EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 994
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By: Senator Benson
Introduced and read first time: February 2, 2024
Assigned to: Finance
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 SENATE BILL 994
(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 BEEN 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 SENATE BILL 994 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 MINIMUM WAGE AND OVE RTIME 6
REQUIREMENTS OF THE FEDERAL FAIR LABOR STANDARDS ACT; AND 7
(III) EMPLOYED BY AN EMPLO YER. 8
(2) “EMPLOYEE” DOES NOT INCLUDE AN INDEPENDE NT 9
CONTRACTOR . 10
(C) (1) “EMPLOYER” MEANS A PERSON THAT EMPLOYS INDIVIDUALS IN A 11
FOOD SERVICE ESTABLI SHMENT, HOSPITALITY ESTABLIS HMENT, OR RETAIL 12
ESTABLISHMENT . 13
(2) “EMPLOYER” INCLUDES A FRANCHISE E. 14
(D) “FOOD SERVICE ESTABLIS HMENT” MEANS AN ENTITY IN T HE 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 THAN 500 EMPLOYEES IN THE UNITED 19
STATES OR WORLDWIDE ; AND 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 SER VICE ESTABLISHMENT , 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 SENATE BILL 994
A TRADEMARK , TRADE NAME , SERVICE MARK , 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) “ON–CALL SHIFT” MEANS TIME THAT AN E MPLOYER REQUIRES AN 8
EMPLOYEE TO BE AVAIL ABLE TO WORK AND TO CONTACT THE EMPLOYER OR THE 9
EMPLOYER’S DESIGNEE, OR TO WAIT TO BE CONTACTED BY THE EMP LOYER OR THE 10
EMPLOYER’S DESIGNEE, WITHIN 24 HOURS BEFORE THE STA RT OF A POTENTIAL 11
SHIFT TO DETERMINE W HETHER THE EMPLOYEE MUST REPORT TO WORK . 12
(H) “RETAIL ESTABLISHMENT ” MEANS AN ENTITY DEFI NED UNDER THE 13
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM, NAICS 4410 THROUGH 14
4599, OR A SIMILAR DESIGNA TION ADOPTED BY THE COMMISSIONER THAT EMP LOYS 15
NOT LESS THAN 500 EMPLOYEES WORLDWIDE . 16
(I) “SCHEDULED WORK HOURS ” MEANS THE HOURS AN E MPLOYEE IS 17
SCHEDULED TO WORK UN DER A WORK SCHEDULE . 18
(J) “SHIFT” MEANS THE CONSECUTIV E HOURS, INCLUDING BREAKS OF 19
LESS THAN 1 HOUR, AN EMPLOYER REQUIRES AN EMPLOYEE TO WORK OR TO BE 20
AVAILABLE FOR WORK . 21
(K) “WORK SCHEDULE ” MEANS A WRITTEN NOTI CE OF AN EMPLOYEE ’S 22
REGULAR AND ON –CALL SHIFTS DURING A CONSECUTIVE 7–DAY PERIOD THAT 23
INCLUDES THE SPECIFI C START AND END TIME FOR EACH SHIFT . 24
(L) “WORK SCHEDULE CHANGE ” MEANS A MODIFICATION TO THE 25
EMPLOYEE’S WORK SCHEDULE MADE BY THE EMPLOYER , INCLUDING: 26
(1) THE ADDITION OR REDU CTION OF HOURS ; 27
(2) THE CANCELLATION OF A PART OF A SHIFT; 28
(3) A CHANGE IN THE TIME , DATE, OR LOCATION OF A SHI FT; OR 29
(4) THE SCHEDULING OF AN EMPLOYEE FOR AN ON –CALL SHIFT FOR 30
WHICH THE EMPLOYEE D OES NOT NEED TO REPO RT TO WORK. 31
SENATE BILL 994 5
3–1802. 1
(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO : 2
