EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0349*
HOUSE BILL 349
K3 3lr1675
HB 431/22 – ECM
By: Delegates Foley, Allen, Charkoudian, Lehman, Moon, Palakovich Carr, Ruth,
Shetty, Stewart, and Terrasa
Introduced and read first time: January 26, 2023
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 2022 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 2022 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 2 HOUSE BILL 349
to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations 1
that are necessary to carry out: 2
(1) Title 3, Subtitle 3 of this article; 3
(2) Title 3, Subtitle 5 of this article; 4
(3) Title 3, Subtitle 13 of this article; 5
(4) TITLE 3, SUBTITLE 18 OF THIS ARTICLE; 6
[(4)] (5) Title 4, Subtitle 2, Parts I through III of this article; 7
[(5)] (6) Title 5 of this article; 8
[(6)] (7) Title 6 of this article; and 9
[(7)] (8) Title 7 of this article. 10
3–102. 11
(a) In addition to any duties set forth elsewhere, the Commissioner shall: 12
(1) enforce Subtitle 2 of this title; 13
(2) carry out Subtitle 3 of this title; 14
(3) enforce Subtitle 4 of this title; 15
(4) enforce Subtitle 9 of this title; 16
(5) enforce Subtitle 16 of this title; [and] 17
(6) ENFORCE SUBTITLE 18 OF THIS TITLE; AND 18
[(6)] (7) enforce a local minimum wage law. 19
3–103. 20
(N) THE COMMISSIONER MAY COND UCT AN INVESTIGATION TO DETERMINE 21
WHETHER A PROVISION OF SUBTITLE 18 OF THIS TITLE HAS BE EN VIOLATED, ON 22
THE COMMISSIONER ’S OWN INITIATIVE OR ON REC EIPT OF A WRITTEN CO MPLAINT 23
OF AN EMPLOYEE . 24
SUBTITLE 18. FAIR SCHEDULING. 25
HOUSE BILL 349 3
3–1801. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “EMPLOYEE” DOES NOT INCLUDE : 4
(1) AN INDIVIDUAL WHO IS EXEMPT FROM THE M INIMUM WAGE AND 5
OVERTIME PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT; OR 6
(2) AN INDIVIDUAL WHO PE RFORMS WORK FOR AN E MPLOYER FOR 7
REMUNERATION IF : 8
(I) THE INDIVIDUAL IS FR EE FROM THE EMPLOYER ’S CONTROL 9
AND DIRECTION REGARD ING THE PERFORMANCE OF THE WORK; 10
(II) THE INDIVIDUAL CUSTO MARILY IS ENGAGED IN AN 11
INDEPENDENT BUSINESS OR OCCUPATION OF THE SAME NATURE AS THAT INVOLVED 12
IN THE WORK; AND 13
(III) THE WORK IS: 14
1. OUTSIDE THE USUAL CO URSE OF BUSINESS OF THE 15
EMPLOYER; OR 16
2. PERFORMED OUTSIDE AN Y PLACE OF BUSINESS OF 17
THE EMPLOYER . 18
(C) “EMPLOYER” MEANS A PERSON THAT EMPLOYS INDIVIDUALS IN A FOOD 19
SERVICE FACILITY OR RETAIL ESTABLISHMENT . 20
(D) “FOOD SERVICE FACILITY ” MEANS AN ENTITY THAT IS A 21
FULL–SERVICE OR LIMITED –SERVICE R ESTAURANT, AS DEFINED UNDER THE 22
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, NAICS 7221 AND NAICS 23
7222, IF THE RESTAURANT IS : 24
(1) PART OF A CHAIN OF A T LEAST 10 RESTAURANTS NATIONWI DE; OR 25
(2) A FRANCHISE OF AT LE AST 10 ESTABLISHMENTS NATIO NWIDE, 26
INCLUDING: 27
