EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1226*
HOUSE BILL 1226
K3 4lr1785
CF SB 994
By: Delegate Foley
Introduced and read first time: February 8, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Maryland Predictable Scheduling Act 2
FOR the purpose of establishing certain requirements on food service establishments, 3
hospitality establishments, and retail establishments regarding work schedules for 4
employees, including requirements related to the provision of work schedules to 5
employees, notifications regarding changes to the schedules, and payment of wages 6
to employees whose work schedules are changed by the employer; authorizing certain 7
employees to request an adjustment in a work schedule before beginning a shift and 8
to decline to work hours that occur during a certain period; and generally relating to 9
work schedules. 10
BY repealing and reenacting, with amendments, 11
Article – Labor and Employment 12
Section 2–106(b) and 3–102(a) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Labor and Employment 17
Section 3–103(n); and 3–1801 through 3–1812 to be under the new subtitle “Subtitle 18
18. Predictable Scheduling” 19
Annotated Code of Maryland 20
(2016 Replacement Volume and 2023 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
2–106. 25
2 HOUSE BILL 1226
(b) Except as provided in subsection (c) of this section, and in addition to authority 1
to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations 2
that are necessary to carry out: 3
(1) Title 3, Subtitle 3 of this article; 4
(2) Title 3, Subtitle 5 of this article; 5
(3) Title 3, Subtitle 13 of this article; 6
(4) TITLE 3, SUBTITLE 18 OF THIS ARTICLE; 7
[(4)] (5) Title 4, Subtitle 2, Parts I through III of this article; 8
[(5)] (6) Title 5 of this article; 9
[(6)] (7) Title 6 of this article; and 10
[(7)] (8) Title 7 of this article. 11
3–102. 12
(a) In addition to any duties set forth elsewhere, the Commissioner shall: 13
(1) enforce Subtitle 2 of this title; 14
(2) carry out Subtitle 3 of this title; 15
(3) enforce Subtitle 4 of this title; 16
(4) enforce Subtitle 9 of this title; 17
(5) enforce Subtitle 16 of this title; [and] 18
(6) ENFORCE SUBTITLE 18 OF THIS TITLE; AND 19
[(6)] (7) enforce a local minimum wage law. 20
3–103. 21
(N) THE COMMISSIONER MAY COND UCT AN INVESTIGATION TO DETERMINE 22
WHETHER A PROVISION OF SUBTITLE 18 OF THIS TITLE HAS BE EN VIOLATED, ON 23