(1) DISCOURAGE OR PROHIB IT AN EMPLOYER FROM ADOPTING OR 3
RETAINING A POLICY T HAT IS MORE BENEFICI AL TO EMPLOYEES THAN THE 4
REQUIREMENTS UNDER T HIS SUBTITLE; 5
(2) DIMINISH THE OBLIGAT ION OF AN EMPLOYER T O COMPLY WITH A 6
CONTRACT, A COLLECTIVE BARGAIN ING AGREEME NT, AN EMPLOYMENT BENEFI T 7
PLAN, OR ANY OTHER AGREEME NT THAT ESTABLISHES POLICIES THAT ARE MO RE 8
BENEFICIAL TO AN EMP LOYEE THAN THE REQUI REMENTS OF THIS SUBT ITLE; OR 9
(3) PREEMPT, LIMIT, OR OTHERWISE AFFECT THE APPLICABILITY OF 10
ANY OTHER LAW , POLICY, OR STANDARD ESTABLISHING SCHEDULING POLICIES 11
THAT PROVIDE ADDITIO NAL RIGHTS OR EXTEND OTHER PROTECTIONS TO 12
EMPLOYEES BEYOND THO SE PROVIDED UNDER TH IS SUBTITLE. 13
(B) FOR PURPOSES OF ENFOR CING THIS SUBTITLE , AN EMPLOYER SHALL 14
BEAR THE BURDEN OF P ROOF THAT AN IND IVIDUAL IS AN INDEPE NDENT 15
CONTRACTOR AND NOT A N EMPLOYEE OF THE EM PLOYER. 16
3–1803. 17
(A) (1) AN EMPLOYER SHALL PRO VIDE A NEW EMPLOYEE WITH THE 18
EMPLOYEE’S FIRST WORK SCHEDUL E NOT LATER THAN THE DATE OF THE 19
EMPLOYEE’S FIRST SHIFT. 20
(2) THE WORK SCHEDULE PR OVIDED UNDER PARAGRA PH (1) OF THIS 21
SUBSECTION SHALL COV ER THE CONSECUTIVE 7–DAY PERIOD BEGINNING WITH THE 22
DATE OF THE FIRST SH IFT. 23
(B) (1) AT LEAST 14 DAYS BEFORE THE STAR T OF ANY 7–DAY WORK 24
SCHEDULE, AN EMPLOYER SHALL CO NSPICUOUSLY DISPLAY THE WORK SCHE DULE 25
AT EACH EMPLOYEE ’S WORK SITE AND DIST RIBUTE THE WORK SCHE DULE TO EACH 26
EMPLOYEE. 27
(2) A WORK SCHEDULE SHALL LIST ALL CURRENT EMP LOYEES AT A 28
RESPECTIVE WORK SITE . 29
(3) AN EMPLOYER MAY PROVI DE THE WORK SCHEDULE UNDER 30
PARAGRAPH (1) OF THIS SUBSECTION TO AN EMPLOYEE BY EL ECTRONIC MEANS 31
ONLY IF THE ELECTRON IC MEANS ARE REGULAR LY USED TO COMMUNICA TE 32 6 SENATE BILL 994
SCHEDULING INFORMATI ON TO THE EMPLOYEE . 1
(C) (1) AN EMPLOYER SHALL : 2
(I) NOTIFY AN EMPLOYEE I N WRITING ABOUT A WO RK 3
SCHEDULE CHANGE AS S OON AS PRACTICABL E BEFORE THE CHANGE TAKES 4
EFFECT; AND 5
(II) POST A REVISED WORK SCHEDULE THAT REFLEC TS THE 6
CHANGE WITHIN 24 HOURS AFTER THE CHAN GE IS MADE. 7
(2) AN EMPLOYEE MAY DECLI NE TO WORK HOURS NOT INCLUDED IN 8
AN ORIGINAL WORK SCH EDULE OR IN A SUBSEQ UENTLY REVIS ED SCHEDULE . 9
(3) IF AN EMPLOYEE CONSEN TS TO WORK HOURS NOT INCLUDED IN 10
AN ORIGINAL SCHEDULE OR IN A SUBSEQUENTLY REVISED SCHEDULE , THE 11
EMPLOYEE SHALL PROVI DE THE CONSENT IN WR ITING. 12
(D) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , 13
BEFORE BE GINNING A SHIFT , AN EMPLOYEE MAY SUBM IT TO AN EMPLOYER AN 14
ORAL, WRITTEN, OR ELECTRONIC REQUES T TO ADJUST THE EMPL OYEE’S WORK 15
SCHEDULE. 16
(II) A REQUEST MADE UNDER S UBPARAGRAPH (I) OF THIS 17
PARAGRAPH MAY INCLUD E A REQUEST FOR THE EMPLOYER TO : 18
1. SCHEDULE OR REFRAIN FROM SCHEDULING THE 19
