reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-908 - Civil Penalty -- Violation of 3-903

(a)    An employer in violation of § 3–903 of this subtitle who comes into timely compliance with all applicable labor laws as required by § 3–907(b) of this subtitle may not be assessed a civil penalty.
(b)    (1)    An employer in violation of § 3–903 of this subtitle who fails to come into timely compliance with all applicable labor laws as required by § 3–907(b) of this subtitle shall be assessed a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance.
(2)    In determining the amount of the penalty, the Commissioner shall consider the factors set forth in § 3–909(b) of this subtitle.
(c)    (1)    An employer may be assessed civil penalties under this section by only one final order of a court or administrative unit for the same actions constituting noncompliance with applicable labor laws as required by § 3–907(b) and (c) of this subtitle.
(2)    Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by multiple final orders of a court and all relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Workers’ Compensation Commission.
(d)    Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:
(1)    has one or more of the same principals or officers as the employer against whom the penalty was assessed; and
(2)    is engaged in the same or equivalent trade or activity.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-910 - Cooperation Among Various Agencies

As authorized by State and federal law, units within the Maryland Department of Labor and the Department of Budget and Management, the Secretary of State, the Comptroller, the Maryland Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected failure to properly classify an individual as an employee.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-911 - Civil Action

(a)    (1)    Except as provided in paragraph (2) of this subsection, an individual who has not been properly classified as an employee may bring a civil action for economic damages against the employer for any violation of this subtitle.
(2)    An individual may not bring a civil action under this section if a final order of an administrative unit or of a court has been issued under § 3–906 of this subtitle.
(b)    An action filed under this section shall be filed within 3 years after the date the cause of action accrues.
(c)    If the court determines that an individual or class of individuals is entitled to judgment in an action against an employer filed in accordance with this section, the court may award each individual:
(1)    any damages to which the individual may be entitled under subsection (a) of this section;
(2)    an additional amount up to three times the amount of any such damages, if the employer knowingly failed to properly classify the individual;
(3)    reasonable counsel fees and other costs of the action; and
(4)    any other appropriate relief.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-912 - Discriminatory Action by Employer

(a)    An employer may not discriminate in any manner or take adverse action against an individual because the individual:
(1)    files a complaint with the employer or the Commissioner alleging that the employer violated any provision of this subtitle or any regulation adopted under this subtitle;
(2)    brings an action under this subtitle or a proceeding involving a violation of this subtitle; or
(3)    testifies in an action authorized under this subtitle or a proceeding involving a violation of this subtitle.
(b)    (1)    An individual who believes that an employer has discriminated in any manner or taken adverse action against the individual in violation of subsection (a) of this section may submit to the Commissioner a written complaint that alleges the discrimination and that includes the signature of the individual.
(2)    An individual shall file a complaint under this subsection within 180 days after the alleged discrimination occurs.
(c)    (1)    On receipt of a complaint under subsection (b) of this section, the Commissioner may investigate.
(2)    The Commissioner shall provide the employer with an opportunity to respond to the allegations in the complaint.
(3)    If, after investigation and consideration of any response from the employer, the Commissioner determines that an employer or other person has violated subsection (a) of this section, the Commissioner shall file a complaint to enjoin the violation, to reinstate the employee to the former position with back pay, and to award any other appropriate damages or other relief in the circuit court for:
(i)    the county in which the alleged violation occurred;
(ii)    the county in which the employer has its principal office; or
(iii)    Baltimore City.
(4)    Within 120 days after the Commissioner receives a complaint, the Commissioner shall notify the employee of the determination under this subsection.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-913 - Violation by Employer Engaged in Contract Work With Public Body

(a)    Where, after investigation, the Commissioner issues a citation for a knowing violation of this subtitle or regulations adopted under this subtitle by an employer engaged in work on a contract with a public body, the Commissioner shall promptly notify the public body.
(b)    (1)    On notification, the public body shall withhold from payment due the employer an amount that is sufficient to:
(i)    pay restitution to each employee for the full amount of wages due; and
(ii)    pay any benefits, taxes, or other contributions that are required by law to be paid on behalf of the employee.
(2)    The public body shall release:
(i)    on issuance of a favorable final order of a court or an administrative unit, the full amount of the withheld funds; and
(ii)    on an adverse final order of a court or an administrative unit, the balance of the withheld funds after all obligations are satisfied under paragraph (1) of this subsection.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-914 - Records; Notice to Independent Contractor or Exempt Person