THE COMMISSIONER ’S OWN INITIATIVE OR ON RECEIPT OF A WRIT TEN COMPLAINT 24
OF AN EMPLOYEE . 25
SUBTITLE 18. PREDICTABLE SCHEDULING. 26 HOUSE BILL 1226 3
3–1801. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) (1) “EMPLOYEE” MEANS AN INDIVIDUAL WHO IS: 4
(I) PAID AN HOURLY WAGE ; 5
(II) NOT EXEMPT FROM THE MINI MUM WAGE AND OVERTIM E 6
REQUIREMENTS OF THE FEDERAL FAIR LABOR STANDARDS ACT; AND 7
(III) EMPLOYED BY AN EMPLOYER . 8
(2) “EMPLOYEE” DOES NOT INCLUDE AN INDEPENDE NT 9
CONTRACTOR . 10
(C) (1) “EMPLOYER” MEANS A PERSON THAT EMPLOY S INDIVIDUALS IN A 11
FOOD SERVICE ESTABLISHMENT , HOSPITALITY ESTABLISHMENT , OR RETAIL 12
ESTABLISHMENT . 13
(2) “EMPLOYER” INCLUDES A FRANCHISEE. 14
(D) “FOOD SERVICE ESTABLISHMENT ” MEANS AN ENTITY IN THE INDUSTRY 15
OF FOOD SERVICES AND DRINKING PLACES , AS DEFINED UNDER THE NORTH 16
AMERICAN INDUSTRY CLASSIFICATION SYSTEM, NAICS 722, OR A SIMILAR 17
DESIGNATION ADOPTED BY THE COMMISSIONER , THAT: 18
(1) EMPLOYS NOT LESS THA N 500 EMPLOYEES IN THE UNITED 19
STATES OR WORLDWIDE ; OR 20
(2) (I) IS PART OF A CHAIN O F AT LEAST 30 RESTAURANTS IN THE 21
UNITED STATES OR WORLDWIDE ; OR 22
(II) IS A FRANCHISEE. 23
(E) (1) “FRANCHISEE” MEANS A PERSON TO WH OM A FRANCHISE OF A 24
FOOD SERVICE ESTABLI SHMENT, HOSPITALITY ESTABLIS HMENT, OR RETAIL 25
ESTABLISHMENT IS GRA NTED. 26
(2) “FRANCHISEE” INCLUDES A DISTRIBUT OR, WHOLESALER , 27
JOBBER, OR RETAILER THAT IS GRANTED AUTHORITY UN DER A FRANCHISE TO U SE 28 4 HOUSE BILL 1226
A TRADEMARK , TRADE NAME , SERVICE MAR K, OR OTHER IDENTIFYING SYMBOL OR 1
NAME. 2
(F) “HOSPITALITY ESTABLISH MENT” MEANS AN ENTITY THAT IS A HOTEL, 3
MOTEL, OR CASINO HOTEL AS D EFINED UNDER THE NORTH AMERICAN INDUSTRY 4
CLASSIFICATION SYSTEM, NAICS 721110 AND 721120, OR A SIMILAR DESIGNA TION 5
ADOPTED BY THE COMMISSIONER , THAT EMPLOYS NOT LES S THAN 500 EMPLOYEES 6
IN THE UNITED STATES OR WORLDWIDE . 7
(G) “RETAIL ESTABLISHMENT ” MEANS AN ENTITY DEFINED UN DER THE 8
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, NAICS 4410 THROUGH 9
4599, OR A SIMILAR DESIGNATIO N ADOPTED BY THE COMMISSIONER THAT EMPLOYS 10
NOT LESS THAN 500 EMPLOYEES WORLDWIDE . 11
(H) “SCHEDULED WORK HOURS ” MEANS THE HOURS AN EMPLOYE E IS 12
SCHEDULED TO WORK UN DER A WORK SCHEDULE . 13
(I) “SHIFT” MEANS THE CONSECUTIVE HOURS , INCLUDING BREAKS OF 14
LESS THAN 1 HOUR, AN EMPLOYER REQUIRES AN EMPLOYEE TO WORK OR TO BE 15
AVAILABLE FOR WORK. 16
