reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 4 - Wages and Hours › Part V - Enforcement › Section 3-428 - Prohibited Acts; Penalties

(a)    In this section, “complaint” includes a written or oral complaint, claim, or assertion of right by an employee, regarding the payment of wages under this subtitle, that is made to:
(1)    the employer or a supervisor, manager, or foreman employed by the employer whether it is made through the employer’s internal grievance process or otherwise; or
(2)    the Commissioner or an authorized representative of the Commissioner.
(b)    (1)    An employer may not:
(i)    pay or agree to pay less than the wage required under this subtitle;
(ii)    hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle;
(iii)    take adverse action against an employee because the employee:
1.    makes a complaint that the employee has not been paid in accordance with this subtitle;
2.    brings an action under this subtitle or a proceeding that relates to the subject of this subtitle; or
3.    has testified in an action under this subtitle or a proceeding related to the subject of this subtitle; or
(iv)    violate any other provision of this subtitle.
(2)    Adverse action prohibited under paragraph (1) of this subsection includes:
(i)    discharge;
(ii)    demotion;
(iii)    threatening the employee with discharge or demotion; and
(iv)    any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action under this subtitle.
(c)    An employee may not:
(1)    make 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.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(e)    An employer may not be convicted under this section unless the evidence demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Employer” includes any person who employs an individual in the State or a successor of the person.
(c)    (1)    “Wage” means all compensation that is due to an employee for employment.
(2)    “Wage” includes:
(i)    a bonus;
(ii)    a commission;
(iii)    a fringe benefit;
(iv)    overtime wages; or
(v)    any other remuneration promised for service.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-502 - Payment of Wage

(a)    (1)    Each employer:
(i)    shall set regular pay periods; and
(ii)    except as provided in paragraph (2) of this subsection, shall pay each employee at least once in every 2 weeks or twice in each month.
(2)    An employer may pay an administrative, executive, or professional employee less frequently than required under paragraph (1)(ii) of this subsection.
(b)    If the regular payday of an employee is a nonworkday, an employer shall pay the employee on the preceding workday.
(c)    Each employer shall pay a wage:
(1)    in United States currency; or
(2)    by a check that, on demand, is convertible at face value into United States currency.
(d)    (1)    In this subsection, “employer” includes a governmental unit.
(2)    An employer may not print or cause to be printed an employee’s Social Security number on the employee’s wage payment check, an attachment to an employee’s wage payment check, a notice of direct deposit of an employee’s wage, or a notice of credit of an employee’s wage to a debit card or card account.
(e)    This section does not prohibit the:
(1)    direct deposit of the wage of an employee into a personal bank account of the employee in accordance with an authorization of the employee; or
(2)    credit of the wage of an employee to a debit card or card account from which the employee is able to access the funds through withdrawal, purchase, or transfer if:
(i)    authorized by the employee; and
(ii)    any fees applicable to the debit card or card account are disclosed to the employee in writing in at least 12 point font.
(f)    An agreement to work for less than the wage required under this subtitle is void.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-503 - Deductions

An employer may not make a deduction from the wage of an employee unless the deduction is:
(1)    ordered by a court of competent jurisdiction;
(2)    authorized expressly in writing by the employee;
(3)    allowed by the Commissioner because the employee has received full consideration for the deduction; or
(4)    otherwise made in accordance with any law or any rule or regulation issued by a governmental unit.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-504 - Notice of Wages and Paydays

(a)    An employer shall give to each employee:
(1)    at the time of hiring, notice of:
(i)    the rate of pay of the employee;
(ii)    the regular paydays that the employer sets; and
(iii)    leave benefits;
(2)    for each pay period, a statement of the gross earnings of the employee and deductions from those gross earnings; and
(3)    at least 1 pay period in advance, notice of any change in a payday or wage.
(b)    This section does not prohibit an employer from increasing a wage without advance notice.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-505 - Payment on Termination of Employment; Accrued Leave

(a)    Except as provided in subsection (b) of this section, each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.
(b)    An employer is not required to pay accrued leave to an employee if:
(1)    the employer has a written policy that limits the compensation of accrued leave to employees;
(2)    the employer notified the employee of the employer’s leave benefits in accordance with § 3–504(a)(1) of this subtitle; and
(3)    the employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-507 - Enforcement

