,] WITHIN 30 DAYS AFTER THE FIRST DAY OF 23
EMPLOYMENT , WRITTEN notice of: 24
(i) the rate of pay of the employee; 25
(II) WHETHER THE EMPLOYEE IS PAID BY: 26
1. THE HOUR; 27
2. THE SHIFT; 28
SENATE BILL 78 9
3. THE DAY; 1
4. THE WEEK; 2
5. SALARY; 3
6. THE PIECE; 4
7. COMMISSION; OR 5
8. ANY OTHER BASIS OF P AY; 6
(III) ALLOWANCES CLAIMED A S PART OF THE EMPLOY EE’S WAGE, 7
INCLUDING: 8
1. TIP ALLOWANCES ; 9
2. MEAL ALLOWANCES ; AND 10
3. LODGING ALLOWANCES ; 11
[(ii)] (IV) the regular paydays that the employer sets; [and 12
(iii)] (V) leave benefits; 13
(VI) THE NAME OF THE EMPL OYER; 14
(VII) THE PHYSICAL ADDRESS OF THE EMPLO YER’S MAIN OFFICE 15
OR PRINCIPAL PLACE O F BUSINESS AND, IF DIFFERENT, THE MAILING ADDRESS OF 16
THE EMPLOYER ; AND 17
(VIII) THE TELEPHONE NUMBER OF THE EMPLOYER ; 18
(2) for each pay period[,]: 19
(I) a statement of the gross earnings of the employee and deductions 20
from those gross earnings; [and] 21
(II) THE DATES OF THE WOR K COVERED BY THE PAY MENT OF 22
WAGES FOR THE PAY PE RIOD; 23
(III) THE NAME OF THE EMPL OYEE; 24
(IV) THE NAME OF THE EMPL OYER; 25 10 SENATE BILL 78
(V) THE ADDRESS AND TELE PHONE NUMBER O F THE 1
EMPLOYER; 2
(VI) THE RATE OR RATES OF PAY, INCLUDING WHETHER TH E 3
RATE OF PAY IS BY: 4
1. THE HOUR; 5
2. THE SHIFT; 6
3. THE DAY; 7
4. THE WEEK; 8
5. SALARY; 9
6. THE PIECE; 10
7. COMMISSION; OR 11
8. ANY OTHER BASIS OF P AY; 12
(VII) A STATEMENT OF THE N ET EARNINGS OF THE E MPLOYEE; 13
(VIII) ALLOWANCES CLAIMED A S PART OF THE EMPLOY EE’S WAGE, 14
INCLUDING: 15
1. TIP ALLOWANCES ; 16
2. MEAL ALLOWANCES ; AND 17
3. LODGING ALLOWANCES ; 18
(IX) THE NUMBER OF HOURS WORKED PER WORK WEEK IN THE 19
PAY PERIOD; AND 20
(X) FOR EACH EMPLOYEE PA ID AT A PIECE RATE , THE 21
APPLICABLE PIECE RAT ES OR PIECE RATES OF PAY AND THE NUMBER O F PIECES 22
COMPLETED AT EACH PI ECE RATE; AND 23
(3) at least 1 pay period in advance, notice of any change in a payday or 24
wage. 25
SENATE BILL 78 11
(b) This section does not prohibit an employer from increasing a wage without 1
advance notice. 2
3–507.2. 3
(a) (1) Notwithstanding any remedy available under § 3–507 of this subtitle, 4
if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this 5
subtitle, after 2 weeks have elapsed from the date on which the employer is required to 6
have paid the wages, the employee may bring an action against the employer to recover the 7
unpaid wages. 8
(2) IN AN ACTION FOR UNPA ID WAGES UNDER PARAGRAPH (1) OF 9
THIS SUBSECTION , IF AN EMPLOYER FAILS TO MEET THE REQUIREM ENTS OF § 10
3–504(A)(2) OF THIS SUBTITLE , THE EMPLOYEE MAY ALS O RECOVER LIQUIDATED 11
DAMAGES OF $100 FOR EACH PAY PERIOD THAT A VIOLATION OCC URRED, NOT 12
EXCEEDING $2,500. 13
(b) If, in an action under subsection (a) of this section, a court finds that an 14
employer withheld the wage of an employee in violation of this subtitle [and not] THE 15
COURT MAY AWARD THE EMPLOYEE: 16
(1) REASONABLE ATTORNEY ’S FEES AND OTHER COS TS; AND 17
(2) UNLESS THE WAGE WAS WITHHELD as a result of a bona fide dispute, 18
[the court may award the employee] an amount not exceeding 3 times the wage[, and 19
reasonable counsel fees and other costs]. 20
3–508. 21
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 22
INDICATED. 23
(2) “COMPLAINT” HAS THE MEANING STAT ED IN § 3–428 OF THIS 24
TITLE. 25
(3) “EMPLOYEE” INCLUDES A FORMER EM PLOYEE OF THE 26
EMPLOYER. 27
[(a)] (B) (1) An employer may not: 28