(J) “WORK SCHEDULE ” MEANS A WRITTEN NOTI CE OF AN EMPLOYEE ’S 17
SHIFTS DURING A CONS ECUTIVE 7–DAY PERIOD THAT INCL UDES THE SPECIFIC 18
START AND END TIME F OR EACH SHIFT. 19
(K) “WORK SCHEDULE CHANGE ” MEANS A MODIFICATION TO THE 20
EMPLOYEE’S WORK SCHEDULE MADE BY THE EMPLOYER , INCLUDING: 21
(1) THE ADDITION OR REDUCTIO N OF HOURS; 22
(2) THE CANCELLATION OF A PA RT OF A SHIFT; OR 23
(3) A CHANGE IN THE TIME , DATE, OR LOCATION OF A SHIFT. 24
3–1802. 25
(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 26
(1) DISCOURAGE OR PROHIB IT AN EMPLOYER FROM ADOPTING OR 27
RETAINING A POLICY THAT IS MORE BENEFICIAL TO E MPLOYEES THAN THE 28
REQUIREMENTS UNDER THIS SUBTITLE; 29
(2) DIMINISH THE OBLIGAT ION OF AN EMPLOYER TO COMPLY W ITH A 30 HOUSE BILL 1226 5
CONTRACT, A COLLECTIVE BARGAIN ING AGREEMENT , AN EMPLOYMENT BENEFI T 1
PLAN, OR ANY OTHER AGREEME NT THAT ESTABLISHES POLICIES THAT ARE MO RE 2
BENEFICIAL TO AN EMP LOYEE THAN THE REQUI REMENTS OF THIS SUBT ITLE; OR 3
(3) PREEMPT, LIMIT, OR OTHERWISE AFFECT THE APPLICABILITY OF 4
ANY OTHER LAW , POLICY, OR STANDARD ESTABLIS HING SCHEDULING POLI CIES 5
THAT PROVIDE ADDITIO NAL RIGHTS OR EXTEND OTHER PROTECTIONS TO 6
EMPLOYEES BEYOND THO SE PROVIDED UNDER TH IS SUBTITLE. 7
(B) FOR PURPOSES OF ENFOR CING THIS SUBTITLE, AN EMPLOYER SHALL 8
BEAR THE BURDEN OF P ROOF THAT AN INDIVID UAL IS AN INDEPENDEN T 9
CONTRACTOR AND NOT A N EMPLOYEE OF THE EM PLOYER. 10
3–1803. 11
(A) (1) AN EMPLOYER SHALL PRO VIDE A NEW EMPLOYEE WITH THE 12
EMPLOYEE’S FIRST WORK SCHEDUL E NOT LATER THA N THE DATE OF THE 13
EMPLOYEE’S FIRST SHIFT. 14
(2) THE WORK SCHEDULE PRO VIDED UNDER PARAGRAP H (1) OF THIS 15
SUBSECTION SHALL COV ER THE CONSECUTIVE 7–DAY PERIOD BEGINNING WITH THE 16
DATE OF THE FIRST SH IFT. 17
(B) (1) AT LEAST 14 DAYS BEFORE THE START OF ANY 7–DAY WORK 18
SCHEDULE, AN EMPLOYER SHALL CONSPICUOUSLY DISPLAY THE WORK SCHEDULE 19
AT EACH EMPLOYEE ’S WORK SITE AND DISTRI BUTE THE WORK SCHEDULE TO EACH 20
EMPLOYEE. 21
(2) A WORK SCHEDULE SHALL LIST ALL CURRENT EMP LOYEES AT A 22
RESPECTIVE WORK SITE . 23
(C) (1) AN EMPLOYER SHALL : 24
(I) NOTIFY AN EMPLOYEE IN WRITING ABOUT A WORK 25
SCHEDULE CHANGE AS SOON AS PRACTICAB LE BEFORE THE CHANGE TAKES 26
EFFECT; AND 27
(II) POST A REVISED WORK SCHEDULE THAT REFLECTS THE 28
CHANGE WITHIN 24 HOURS AFTER THE CHANGE IS MAD E. 29
(2) AN EMPLOYEE MAY DECLINE TO WORK HOURS NOT IN CLUDED IN 30