(a)    An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:
(1)    the name, address, occupation, and classification of each employee or independent contractor;
(2)    the rate of pay of each employee or method of payment for the independent contractor;
(3)    the amount that is paid each pay period to each employee or, if applicable, independent contractor;
(4)    the hours that each employee or independent contractor works each day and each workweek;
(5)    for all individuals who are not classified as employees, evidence that each individual is an exempt person or an independent contractor or its employee; and
(6)    other information that the Commissioner requires, by regulation, as necessary to enforce this subtitle.
(b)    An employer shall provide each individual classified as an independent contractor or exempt person with written notice of the classification of the individual at the time the individual is hired.
(c)    The written notice shall:
(1)    include an explanation of the implications of the individual’s classification as an independent contractor or exempt person rather than as an employee; and
(2)    be provided in English and Spanish.
(d)    The Commissioner shall adopt regulations establishing the specific requirements for the contents and form of the notice.
(e)    If an employer fails to provide notice under subsection (b) of this section, the Commissioner may assess a civil penalty of not more than $50 for each day that the employer fails to provide notice.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-915 - Prohibited Activities for the Purpose of Violating This Subtitle

(a)    A person may not knowingly incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity, or pay or collect a fee for use of a foreign or domestic corporation, partnership, limited liability corporation, or other entity for the purpose of facilitating, or evading detection of, a violation of this subtitle.
(b)    A person may not knowingly conspire with, aid and abet, assist, advise, or facilitate an employer with the intent of violating this subtitle.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a person that violates this section shall be subject to a civil penalty not exceeding $20,000.
(2)    A person that violates this section may not be subject to a civil penalty under this section if the person:
(i)    holds a professional license as a lawyer or a certified public accountant; and
(ii)    was performing an activity in the ordinary course of that person’s license when the violation occurred.
(3)    If the person is exempt from sanction under paragraph (2) of this subsection, the Commissioner shall promptly refer the person for investigation and possible sanction to the unit of State government that has regulatory jurisdiction over the business activities of that person.
(d)    The procedures governing investigations, citations, and administrative and judicial review of an alleged violation under this section shall be the same as those set forth in §§ 3–905 and 3–906 of this subtitle.
(e)    A person may be assessed civil penalties under this section by only one final order of a court or administrative unit for the same actions constituting the violation.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-916 - Groundless or Malicious Complaint and Bad Faith Actions; Administrative Penalty; Attorneys' Fees

(a)    A person may not:
(1)    make or cause to be made a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;
(2)    in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or
(3)    in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.
(b)    The Commissioner shall investigate any allegations that a person has violated any provision of this section.
(c)    (1)    If the Commissioner determines that a person has violated any provision of this section, that person may be subject to an administrative penalty of up to $1,000, assessed by the Commissioner.
(2)    A sanction under paragraph (1) of this subsection shall be subject to the notice and hearing requirements of § 3–906 of this subtitle.
(3)    If the person found in violation of this section is a person alleged to be employed by the respondent, the Commissioner shall disclose the identity of the complainant.
(d)    Any person who must defend an action taken as a result of a groundless or malicious complaint may be entitled to recover attorneys’ fees.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-919 - Budget and Costs

(a)    The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this subtitle.
(b)    The Workers’ Compensation Commission shall pay the cost of administering this subtitle from money that the Commission receives under § 9–316 of this article.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-920 - Annual Report

(a)    The Commissioner shall prepare an annual report for the Secretary and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the administration and enforcement of this subtitle, that shall include:
(1)    the number and nature of complaints received;
(2)    the number of investigations conducted;
(3)    the number of citations issued;
(4)    the number of informal resolutions of the citations;
(5)    the number of citations appealed to the Office of Administrative Hearings and the outcomes of those hearings;
(6)    the number of requests for judicial review of final orders and whether the orders were affirmed or overturned; and
(7)    the number of civil penalties assessed, the total dollar amount of those penalties, and the total dollar amount collected.
(b)    The Commissioner’s report shall be a public record.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Civil Air Patrol leave” means leave requested by an employee who:
(1)    is a volunteer member of the civilian auxiliary of the United States Air Force known as the Civil Air Patrol; and
(2)    has been authorized by the United States Air Force, the Governor, or a political subdivision of the State to respond to an emergency mission.
(c)    “Employee” means any individual who performs services for, or under the control of, a provider of wages or remuneration.
(d)    “Employee benefits” means all benefits other than wages given by an employer.
(e)    “Employer” means any person that employs more than 15 employees.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1002 - Discrimination Prohibited