(I) willfully violate this subtitle; 29
(II) PAY OR AGREE TO PAY AN EMPLOYEE IN A MAN NER THAT 30
VIOLATES THIS SUBTIT LE; 31
12 SENATE BILL 78
(III) HINDER OR DELAY THE COMMISSIONER OR AN AU THORIZED 1
REPRESENTATIVE OF TH E COMMISSIONER IN THE E NFORCEMENT OF THIS 2
SUBTITLE; 3
(IV) TAKE ADVERSE ACTION AGAINST AN EMPLOYEE BECAUSE 4
THE EMPLOYEE : 5
1. MAKES, HAS MADE , OR IS THE SUBJECT OF A 6
COMPLAINT: 7
A. THAT THE EMPLOYEE HA S NOT BEEN PAID IN 8
ACCORDANCE WITH THIS SUBTITLE; OR 9
B. IN GOOD FAITH , THAT THE EMPLOYER EN GAGED IN 10
CONDUCT THAT VIOLATE S ANY PROVISION OF T HIS SUBTITLE; 11
2. HAS PARTICIPATED OR TESTIFIED OR IS PREP ARING 12
TO TESTIFY IN AN INV ESTIGATION OR ACTION UNDER THIS SUBTITLE OR A 13
PROCEEDING RELATED T O THE SUBJECT OF THI S SUBTITLE; 14
3. ASSISTED ANOTHER EMP LOYEE IN MAKING A 15
COMPLAINT RELATED TO VIOLATIONS OF THIS S UBTITLE; 16
4. HAS BEEN INFORMED OR INFORMED ANOTHER 17
EMPLOYEE OF THE RIGH TS PROVIDED UNDER TH IS SUBTITLE; OR 18
5. OPPOSED OR REFUSED T O COMMIT ANY UNLAWFU L 19
PRACTICE UNDER THIS SUBTITLE; OR 20
(V) TAKE ADVERSE ACTION AGAINST AN EMPLOYEE TO 21
PREVENT THE EMPL OYEE FROM TAKING ANY ACTION PROTECTED UND ER THIS 22
SUBTITLE. 23
(2) ADVERSE ACTION PROHIB ITED UNDER PARAGRAPH (1) OF THIS 24
SUBSECTION INCLUDES : 25
(I) DISCHARGE; 26
(II) DEMOTION; 27
(III) DISCIPLINE; 28
(IV) A REDUCTION IN WORK HO URS OR OTHER SCHEDUL E 29 SENATE BILL 78 13
CHANGES, NOT IN THE ORDINAR Y COURSE OF BUSINESS , THAT ARE LESS FAVORA BLE 1
TO THE EMPLOYEE ; 2
(V) REPORTING THE SUSPEC TED CITIZENSHIP OR 3
IMMIGRATION STATUS O F AN EMPLOYEE , A FORMER EMPLOYEE , OR A FAMILY 4
MEMBER OF AN EMPLOYE E OR FORMER EMPLOYEE TO A FEDERAL, STATE, OR LOCAL 5
AGENCY BECAUSE THE E MPLOYEE EXERCISED OR ATTEMPTED TO EXERCIS E A 6
RIGHT UNDER THIS SUB TITLE; 7
(VI) THREATENING ANY OF T HE ACTIONS DESCRIBED IN ITEMS 8
(I) THROUGH (IV) OF THIS PARAGRAPH ; AND 9
(VII) ANY OTHER RETALIATOR Y ACTION OR THREA T OF ACTION 10
AGAINST AN EMPLOYEE OR ANOTHER INDIVIDUA L FOR EXERCISING OR ATTEMPTING 11
TO EXERCISE ANY RIGH T UNDER THIS SUBTITL E THAT WOULD DISSUAD E A 12
REASONABLE INDIVIDUA L FROM MAKING A COMP LAINT, BRINGING AN ACTION , OR 13
TESTIFYING IN AN ACT ION UNDER THIS SUBT ITLE. 14
[(b)] (C) An employee may not knowingly make to a governmental unit or official 15
of a governmental unit a false statement with respect to any investigation or proceeding 16
under this subtitle, with the intent that the governmental unit or official consider or 17
otherwise act in connection with the statement. 18
[(c)] (D) (1) (I) An employer who violates subsection [(a)] (B) of this 19
section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding 20
$1,000. 21
(II) IN ADDITION TO SUBP ARAGRAPH (I) OF THIS PARAGRAPH , 22
THE ENFORCEMENT PROV ISIONS, CIVIL PENALTIES , AND REMEDIES PROVIDE D 23
UNDER § 3–428 OF THIS TITLE APPLY TO VIOLATIONS OF SUB SECTION (B)(1) OF THIS 24
SECTION IN THE SAME MANNER AS VIOLATIONS OF § 3–428(B) OF THIS TITLE. 25
(III) EACH CIVIL PENALTY AS SESSED UNDER THIS PA RAGRAPH 26
SHALL BE PAID TO THE GENERAL FUND OF THE STATE TO OFFSET THE C OST OF 27
FINANCING THE ENFORC EMENT OF THIS SUBTIT LE. 28
(2) An employee who violates subsection [(b)] (C) of this section is guilty of 29
a misdemeanor and on conviction is subject to a fine not exceeding [$500] $1,000. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2022. 32