| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0205* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 205 | |
| 11 | 8 | K3 5lr1582 | |
| 12 | 9 | HB 900/24 – APP (PRE–FILED) CF SB 124 | |
| 13 | 10 | By: Delegate Solomon | |
| 14 | 11 | Requested: October 31, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Appropriations | |
| 17 | - | Committee Report: Favorable | |
| 18 | - | House action: Adopted with floor amendments | |
| 19 | - | Read second time: March 3, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Employment Standards – Firefighters – Payment of Wages and Payroll 2 | |
| 26 | 20 | Information 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of requiring governmental units that employ firefighters to compute 4 | |
| 29 | 23 | overtime pay in a certain manner; requiring counties and municipalities to provide 5 | |
| 30 | 24 | certain payroll information to each firefighter employed by the county or 6 | |
| 31 | 25 | municipality; authorizing a firefighter or the firefighter’s exclusive representative to 7 | |
| 32 | 26 | initiate a certain grievance if a county or municipality does not provide the payroll 8 | |
| 33 | 27 | information as required or wages due; and generally relating to wages and payroll 9 | |
| 34 | 28 | information for firefighters. 10 | |
| 35 | 29 | ||
| 36 | 30 | BY repealing and reenacting, with amendments, 11 | |
| 37 | 31 | Article – Labor and Employment 12 | |
| 38 | 32 | Section 3–420 13 | |
| 39 | 33 | Annotated Code of Maryland 14 | |
| 40 | 34 | (2016 Replacement Volume and 2024 Supplement) 15 | |
| 41 | 35 | ||
| 42 | 36 | BY adding to 16 | |
| 43 | 37 | Article – Local Government 17 | |
| 44 | 38 | Section 1–207 18 | |
| 45 | 39 | Annotated Code of Maryland 19 | |
| 46 | 40 | (2013 Volume and 2024 Supplement) 20 | |
| 41 | + | ||
| 42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 21 | |
| 43 | + | That the Laws of Maryland read as follows: 22 | |
| 44 | + | ||
| 45 | + | Article – Labor and Employment 23 | |
| 46 | + | ||
| 47 | + | 3–420. 24 | |
| 47 | 48 | 2 HOUSE BILL 205 | |
| 48 | 49 | ||
| 49 | 50 | ||
| 50 | - | SECTION | |
| 51 | - | That | |
| 51 | + | (A) IN THIS SECTION , “EMPLOYER” INCLUDES A GOVERNMEN TAL UNIT 1 | |
| 52 | + | THAT EMPLOYS A FIREF IGHTER. 2 | |
| 52 | 53 | ||
| 53 | - | Article – Labor and Employment 3 | |
| 54 | + | [(a)] (B) Except as otherwise provided in this section, an employer shall compute 3 | |
| 55 | + | the wage for overtime under § 3–415 of this subtitle on the basis of each hour over 40 hours 4 | |
| 56 | + | that an employee works during 1 workweek. 5 | |
| 54 | 57 | ||
| 55 | - | 3–420. 4 | |
| 58 | + | [(b)] (C) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not 6 | |
| 59 | + | a nonprofit organization and is a concert promoter, legitimate theater, music festival, music 7 | |
| 60 | + | pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in 8 | |
| 61 | + | subsection [(a)] (B) of this section. 9 | |
| 56 | 62 | ||
| 57 | - | ( | |
| 58 | - | THAT | |
| 63 | + | [(c)] (D) The wage for overtime may be computed on the basis of each hour over 10 | |