(a)    An employer may not discriminate against or discharge from employment an employee who has been employed for a minimum of 90 days and is a member of the Civil Air Patrol because of membership in the Civil Air Patrol.
(b)    An employer may not hinder or prevent an employee who has been employed for a minimum of 90 days from performing service as part of the Maryland Wing of the Civil Air Patrol during an emergency mission if the member is entitled to leave under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1003 - Leave

(a)    An employer shall provide no less than 15 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency mission of the Maryland Wing of the Civil Air Patrol.
(b)    (1)    An employee shall give the employer as much notice as possible of the intended dates of the beginning and end of leave.
(2)    After arriving at an emergency location, the employee shall notify the employer with an estimate of the amount of time needed to complete the emergency mission.
(3)    The employee shall report to the employer necessary changes in the time required to complete the mission.
(4)    The employer may require verification of the eligibility of the employee for the Civil Air Patrol leave requested or taken.
(5)    If the employee fails to provide the required certification, the employer may deny the Civil Air Patrol leave.
(6)    An employee taking leave under this subtitle may not be required to exhaust all available leave before using Civil Air Patrol leave.
(7)    Nothing in this subtitle prevents an employer from providing paid leave for leave under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1004 - Restoration of Position

(a)    The employer shall restore the employee to the position held when the leave began or to a position with equivalent seniority status, benefits, pay, and conditions of employment when the employee returns to work.
(b)    An employer may decline to restore an employee as required in this subtitle because of circumstances unrelated to the provisions of this subtitle.
(c)    An employer and an employee may negotiate for the employer to pay for the benefits of the employee during the leave.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1005 - In General

(a)    The use of Civil Air Patrol leave under this subtitle may not result in the loss of an employee benefit accrued before the first date of leave.
(b)    An employee using leave under Title 13 of the Public Safety Article may not concurrently use leave granted under this subtitle.
(c)    This subtitle does not affect the obligation of an employer to comply with a collective bargaining agreement or an employee benefit plan that provides greater leave rights to employees than the rights provided under this subtitle.
(d)    The grant of leave under this subtitle may not be diminished by a collective bargaining agreement or an employee benefit plan entered into on or after January 1, 2010.
(e)    This subtitle does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1006 - Prohibited Acts

(a)    An employer may not interfere with the use of Civil Air Patrol leave allowed under this subtitle.
(b)    An employer may not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who:
(1)    complies with the provisions of this subtitle; or
(2)    opposes a practice not in compliance with this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1007 - Enforcement

(a)    An employee may bring a civil action in the appropriate State court to enforce this subtitle.
(b)    The court may enjoin an act or a practice that violates this subtitle and may order equitable relief to redress the violation or to enforce this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 10 - Civil Air Patrol Leave › Section 3-1008 - Violations -- Mediation or Action

(a)    Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:
(1)    try to resolve any issue involved in the violation informally by mediation; or
(2)    ask the Attorney General to bring an action on behalf of the applicant or employee.
(b)    The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
(c)    “Lien for unpaid wages” means a lien for the amount of wages owed to an employee and penalties authorized under this title or other provisions of law against real or personal property owned by an employer and located in the State.
(d)    “Wages” does not include commissions.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1102 - Notice Required; Contents

To establish a lien for unpaid wages under § 3–1104 of this subtitle, an employee shall first provide written notice to an employer that:
(1)    is served on the employer within the statute of limitations period under § 5–101 of the Courts Article;
(2)    is personally served in accordance with Maryland Rule 2–121; and
(3)    contains the information required by the Commissioner under § 3–1110 of this subtitle to provide the employer with adequate notice of the wages claimed and the property against which the lien for unpaid wages is sought.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1103 - Disputed Claims

