EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0205*
HOUSE BILL 205
K3 5lr1582
HB 900/24 – APP (PRE–FILED) CF SB 124
By: Delegate Solomon
Requested: October 31, 2024
Introduced and read first time: January 8, 2025
Assigned to: Appropriations
Committee Report: Favorable
House action: Adopted with floor amendments
Read second time: March 3, 2025
CHAPTER ______
AN ACT concerning 1
Employment Standards – Firefighters – Payment of Wages and Payroll 2
Information 3
FOR the purpose of requiring governmental units that employ firefighters to compute 4
overtime pay in a certain manner; requiring counties and municipalities to provide 5
certain payroll information to each firefighter employed by the county or 6
municipality; authorizing a firefighter or the firefighter’s exclusive representative to 7
initiate a certain grievance if a county or municipality does not provide the payroll 8
information as required or wages due; and generally relating to wages and payroll 9
information for firefighters. 10
BY repealing and reenacting, with amendments, 11
Article – Labor and Employment 12
Section 3–420 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Local Government 17
Section 1–207 18
Annotated Code of Maryland 19
(2013 Volume and 2024 Supplement) 20
2 HOUSE BILL 205
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Labor and Employment 3
3–420. 4
(A) IN THIS SECTION , “EMPLOYER” INCLUDES A GOVERNMEN TAL UNIT 5
THAT EMPLOYS A FIREF IGHTER. 6
[(a)] (B) Except as otherwise provided in this section, an employer shall compute 7
the wage for overtime under § 3–415 of this subtitle on the basis of each hour over 40 hours 8
that an employee works during 1 workweek. 9
[(b)] (C) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not 10
a nonprofit organization and is a concert promoter, legitimate theater, music festival, music 11
pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in 12
subsection [(a)] (B) of this section. 13
[(c)] (D) The wage for overtime may be computed on the basis of each hour over 14
60 hours that an employee works during 1 workweek for an employee who: 15
(1) is engaged in agriculture; and 16
(2) is exempt from the overtime provisions of the federal Act. 17
[(d)] (E) The wage for overtime may be computed on the basis of each hour over 18
48 hours that an employee works during 1 workweek: 19
(1) for an employee of a bowling establishment; and 20
(2) for an employee of an institution that: 21
(i) is not a hospital; but 22
(ii) is engaged primarily in the care of individuals who: 23
1. are aged, intellectually disabled, or sick or have a mental 24
disorder; and 25
2. reside at the institution. 26
(F) (1) THE WAGE FOR OVERTIME FOR A FIREFIGHTER EM PLOYED BY A 27
GOVERNMENTAL UNIT SH ALL BE COMPUTED ON T HE BASIS OF EACH HOU R OVER 168 28
HOURS THAT THE FIREF IGHTER WORKS DURING A 28–DAY WORK PERIOD . 29
HOUSE BILL 205 3
(2) IN CALCULATING HOURS WORKED UNDER PARAG RAPH (1) OF 1
THIS SUBSECTION , THE EMPLOYER : 2
(I) SHALL INCLUDE ALL RE GULARLY SCHEDULED HO URS, 3
REGARDLESS OF WHETHE R; AND 4
(II) IF THE FIREFIGHTER USED EARNED OR ACCRUED LE AVE 5
DURING ALL OR PART O F THE REGULARLY SCHE DULED HOURS , MAY NOT BE 6