| 64 | + | 60 hours that an employee works during 1 workweek for an employee who: 11 | |
| 59 | 65 | ||
| 60 | - | [(a)] (B) Except as otherwise provided in this section, an employer shall compute 7 | |
| 61 | - | the wage for overtime under § 3–415 of this subtitle on the basis of each hour over 40 hours 8 | |
| 62 | - | that an employee works during 1 workweek. 9 | |
| 66 | + | (1) is engaged in agriculture; and 12 | |
| 63 | 67 | ||
| 64 | - | [(b)] (C) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not 10 | |
| 65 | - | a nonprofit organization and is a concert promoter, legitimate theater, music festival, music 11 | |
| 66 | - | pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in 12 | |
| 67 | - | subsection [(a)] (B) of this section. 13 | |
| 68 | + | (2) is exempt from the overtime provisions of the federal Act. 13 | |
| 68 | 69 | ||
| 69 | - | [( | |
| 70 | - | ||
| 70 | + | [(d)] (E) The wage for overtime may be computed on the basis of each hour over 14 | |
| 71 | + | 48 hours that an employee works during 1 workweek: 15 | |
| 71 | 72 | ||
| 72 | - | (1) | |
| 73 | + | (1) for an employee of a bowling establishment; and 16 | |
| 73 | 74 | ||
| 74 | - | (2) | |
| 75 | + | (2) for an employee of an institution that: 17 | |
| 75 | 76 | ||
| 76 | - | [(d)] (E) The wage for overtime may be computed on the basis of each hour over 18 | |
| 77 | - | 48 hours that an employee works during 1 workweek: 19 | |
| 77 | + | (i) is not a hospital; but 18 | |
| 78 | 78 | ||
| 79 | - | ( | |
| 79 | + | (ii) is engaged primarily in the care of individuals who: 19 | |
| 80 | 80 | ||
| 81 | - | (2) for an employee of an institution that: 21 | |
| 81 | + | 1. are aged, intellectually disabled, or sick or have a mental 20 | |
| 82 | + | disorder; and 21 | |
| 82 | 83 | ||
| 83 | - | | |
| 84 | + | 2. reside at the institution. 22 | |
| 84 | 85 | ||
| 85 | - | (ii) is engaged primarily in the care of individuals who: 23 | |
| 86 | + | (F) (1) THE WAGE FOR OVERTIME FOR A FIREFIGHTER EM PLOYED BY A 23 | |
| 87 | + | GOVERNMENTAL UNIT SH ALL BE COMPUTED ON T HE BASIS OF EACH HOUR OVE R 168 24 | |
| 88 | + | HOURS THAT THE FIREF IGHTER WORKS DURING A 28–DAY WORK PERIOD . 25 | |
| 86 | 89 | ||
| 87 | - | 1. are aged, intellectually disabled, or sick or have a mental 24 | |
| 88 | - | disorder; and 25 | |
| 89 | - | ||
| 90 | - | 2. reside at the institution. 26 | |
| 91 | - | ||
| 92 | - | (F) (1) THE WAGE FOR OVERTIME FOR A FIREFIGHTER EM PLOYED BY A 27 | |
| 93 | - | GOVERNMENTAL UNIT SH ALL BE COMPUTED ON T HE BASIS OF EACH HOU R OVER 168 28 | |
| 94 | - | HOURS THAT THE FIREF IGHTER WORKS DURING A 28–DAY WORK PERIOD . 29 | |
| 90 | + | (2) IN CALCULATING HOURS WORKED UNDER PARAGRAPH (1) OF 26 | |
| 91 | + | THIS SUBSECTION , THE EMPLOYER SHALL I NCLUDE ALL REGULARLY SCHEDULED 27 | |
| 92 | + | HOURS, REGARDLESS OF WHETHE R THE FIREFIGHT ER USED EARNED OR AC CRUED 28 | |
| 93 | + | LEAVE DURING ALL OR PART OF THE REGULARL Y SCHEDULED HOURS . 29 | |
| 95 | 94 | HOUSE BILL 205 3 | |
| 96 | 95 | ||
| 97 | 96 | ||
| 98 | - | (2) IN CALCULATING HOURS WORKED UNDER PARAG RAPH (1) OF 1 | |