(a)    An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where property of an employer is located.
(b)    A complaint filed under this section shall:
(1)    be filed within 30 days after notice is served on the employer; and
(2)    include:
(i)    the name of the employer that owes the employee the wages and the name of the employee to whom the wages are owed;
(ii)    a copy of the notice to establish a lien for unpaid wages served on the employer under § 3–1102 of this subtitle;
(iii)    a statement of any defense to the lien for unpaid wages; and
(iv)    an affidavit containing a statement of facts that support any defenses raised.
(c)    The employer or employee may request an evidentiary hearing.
(d)    If an employer files a complaint, the circuit court shall determine whether to issue an order establishing a lien for unpaid wages:
(1)    within 45 days after the date on which the complaint was filed; and
(2)    based on a preponderance of the evidence in which the employee has the burden of proof to establish the lien for unpaid wages.
(e)    (1)    If a circuit court issues an order to establish a lien for unpaid wages, the employee is entitled to court costs and reasonable attorney’s fees.
(2)    If a circuit court determines the effort to establish a lien for unpaid wages to have been frivolous or made in bad faith, the court may award court costs and reasonable attorney’s fees to an employer.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1104 - Establishing Lien

A lien for unpaid wages is established:
(1)    after a circuit court issues an order to establish a lien for unpaid wages; or
(2)    if no complaint disputing the lien for unpaid wages is filed, within 30 days after a notice is served under § 3–1102 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1105 - Recordation of Lien

(a)    If a circuit court orders the establishment of a lien for unpaid wages, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section.
(b)    If the employer fails to file a timely complaint disputing the notice of wage lien, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section along with proof of service in accordance with Maryland Rule 2–126.
(c)    A wage lien statement may be recorded:
(1)    for a lien against real property, by filing a wage lien statement, in a form prescribed by the Commissioner, with the clerk of the circuit court for the county where any portion of the property is located; and
(2)    for a lien against personal property, by filing a wage lien statement in the same manner, form, and place as a financing statement under Title 9, Subtitle 5 of the Commercial Law Article.
(d)    (1)    If an employee does not record a wage lien statement within 180 days after the lien for unpaid wages is established, a lien for unpaid wages shall be extinguished without prejudice.
(2)    If payment is made or a bond is filed for the amount of wages and damages stated in the wage lien statement, the recorded lien for unpaid wages shall be released.
(e)    A lien for unpaid wages recorded under this section shall be considered a secured claim that has priority:
(1)    from the date of the court order establishing the lien for unpaid wages; or
(2)    if no complaint disputing the lien for unpaid wages is filed, from the date that the employee filed the wage lien statement.
(f)    Subsequent bona fide purchasers of any property subject to a recorded lien for unpaid wages are deemed to have constructive notice of the lien for unpaid wages from date of recordation of a wage lien statement.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1106 - Enforcement

(a)    An order for a lien for unpaid wages shall be enforced in the same manner as any other judgment under State law.
(b)    An action to enforce an order for a lien for unpaid wages shall be brought within 12 years of the date of recordation of a lien for unpaid wages.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 11 - Lien for Unpaid Wages › Section 3-1107 - Contract Requiring Waiver of Right Prohibited

(a)    A contract between an employee and an employer may not waive or require the employee to waive the right to seek the establishment of a lien for unpaid wages under this subtitle.
(b)    A provision in an executory contract between an employer and an employee that conditions payment of wages to the employee on receipt by the employer of a payment from a property owner or a third party may not abrogate or waive the right of an employee to seek the establishment of a lien for unpaid wages under this subtitle.
(c)    A provision of a contract that violates this section is void as against the public policy of the State.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Eligible employee” means an individual who has requested that an employer provide parental leave and who, as of the date that the requested parental leave begins, will have been employed by that employer for at least:
(i)    a 12–month period; and
(ii)    1,250 hours during the previous 12 months.
(2)    “Eligible employee” does not include an individual:
(i)    who is employed at a work site at which the employer employs fewer than 15 employees if the total number of employees employed by that employer within 75 miles of the work site is also fewer than 15; or
(ii)    who is an independent contractor.
(c)    (1)    “Employer” means a person who employs at least 15 but not more than 49 individuals in the State for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.
(2)    “Employer” includes:
(i)    a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer; and
(ii)    a successor in interest of an employer.
(d)    (1)    “Employment benefits” means benefits provided or made available to an employee by an employer.
(2)    “Employment benefits” includes group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions.
(e)    “Parental leave” means leave described in § 3–1202 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1202 - General Consideration