AN ORIGINAL WORK SCHEDULE OR IN A SUBSEQUENTLY RE VISED SCHEDULE . 31
6 HOUSE BILL 1226
(3) IF AN EMPLOYEE CONSENTS TO WORK HOURS NOT INCLUDED IN 1
AN ORIGINAL SCHEDULE OR IN A SUBSEQUENTLY REVISED SCHEDULE , THE 2
EMPLOYEE SHALL PROVIDE THE CONSENT IN WRITING. 3
(D) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 4
BEFORE BEGINNING A S HIFT, AN EMPLOYEE MAY SUBM IT TO AN EMPLOYER AN 5
ORAL, WRITTEN, OR ELECTRONIC REQUES T TO ADJUST THE EMPL OYEE’S WORK 6
SCHEDULE. 7
(II) A REQUEST MADE UNDER SUBPARAGR APH (I) OF THIS 8
PARAGRAPH MAY INCLUD E A REQUEST FOR THE EMPLOYER TO : 9
1. SCHEDULE OR REFRAIN FROM SCHEDULING THE 10
EMPLOYEE FOR WORK SH IFTS DURING SPECIFIC DAYS OR TIMES OR AT SPECIFIC 11
LOCATIONS; 12
2. SCHEDULE THE EMPLOYEE FOR MOR E OR FEWER 13
HOURS; OR 14
3. SCHEDULE THE EMPLOYE E CONSISTENTLY FOR A 15
SPECIFIC OR MINIMUM NUMBER OF WEEKLY WOR K HOURS. 16
(2) ON RECEIPT OF A REQUEST TO ADJUST AN EMPLOYEE’S WORK 17
SCHEDULE, AN EMPLOYER : 18
(I) SHALL ENGAGE WITH THE EMPLOYEE IN AN INTERACTI VE 19
PROCESS TO DISCUSS T HE EMPLOYEE ’S REQUEST; AND 20
(II) MAY GRANT OR DENY THE EM PLOYEE’S REQUEST FOR ANY 21
LAWFUL AND BONA FIDE BUSINESS R EASON. 22
3–1804. 23
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION , 24
AN EMPLOYER SHALL PA Y AN EMPLOYEE 1 HOUR AT THE EMPLOYEE ’S REGULAR 25
RATE OF PAY FOR EACH TIME THAT THE EMPLOY ER, AFTER THE WORK SCHED ULE 26
WAS PROVIDED UNDER § 3–1803(B)(1) OF THIS SUBTITLE: 27
(1) ADDS 1 OR MORE HOURS OF WOR K TO THE EMPLOYEE ’S WORK 28
SCHEDULE; OR 29
(2) WITHOUT A REDU CTION OF HOURS OF WO RK, CHANGES THE DATE , 30
TIME, OR LOCATION OF A SHI FT. 31 HOUSE BILL 1226 7
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , AN 1
EMPLOYER SHALL PAY T HE EMPLOYEE 50% OF THE EMPLOYEE ’S REGULAR RATE OF 2
PAY FOR ALL SCHEDULE D WORK HOURS THE EMP LOYEE DOES NOT WORK DUE TO 3
THE EMPLOYER CANCELI NG OR REDUCING THE E MPLOYEE’S WORK HOURS : 4
(1) AFTER THE WORK SCHED ULE WAS PROVIDED UND ER § 5
3–1803(B)(1) OF THIS SUBTITLE; OR 6
(2) AFTER THE EMPLOYEE R EPORTS TO WORK FOR T HE EMPLOYEE’S 7
SHIFT. 8
(C) AN EMPLOYER IS NOT RE QUIRED TO PAY THE WA GES REQUIRED UNDER 9
SUBSECTION (A) OR (B) OF THIS SECTION IF T HE CHANGE TO AN EMPL OYEE’S SHIFT 10
OR SCHEDULED WORK HOURS : 11
(1) WAS MADE AT THE WRITTEN REQUEST OF THE EMPLO YEE, 12
INCLUDING A REQUEST TO: 13
(I) WORK SPECIFIC HOURS OTHER TH AN THOSE SCHEDULED B Y 14
THE EMPLOYER ; OR 15
(II) USE SICK LEAVE , VACATION LEAVE , PERSONAL DAYS , OR 16