(I) AN INTEGRATED ENTERP RISE THAT OWNS OR OP ERATES AT 28
LEAST 10 ESTABLISHMENTS IN TH E AGGREGATE NATIONAL LY; OR 29 4 HOUSE BILL 349
(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 E MPLOYER 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 REPO RT 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 ADOPT ION 16
OR RETENTION OF POLI CIES THAT ARE MORE B ENEFICIAL TO EMPLOYE ES THAN THE 17
REQUIREMENTS OF THIS 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 AGREEMENT THAT ESTAB LISHES POLICIES THAT ARE MORE 21
BENEFICIAL TO AN EMP LOYEE THAN THE REQUI REMENTS OF THIS SUBT ITLE; 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 ADDITIONAL R IGHTS OR EXTEND OTHE R PROTECTIONS TO 25
EMPLOYEES BEYOND THO SE PROVIDED UNDER TH IS 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 LEAST 4 HOURS AT THE EMPLOYE E’S REGULAR RATE OF PA Y FOR 30
EACH SHIFT OR ON –CALL SHIFT FOR WHICH THE EMPLOYEE REPORTS TO WORK, AS 31
REQUIRED BY THE EMPL OYER, BUT IS REQUIRED TO W ORK LESS THAN 4 HOURS. 32 HOUSE BILL 349 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 T HE EMPLOYEE FOR THE SCHEDULED HOURS OF T HE 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 HOURS O F 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 RATE FOR E ACH 10
ON–CALL SHIFT OF 4 HOURS OR LESS ; AND 11
(2) 4 HOURS OF PAY AT THE EMPLOYEE’S REGULAR RATE FOR E ACH 12
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 H EALTH OR SAFETY OF 25
EMPLOYEES OR THE PUB LIC. 26
(D) (1) FOR THE PURPOSES OF S UBSECTION (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 EL IGIBLE EMPLOYEES IN THE FORM OF 31 6 HOUSE BILL 349
A MASS COMMUNICATION ; 1
(II) TRANSMITTED ELECTRON ICALLY OR IN WRITING AT THE 2
WORK SITE; AND 3
(III) NOT COERCIVE IN ANY WAY. 4
(2) THERE IS A REBUTTABLE PRES UMPTION THAT THE PAY 5
REQUIRED UNDER SUBSE CTION (A) OR (B) OF THIS SECTION IS O WED IF THE 6
EMPLOYER FAILS TO DO CUMENT CONSENT TO TH E SHIFT TRADE. 7
(E) THE REQUIREMENTS UNDE R SUBSECTIONS (A) AND (B) OF THIS 8
SECTION DO NOT APPLY DURING PER IODS WHEN OPERATIONS OF THE EMPLOYER 9
ARE SUSPENDED DUE TO AN EVENT BEYOND THE EMPLOYER’S CONTROL. 10
3–1804. 11
(A) AN EMPLOYEE HAS THE R IGHT TO DECLINE TO W ORK HOURS THAT 12
OCCUR DURING THE 11 HOURS FOLLOWING THE END OF A SHIFT. 13
(B) IF AN EMPLOYEE AGREES IN WRITING TO WORK HOUR S THAT OCCUR 14
DURING THE 11 HOURS FOLLOWING THE END OF THE SHIFT , THE EMPLOYER SHALL 15
PAY THE EMPLOYEE: 16
(1) 1.5 TIMES THE EMPLOYEE ’S REGULAR RATE OF PA Y FOR THE 17
HOURS WORKED ; OR 18
(2) IF THE TOTAL AMOUNT THAT WOULD BE PAID UNDER ITEM (1) OF 19
THIS SUBSECTION IS L ESS THAN THE EMPLOYEE WOULD B E PAID FOR 4 HOURS 20
WORKED AT THE EMPLOY EE’S REGULAR RATE OF PA Y, AN AMOUNT THAT IS AT LEAST 21
EQUIVALENT TO 4 HOURS PAID AT THE EM PLOYEE’S REGULAR RATE OF PA Y. 22
3–1805. 23