| 99 | - | THIS SUBSECTION , THE EMPLOYER : 2 | |
| 97 | + | (3) A GOVERNMENTAL UNIT MAY NOT BE DETERMINED TO HAVE 1 | |
| 98 | + | VIOLATED THIS SECTIO N IF THE GOVERNMENTAL UNI T PAYS OVERTIME WAGES 2 | |
| 99 | + | USING AN AVERAGE OF : 3 | |
| 100 | 100 | ||
| 101 | - | (I) SHALL INCLUDE ALL RE GULARLY SCHEDULED HO URS, 3 | |
| 102 | - | REGARDLESS OF WHETHE R; AND 4 | |
| 101 | + | (I) NOT MORE THAN 42 HOURS PER WEEK ; AND 4 | |
| 103 | 102 | ||
| 104 | - | (II) IF THE FIREFIGHTER USED EARNED OR ACCRUED LE AVE 5 | |
| 105 | - | DURING ALL OR PART O F THE REGULARLY SCHE DULED HOURS , MAY NOT BE 6 | |
| 106 | - | REQUIRED TO INCLUDE EARNED OR AC CRUED LEAVE IN EXCES S OF 42 HOURS PER 7 | |
| 107 | - | WEEK. 8 | |
| 103 | + | (II) A WORK PERIOD OF BETWEEN 7 AND 28 DAYS. 5 | |
| 108 | 104 | ||
| 109 | - | (3) A GOVERNMENTAL UNIT MA Y NOT BE DETERMINED TO HAVE 9 | |
| 110 | - | VIOLATED THIS SECTIO N IF THE GOVERNMENTA L UNIT: 10 | |
| 105 | + | Article – Local Government 6 | |
| 111 | 106 | ||
| 112 | - | ||
| 107 | + | 1–207. 7 | |
| 113 | 108 | ||
| 114 | - | (I) 1. NOT MORE THAN 42 HOURS PER WEEK; AND 12 | |
| 109 | + | (A) EACH COUNTY AND MUNIC IPALITY SHALL PROVID E FOR EACH 8 | |
| 110 | + | FIREFIGHTER EMPLOYED BY THE COUNTY OR MUN ICIPALITY: 9 | |
| 115 | 111 | ||
| 116 | - | (II) 2. A WORK PERIOD OF BET WEEN 7 AND 28 DAYS; OR 13 | |
| 112 | + | (1) AT THE TIME OF HIRIN G AND AT THE TIME OF A NY CHANGE OF THE 10 | |
| 113 | + | FIREFIGHTER’S RATE OF PAY, NOTICE OF: 11 | |
| 117 | 114 | ||
| 118 | - | (II) IS A PARTY TO A FIRE FIGHTER COLLECTIVE B ARGAINING 14 | |
| 119 | - | AGREEMENT THAT DEFIN ES A SHIFT AS 42 HOURS PER WEEK . 15 | |
| 115 | + | (I) THE FIREFIGHTER ’S RATE OF PAY; 12 | |
| 120 | 116 | ||
| 121 | - | ||
| 117 | + | (II) THE REGULAR PAY PERI ODS; AND 13 | |
| 122 | 118 | ||
| 123 | - | ||
| 119 | + | (III) THE FIREFIGHTER ’S OVERTIME RATE OF PAY; AND 14 | |
| 124 | 120 | ||
| 125 | - | ( | |
| 126 | - | ||
| 121 | + | (2) FOR EACH PAY PERIOD , A STATEMENT OF THE HOURS WORKED , 15 | |
| 122 | + | GROSS EARNINGS , AND ANY DEDUCTIONS F ROM THE GROSS EARNIN GS. 16 | |
| 127 | 123 | ||
| 128 | - | (1) AT THE TIME OF HIRIN G AND AT THE TIME OF ANY CHANGE OF THE 20 | |
| 129 | - | FIREFIGHTER’S RATE OF PAY, NOTICE OF: 21 | |
| 124 | + | (B) IF A COUNTY OR MUNICI PALITY DOES NOT PROV IDE PAYROLL 17 | |
| 125 | + | INFORMATION IN ACCOR DANCE WITH SUBSECTIO N (A) OF THIS SECTION OR WAGES 18 | |
| 126 | + | DUE, THE FIREFIGHTER OR THE FIR EFIGHTER’S EXCLUSIVE REPRESEN TATIVE MAY 19 | |
| 127 | + | INITIATE A GRIEVANCE UNDER THE GRIEVANCE PROCEDURE ESTABLISHE D UNDER 20 | |
| 128 | + | ANY APPLICABLE GRIEV ANCE PROCEDURE OR CO LLECTIVE BARGAINING 21 | |
| 129 | + | AGREEMENT . 22 | |
| 130 | 130 | ||
| 131 | - | (I) THE FIREFIGHTER ’S RATE OF PAY; 22 | |
| 131 | + | (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, IF A 23 | |
| 132 | + | GRIEVANCE IS INITIAT ED UNDER SUBSECTION (B) OF THIS SECTION, A FIREFIGHTER 24 | |
| 133 | + | IS ENTITLED TO WAGES AND DAMAGES UNLESS T HE WAGE IS WITHHELD AS A RESULT 25 | |
| 134 | + | OF A BONA FIDE DISPU TE. 26 | |