EMPLOYEE FOR WORK SH IFTS DURING SPECIFIC DAYS OR TIMES OR AT SPECIFIC 20
LOCATIONS; 21
2. SCHEDULE THE EMPLOYE E FOR MORE OR FEWER 22
HOURS; OR 23
3. SCHEDULE THE EMPLOYE E CONSISTENTLY FOR A 24
SPECIFIC OR MINIMUM NUMBER OF WEEKLY WORK HOURS . 25
(2) ON RECEIPT OF A REQUE ST TO ADJUST AN EMPL OYEE’S WORK 26
SCHEDULE, AN EMPLOYER : 27
(I) SHALL ENGAGE WITH TH E EMPLOYEE IN AN INT ERACTIVE 28
PROCESS TO DISCUSS T HE EMPLOYEE ’S REQUEST; AND 29
(II) MAY GRANT OR DENY TH E EMPLOYEE’S REQUEST FOR ANY 30 SENATE BILL 994 7
LAWFUL AND BONA FIDE BUSINESS REASON . 1
3–1804. 2
(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION , 3
AN EMPLOYER SHALL PA Y AN EMPLOYEE 1 HOUR AT THE EMPLOYEE ’S REGULAR 4
RATE OF PAY FOR EACH TIME THAT THE EMPLOY ER, AFTER THE WORK SCHED ULE 5
WAS PROVIDED UNDER § 3–1803(B)(1) OF THIS SUBTITLE: 6
(1) ADDS 1 OR MORE HOURS OF WOR K TO THE EMPLOYEE ’S WORK 7
SCHEDULE; OR 8
(2) WITHOUT A REDUCTION OF HOURS OF WORK , CHANGES THE DATE , 9
TIME, OR LOCATION OF A SHI FT. 10
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , AN 11
EMPLOYER SHALL PAY T HE EMPLOYEE 50% OF THE EMPLOYEE ’S REGULAR RATE OF 12
PAY FOR ALL SCHEDULE D WORK HOURS THE EMP LOYEE DOES NOT WORK DUE TO 13
THE EMPLOYER CANCELI NG OR REDUCING THE E MPLOYEE’S WORK HOURS : 14
(1) AFTER THE WORK SCHED ULE WAS PROVIDED UNDER § 15
3–1803(B)(1) OF THIS SUBTITLE; OR 16
(2) AFTER THE EMPLOYEE R EPORTS TO WORK FOR T HE EMPLOYEE ’S 17
SHIFT. 18
(C) AN EMPLOYER IS NOT RE QUIRED TO PAY THE WA GES REQUIRED UNDER 19
SUBSECTION (A) OR (B) OF THIS SECTION IF T HE CHANGE TO AN EMPL OYEE’S SHIFT 20
OR SCHEDULED WORK HO URS: 21
(1) WAS MADE AT THE WRIT TEN REQUEST OF THE E MPLOYEE, 22
INCLUDING A REQUEST TO: 23
(I) WORK SPECIFIC HOURS OTHER THAN THOSE SCH EDULED BY 24
THE EMPLOYER ; OR 25
(II) USE SICK LEAVE , VACATION LEAVE , PERSONAL DAYS , OR 26
OTHER LEAVE OFFERED BY THE EMPLOYER; 27
(2) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION, IS THE RESULT OF 28
A VOLUNTARY , MUTUALLY AGREED –ON SHIFT TRADE AMONG EMPLOYEES; OR 29
(3) IS DUE TO THE EMPLOY ER BEING UNABLE TO B EGIN OR CONTINUE 30 8 SENATE BILL 994
OPERATIONS DUE TO : 1
(I) THE UTILITIES AT THE WOR K LOCATION NOT WORKI NG; 2
(II) THE SHUTDOWN OF PUBL IC TRANSPORTATION ; 3
(III) A NATURAL DISASTER , INCLUDING A FIRE OR FLOOD; OR 4
(IV) AN EMERGENCY DECLARA TION ISSUED BY THE PRESIDENT 5
OF THE UNITED STATES OR THE GOVERNOR. 6
(D) (1) FOR THE PURPOSES OF S UBSECTION (C) OF THIS SECTION , A 7
SHIFT TRADE INCLUDES AN INSTANCE IN WHICH THE EMPLOYER TRANSMI TS THE 8
SHIFT TRADE OFFER TO ALL ELIGIBLE EMPLOYE ES AT THE PREVIOUSLY 9
SCHEDULED EMPLOYEE ’S REQUEST, IF THE EMPLOYER ’S TRANSMITTAL IS: 10
(I) ACCESSIBLE TO ALL EL IGIBLE EMPLOYEES IN THE FORM OF 11
A MASS COMMUNICATION ; 12
(II) TRANSMITTED ELECTRON ICALLY OR IN WRITING AT THE 13