(a)    Whenever the Commissioner determines that this subtitle has been violated, the Commissioner:
(1)    may try to resolve any issue involved in the violation informally by mediation;
(2)    with the written consent of the employee, may ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and
(3)    may bring an action on behalf of an employee in the county where the violation allegedly occurred.
(b)    (1)    If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.
(2)    If wages of an employee are recovered under this section, they shall be paid to the employee without cost to the employee.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-507.1 - Order to Pay Wages

(a)    On receipt of a complaint for failure to pay wages that do not exceed $5,000, the Commissioner shall:
(1)    send a copy of the complaint to the employer alleged to have failed to pay wages; and
(2)    require a written response to the complaint within 15 days.
(b)    (1)    The Commissioner:
(i)    shall review the complaint and any response to it; and
(ii)    may investigate the claim.
(2)    On the basis of the review and any investigation, the Commissioner may:
(i)    issue an order to pay wages under subsection (c) of this section if the Commissioner determines that this subtitle has been violated; or
(ii)    dismiss the claim.
(c)    (1)    The Commissioner may issue an order to pay wages that:
(i)    describes the alleged violation;
(ii)    directs payment of wages to the complainant; and
(iii)    if appropriate, orders the payment of interest at the rate of 5% per year accruing from the date the wages are owed.
(2)    The Commissioner shall send the order to pay wages to the complainant and to the employer at the employer’s last known business address by both regular mail and certified mail, return receipt requested.
(3)    Within 30 days after receipt of the order to pay wages, the employer may request a de novo administrative hearing, which shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(4)    On receipt of a request for a hearing, the Commissioner shall schedule a hearing.
(5)    If a hearing is not requested, the order to pay wages shall become a final order of the Commissioner.
(6)    (i)    If a petition for review is not filed within 30 days of the issuance of the final order, the Commissioner may proceed in District Court of the county where the employer resides or has a place of business to enforce payment.
(ii)    In a proceeding under this subsection, the Commissioner is entitled to judgment in the amount of the order to pay wages and any interest due on a showing that:
1.    the order to pay wages and interest, if any, was assessed against the employer;
2.    no appeal is pending;
3.    the ordered wages and interest, if any, are wholly or partly unpaid; and
4.    the employer was duly served with a copy of the order to pay wages and interest, if any, in accordance with this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-507.2 - Action to Recover Unpaid Wages

(a)    Notwithstanding any remedy available under § 3–507 of this subtitle, if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this subtitle, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages.
(b)    If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.
(c)    (1)    In this subsection, “construction services” has the meaning stated in § 3–901 of this title.
(2)    In an action brought under subsection (a) of this section, a general contractor on a project for construction services is jointly and severally liable for a violation of this subtitle that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the general contractor.
(3)    A subcontractor shall indemnify a general contractor for any wages, damages, interest, penalties, or attorney’s fees owed as a result of the subcontractor’s violation unless:
(i)    indemnification is provided for in a contract between the general contractor and the subcontractor; or
(ii)    a violation of the subtitle arose due to a lack of prompt payment in accordance with the terms of the contract between the general contractor and the subcontractor.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 5 - Wage Payment and Collection › Section 3-508 - Prohibited Acts; Penalties

(a)      An employer may not willfully violate this subtitle.
(b)      An employee may not knowingly make to a governmental unit or official of a governmental unit a false statement with respect to any investigation or proceeding under this subtitle, with the intent that the governmental unit or official consider or otherwise act in connection with the statement.
(c)      (1)      An employer who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(2)      An employee who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 6 - Wholesale Sales Representatives › Section 3-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means compensation that:
(1)    is due to a sales representative from a principal; and
(2)    accrues at:
(i)    a specified amount for each order or sale; or
(ii)    a rate expressed as a percentage of the dollar amount that a sales representative:
1.    takes in orders for the principal;
2.    makes in sales for the principal; or
3.    earns in profits for the principal.
(c)    “Principal” means a sales corporation, partnership, proprietorship, or other business entity that:
(1)    distributes, imports, manufactures, or produces a product for wholesale;
(2)    enters into a contract with a sales representative to solicit a wholesale order for the product; and
(3)    pays the sales representative wholly or partly by commission.
(d)    (1)    “Sales representative” means a person who:
(i)    enters into a contract with a principal to solicit in the State a wholesale order; and
(ii)    is paid wholly or partly by commission.
(2)    “Sales representative” does not include a person who:
(i)    buys a product or places an order for a product for resale by that person; or
(ii)    sells or takes an order for the sale of a product to an ultimate buyer.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 6 - Wholesale Sales Representatives › Section 3-603 - Void Waivers