REQUIRED TO INCLUDE EARNED OR AC CRUED LEAVE IN EXCES S OF 42 HOURS PER 7
WEEK. 8
(3) A GOVERNMENTAL UNIT MA Y NOT BE DETERMINED TO HAVE 9
VIOLATED THIS SECTIO N IF THE GOVERNMENTA L UNIT: 10
(I) PAYS OVERTIME WAGES USING AN AVERAGE OF : 11
(I) 1. NOT MORE THAN 42 HOURS PER WEEK; AND 12
(II) 2. A WORK PERIOD OF BET WEEN 7 AND 28 DAYS; OR 13
(II) IS A PARTY TO A FIRE FIGHTER COLLECTIVE B ARGAINING 14
AGREEMENT THAT DEFIN ES A SHIFT AS 42 HOURS PER WEEK . 15
Article – Local Government 16
1–207. 17
(A) EACH COUNTY AND MUNIC IPALITY SHALL PROVIDE FOR EACH 18
FIREFIGHTER EMPLOYED BY THE COUNTY OR MUN ICIPALITY: 19
(1) AT THE TIME OF HIRIN G AND AT THE TIME OF ANY CHANGE OF THE 20
FIREFIGHTER’S RATE OF PAY, NOTICE OF: 21
(I) THE FIREFIGHTER ’S RATE OF PAY; 22
(II) THE REGULAR PAY PERI ODS; AND 23
(III) THE FIREFIGHTER ’S OVERTIME RATE OF P AY; AND 24
(2) FOR EACH PAY PERIOD , A STATEMENT OF THE H OURS WORKED , 25
GROSS EARNINGS , AND ANY DEDUCTIONS F ROM THE GROSS EARNIN GS. 26
(B) IF A COUNTY OR MUNICI PALITY DOES NOT PROV IDE PAYROLL 27
INFORMATION IN ACCOR DANCE WITH SUBSECTION (A) OF THIS SECTION OR W AGES 28
DUE, THE FIREFIGHTER OR T HE FIREFIGHTER ’S EXCLUSIVE REPRESEN TATIVE MAY 29 4 HOUSE BILL 205
INITIATE A GRIEVANCE UNDER THE GRIEVANCE PROCEDURE ESTABLISHE D UNDER 1
ANY APPLICABLE GRIEV ANCE PROCEDURE OR CO LLECTIVE BARGAINING 2
AGREEMEN T. 3
(C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF A 4
GRIEVANCE IS INITIAT ED UNDER SUBSECTION (B) OF THIS SECTION, A FIREFIGHTER 5
IS ENTITLED TO WAGES AND DAMAGES UNLESS T HE WAGE IS WITHHELD AS A RESULT 6
OF A BONA FIDE DISPU TE. 7
(2) IF THE GRIEVANCE WAS FIL ED: 8
(I) IN THE FIRST 3 BUSINESS DAYS OF A P AY PERIOD, THE 9
DAMAGES SHALL START IN THE FOLLOWING REG ULAR PAY PERIOD ; OR 10
(II) AFTER THE THIRD BUSI NESS DAY OF A PAY PE RIOD, THE 11
DAMAGES SHALL START IN THE SECOND REGULA R PAY PERIOD FO LLOWING THE PAY 12
PERIOD IN WHICH THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER ’S FULL 13
WAGE. 14
(3) THE DAMAGES UNDER PAR AGRAPH (1) OF THIS SUBSECTION : 15
(I) MAY NOT BEGIN UNTIL AT LEAST ONE REGULAR PAY PERIOD 16
HAS ELAPSED SINCE TH E FIREFIGHTER WAS NO T PAID THE FIREFIGHTER ’S FULL 17
WAGE DUE FOR A PAY P ERIOD; 18
(II) SHALL INCREASE PER P AY PERIOD BY 30% OF: 19
1. THE WAGE THAT THE CO UNTY OR MUNICIPALITY 20
FAILED TO PROVIDE TH E INFORMATION FOR AS REQUIRED UNDER SUBSE CTION (A) 21
OF THIS SECTION; OR 22
2. THE WAGE THAT THE COUNTY OR M UNICIPALITY 23
FAILED TO PAY; 24
(III) SHALL CONTINUE UNTIL THE PAY PERIOD WHEN THE 25
COUNTY OR MUNICIPALI TY PROVIDES THE MISS ING WAGES AND DAMAGE S TO THE 26
FIREFIGHTER; AND 27
(IV) MAY NOT EXCEED THREE TIMES THE AMOUNT OF : 28
1. THE WAGE DUE FOR A PAY PERIOD FOR WHICH THE 29
COUNTY OR MUNICIPALI TY FAILED TO PROVIDE THE INFORMATION AS R EQUIRED 30
UNDER SUBSECTION (A) OF THIS SECTION; OR 31
HOUSE BILL 205 5
2. THE MISSING WAGES . 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 2
apply only prospectively and may not be applied or interpreted to have any effect on or 3
application to any collective bargaining agreements in effect before the effective date of this 4
Act. 5
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.