WORK SITE; AND 14
(III) NOT COERCIVE IN ANY WAY. 15
(2) THERE IS A REBUTTABLE PRESUMPTION THAT THE PAY 16
REQUIRED UNDER SU BSECTION (A) OR (B) OF THIS SECTION IS O WED IF THE 17
EMPLOYER FAILS TO DO CUMENT CONSENT TO TH E SHIFT TRADE. 18
3–1805. 19
(A) AN EMPLOYEE HAS THE R IGHT TO DECLINE TO W ORK A SHIFT THAT : 20
(1) BEGINS LESS THAN 11 HOURS AFTER THE END OF A SHIFT 21
PREVIOUSLY WORKED BY THE EMPLOYEE ; OR 22
(2) IS DURING THE 11–HOUR PERIOD IMMEDIAT ELY FOLLOWING THE 23
END OF A SHIFT THAT SPANS MORE THAN 1 DAY. 24
(B) IF AN EMPLOYEE AGREES IN WRITING TO WORK H OURS THAT OCCUR 25
DURING A PERIOD DESC RIBED UNDER SUBSECTI ON (A) OF THIS SECTION , THE 26
EMPLOYER SHALL PAY T HE EMPLOYEE : 27
(1) 1.5 TIMES THE EMPLOYEE ’S REGULAR RATE OF PA Y FOR THE 28 SENATE BILL 994 9
HOURS WORKED ; OR 1
(2) IF THE TOTAL AMOUNT THAT WOULD BE PAID U NDER ITEM (1) OF 2
THIS SUBSECTION IS L ESS THAN THE EMPLOYE E WOULD BE PAID FOR 4 HOURS 3
WORKED AT THE EMPLOYEE’S REGULAR RATE OF PA Y, AN AMOUNT THAT IS AT LEAST 4
EQUIVALENT TO 4 HOURS PAID AT THE EM PLOYEE’S REGULAR RATE OF PA Y. 5
3–1806. 6
(A) AN EMPLOYER SHALL GIV E EMPLOYEES NOTICE O F THEIR RIGHTS 7
UNDER THIS SUBTITLE BY: 8
(1) (I) CONSPICUOUSLY POSTIN G NOTICES IN ENGLISH AND 9
SPANISH AT A LOCATION AT THE WORK SITE THA T IS READILY ACCESSI BLE TO ALL 10
EMPLOYEES; OR 11
(II) IF THE POSTING OF A NOTICE UNDER ITEM (I) OF THIS ITEM 12
IS NOT PRACTICABLE , PROVIDING THE NOTICE ON AN INDIVIDUAL BAS IS IN A 13
PHYSICAL FORM O R IN A REASONABLY AC CESSIBLE ELECTRONIC FORMAT; AND 14
(2) PROVIDING WRITTEN NO TICE TO A NEW EMPLOY EE OF THE 15
EMPLOYEE’S RIGHTS AND THE PRO TECTIONS OF THIS SUB TITLE NOT LATER THAN 16
THE DATE OF THE FIRS T SHIFT WORKED BY TH E EMPLOYEE. 17
(B) THE NOTICES REQUIRE D UNDER SUBSECTION (A) OF THIS SECTION 18
SHALL INCLUDE : 19
(1) THE RIGHT TO RECEIVE PAY UNDER §§ 3–1804 AND 3–1805 OF 20
THIS SUBTITLE; 21
(2) A STATEMENT THAT RET ALIATION AGAINST EMP LOYEES WHO 22
EXERCISE THEIR RIGHT S UNDER THIS SUBTITL E IS PROHIBITED; AND 23
(3) A STATEMENT THAT EAC H EMPLOYEE HAS THE R IGHT TO FILE A 24
COMPLAINT OR BRING A CIVIL ACTION TO ENFO RCE THE EMPLOYEE ’S RIGHTS 25
UNDER THIS SUBTITLE . 26
(C) THE COMMISSIONER SHALL DE VELOP AND MAKE AVAIL ABLE ONLINE 27
MODEL WRITTEN NOTICE S THAT EMPLOYERS MAY USE TO COMPLY WITH THIS 28
SECTION. 29
3–1807. 30
10 SENATE BILL 994
(A) EACH EMPLOYER SHALL : 1
(1) RECORD THE WAGES PAI D TO AN EMPLOYEE UND ER §§ 3–1804 2
AND 3–1805 OF THIS SUBTITLE IN THE STATEMENT OF EAR NINGS REQUIRED BY § 3
3–504(A)(2) OF THIS TITLE; AND 4
(2) SPECIFY IN THE STATE MENT OF EARNINGS THE TOTA L AMOUNT 5
OF PAY PAID UNDER §§ 3–1804 AND 3–1805 OF THIS SUBTITLE. 6
(B) IF NECESSARY TO CARRY OUT THIS SUBTITLE , THE COMMISSIONER MAY 7
REQUIRE AN EMPLOYER TO: 8