OTHER LEAVE OFFERED BY THE EMPLOYER ; 17
(2) IS THE RESULT OF A V OLUNTARY, MUTUALLY AGREED –ON SHIFT 18
TRADE AMONG EMPLOYEE S; OR 19
(3) IS DUE TO THE EMPLOYER BEING UNABL E TO BEGIN OR CONTIN UE 20
OPERATIONS DUE TO : 21
(I) THE UTILITIES AT THE WORK LOCATION NOT WO RKING; 22
(II) THE SHUTDOWN OF PUBL IC TRANSPORTATION ; 23
(III) A NATURAL DISASTER , INCLUDING A FIRE OR FLOOD; OR 24
(IV) AN EMERGENCY DECLARATIO N ISSUED BY THE PRESIDENT 25
OF THE UNITED STATES OR THE GOVERNOR. 26
3–1805. 27
(A) AN EMPLOYEE HAS THE R IGHT TO DECLINE TO W ORK A SHIFT THAT: 28 8 HOUSE BILL 1226
(1) BEGINS LESS THAN 11 HOURS AFTER THE END OF A SHIFT 1
PREVIOUSLY WORKED BY THE EMPLOYEE ; OR 2
(2) IS DURING THE 11–HOUR PERIOD IMMEDIAT ELY FOLLOWING THE 3
END OF A SHIFT THAT SPANS MORE THAN 1 DAY. 4
(B) IF AN EMPLOYEE AGREES IN WRITING TO WORK H OURS THAT OCCUR 5
DURING A PERIOD DESCRIBED U NDER SUBSECTION (A) OF THIS SECTION , THE 6
EMPLOYER SHALL PAY THE EMPLOYEE 1.5 TIMES THE EMPLOYEE ’S REGULAR RATE 7
OF PAY FOR THE HOURS WORKED. 8
3–1806. 9
(A) AN EMPLOYER SHALL GIV E EMPLOYEES NOTICE O F THEIR RIGHTS 10
UNDER THIS SUBTITLE BY: 11
(1) (I) CONSPICUOUSLY POSTING NOTICES IN ENGLISH AND 12
SPANISH AT A LOCATION AT THE WORK SITE THAT I S READILY ACCESSIBLE TO ALL 13
EMPLOYEES; OR 14
(II) IF THE POSTING OF A NOTICE UNDER ITEM (I) OF THIS ITEM 15
IS NOT PRACTICABLE , PROVIDING THE NOTICE ON AN IND IVIDUAL BASIS IN A 16
PHYSICAL FORM OR IN A REASONABLY ACCESSI BLE ELECTRONIC FORMA T; AND 17
(2) PROVIDING WRITTEN NO TICE TO A NEW EMPLOY EE OF THE 18
EMPLOYEE’S RIGHTS AND THE PRO TECTIONS OF THIS SUB TITLE NOT LATER THAN 19
THE DATE OF THE FIRST SHIFT WORK ED BY THE EMPLOYEE. 20
(B) THE NOTICES REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 21
SHALL INCLUDE: 22
(1) THE RIGHT TO RECEIVE PAY UNDER §§ 3–1804 AND 3–1805 OF 23
THIS SUBTITLE; 24
(2) A STATEMENT THAT RET ALIATION AGAINST EMP LOYEES WHO 25
EXERCISE THEIR RIGHT S UNDER THIS SUBTITL E IS PROHIBITED; AND 26
(3) A STATEMENT THAT EAC H EMPLOYEE HAS THE R IGHT TO FILE A 27
COMPLAINT OR BRING A CIVIL ACTION TO ENFO RCE THE EMPLOYEE ’S RIGHTS 28
UNDER THIS SUBTITLE . 29
(C) THE COMMISSIONER SHALL DE VELOP AND MAKE AVAIL ABLE ONLINE 30 HOUSE BILL 1226 9
MODEL WRITTEN NOTICE S THAT EMPLOYERS MAY U SE TO COMPLY WITH THIS 1
SECTION. 2
3–1807. 3
(A) EACH EMPLOYER SHALL : 4
(1) RECORD THE WAGES PAI D TO AN EMPLOYEE UND ER §§ 3–1804 5