(A) AN EMPLOYER SHALL GIV E EMPLOYEES NOTICE OF THEI R RIGHTS 24
UNDER THIS SUBTITLE BY CONSPICUOUSLY POS TING NOTICES IN ENGLISH AND 25
SPANISH AT A LOCATION AT THE WORK SITE THA T IS READILY ACCESSI BLE TO ALL 26
EMPLOYEES. 27
(B) THE NOTICES REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 28
SHALL INCLUDE: 29
(1) THE RIGHT TO RECEIVE PAY UNDER §§ 3–1803 AND 3–1804 OF 30 HOUSE BILL 349 7
THIS SUBTITLE; 1
(2) A STATEMENT THAT RET ALIATION AGAINST EMP LOYEES WHO 2
EXERCISE THEIR RIGHT S UNDER THIS SUBTITL E IS PROHIBITED; AND 3
(3) A STATEMENT THAT EAC H EMPLOYEE HAS THE R IGHT TO FILE A 4
COMPLAINT OR BRING A CIVIL ACTION TO ENFO RCE THE EMPLOYEE ’S RIGHTS 5
UNDER THIS SUBTITLE . 6
3–1806. 7
(A) EACH EMPLOYER SHALL : 8
(1) RECORD THE WAGES PAI D TO AN EMPLOYEE UND ER §§ 3–1803 9
AND 3–1804 OF THIS SUBTITLE IN THE STATEMENT OF EAR NINGS REQU IRED BY § 10
3–504(A)(2) OF THIS TITLE; AND 11
(2) SPECIFY IN THE STATE MENT OF EARNINGS THE TOTAL AMOUNT 12
OF PAY PAID UNDER §§ 3–1803 AND 3–1804 OF THIS SUBTITLE. 13
(B) IF NECESSARY TO CARRY OUT THIS SUBTITLE , THE COMMISSIONER MAY 14
REQUIRE AN EMPLOYER TO: 15
(1) INCLUDE ADDITIONAL I NFORMATION IN THE ST ATEMENT OF 16
EARNINGS; AND 17
(2) USE ADDITIONAL MEANS TO NOTIFY THE EMPLOY ER’S 18
EMPLOYEES OF THE INF ORMATION REQUIRED TO BE INCLUDED IN THE S TATEMENT 19
OF EARNINGS UNDER SU BSECTION (A) OF THIS SECTION. 20
3–1807. 21
(A) IN ADDITION TO THE RE QUIREMENTS UNDER § 3–424 OF THIS TITLE, 22
EACH EMPLOYER SHALL KEEP , FOR AT LEAST 3 YEARS, AN ACCURATE RECORD O F: 23
(1) THE INITIAL WORK SCH EDULE OF EACH EMPLOY EE; 24
(2) THE PAY PAID TO EACH EMPLOYEE UNDER §§ 3–1803 AND 3–1804 25
OF THIS SUBTITLE; AND 26
(3) ANY SUBSEQUENT REVIS IONS TO THE INITIAL WORK SCHEDULE 27
OF EACH EMPLOYEE . 28
8 HOUSE BILL 349
(B) THE EMPLOYER SHALL : 1
(1) COMPLY WITH ANY REGU LATIONS THAT THE MARYLAND 2
DEPARTMENT OF LABOR ADOPTS REGARDING EMPLOYEE R ECORD KEEPING ; 3
(2) MAKE THE RECORDS KEPT UNDER S UBSECTION (A) OF THIS 4
SECTION AVAILABLE FO R INSPECTION BY THE COMMISSIONER TO THE S AME 5
EXTENT AND FOR THE S AME PURPOSES AS RECO RDS ARE MADE AVAILAB LE TO THE 6
COMMISSIONER UNDER § 3–425 OF THIS TITLE; AND 7
(3) ALLOW AN EMPLOYEE TO INSPECT AT ANY REASONABLE TIME AND 8
PLACE ANY RECORD KEP T UNDER SUBSECTION (A) OF THIS SECTION PERT AINING TO 9
THE EMPLOYEE . 10
(C) EACH DAY THAT AN EMPL OYER FAILS TO KEEP A RECORD, FALSIFIES A 11
RECORD, OR OTHERWISE VIOLATE S THIS SECTION SHALL CONSTITUTE A SEPARAT E 12
VIOLATION. 13
3–1808. 14
(A) IN THIS SECTION , “RETALIATE” MEANS TO ENGAGE IN A NY FORM OF 15
INTIMIDATION, THREAT, REPRISAL, HARASSMENT , DISCRIMINATION , OR ADVERSE 16
EMPLOYMENT ACTION , INCLUDING: 17
(1) DISCIPLINE; 18
(2) DISCHARGE; 19
(3) SUSPENSION; 20
(4) TRANSFER OR ASSIGNMENT TO A LOWER POSITION IN TERMS OF 21