(1) INCLUDE ADDITIONAL I NFORMATION IN THE ST ATEMENT OF 9
EARNINGS; AND 10
(2) USE ADDITIONAL MEANS TO NOTIFY THE EMPLOY ER’S 11
EMPLOYEES OF THE INF ORMATION REQUIRED TO BE INCLUDED IN THE S TATEMENT 12
OF EARNINGS UNDER SU BSECTION (A) OF THIS SECTION. 13
3–1808. 14
(A) UNLESS EXEMPTED BY RE GULATIONS ADOPTED BY THE 15
COMMISSIONER , IN ADDITION T O THE REQUIREMENTS U NDER § 3–424 OF THIS 16
TITLE, EACH EMPLOYER SHALL KEEP, FOR AT LEAST 3 YEARS, AN ACCURATE 17
RECORD OF: 18
(1) THE WORK SCHEDULE OF EACH EMPLOYEE ; 19
(2) THE SHIFTS WORKED EA CH DAY AND WEEK BY E ACH EMPLOYEE ; 20
(3) THE PAY PAID TO EACH EMPLOYEE UNDER §§ 3–1804 AND 3–1805 21
OF THIS SUBTITLE; AND 22
(4) ANY SUBSEQUENT REVIS IONS TO THE WORK SCH EDULE OF EACH 23
EMPLOYEE. 24
(B) THE EMPLOYER SHALL : 25
(1) COMPLY WITH ANY REGU LATIONS THAT THE MARYLAND 26
DEPARTMENT OF LABOR ADOPTS REGARDIN G EMPLOYEE RECORD KEEPING; 27
(2) MAKE THE RECORDS KEP T UNDER SUBSECTION (A) OF THIS 28
SECTION AVAILABLE FO R INSPECTION BY THE COMMISSIONER TO THE S AME 29 SENATE BILL 994 11
EXTENT AND FOR THE S AME PURPOSES AS RECO RDS ARE MADE AVAILAB LE TO THE 1
COMMISSIONER UNDER § 3–425 OF THIS TITLE; AND 2
(3) ALLOW AN EMPLOYEE TO INSPECT AT ANY REASO NABLE TIME AND 3
PLACE ANY RECORD KEP T UNDER SUBSECTION (A) OF THIS SECTION PERT AINING TO 4
THE EMPLOYEE . 5
(C) EACH DAY THAT AN EMPL OYER FAILS TO KEEP A RECORD, FALSIFIES A 6
RECORD, OR OTHERWISE VIOLATE S THIS SECTION SH ALL CONSTITUTE A SEP ARATE 7
VIOLATION. 8
3–1809. 9
(A) IN THIS SECTION , “RETALIATE” MEANS TO ENGAGE IN A NY FORM OF 10
INTIMIDATION, THREAT, REPRISAL, HARASSMENT , DISCRIMINATION , OR ADVERSE 11
EMPLOYMENT ACTION , INCLUDING: 12
(1) DISCIPLINE; 13
(2) DISCHARGE; 14
(3) SUSPENSION; 15
(4) TRANSFER OR ASSIGNME NT TO A LOWER POSITI ON IN TERMS OF 16
JOB CLASSIFICATION , JOB SECURITY, OR ANY OTHER CONDITI ON OF EMPLOYMENT ; 17
(5) REDUCTION IN PAY OR HOURS ASSIGNED ; 18
(6) DENIAL OF ADDITIONAL HOURS; 19
(7) INFORMING ANOTHER EM PLOYER THAT THE EMPLOYEE HAS 20
ENGAGED IN ACTIVITIE S PROTECTED BY THIS SUBTITLE; AND 21
(8) REPORTING OR THREATE NING TO REPORT THE A CTUAL OR 22
SUSPECTED CITIZENSHI P OR IMMIGRATION STA TUS OF AN EMPLOYEE , A FORMER 23
EMPLOYEE, OR A FAMILY MEMBER O F AN EMPLOYEE OR A FORMER EMPLOYEE TO A 24
FEDERAL, STATE, OR LOCAL AGENCY . 25
(B) A PERSON MAY NOT INTER FERE WITH, RESTRAIN, OR DENY THE 26
EXERCISE OF, OR THE ATTEMPT TO EX ERCISE, ANY RIGHT PROTECTED UNDER THIS 27
SUBTITLE. 28
(C) AN EMPLOYER MAY NOT R ETALIATE AGAINST AN EMPLOYEE BEC AUSE 29 12 SENATE BILL 994
THE EMPLOYEE HAS : 1
(1) DECLINED TO WORK HOU RS NOT INCLUDED IN A N INITIAL WORK 2
SCHEDULE; OR 3
(2) EXERCISED RIGHTS PRO TECTED UNDER THIS SU BTITLE, 4
INCLUDING THE RIGHT TO: 5
(I) FILE A COMPLAINT UND ER § 3–1810 OF THIS SUBTITLE; 6