AND 3–1805 OF THIS SUBTITLE IN THE STATEMENT OF EAR NINGS REQUIRED BY § 6
3–504(A)(2) OF THIS TITLE; AND 7
(2) SPECIFY IN THE STATE MENT OF EARNINGS THE TOTAL AMOUNT 8
OF PAY PAID UNDE R §§ 3–1804 AND 3–1805 OF THIS SUBTITLE. 9
(B) IF NECESSARY TO CARRY OUT THIS SUBTITLE , THE COMMISSIONER MAY 10
REQUIRE AN EMPLOYER TO: 11
(1) INCLUDE ADDITIONAL I NFORMATION IN THE ST ATEMENT OF 12
EARNINGS; AND 13
(2) USE ADDITIONAL MEANS TO NOTIFY THE EMPLOYER’S 14
EMPLOYEES OF THE INF ORMATION REQUIRED TO BE INCLUDED IN THE S TATEMENT 15
OF EARNINGS UNDER SU BSECTION (A) OF THIS SECTION. 16
3–1808. 17
(A) IN ADDITION TO THE REQU IREMENTS UNDER § 3–424 OF THIS TITLE, 18
EACH EMPLOYER SHALL KEEP, FOR AT LEAST 3 YEARS, AN ACCURATE RECORD OF : 19
(1) THE WORK SCHEDULE OF EACH EMPLOYEE ; 20
(2) THE SHIFTS WORKED EA CH DAY AND WEEK BY E ACH EMPLOYEE ; 21
(3) THE PAY PAID TO EACH EMPLOYEE UNDER §§ 3–1804 AND 3–1805 22
OF THIS SUBTITLE; AND 23
(4) ANY SUBSEQUENT REVIS IONS TO THE WORK SCHEDULE OF EACH 24
EMPLOYEE. 25
(B) THE EMPLOYER SHALL : 26
(1) COMPLY WITH ANY REGU LATIONS THAT THE MARYLAND 27
DEPARTMENT OF LABOR ADOPTS REGARDIN G EMPLOYEE RECORD KE EPING; 28 10 HOUSE BILL 1226
(2) 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
(3) 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
3–1809. 8
(A) AN EMPLOYER MAY NOT E NGAGE IN ANY FORM OF INTIMIDATION, 9
THREAT, REPRISAL, HARASSMENT , DISCRIMINATION , OR ADVERSE EMPLOYMEN T 10
ACTION BECAUSE AN EMPLOYEE EXERCISES RIGHTS PROTECTED UND ER THIS 11
SUBTITLE. 12
(B) THE PROTECTIONS AFFOR DED UNDER THIS SECTI ON SHALL APPLY TO 13
AN EMPLOYEE WHO MIST AKENLY, BUT IN GOOD FAITH , ALLEGES A VIOLATION OF 14
THIS SUBTITLE. 15
3–1810. 16
(A) (1) A PERSON MAY FILE A CO MPLAINT ALLEGING A V IOLATION OF 17
THIS SUBTITLE WITH T HE COMMISSIONER . 18
(2) THE COMMISSIONER SHALL KE EP CONFIDENTIAL THE IDENTITY 19
OF A PERSON THAT FIL ES A COMPLAINT UNLES S DISCLOSURE IS NECE SSARY FOR 20
THE RESOLUTION OF AN Y INVESTIGATION OR I S OTHERWISE REQUIRED BY LAW. 21
(3) IF THE COMMISSIONER NEEDS TO DISCLOSE THE IDENTIT Y OF A 22
PERSON THAT FILES A COMPLAINT, THE COMMISSIONER SHALL , TO THE EXTENT 23
PRACTICABLE , NOTIFY THE PERSON BE FORE THE DISCLOSURE IS MADE. 24
(B) (1) ON RECEIPT OF A COMPL AINT FILED UNDER SUB SECTION (A)(1) 25
OF THIS SECTION, THE COMMISSIONE R SHALL SEND A LETTE R TO THE EMPLOYER . 26
(2) THE LETTER SHALL : 27