| 132 | 135 | ||
| 133 | - | ( | |
| 136 | + | (2) IF THE GRIEVANCE WAS FILED: 27 | |
| 134 | 137 | ||
| 135 | - | (III) THE FIREFIGHTER ’S OVERTIME RATE OF P AY; AND 24 | |
| 136 | - | ||
| 137 | - | (2) FOR EACH PAY PERIOD , A STATEMENT OF THE H OURS WORKED , 25 | |
| 138 | - | GROSS EARNINGS , AND ANY DEDUCTIONS F ROM THE GROSS EARNIN GS. 26 | |
| 139 | - | ||
| 140 | - | (B) IF A COUNTY OR MUNICI PALITY DOES NOT PROV IDE PAYROLL 27 | |
| 141 | - | INFORMATION IN ACCOR DANCE WITH SUBSECTION (A) OF THIS SECTION OR W AGES 28 | |
| 142 | - | DUE, THE FIREFIGHTER OR T HE FIREFIGHTER ’S EXCLUSIVE REPRESEN TATIVE MAY 29 4 HOUSE BILL 205 | |
| 143 | - | ||
| 144 | - | ||
| 145 | - | INITIATE A GRIEVANCE UNDER THE GRIEVANCE PROCEDURE ESTABLISHE D UNDER 1 | |
| 146 | - | ANY APPLICABLE GRIEV ANCE PROCEDURE OR CO LLECTIVE BARGAINING 2 | |
| 147 | - | AGREEMEN T. 3 | |
| 148 | - | ||
| 149 | - | (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF A 4 | |
| 150 | - | GRIEVANCE IS INITIAT ED UNDER SUBSECTION (B) OF THIS SECTION, A FIREFIGHTER 5 | |
| 151 | - | IS ENTITLED TO WAGES AND DAMAGES UNLESS T HE WAGE IS WITHHELD AS A RESULT 6 | |
| 152 | - | OF A BONA FIDE DISPU TE. 7 | |
| 153 | - | ||
| 154 | - | (2) IF THE GRIEVANCE WAS FIL ED: 8 | |
| 155 | - | ||
| 156 | - | (I) IN THE FIRST 3 BUSINESS DAYS OF A P AY PERIOD, THE 9 | |
| 157 | - | DAMAGES SHALL START IN THE FOLLOWING REG ULAR PAY PERIOD ; OR 10 | |
| 158 | - | ||
| 159 | - | (II) AFTER THE THIRD BUSI NESS DAY OF A PAY PE RIOD, THE 11 | |
| 160 | - | DAMAGES SHALL START IN THE SECOND REGULA R PAY PERIOD FO LLOWING THE PAY 12 | |
| 161 | - | PERIOD IN WHICH THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER ’S FULL 13 | |
| 162 | - | WAGE. 14 | |
| 163 | - | ||
| 164 | - | (3) THE DAMAGES UNDER PAR AGRAPH (1) OF THIS SUBSECTION : 15 | |
| 165 | - | ||
| 166 | - | (I) MAY NOT BEGIN UNTIL AT LEAST ONE REGULAR PAY PERIOD 16 | |
| 167 | - | HAS ELAPSED SINCE TH E FIREFIGHTER WAS NO T PAID THE FIREFIGHTER ’S FULL 17 | |
| 168 | - | WAGE DUE FOR A PAY P ERIOD; 18 | |
| 169 | - | ||
| 170 | - | (II) SHALL INCREASE PER P AY PERIOD BY 30% OF: 19 | |
| 171 | - | ||
| 172 | - | 1. THE WAGE THAT THE CO UNTY OR MUNICIPALITY 20 | |
| 173 | - | FAILED TO PROVIDE TH E INFORMATION FOR AS REQUIRED UNDER SUBSE CTION (A) 21 | |
| 174 | - | OF THIS SECTION; OR 22 | |
| 175 | - | ||
| 176 | - | 2. THE WAGE THAT THE COUNTY OR M UNICIPALITY 23 | |
| 177 | - | FAILED TO PAY; 24 | |
| 178 | - | ||
| 179 | - | (III) SHALL CONTINUE UNTIL THE PAY PERIOD WHEN THE 25 | |
| 180 | - | COUNTY OR MUNICIPALI TY PROVIDES THE MISS ING WAGES AND DAMAGE S TO THE 26 | |
| 181 | - | FIREFIGHTER; AND 27 | |
| 182 | - | ||
| 183 | - | (IV) MAY NOT EXCEED THREE TIMES THE AMOUNT OF : 28 | |
| 184 | - | ||
| 185 | - | 1. THE WAGE DUE FOR A PAY PERIOD FOR WHICH THE 29 | |
| 186 | - | COUNTY OR MUNICIPALI TY FAILED TO PROVIDE THE INFORMATION AS R EQUIRED 30 | |
| 187 | - | UNDER SUBSECTION (A) OF THIS SECTION; OR 31 | |
| 188 | - | HOUSE BILL 205 5 | |
| 189 | - | ||
| 190 | - | ||
| 191 | - | 2. THE MISSING WAGES . 1 | |
| 192 | - | ||