JOB CLASSIFICATION , JOB SECURITY, OR ANY OTHER CONDITI ON OF EMPLOYMENT ; 22
(5) REDUCTION IN PAY OR HOURS ASSIGNED ; 23
(6) DENIAL OF ADDITIONAL HOURS; 24
(7) INFORMING ANOTHER EM PLOYER THAT THE EMPL OYEE HAS 25
ENGAGED IN ACTIVITIE S PROTECTED BY THIS SUBTITLE; AND 26
(8) REPORTING OR THREATE NING TO REPORT THE A CTUAL OR 27
SUSPECTED CITIZENSHI P OR IMMIGRATION STA TUS OF AN EMPLOYEE , A FORMER 28
EMPLOYEE, OR A FAMILY MEMBER OF AN EMPLOYEE OR A FORMER EMPLOYEE TO A 29 HOUSE BILL 349 9
FEDERAL, STATE, OR LOCAL AGENCY . 1
(B) A PERSON MAY NOT INTER FERE WITH, RESTRAIN, OR DENY THE 2
EXERCISE OF, OR THE ATTEMPT TO EX ERCISE, ANY RIGHT PROTECTED UNDER THIS 3
SUBTITLE. 4
(C) AN EMPLOYER MAY NOT R ETALIATE AGAINST AN EMPLOYEE BECAUSE 5
THE EMPLOYEE HAS : 6
(1) DECLINED TO WORK HOU RS NOT INCLUDED IN A N INITIAL WORK 7
SCHEDULE; OR 8
(2) EXERCISED RIGHTS PRO TECTED UNDER THIS SU BTITLE, 9
INCLUDING THE RIGHT TO: 10
(I) FILE A COMPLAINT UND ER § 3–1809 OF THIS SUBTITLE; 11
(II) INFORM ANY PERSON AB OUT THE EMPLOYER ’S ALLEGED 12
VIOLATION OF THIS SU BTITLE; 13
(III) COOPERATE WITH THE COMMISSIONER OR ATTORNEY 14
GENERAL IN AN INVESTI GATION OF AN ALLEGED VIOLATION OF THIS SU BTITLE; AND 15
(IV) INFORM AN INDIVIDUAL REGARDING TH E INDIVIDUAL’S 16
RIGHTS UNDER THIS SU BTITLE. 17
(D) THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS 18
VIOLATED THIS SECTIO N IF THE EMPLOYER TA KES AN ACTION LISTED IN 19
SUBSECTION (A) OF THIS SECTION AGAI NST AN EMPLOYEE WITH IN 90 DAYS AFTER 20
THE EMPLOYEE : 21
(1) FILES A COMPLAINT WI TH THE COMMISSIONER UNDER § 3–1809 22
OF THIS SUBTITLE ALL EGING A VIOLATION OF THIS SUBTITLE OR BRI NGS A CIVIL 23
ACTION UNDER § 3–1810 OF THIS SUBTITLE; 24
(2) INFORMS A PERSON ABO UT AN ALLEGED VIOLAT ION OF THIS 25
SUBTITLE BY THE EMPL OYER WITH THE EMPLOYER ’S KNOWLEDGE ; 26
(3) COOPERATES WITH THE COMMISSIONER OR ANOTH ER PERSON IN 27
THE INVESTIGATION OR PROSECUTION OF AN AL LEGED VIOLATION OF T HIS 28
SUBTITLE BY THE EMPL OYER; 29
(4) OPPOSES ANY POLICY , PRACTICE, OR ACT THAT IS UNLAW FUL 30 10 HOUSE BILL 349
UNDER THIS SUBTITLE; OR 1
(5) INFORMS AN INDIVIDUA L OF THE INDIVIDUAL ’S RIGHTS UNDER 2
THIS SUBTITLE WITH T HE EMPLOYER ’S KNOWLEDGE . 3
(E) THE PROTECTIONS AFFOR DED UNDER THIS SECTI ON SHALL APPLY TO 4
AN EMPLOYEE WHO MIST AKENLY, BUT IN GOOD FAITH , ALLEGES A VIOLATION OF 5
THIS SUBTITLE. 6
3–1809. 7
(A) (1) A PERSON MAY FILE A CO MPLAINT ALLEGING A V IOLATION OF 8
THIS SUBTITLE WITH T HE COMMISSIONER . 9
(2) THE COMMISSIONER SHALL KE EP CONFIDENTIAL THE IDENTITY 10
OF A PERSON THAT FIL ES A COMPLAINT UNLES S DISCLOSURE IS NECE SSARY FOR 11
THE RESOLUTION OF ANY INVESTIGATION OR IS OTHERWISE REQUIRED B Y LAW. 12
(3) IF THE COMMISSIONER NEEDS TO DISCLOSE THE IDENTIT Y OF A 13
PERSON THAT FILES A COMPLAINT, THE COMMISSIONER SHALL , TO THE EXTENT 14