(I) STATE THAT THERE IS A COMPLAINT ALLEGING A 28
VIOLATION OF THIS SU BTITLE FILED AGAINST THE EMPLOYER ; 29
(II) STATE THE REQUIREMEN TS OF SUBSECTION (C) OF THIS 30 HOUSE BILL 1226 11
SECTION; 1
(III) STATE THAT FAILURE TO COMPLY MAY RESULT IN A CIVI L 2
ACTION SEEKING DAMAG ES, COUNSEL FEES , AND OTHER LEGAL REME DIES; AND 3
(IV) INFORM THE EMPLOYER THAT RETALIATION AGA INST AN 4
EMPLOYEE FOR EXERCIS ING RIGHTS UNDER THI S SECTION IS A BASIS FOR A 5
PRIVATE RIGHT OF ACT ION SEEKING ADDITIONAL MONETARY DAMAGES TO BE 6
DETERMINED BY A COUR T. 7
(C) IF AN EMPLOYER RECEIV ES A LETTER SENT UND ER SUBSECTION (B) OF 8
THIS SECTION, WITHIN 10 DAYS AFTER THE DATE OF THE LETTER , THE EMPLOYER 9
SHALL SUBMIT TO THE COMMISSIONER : 10
(1) PROOF OF COMPLIANCE WITH THIS SUBTITLE ; OR 11
(2) AN ACTION PLAN THE E MPLOYER WILL IMPLEME NT TO CORRECT 12
ANY VIOLATION OF THI S SUBTITLE. 13
(D) IF THE COMMISSIONER DETERMIN ES THAT THIS SUBTITL E HAS BEEN 14
VIOLATED, THE COMMISSIONER MAY ISSU E AN ORDER: 15
(1) REQUIRING THE EMPLOY ER TO: 16
(I) COMPLY WITH THIS SUB TITLE; AND 17
(II) PAY ANY PAY UNDER §§ 3–1804 AND 3–1805 OF THIS 18
SUBTITLE OR OTHER WA GES OWED TO EMPLOYEE S UNDER THIS SUBTITL E; 19
(2) IMPOSING A CIVIL PEN ALTY NOT TO EXCEED : 20
(I) $200 FOR EACH VIOLATION OF § 3–1803(A) THROUGH (C) OF 21
THIS SUBTITLE; 22
(II) $300 FOR EACH VIOLATION O F §§ 3–1804 AND 3–1805 OF 23
THIS SUBTITLE; AND 24
(III) $500 FOR EACH VIOLATION O F §§ 3–1806 THROUGH 3–1809 25
OF THIS SUBTITLE; AND 26
(3) GRANTING ANY OTHER A PPROPRIATE RELIEF, INCLUDING: 27
(I) REINSTATEMENT OF EMP LOYMENT; 28 12 HOUSE BILL 1226
(II) INJUNCTIVE RELIEF ; 1
(III) ACTUAL DAMAGES ; AND 2
(IV) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 3
§§ 3–1804 AND 3–1805 OF THIS SUBTITLE OR OTHER WAGES OWED TO EMPLOYEES 4
UNDER THIS SUBTITLE. 5
(E) FOR ANY RELIEF ORDERED UNDER SUBSECTION (D)(2)(I) AND (II) OF 6
THIS SECTION, THE RELIEF SHALL BE IMPOSED FOR EACH EMP LOYEE AFFECTED BY 7
THE VIOLATION DURING EACH PAY PERIOD THE VIOLATION CONTINUED . 8
(F) (1) WITHIN 30 DAYS AFTER RECEIVING AN ORDER ISSUED UNDE R 9
SUBSECTION (D) OF THIS SECTION , AN EMPLOYER MAY REQU EST A DE NOVO 10
ADMINISTRATIVE HEARI NG. 11
(2) AN ADMINISTRATIVE HEA RING REQUESTED UNDER PARAGRAPH 12
(1) OF THIS SUBSECTION S HALL BE CONDUCTED IN ACCORDANC E WITH TITLE 10, 13
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 14
(3) IF AN EMPLOYER DOES N OT REQUEST A HEARING UNDER 15