A provision of a contract that is made between a sales representative and a principal is void if the provision purports to waive any provision of this subtitle by:
(1)    an express waiver; or
(2)    a contract subject to the laws of another state.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 6 - Wholesale Sales Representatives › Section 3-605 - Action by Sales Representative

(a)    (1)    Subject to the requirement of paragraph (2) of this subsection, if a principal violates § 3-604 of this subtitle, a sales representative whom the violation affects is entitled to bring an action against the principal to recover up to 3 times the amount of all commissions that the principal owes to the sales representative.
(2)    At least 10 days before an action is brought under this subsection, the sales representative shall give the principal written notice of intent to bring the action.
(b)    If a court determines that a sales representative is entitled to judgment in an action under this section, the court shall allow against the principal reasonable counsel fees and court costs.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 6 - Wholesale Sales Representatives › Section 3-607 - Revocable Offer of Commission

(a)    If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed on if:
(1)    the principal revokes the offer of commission and the sales representative establishes that the revocation was for the purpose of avoiding payment of the commission; or
(2)    (i)    the revocation occurs after the sales representative has obtained a written order for the principal’s product because of the efforts of the sales representative; and
(ii)    the principal’s product that is the subject of the order is shipped to and paid for by a customer.
(b)    This section may not be construed to:
(1)    impair the application of § 2-201 or § 2-209 of the Commercial Law Article;
(2)    abrogate any rule of agency law; or
(3)    unconstitutionally impair the obligations of contracts.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 6 - Wholesale Sales Representatives › Section 3-608 - 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 7 - Miscellaneous › Section 3-701 - Medical Questions

(a)    This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job.
(b)    An employer may not require an applicant for employment to answer an oral or written question that relates to a physical, psychiatric, or psychological disability, illness, handicap, or treatment unless the disability, illness, handicap, or treatment has a direct, material, and timely relationship to the capacity or fitness of the applicant to perform the job properly.
(c)    If an employer violates any provision of subsection (b) of this section, an applicant for employment may:
(1)    submit to the Commissioner a written complaint; or
(2)    bring an action for injunctive relief, damages, or other relief.
(d)    Whenever the Commissioner determines that this section has been violated, the Commissioner may try to resolve any issue involved in the violation informally by mediation.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-703 - Volunteer Activities

An employer may not discharge an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if:
(1)    the activity is in response to an emergency that the Governor declares on the request of the governing body of a county or municipal corporation; and
(2)    the employee submits written proof that the participation of the employee was required.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-707 - Interpreters

(a)    This section applies to a proceeding before an administrative or executive board or any similar body provided by an employer, employee organization, or union to hear employee grievances.
(b)    (1)    At any proceeding, a deaf employee may request an interpreter.
(2)    The request must be in writing and submitted at least 5 days before the proceeding begins.
(c)    The employer, employee organization, or union shall notify the deaf employee in writing of the right granted by this section as soon as it is possible or at least 8 days before the hearing begins.
(d)    (1)    If an interpreter is requested under this section, the employer, employee organization, or union shall request the Department of Disabilities to assist in locating a qualified interpreter to assist at the hearing.
(2)    The Department of Disabilities shall promptly assist in locating an interpreter.
(e)    The interpreter shall facilitate communication between the affected parties, subject to the code of ethics of the National Registry of Interpreters for the Deaf.
(f)    The cost of the interpreter’s services shall be divided equally between the employer and the union or employee organization.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-708 - Active Service in the Armed Forces of the United States -- Renewal of Licenses; Credit for Apprenticeship

(a)    An application for renewal of a license, certificate, permit, or other authorization that an individual is required by law to hold to engage in a profession or trade is considered timely if the application is submitted within 1 year after the end of the individual’s active service in the armed forces of the United States.
(b)    An individual applying to work in a trade or profession is entitled to credit toward a period of service as an apprentice in, or in preparation for, the profession or trade if:
(1)    the period is required by law for the profession or trade;
(2)    the applicant performed work or received training pertaining to the profession or trade while in the armed forces of the United States; and
(3)    the applicant submits evidence of time and nature of the work or training satisfactory to the entity that has approval authority under the law.
(c)    This section shall be construed liberally.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-709 - Jury Service