(II) INFORM ANY P ERSON ABOUT THE EMPL OYER’S ALLEGED 7
VIOLATION OF THIS SU BTITLE; 8
(III) COOPERATE WITH THE COMMISSIONER OR THE ATTORNEY 9
GENERAL IN AN INVESTI GATION OF AN ALLEGED VIOLATION OF THIS SU BTITLE; AND 10
(IV) INFORM AN INDIVIDUAL REGARDING THE INDIVI DUAL’S 11
RIGHTS UNDER THIS SUBTIT LE. 12
(D) THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYER HAS 13
VIOLATED THIS SECTIO N IF THE EMPLOYER TA KES AN ACTION LISTED IN 14
SUBSECTION (A) OF THIS SECTION AGAI NST AN EMPLOYEE WITH IN 90 DAYS AFTER 15
THE EMPLOYEE : 16
(1) FILES A COMPLA INT WITH THE COMMISSIONER UNDER § 3–1810 17
OF THIS SUBTITLE ALL EGING A VIOLATION OF THIS SUBTITLE OR BRI NGS A CIVIL 18
ACTION UNDER § 3–1811 OF THIS SUBTITLE; 19
(2) INFORMS A PERSON ABO UT AN ALLEGED VIOLAT ION OF THIS 20
SUBTITLE BY THE EMPL OYER WITH THE EMPLOY ER’S KNOWLEDGE ; 21
(3) COOPERATES WITH THE COMMISSIONER OR ANOTH ER PERSON IN 22
THE INVESTIGATION OR PROSECUTION OF AN AL LEGED VIOLATION OF T HIS 23
SUBTITLE BY THE EMPL OYER; 24
(4) OPPOSES ANY POLICY , PRACTICE, OR ACT THAT IS UNLAW FUL 25
UNDER THIS SUBTITLE ; OR 26
(5) INFORMS AN INDIVIDUA L OF THE INDIVIDUAL ’S RIGHTS UNDER 27
THIS SUBTITLE WITH T HE EMPLOYER ’S KNOWLEDGE . 28
(E) THE PROTECTIONS AFFOR DED UNDER THIS SECTI ON SHALL APPLY TO 29
AN EMPLOYEE WHO MIST AKENLY, BUT IN GOOD FAITH , ALLEGES A VIOLATION OF 30 SENATE BILL 994 13
THIS SUBTITLE. 1
3–1810. 2
(A) (1) A PERSON MAY FILE A CO MPLAINT ALLEGING A V IOLATION OF 3
THIS SUBTITLE WITH T HE COMMISSIONER . 4
(2) THE COMMISSIONER SHALL KE EP CONFIDENTIAL THE IDENTITY 5
OF A PERSON THAT FIL ES A COMPLAINT UNLES S DISCLOSURE IS NECE SSARY FOR 6
THE RESOLUTION OF ANY INVESTIGATION OR IS OTHERWISE REQUIRE D BY LAW. 7
(3) IF THE COMMISSIONER NEEDS TO DISCLOSE THE IDENTIT Y OF A 8
PERSON THAT FILES A COMPLAINT, THE COMMISSIONER SHALL , TO THE EXTENT 9
PRACTICABLE , NOTIFY THE PERSON BE FORE THE DISCLOSURE IS MADE. 10
(B) (1) ON RECEIPT OF A COMPL AINT FILED UNDER SUB SECTION (A)(1) 11
OF THIS SECTION, THE COMMISSIONER SHALL SE ND A LETTER TO THE E MPLOYER. 12
(2) THE LETTER SHALL : 13
(I) STATE THAT THERE IS A COMPLAINT ALLEGING A 14
VIOLATION OF THIS SU BTITLE FILED AGAINST THE EMPLOYER ; 15
(II) STATE THE REQUIREMEN TS OF SUBSECTION (C) OF THIS 16
SECTION; 17
(III) STATE THAT FAILURE T O COMPLY MAY RESULT IN A CIVIL 18
ACTION SEEKING DAMAG ES, COUNSEL FEES , AND OTHER LEGAL REME DIES; AND 19
(IV) INFORM THE EMPLOYER THAT RETALIATION AGA INST AN 20
EMPLOYEE FOR EXERCISIN G RIGHTS UNDER THIS SECTION IS A BASIS F OR A 21
PRIVATE RIGHT OF ACT ION SEEKING ADDITION AL MONETARY DAMAGES TO BE 22
DETERMINED BY A COUR T. 23
(C) IF AN EMPLOYER RECEIV ES A LETTER SENT UND ER SUBSECTION (B) OF 24
THIS SECTION, WITHIN 10 DAYS AFTER THE DATE OF THE LETT ER, THE EMPLOYER 25