PARAGRAPH (1) OF THIS SUBSECTION , THE ORDER ISSUED BY THE COMMISSIONER 16
BECOMES FINAL . 17
(4) (I) A FINAL ORDER OF THE COMMISSIONER MAY BE APPEALED 18
IN ACCORDANCE WITH § 10–222 OF THE STATE GOVERNMENT ARTICLE. 19
(II) IF AN EMPLOYER DOES N OT REQUEST JUDICIAL REVIEW OF 20
A FINAL ORDER WITHIN 30 DAYS AFTER THE ORDER BECOMES FINAL , THE 21
COMMISSIONER MAY FILE AN ACTION TO ENFORCE THE ORDER IN THE CI RCUIT 22
COURT FOR THE COUNTY IN WHICH THE EMPLOYE R RESIDES OR HAS A P LACE OF 23
BUSINESS. 24
(G) ON OR BEFORE FEBRUARY 1 EACH YEAR, THE COMMISSIONER SHALL 25
POST ON THE WEBSITE OF THE MARYLAND DEPARTMENT OF LABOR: 26
(1) THE NUMBER AND NATUR E OF COMPLAINTS FILE D UNDER THIS 27
SECTION; 28
(2) THE RESULTS OF ANY I NVESTIGATIONS RELATE D TO A 29
COMPLAINT; 30
HOUSE BILL 1226 13
(3) THE NUMBER OF ORDERS ISSUED AND PENALTIES IMPOSED 1
UNDER THIS SECTION ; AND 2
(4) THE AVERAGE TIME TAK EN FOR A COMPLAINT T O BE RESOLVED . 3
3–1811. 4
(A) (1) ANY CURRENT OR FORMER EMPLOYEE ALLEGING A VIOLATION OF 5
THIS SUBTITLE MAY BR ING AN ACTION IN A C OURT OF COMPETENT JU RISDICTION. 6
(2) AN ACTION MAY BE BROU GHT WHETHER OR NOT A COMPLAINT 7
WAS FIRST FILED WITH THE COMMISSIONER . 8
(3) AN ACTION BROUGHT UND ER THIS SUBSE CTION SHALL BE FILED 9
WITHIN 3 YEARS AFTER THE CURRENT OR FORMER EM PLOYEE KNEW OR SHOULD 10
HAVE KNOWN OF THE AL LEGED VIOLATION . 11
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IN AN ACTION 12
UNDER SUBSECTION (A) OF THIS SECTION , IF A COURT FINDS THA T AN EMPLOYER 13
HAS VIOLATED THIS SU BTITLE, THE COURT MAY : 14
(I) ISSUE AN ORDER REQUI RING THE EMPLOYER TO COMPLY 15
WITH THIS SUBTITLE ; AND 16
(II) AWARD: 17
1. REINSTATEMENT OF EMP LOYMENT; 18
2. INJUNCTIVE RELIEF ; 19
3. ACTUAL DAMAGES ; 20
4. ANY PAY UNDER §§ 3–1804 AND 3–1805 OF THIS 21
SUBTITLE OR OTHER WA GES OWED TO EMPLOYEE S UNDER THIS SUBTITL E PLUS 22
INTEREST; 23
5. AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY 24
UNDER §§ 3–1804 AND 3–1805 OF THIS SUBTITLE OR OTHER WAGES OWED TO 25
EMPLOYEES UNDER THIS SUBTITLE; AND 26
6. REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 27
(2) THE RELIEF AUTHORIZED UNDER PARAGRAPH (1) OF THIS 28 14 HOUSE BILL 1226
SUBSECTION SHALL BE IMPOSED ON A PER –EMPLOYEE AND PER –INSTANCE BASIS 1
FOR EACH VIOLATION . 2
3–1812. 3
THIS SUBTITLE MAY BE CITED AS THE MARYLAND PREDICTABLE 4
SCHEDULING ACT. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2024. 7