An employee has the duties and rights set forth:
(1)    with respect to jury service in a circuit court of this State, in Title 8 of the Courts Article; and
(2)    with respect to jury service in a federal court, in 28 U.S.C. § 1861 et seq.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-712 - User Name and Password Privacy Protection and Exclusions

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Applicant” means an applicant for employment.
(3)    (i)    “Electronic communications device” means any device that uses electronic signals to create, transmit, and receive information.
(ii)    “Electronic communications device” includes computers, telephones, personal digital assistants, and other similar devices.
(4)    (i)    “Employer” means:
1.    a person engaged in a business, an industry, a profession, a trade, or other enterprise in the State; or
2.    a unit of State or local government.
(ii)    “Employer” includes an agent, a representative, and a designee of the employer.
(b)    (1)    Subject to paragraph (2) of this subsection, an employer may not request or require that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device.
(2)    An employer may require an employee to disclose any user name, password, or other means for accessing nonpersonal accounts or services that provide access to the employer’s internal computer or information systems.
(c)    An employer may not:
(1)    discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for an employee’s refusal to disclose any information specified in subsection (b)(1) of this section; or
(2)    fail or refuse to hire any applicant as a result of the applicant’s refusal to disclose any information specified in subsection (b)(1) of this section.
(d)    An employee may not download unauthorized employer proprietary information or financial data to an employee’s personal Web site, an Internet Web site, a Web–based account, or a similar account.
(e)    This section does not prevent an employer:
(1)    based on the receipt of information about the use of a personal Web site, Internet Web site, Web–based account, or similar account by an employee for business purposes, from conducting an investigation for the purpose of ensuring compliance with applicable securities or financial law, or regulatory requirements; or
(2)    based on the receipt of information about the unauthorized downloading of an employer’s proprietary information or financial data to a personal Web site, Internet Web site, Web–based account, or similar account by an employee, from investigating an employee’s actions under subsection (d) of this section.
(f)    (1)    Whenever the Commissioner determines that this section has been violated, the Commissioner shall:
(i)    try to resolve any issue involved in the violation informally by mediation; or
(ii)    ask the Attorney General to bring an action on behalf of the applicant or employee.
(2)    The Attorney General may bring an action under this subsection 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 7 - Miscellaneous › Section 3-713 - Payments or Deduction From Wages -- Tipped Employees

(a)    In this section, “tipped employee” means an employee who is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips or gratuities.
(b)    (1)    An employer may not require a tipped employee to reimburse the employer or pay to the employer an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.
(2)    Subject to § 3–503 of this title, an employer may not make a deduction from the wage of a tipped employee to reimburse the employer for an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.
(c)    Each employer shall keep posted conspicuously in a place where a tipped employee is employed a printed notice of the provisions of this section, in a form that the Commissioner requires.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-714 - Hiring and Promotion Preferences -- Veterans and Veterans' Spouses

(a)    In this section, “eligible veteran” means a veteran of any branch of the armed forces of the United States who has received an honorable discharge or a certificate of satisfactory completion of military service, including:
(1)    the National Guard;
(2)    the military reserves;
(3)    the Commissioned Corps of the Public Health Service; and
(4)    the Commissioned Corps of the National Oceanic and Atmospheric Administration.
(b)    An employer may grant a preference in hiring and promotion to:
(1)    an eligible veteran;
(2)    the spouse of an eligible veteran who has a service–connected disability; or
(3)    the surviving spouse of a deceased eligible veteran.
(c)    Granting a preference under subsection (b) of this section does not violate any State or local equal employment opportunity law.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-715 - Contractual Provision Waiving Right to Claim of Sexual Harassment or Retaliation Deemed Null and Void

(a)    Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State.
(b)    (1)    An employer may not take adverse action against an employee because the employee fails or refuses to enter into an agreement that contains a waiver that is void under subsection (a) of this section.
(2)    Adverse action prohibited under this subsection includes:
(i)    discharge;
(ii)    suspension;
(iii)    demotion;
(iv)    discrimination in the terms, conditions, or privileges of employment; or
(v)    any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action regarding a violation of this section.
(c)    An employer who enforces or attempts to enforce a provision that violates subsection (a) of this section shall be liable for the employee’s reasonable attorney’s fees and costs.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-716 - Noncompete or Conflict of Interest Provision in Contract