(a)    Except as provided in subsection (b) of this section, an eligible employee is entitled to a total of 6 workweeks of unpaid parental leave during any 12–month period for one or more of the following:
(1)    the birth of a child of the employee; or
(2)    the placement of a child with the employee for adoption or foster care.
(b)    An employer may deny unpaid parental leave to an eligible employee if:
(1)    the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; and
(2)    the employer notifies the employee of the denial before the employee begins taking the leave.
(c)    If an employer provides paid leave to an eligible employee, the employer may require the eligible employee, or the eligible employee may elect, to substitute the paid  leave for any part of or all of the period of parental leave.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1203 - Notice Requirements

(a)    Except as provided in subsection (b) of this section, an employer may require an eligible employee to give the employer written notice of the employee’s intention to take parental leave at least 30 days before commencing parental leave.
(b)    An eligible employee may begin taking parental leave without prior notice following a premature birth, unexpected adoption, or unexpected foster placement.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1204 - Return to Work

(a)    An eligible employee who returns to work after taking parental leave is entitled to be restored by an employer:
(1)    to the position of employment held by the employee when the parental leave began; or
(2)    to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(b)    An employer may:
(1)    deny restoration of the eligible employee’s position of employment under subsection (a) of this section if:
(i)    the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(ii)    the employer notifies the employee of the intent of the employer to deny restoration of the employee’s position of employment at the time the employer determines that economic injury would occur; and
(iii)    in a case of parental leave that has already begun, the employee elects not to return to employment after receiving notice of the employer’s intention to deny restoration of the employee’s position of employment; and
(2)    during the parental leave period, terminate employment of an eligible employee  only for cause.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1205 - Group Health Plans; Commissions

(a)    (1)    During any period that an eligible employee takes parental leave, an employer shall maintain coverage of a group health plan for the duration of the parental leave and in the same manner that coverage would have been provided if the employee had continued in employment continuously for the duration of the parental leave.
(2)    (i)    An employer may recover the premium that the employer paid for maintaining coverage for an eligible employee under a group health plan during the period of parental leave if the employee fails to return to employment with the employer after the period of parental leave to which the employee is entitled has expired.
(ii)    This  paragraph does not apply in the case of an employee who fails to return to work because of other circumstances beyond the control of the employee.
(3)    An employer may recover a premium under paragraph (2)(i) of this subsection by deducting the amount of the premium from the wages paid to the employee on the termination of employment under § 3–505 of this title.
(b)    If an eligible employee works on a commission basis, an employer shall pay to the eligible employee during any period of parental leave any commission that becomes due because of work the eligible employee performed before taking parental leave.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1207 - Violations -- Action by Commissioner

(a)    Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:
(1)    try to resolve any issue involved in the violation informally by mediation; or
(2)    ask the Attorney General to bring an action on behalf of the  employee.
(b)    The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1208 - Violations -- Actions by Employee

(a)    If an employer violates this subtitle, an affected employee may bring an action against the employer to recover damages equal to the amount of any wages, salary, employment benefits, or other compensation denied or lost.
(b)    If a court determines that an employee is entitled to judgment in an action under this section, the court shall allow against the employer reasonable attorney’s fees and other costs of the action.
(c)    Notwithstanding any other provision of law, a supervisory employee of an employer may not be personally liable for a violation of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1209 - Prohibited Acts by Employers

(a)    An employer may not:
(1)    violate any provision of this subtitle;
(2)    hinder, delay, or otherwise interfere with the  Commissioner or an authorized representative of the  Commissioner in the enforcement of this subtitle; or
(3)    discharge or otherwise discriminate against an employee because the employee:
(i)    has requested or taken parental leave authorized under this subtitle;
(ii)    makes a complaint to the employer, the Secretary, or another person;
(iii)    brings an action under this subtitle or a proceeding that relates to the subject of this subtitle or causes the action or proceeding to be brought; or
(iv)    has testified or will testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(b)    The Commissioner may bring an action for injunctive relief and damages against a person who violates subsection (a)(1) or (3) of this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 12 - Parental Leave Act › Section 3-1210 - Effect of Collective Bargaining Agreement or Employment Benefit Program or Plan

(a)    This subtitle may not be construed to diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established under this subtitle.
(b)    The rights established for employees under this subtitle may not be diminished by a collective bargaining agreement or an employment benefit program or plan.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1302 - Paid Leave Policy