| 193 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 2 | |
| 194 | - | apply only prospectively and may not be applied or interpreted to have any effect on or 3 | |
| 195 | - | application to any collective bargaining agreements in effect before the effective date of this 4 | |
| 196 | - | Act. 5 | |
| 197 | - | ||
| 198 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
| 199 | - | October 1, 2025. 7 | |
| 138 | + | (I) IN THE FIRST 3 BUSINESS DAY S OF A PAY PERIOD , THE 28 | |
| 139 | + | DAMAGES SHALL START IN THE FOLLOWING REG ULAR PAY PERIOD ; OR 29 4 HOUSE BILL 205 | |
| 200 | 140 | ||
| 201 | 141 | ||
| 202 | 142 | ||
| 143 | + | (II) AFTER THE THIRD BUSI NESS DAY OF A PAY PE RIOD, THE 1 | |
| 144 | + | DAMAGES SHALL START IN THE SECOND REGULA R PAY PERIOD FOLLOWI NG THE PAY 2 | |
| 145 | + | PERIOD IN WHICH THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER ’S FULL 3 | |
| 146 | + | WAGE. 4 | |
| 203 | 147 | ||
| 204 | - | Approved: | |
| 205 | - | ________________________________________________________________________________ | |
| 206 | - | Governor. | |
| 207 | - | ________________________________________________________________________________ | |
| 208 | - | Speaker of the House of Delegates. | |
| 209 | - | ________________________________________________________________________________ | |
| 210 | - | President of the Senate. | |
| 148 | + | (3) THE DAMAGES UNDER PAR AGRAPH (1) OF THIS SUBSECTION : 5 | |
| 149 | + | ||
| 150 | + | (I) MAY NOT BEGIN UNTIL AT LEAST ONE REGULAR PAY PERIOD 6 | |
| 151 | + | HAS ELAPSED SINCE TH E FIREFIGHTER WAS NO T PAID THE FIREFIGHT ER’S FULL 7 | |
| 152 | + | WAGE DUE FOR A PAY P ERIOD; 8 | |
| 153 | + | ||
| 154 | + | (II) SHALL INCREASE PER P AY PERIOD BY 30% OF: 9 | |
| 155 | + | ||
| 156 | + | 1. THE WAGE THAT THE CO UNTY OR MUNICIPALITY 10 | |
| 157 | + | FAILED TO PROVIDE TH E INFORMATION FOR AS REQUIRED UNDER SUBSE CTION (A) 11 | |
| 158 | + | OF THIS SECTION; OR 12 | |
| 159 | + | ||
| 160 | + | 2. THE WAGE THAT THE COUNTY OR M UNICIPALITY 13 | |
| 161 | + | FAILED TO PAY; 14 | |
| 162 | + | ||
| 163 | + | (III) SHALL CONTINUE UNTIL THE PAY PERIOD WHEN THE 15 | |
| 164 | + | COUNTY OR MUNICIPALI TY PROVIDES THE MISS ING WAGES AND DAMAGE S TO THE 16 | |
| 165 | + | FIREFIGHTER; AND 17 | |
| 166 | + | ||
| 167 | + | (IV) MAY NOT EXCEED THREE TIMES THE AMOUNT OF : 18 | |
| 168 | + | ||
| 169 | + | 1. THE WAGE DUE FOR A PAY P ERIOD FOR WHICH THE 19 | |
| 170 | + | COUNTY OR MUNICI PALITY FAILED TO PRO VIDE THE INFORMATION AS REQUIRED 20 | |
| 171 | + | UNDER SUBSECTION (A) OF THIS SECTION; OR 21 | |
| 172 | + | ||
| 173 | + | 2. THE MISSING WAGES . 22 | |
| 174 | + | ||
| 175 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23 | |
| 176 | + | apply only prospectively and may not be applied or interpreted to have any effect on or 24 | |
| 177 | + | application to any collective bargaining agreements in effect before the effective date of this 25 | |
| 178 | + | Act. 26 | |
| 179 | + | ||
| 180 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 | |
| 181 | + | October 1, 2025. 28 | |
| 182 | + |