PRACTICABLE , NOTIFY THE PERSON BE FORE THE DISCLOSURE IS MADE. 15
(B) (1) ON RECEIPT OF A COMPL AINT FILED UNDER SUB SECTION (A)(1) 16
OF THIS SECTION THE COMMISSIONER SHALL SE ND A LETTER TO THE E MPLOYER. 17
(2) THE LETTER SHALL : 18
(I) STATE THAT THERE IS A COMPLAINT ALLEGING A 19
VIOLATION OF THIS SU BTITLE FILED AGAIN ST THE EMPLOYER ; 20
(II) STATE THE REQUIREMEN TS OF SUBSECTION (C) OF THIS 21
SECTION; 22
(III) STATE THAT FAILURE T O COMPLY MAY RESULT IN A CIVIL 23
ACTION SEEKING DAMAG ES, COUNSEL FEES , AND OTHER LEGAL REME DIES; AND 24
(IV) INFORM THE EMPLOYER THAT RETALIATION AGAINST AN 25
EMPLOYEE FOR EXERCIS ING RIGHTS UNDER THI S SECTION IS A BASIS FOR A 26
PRIVATE RIGHT OF ACT ION SEEKING ADDITION AL MONETARY DAMAGES TO BE 27
DETERMINED BY A COUR T. 28
(C) IF AN EMPLOYER RECEIV ES A LETTER SENT UND ER SUBSECTION (B) OF 29
THIS SECTION, WITHIN 10 DAYS AFTER THE DATE OF THE LETTER , THE EMPLOYER 30 HOUSE BILL 349 11
SHALL SUBMIT TO THE COMMISSIONER : 1
(1) PROOF OF COMPLIANCE WITH THIS SUBTITLE ; OR 2
(2) AN ACTION PLAN THE E MPLOYER WILL IMPLEME NT TO CORRECT 3
ANY VIOLATION OF THI S SUBTITLE. 4
(D) IF THE COMMISSIONER DETERMINE S THAT THIS SUBTITLE HAS BEEN 5
VIOLATED, THE COMMISSIONER MAY ISSU E AN ORDER: 6
(1) REQUIRING THE EMPLOY ER TO: 7
(I) COMPLY WITH THIS SUB TITLE; AND 8
(II) PAY ANY PAY UNDER §§ 3–1803 AND 3–1804 OF THIS 9
SUBTITLE OR OTHER WAGES OWED TO EMPLOYEES UNDER TH IS SUBTITLE; 10
(2) IMPOSING A CIVIL PEN ALTY NOT TO EXCEED $500 FOR EACH 11
VIOLATION OF THIS SU BTITLE; AND 12
(3) GRANTING ANY OTHER A PPROPRIATE RELIEF , INCLUDING: 13
(I) REINSTATEMENT OF EMP LOYMENT; 14
(II) INJUNCTIVE RELIEF ; 15
(III) ACTUAL DAMAGES ; AND 16
(IV) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 17
§§ 3–1803 AND 3–1804 OF THIS SUBTITLE OR OTHER WAGES OWED TO EMPLOYEES 18
UNDER THIS SUBTITLE . 19
(E) (1) WITHIN 30 DAYS AFTER RECEIVING AN ORDER ISSUED UNDE R 20
SUBSECTION (D) OF THIS SECTION, AN EMPLOYER MAY REQU EST A DE NOVO 21
ADMINISTRATIVE HEARI NG. 22
(2) AN ADMINISTRATIVE HEA RING REQUESTED UNDER PARAGRAPH 23
(1) OF THIS SUBSECTION S HALL BE CONDUCTED IN ACCORDANCE WITH TITLE 10, 24
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 25
(3) IF AN EMPLOYER DOES NOT REQUEST A HEARING UN DER 26
PARAGRAPH (1) OF THIS SUBSECTION , THE ORDER ISSUED BY THE COMMISSIONER 27
BECOMES FINAL . 28 12 HOUSE BILL 349
(4) (I) A FINAL ORDER OF THE COMMISSIONER MAY BE A PPEALED 1
IN ACCORDANCE WITH § 10–222 OF THE STATE GOVERNMENT ARTICLE. 2
(II) IF AN EMPLOYER DOES N OT REQUEST JUDICIAL REVIEW OF 3
A FINAL ORDER WITHIN 30 DAYS AFTER THE ORDER BECOMES FINAL , THE 4
COMMISSIONER MAY FILE AN ACTION TO ENFORCE THE ORDER IN THE CIR CUIT 5
COURT FOR THE COUNTY IN WHICH THE EMPLOYE R RESIDES OR HAS A P LACE OF 6
BUSINESS. 7
(F) ON OR BEFORE FEBRUARY 1 EACH YEAR, THE COMMISSIONER SHALL 8