(a)    In this section, “existing paid leave” includes:
(1)    vacation days;
(2)    sick days;
(3)    short–term disability benefits;
(4)    floating holidays;
(5)    parental leave; and
(6)    other paid time off that may be used under the terms and conditions as paid sick and safe leave.
(b)    This subtitle may not be construed to:
(1)    require an employer to compensate an employee for unused earned sick and safe leave when the employee leaves the employer’s employment;
(2)    require an employer to modify an existing paid leave policy if:
(i)    the policy permits an employee to accrue and use leave under terms and conditions that are at least equivalent to the earned sick and safe leave provided for under this subtitle; or
(ii)    the paid leave policy does not reduce employee compensation for an absence due to sick or safe leave;
(3)    except as provided in subsection (d) of this section, preempt, limit, or otherwise affect any other law that provides for sick and safe leave benefits that are more generous than required under this subtitle;
(4)    preempt, limit, or otherwise affect any workers’ compensation benefits that are available under Title 9 of this article; or
(5)    prohibit an employer from adopting and enforcing a policy that  prohibits the improper use of earned sick and safe leave, including prohibiting a pattern of abuse of earned sick and safe leave.
(c)    For the purposes of subsection (b)(2) of this section, the terms and conditions of a paid leave policy shall be presumed to be equivalent if the terms and conditions allow an employee to:
(1)    access and accrue paid leave at the same rate or at a greater rate than provided for in § 3–1304 of this subtitle; and
(2)    use the paid leave for the purposes listed in § 3–1305 of this subtitle.
(d)    (1)    Except as provided in paragraph (2) of this subsection, this subtitle preempts the authority of a local jurisdiction to enact a law on or after January 1, 2017, that regulates sick and safe leave provided by an employer other than the local jurisdiction.
(2)    This subsection does not preempt a local jurisdiction from amending a law that was enacted before January 1, 2017, and regulates sick and safe leave provided by an employer.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1303 - Applicability

(a)    This subtitle does not apply to an employee who:
(1)    regularly works less than 12 hours a week for an employer;
(2)    (i)    is employed in the construction industry; and
(ii)    is covered by a bona fide collective bargaining agreement in which the requirements of this subtitle are expressly waived in clear and unambiguous terms; or
(3)    (i)    is called to work by the employer on an as–needed basis in a health or human services industry;
(ii)    can reject or accept the shift offered by the employer;
(iii)    is not guaranteed to be called on to work by the employer; and
(iv)    is not employed by a temporary staffing agency.
(b)    For the purpose of subsection (a)(2)(i) of this section, an employee who is employed in the construction industry does not include an employee employed as:
(1)    a janitor;
(2)    a building cleaner;
(3)    a building security officer;
(4)    a concierge;
(5)    a doorperson;
(6)    a handyperson; or
(7)    a building superintendent.
(c)    (1)    Except as provided in paragraph (2) of this subsection, if a unit of State or local government’s sick leave accrual and use requirements meet or exceed the sick and safe leave provided for under this subtitle, employees of the unit of State or local government who are part of the unit’s personnel system are subject to the unit’s laws, regulations, policies, and procedures providing for:
(i)    accrual and use of sick leave;
(ii)    grievances; and
(iii)    disciplinary actions.
(2)    Employees of a unit of State government that are entitled to sick and safe leave under this subtitle and who are not covered by the unit’s sick leave and accrual and use requirements are subject to § 3–1308 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1306 - Notifications to Employees

(a)    An employer shall notify the employer’s employees that the employees are entitled to earned sick and safe leave under this subtitle.
(b)    The notice provided under subsection (a) of this section shall include:
(1)    a statement of how earned sick and safe leave is accrued under § 3–1304 of this subtitle;
(2)    the purposes for which the employer is required to allow an employee to use earned sick and safe leave under § 3–1305 of this subtitle;
(3)    a statement regarding the prohibition:
(i)    in § 3–1309 of this subtitle against the employer taking adverse action against an employee who exercises a right under this subtitle; and
(ii)    in § 3–1310 of this subtitle against an employee making a complaint, bringing an action, or testifying in an action in bad faith; and
(4)    information regarding the right of an employee to report an alleged violation of this subtitle by the employer to the Commissioner or to bring a civil action under § 3–1308(c) of this subtitle.
(c)    The Commissioner shall:
(1)    create and make available a poster and a model notice at no charge to the employer that may be used by an employer to comply with subsection (a) of this section;
(2)    develop a model sick and safe leave policy that an employer may use as a sick and safe leave policy in an employee handbook or other written guidance to employees concerning employee benefits or leave provided by the employer; and
(3)    provide technical assistance to an employer, if an employer requests assistance regarding implementing the provisions of this subtitle.
(d)    The Department shall post the notice and model sick and safe leave policy created and developed under subsection (c)(1) and (2) of this section on the Department’s Web site in a downloadable format.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1307 - Records