SHALL SUBMIT TO THE COMMISSIONER : 26
(1) PROOF OF COMPLIANCE WITH THIS SUBTITLE ; OR 27
(2) AN ACTION PLAN THE E MPLOYER WILL IMPLEME NT TO CORRECT 28
ANY VIOLATION OF THI S SUBTITLE. 29
14 SENATE BILL 994
(D) IF THE COMMISSIONER DETERMIN ES THAT THIS SUBTITLE H AS BEEN 1
VIOLATED, THE COMMISSIONER MAY ISSU E AN ORDER: 2
(1) REQUIRING THE EMPLOY ER TO: 3
(I) COMPLY WITH THIS SUB TITLE; AND 4
(II) PAY ANY PAY UNDER §§ 3–1804 AND 3–1805 OF THIS 5
SUBTITLE OR OTHER WA GES OWED TO EMPLOYEE S UNDER THIS SUBTITLE; 6
(2) IMPOSING A CIVIL PEN ALTY NOT TO EXCEED : 7
(I) $200 FOR EACH VIOLATION O F § 3–1803(A) THROUGH (C) OF 8
THIS SUBTITLE; 9
(II) $300 FOR EACH VIOLATION O F §§ 3–1804 AND 3–1805 OF 10
THIS SUBTITLE; AND 11
(III) $500 FOR EACH VIOLATION O F §§ 3–1806 THROUGH 3–1809 12
OF THIS SUBTITLE; AND 13
(3) GRANTING ANY OTHER A PPROPRIATE RELIEF , INCLUDING: 14
(I) REINSTATEMENT OF EMP LOYMENT; 15
(II) INJUNCTIVE RELIEF ; 16
(III) ACTUAL DAMAGES ; AND 17
(IV) AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY UNDER 18
§§ 3–1804 AND 3–1805 OF THIS SUBTITLE OR OTHER WAGES OWED TO EMPLOYEES 19
UNDER THIS SUBTITLE . 20
(E) FOR ANY RELIEF ORDERE D UNDER SUBSECTION (D)(2)(I) AND (II) OF 21
THIS SECTION, THE RELIEF SHALL BE IMPOSED FOR EACH EMP LOYEE AFFECTED BY 22
THE VIOLATION DURING EACH PAY PERIOD THE VIOLAT ION CONTINUED . 23
(F) (1) WITHIN 30 DAYS AFTER RECEIVING AN ORDER ISSUED UNDE R 24
SUBSECTION (D) OF THIS SECTION , AN EMPLOYER MAY REQU EST A DE NOVO 25
ADMINISTRATIVE HEARI NG. 26
(2) AN ADMINISTRATIVE HEA RING REQUESTED UNDER PARAGRAPH 27
(1) OF THIS SUBSECTION SHALL BE CONDUCTED IN ACCO RDANCE WITH TITLE 10, 28 SENATE BILL 994 15
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 1
(3) IF AN EMPLOYER DOES N OT REQUEST A HEARING UNDER 2
PARAGRAPH (1) OF THIS SUBSECTION , THE ORDER ISSUED BY THE COMMISSIONER 3
BECOMES FINAL . 4
(4) (I) A FINAL ORDER OF THE COMMISSIONER MAY BE A PPEALED 5
IN ACCORDANCE WITH § 10–222 OF THE STATE GOVERNMENT ARTICLE. 6
(II) IF AN EMPLOYER DOES N OT REQUEST JUDICIAL REVIEW OF 7
A FINAL ORDER WITHIN 30 DAYS AFTER THE ORDER BECOMES FINAL , THE 8
COMMISSIONER MAY FI LE AN ACTION TO ENFO RCE THE ORDER IN THE CIRCUIT 9
COURT FOR THE COUNTY IN WHICH THE EMPLOYE R RESIDES OR HAS A P LACE OF 10
BUSINESS. 11
(G) ON OR BEFORE FEBRUARY 1 EACH YEAR, THE COMMISSIONER SHALL 12
POST ON THE WEBSITE OF THE MARYLAND DEPARTMENT OF LABOR: 13
(1) THE NUMBER AND NATUR E OF COMPLAINTS FILE D UNDER THIS 14
SECTION; 15
(2) THE RESULTS OF ANY I NVESTIGATIONS RELATE D TO A 16
COMPLAINT; 17
(3) THE NUMBER OF ORDERS ISSUED AND PENALTIES IMPOSED 18
UNDER THIS SECTION ; AND 19
(4) THE AVERAGE TIME TAK EN FOR A COMPLAINT T O BE RESOLVED. 20
3–1811. 21
(A) (1) ANY PERSON ALLEGING A VIOLATION OF THIS SU BTITLE MAY 22