POST ON THE WEBSITE OF THE MARYLAND DEPARTMENT OF LABOR: 9
(1) THE NUMBER AND NATUR E OF COMPLAINTS FILE D UNDER THIS 10
SECTION; 11
(2) THE RESULTS OF ANY I NVESTIGATIONS RELATE D TO A 12
COMPLAINT; 13
(3) THE NUMBER OF ORDERS ISSUED AND PENALTIES IMPOSED 14
UNDER THIS SECTION ; AND 15
(4) THE AVERAGE TIME TAK EN FOR A COMPLAINT T O BE RESOLVED . 16
3–1810. 17
(A) (1) ANY PERSON ALLEGING A VIOLATION OF THIS SU BTITLE MAY 18
BRING AN ACTION IN A COURT OF COMPETENT JURISDICTI ON. 19
(2) AN ACTION MAY BE BROU GHT WHETHER OR NOT A COMPLAINT 20
WAS FIRST FILED WITH THE COMMISSIONER . 21
(3) AN ACTION BROUGHT UND ER THIS SUBSECTION : 22
(I) SHALL BE FILED WITHI N 3 YEARS AFTER THE PERS ON KNEW 23
OR SHOULD HAVE KNOWN OF THE ALLEGED VIOLATIO N; AND 24
(II) MAY BE BROUGHT AS A CLASS ACTION IN ACCO RDANCE 25
WITH STATE LAW. 26
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IN AN ACTION 27
UNDER SUBSECTION (A) OF THIS SECTION , IF A COURT FINDS THA T AN EMPLOYER 28
HAS VIOLATED THIS SUBTITLE, THE COURT MAY AWARD : 29 HOUSE BILL 349 13
(I) DAMAGES NOT TO EXCEE D $500 FOR EACH VIOLATION O F 1
THIS SUBTITLE; 2
(II) REINSTATEMENT OF EMP LOYMENT; 3
(III) INJUNCTIVE RELIEF ; 4
(IV) ACTUAL DAMAGES ; 5
(V) ANY PAY UNDER §§ 3–1803 AND 3–1804 OF THIS SUBTITLE 6
OR OTHER WAGES OWED TO EMPLOYEES UNDER T HIS SUBTITLE PLUS IN TEREST; 7
(VI) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 8
§§ 3–1803 AND 3–1804 OF THIS SUBTITLE OR OTHER WAGES OWED TO EMPLOYEES 9
UNDER THIS SUBTITLE ; AND 10
(VII) REASONABLE ATTORNEY ’S FEES AND OTHER COSTS . 11
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 12
PARAGRAPH , IF A COURT FINDS THA T AN EMPLOYER HAS VI OLATED § 3–1808(B) OF 13
THIS SUBTITLE OR OTH ERWISE DISCRIMINATED AGAINST AN EMPLOYEE , THE 14
COURT SHALL AWARD AC TUAL DAMAGES AND REINSTATEMENT OF EMP LOYMENT. 15
(II) A COURT IS NOT REQUIRE D TO AWARD REINSTATE MENT OF 16
EMPLOYMENT IF THE EM PLOYEE WAIVES THE RI GHT TO REINSTATEMENT . 17
(III) IF THE COURT FINDS TH AT THE EMPLOYEE HAS BEEN 18
DISCHARGED IN RETALI ATION FOR EXERCISING RIGHTS UNDER THIS SUBTITLE , FOR 19
THE PURPOSE OF CALCU LATING ACTUAL DAMAGE S REQUIRED TO BE AWA RDED 20
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PERIOD OF VIOLAT ION 21
BEGINS THE DAY THE E MPLOYEE WAS DISCHARG ED AND ENDS THE DAY BEFORE THE 22
EMPLOYEE IS REINSTAT ED OR THE DAY THE EMPLOYEE AGR EES TO WAIVE 23
REINSTATEMENT . 24
(C) IN AN ACTION BROUGHT BY A PERSON OTHER TH AN AN EMPLOYEE , ANY 25
PAY OR WAGES UNDER §§ 3–1803 AND 3–1804 OF THIS SUBTITLE OR ACTUAL 26
DAMAGES AWARDED BY T HE COURT SHALL BE PA ID TO THE EMPLOYEES TO WHOM 27
THE VIOLATION RELATES . 28
3–1811. 29
THIS SUBTITLE MAY BE CITED AS THE MARYLAND FAIR SCHEDULING ACT. 30 14 HOUSE BILL 349
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2023. 2