(a)    An employer shall keep for at least 3 years a record of:
(1)    earned sick and safe leave accrued by each employee; and
(2)    earned sick and safe leave used by each employee.
(b)    The Commissioner may inspect a record kept under subsection (a) of this section for the purpose of determining whether the employer is complying with the provisions of this subtitle.
(c)    (1)    An employer that fails to keep accurate records or refuses to allow the Commissioner to inspect a record kept under subsection (a) of this section creates a rebuttable presumption that the employer violated this subtitle.
(2)    The Commissioner may waive a civil penalty assessed under this subtitle if the penalty was assessed for a violation that was due to an error caused by a third–party payroll service provider with whom the employer in good faith contracted for services.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1308 - Violation by Employer; Procedure

(a)    If an employee believes that an employer has violated this subtitle, the employee may file a written complaint with the Commissioner.
(b)    (1)    Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.
(2)    (i)    If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Commissioner determines that an employer has violated this subtitle, the Commissioner shall issue an order.
(ii)    An order issued under subparagraph (i) of this paragraph:
1.    shall describe the violation;
2.    shall direct the payment of the full monetary value of any unpaid earned sick and safe leave and any actual economic damages;
3.    may, in the Commissioner’s discretion, direct the payment of an additional amount up to three times the value of the employee’s hourly wage for each violation; and
4.    may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this subtitle.
(3)    The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.
(c)    (1)    Within 30 days after the Commissioner issues an order, an employer shall comply with the order.
(2)    If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:
(i)    the Commissioner may:
1.    with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or
2.    bring an action to enforce the order for the civil penalty in the county where the employer is located; and
(ii)    within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.
(3)    If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:
(i)    three times the value of the employee’s unpaid earned sick and safe leave;
(ii)    punitive damages in an amount to be determined by the court;
(iii)    reasonable counsel fees and other costs;
(iv)    injunctive relief, if appropriate; and
(v)    any other relief that the court deems appropriate.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1309 - Interference With Exercise of Rights Prohibited

(a)    In this section, “adverse action” includes:
(1)    discharge;
(2)    demotion;
(3)    threatening the employee with discharge or demotion; and
(4)    any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from exercising a right under this subtitle.
(b)    A person may not interfere with the exercise of or the attempt to exercise any right given under this subtitle.
(c)    An employer may not:
(1)    take adverse action or discriminate against an employee because the employee exercises in good faith the rights protected under this subtitle;
(2)    interfere with, restrain, or deny the exercise by an employee of any right provided for under this subtitle; or
(3)    apply an absence control policy that includes earned sick and safe leave absences as an absence that may lead to or result in an adverse action being taken against an employee.
(d)    The protections afforded under this subtitle shall apply to an employee who mistakenly, but in good faith, alleges a violation of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 13 - Healthy Working Families Act › Section 3-1310 - Violations by Employee

(a)    An employee may not in bad faith:
(1)    file a complaint with the Commissioner alleging a violation of this subtitle;
(2)    bring an action under § 3–1308 of this subtitle; or
(3)    testify in an action under § 3–1308 of this subtitle.
(b)    An employee who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Eligible employee” means an individual who has requested that an employer provide organ donation leave and who, as of the date that the requested organ donation leave begins, will have been employed by that employer for at least:
(1)    a 12–month period; and
(2)    1,250 hours during the previous 12 months.
(c)    “Employer” means a person that employs at least 15 individuals in the State.
(d)    “Organ donation leave” means leave described in § 3–1402(a) of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 14 - Organ Donation Leave › Section 3-1402 - Unpaid Organ Donation Leave

(a)    Subject to subsection (b) of this section, an eligible employee is entitled to the following unpaid organ donation leave:
(1)    up to 60 business days in any 12–month period to serve as an organ donor; and
(2)    up to 30 business days in any 12–month period to serve as a bone marrow donor.
(b)    To receive organ donation leave, the eligible employee shall provide written physician verification to the employer that:
(1)    the eligible employee is an organ donor or a bone marrow donor; and
(2)    there is a medical necessity for the donation of the organ or bone marrow.
(c)    Organ donation leave may not be taken concurrently with any leave taken under the federal Family and Medical Leave Act.