BRING AN ACTION IN A COURT OF COMPETENT J URISDICTION. 23
(2) AN ACTION MAY BE BROU GHT WHETHER OR NOT A COMPLAINT 24
WAS FIRST FILED WITH THE COMMISSIONER . 25
(3) AN ACTION BROUGHT UNDER THIS S UBSECTION: 26
(I) SHALL BE FILED WITHI N 3 YEARS AFTER THE PERS ON KNEW 27
OR SHOULD HAVE KNOWN OF THE ALLEGED VIOLA TION; AND 28
(II) MAY BE BROUGHT AS A CLASS ACTION IN ACCO RDANCE 29 16 SENATE BILL 994
WITH STATE LAW. 1
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IN AN ACTION 2
UNDER SUBSECTION (A) OF THIS SECTION , IF A COURT FINDS THA T AN EMPLOYER 3
HAS VIOLATED THIS SU BTITLE, THE COURT MAY : 4
(I) ISSUE AN ORDER REQUI RING THE EMPLOYER TO COMPLY 5
WITH THIS SUBTITLE ; AND 6
(II) AWARD: 7
1. DAMAGES NOT TO EXCEED: 8
A. $200 FOR EACH VIOLATION O F § 3–1803(A) THROUGH 9
(C) OF THIS SUBTITLE; 10
B. $300 FOR EACH VIOLATION O F §§ 3–1804 AND 3–1805 11
OF THIS SUBTITLE; AND 12
C. $500 FOR EACH VIOLATION O F §§ 3–1806 THROUGH 13
3–1809 OF THIS SUBTITLE ; 14
2. REINSTATEMENT OF EMPLOY MENT; 15
3. INJUNCTIVE RELIEF ; 16
4. ACTUAL DAMAGES ; 17
5. ANY PAY UNDER §§ 3–1804 AND 3–1805 OF THIS 18
SUBTITLE OR OTHER WA GES OWED TO EMPLOYEE S UNDER THIS SUBTITL E PLUS 19
INTEREST; 20
6. AN ADDITIONAL AMOUNT EQUAL TO TWICE ANY P AY 21
UNDER §§ 3–1804 AND 3–1805 OF THIS SUBTITLE OR OTHER WAGES OWED TO 22
EMPLOYEES UNDER THIS SUBTITLE; AND 23
7. REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 24
(2) THE RELIEF AUTHORIZED UNDER PARAGRAPH (1) OF THIS 25
SUBSECTION SHALL BE IMPOSED ON A PER –EMPLOYE E AND PER–INSTANCE BASIS 26
FOR EACH VIOLATION . 27
(3) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 28 SENATE BILL 994 17
PARAGRAPH , IF A COURT FINDS THA T AN EMPLOYER HAS VI OLATED § 3–1809(B) OF 1
THIS SUBTITLE OR OTH ERWISE DISCRIMINATED AGAINST AN EMPLOYEE , THE 2
COURT SHALL A WARD ACTUAL DAMAGES AND REINSTATEMENT OF EMPLOYMENT . 3
(II) A COURT IS NOT REQUIRE D TO AWARD REINSTATE MENT OF 4
EMPLOYMENT IF THE EM PLOYEE WAIVES THE RI GHT TO REINSTATEMENT . 5
(III) IF THE COURT FINDS TH AT THE EMPLOYEE HAS BEEN 6
DISCHARGED IN RETALI ATION FOR EXERCISING RIGHT S UNDER THIS SUBTITL E, FOR 7
THE PURPOSE OF CALCU LATING ACTUAL DAMAGE S REQUIRED TO BE AWA RDED 8
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE PERIOD OF VIOLAT ION 9
BEGINS THE DAY THE E MPLOYEE WAS DISCHARG ED AND ENDS THE DAY BEFORE THE 10
EMPLOYE E IS REINSTATED OR T HE DAY THE EMPLOYEE AGREES TO WAIVE 11
REINSTATEMENT . 12
(C) IN AN ACTION BROUGHT BY A PERSON OTHER TH AN AN EMPLOYEE , ANY 13
PAY OR WAGES UNDER §§ 3–1804 AND 3–1805 OF THIS SUBTITLE OR ACTUAL 14
DAMAGES AWARDED BY T HE COURT SHALL BE PA ID TO THE EMPLOYEES TO WHOM 15
THE VIOLATION RELATE S. 16
3–1812. 17
THIS SUBTITLE MAY BE CITED AS THE MARYLAND PREDICTABLE 18
SCHEDULING ACT. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2024. 21