EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0124*
SENATE BILL 124
K3 5lr1584
SB 1117/24 – FIN (PRE–FILED) CF HB 205
By: Senator Kramer
Requested: October 31, 2024
Introduced and read first time: January 8, 2025
Assigned to: Finance
A BILL ENTITLED
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
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Labor and Employment 23
3–420. 24
2 SENATE BILL 124
(A) IN THIS SECTION , “EMPLOYER” INCLUDES A GOVERNMEN TAL UNIT 1
THAT EMPLOYS A FIREF IGHTER. 2
[(a)] (B) Except as otherwise provided in this section, an employer shall compute 3
the wage for overtime under § 3–415 of this subtitle on the basis of each hour over 40 hours 4
that an employee works during 1 workweek. 5
[(b)] (C) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not 6
a nonprofit organization and is a concert promoter, legitimate theater, music festival, music 7
pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in 8
subsection [(a)] (B) of this section. 9
[(c)] (D) The wage for overtime may be computed on the basis of each hour over 10
60 hours that an employee works during 1 workweek for an employee who: 11
(1) is engaged in agriculture; and 12
(2) is exempt from the overtime provisions of the federal Act. 13
[(d)] (E) The wage for overtime may be computed on the basis of each hour over 14
48 hours that an employee works during 1 workweek: 15
(1) for an employee of a bowling establishment; and 16
(2) for an employee of an institution that: 17
(i) is not a hospital; but 18
(ii) is engaged primarily in the care of individuals who: 19
1. are aged, intellectually disabled, or sick or have a mental 20
disorder; and 21
2. reside at the institution. 22
(F) (1) THE WAGE FOR OVERTIME FOR A FIREFIGHTER EM PLOYED BY A 23
GOVERNMENTAL UNIT SH ALL BE COMPUTED ON T HE BASIS OF EACH HOUR OVER 168 24
HOURS THAT THE FIREF IGHTER WORKS DURING A 28–DAY WORK PERIOD . 25
(2) IN CALCULATING HOURS WORKED UNDER PARAGRA PH (1) OF 26
THIS SUBSECTION , THE EMPLOYER SHALL I NCLUDE ALL REGULARLY SCHEDULED 27
HOURS, REGARDLESS OF WHETHE R THE FIREFIGHTER US ED EARNED OR ACCRUED 28
LEAVE DURING ALL OR PART OF THE REGULARL Y SCHEDULED HOURS . 29
SENATE BILL 124 3
(3) A GOVERNMENTAL UNIT MA Y NOT BE DETERMINED TO HAVE 1
VIOLATED THIS SECTIO N IF THE GOVERNMENTA L UNIT PAYS OVERTIME WAGES 2
USING AN AVERAGE OF : 3
(I) NOT MORE THAN 42 HOURS PER WEEK; AND 4
(II) A WORK PERIOD OF BET WEEN 7 AND 28 DAYS. 5
Article – Local Government 6
1–207. 7
(A) EACH COUNTY AND MUNIC IPALITY SHALL PROVID E FOR EACH 8
FIREFIGHTER EMPLOYED BY THE COUNTY OR MUN ICIPALITY: 9
(1) AT THE TIME OF HIRIN G AND AT THE TIME OF ANY CHANGE OF THE 10
FIREFIGHTER’S RATE OF PAY, NOTICE OF: 11
(I) THE FIREFIGHTER ’S RATE OF PAY; 12
(II) THE REGULAR PAY PERI ODS; AND 13
(III) THE FIREFIGHTER ’S OVERTIME RATE OF P AY; AND 14
(2) FOR EACH PAY PERIOD , A STATEMENT OF THE H OURS WORKED , 15
GROSS EARNI NGS, AND ANY DEDUCTIONS F ROM THE GROSS EARNIN GS. 16
(B) IF A COUNTY OR MUNICI PALITY DOES NOT PROV IDE PAYROLL 17
INFORMATION IN ACCOR DANCE WITH SUBSECTIO N (A) OF THIS SECTION OR W AGES 18
DUE, THE FIREFIGHTER OR T HE FIREFIGHTER ’S EXCLUSIVE REPRESEN TATIVE MAY 19
INITIATE A GRIEVANCE UNDER THE GRIEVANCE PROCED URE ESTABLISHED UNDE R 20
ANY APPLICABLE GRIEV ANCE PROCEDURE OR CO LLECTIVE BARGAINING 21
AGREEMENT . 22
(C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , IF A 23
GRIEVANCE IS INITIAT ED UNDER SUBSECTION (B) OF THIS SECTION, A FIREFIGHTER 24
IS ENTITLED TO WAGES AND DAMAGES UNLESS T HE WAGE IS WITHHELD AS A RESULT 25
OF A BONA FIDE DISPU TE. 26
(2) IF THE GRIEVANCE WAS FILED: 27
(I) IN THE FIRST 3 BUSINESS DAYS OF A P AY PERIOD, THE 28
DAMAGES SHALL START IN THE FOLLOWING REG ULAR PAY PERIOD; OR 29 4 SENATE BILL 124
(II) AFTER THE THIRD BUSI NESS DAY OF A PAY PE RIOD, THE 1
DAMAGES SHALL START IN THE SECOND REGULA R PAY PERIOD FOLLOWI NG THE PAY 2
PERIOD IN WHICH THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER ’S FULL 3
WAGE. 4
(3) THE DAMAGES UNDER PAR AGRAPH (1) OF THIS SUBSECTION : 5
(I) MAY NOT BEGIN UNTIL AT LEAST ONE REGULAR PAY PERIOD 6
HAS ELAPSED SINCE TH E FIREFIGHTER WAS NO T PAID THE FIREFIGHT ER’S FULL 7
WAGE DUE FOR A PAY P ERIOD; 8
(II) SHALL INCREASE PER P AY PERIOD BY 30% OF: 9
1. THE WAGE THAT THE COUNTY OR MUNICIPALI TY 10
FAILED TO PROVIDE TH E INFORMATION FOR AS REQUIRED UNDER SUBSE CTION (A) 11
OF THIS SECTION; OR 12
2. THE WAGE THAT THE CO UNTY OR MUNICIPALITY 13
FAILED TO PAY; 14
(III) SHALL CONTINUE UNTIL THE PAY PERIOD WHEN THE 15
COUNTY OR MUNICIPALI TY PROVIDES THE MISSING WAGES AND DAMAGES TO THE 16
FIREFIGHTER; AND 17
(IV) MAY NOT EXCEED THREE TIMES THE AMOUNT OF : 18
1. THE WAGE DUE FOR A P AY PERIOD FOR WHICH THE 19
COUNTY OR MUNICIPALI TY FAILED TO PROVIDE THE INFORMATION AS R EQUIRED 20
UNDER SUBSECTION (A) OF THIS SECTION; OR 21
2. THE MISSING WAGES . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23
apply only prospectively and may not be applied or interpreted to have any effect on or 24
application to any collective bargaining agreements in effect before the effective date of this 25
Act. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2025. 28