(a)    (1)    This section applies:
(i)    to an employment contract or a similar document or agreement concerning an employee who earns equal to or less than:
1.    $15 per hour; or
2.    $31,200 annually; and
(ii)    whether or not the employer and employee entered into the employment contract or similar document or agreement in the State.
(2)    This section does not apply to an employment contract or a similar document or agreement with respect to the taking or use of a client list or other proprietary client–related information.
(b)    A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self–employed in the same or similar business or trade shall be null and void as being against the public policy of the State.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 7 - Miscellaneous › Section 3-717 - Use of Facial Recognition Services Prohibited -- Consent by Applicant

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Facial recognition service” means technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.
(3)    “Facial template” means the machine–interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.
(b)    An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant’s interview for employment unless an applicant consents under subsection (c) of this section.
(c)    (1)    An applicant may consent to the use of facial recognition service technology during an interview by signing a waiver.
(2)    The waiver signed under paragraph (1) of this subsection shall state in plain language:
(i)    the applicant’s name;
(ii)    the date of the interview;
(iii)    that the applicant consents to the use of facial recognition during the interview; and
(iv)    whether the applicant read the consent waiver.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 8 - Leave › Section 3-801 - "Employer" Defined; Applicability; Adoption Leave

(a)    (1)    In this section, “employer” means a person engaged in a business, industry, profession, trade, or other enterprise in the State.
(2)    “Employer” includes:
(i)    a unit of State or local government that employs individuals who are not subject to the provisions of Title 9, Subtitle 5 of the State Personnel and Pensions Article; and
(ii)    a person who acts directly or indirectly in the interest of another employer with an employee.
(b)    This section applies to an employer who provides leave with pay to an employee following the birth of the employee’s child.
(c)    An employer who provides leave with pay to an employee following the birth of the employee’s child shall provide the same leave with pay to an employee when a child is placed with the employee for adoption.
(d)    (1)    Whenever the Commissioner determines that this section has been violated, the Commissioner shall:
(i)    try to resolve any issue involved in the violation informally by mediation; or
(ii)    ask the Attorney General to bring an action on behalf of the applicant or employee.
(2)    The Attorney General may bring an action under this subsection 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 8 - Leave › Section 3-803 - Deployment Leave

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Employee” means an individual who:
(i)    is employed by an employer to work full–time or part–time;
(ii)    has worked for the employer for the last 12 months; and
(iii)    has worked for at least 1,250 hours during the last 12 months.
(3)    “Employer” means:
(i)    a person that:
1.    employs 50 or more individuals; and
2.    is engaged in a business, industry, profession, trade, or other enterprise in the State;
(ii)    the State and its units;
(iii)    a county and its units; or
(iv)    a municipal government in the State.
(4)    “Immediate family member” means a spouse, parent, stepparent, child, stepchild, or sibling.
(b)    An employee may take leave from work on the day that an immediate family member of the employee is leaving for, or returning from, active duty outside the United States as a member of the armed forces of the United States.
(c)    An employer may not require an employee to use compensatory, sick, or vacation leave when taking leave under this section.
(d)    An employer may require an employee requesting leave under this section to submit proof to the employer verifying that the leave is being taken in accordance with subsection (b) of this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-903 - Failure to Properly Classify Employee

(a)    An employer may not fail to properly classify an individual who performs work for remuneration paid by the employer.
(b)    An employer has failed to properly classify an individual when an employer–employee relationship exists as determined under subsection (c) of this section but the employer has not classified the individual as an employee.
(c)    (1)    Except as provided in § 3–903.1 of this subtitle, for purposes of enforcement of this subtitle only, work performed by an individual for remuneration paid by an employer shall be presumed to create an employer–employee relationship, unless:
(i)    the individual is an exempt person; or
(ii)    an employer demonstrates that:
1.    the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
2.    the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
3.    the work is:
A.    outside of the usual course of business of the person for whom the work is performed; or
B.    performed outside of any place of business of the person for whom the work is performed.
(2)    Work is outside of the usual course of business of the person for whom it is performed under paragraph (1) of this subsection if:
(i)    the individual performs the work off the employer’s premises;
(ii)    the individual performs work that is not integrated into the employer’s operation; or
(iii)    the work performed is unrelated to the employer’s business.
(3)    By contract, an employer may engage another business entity, which may have its own employees, to do the same type of work in which the employer engages, at the same location where the employer is working, without establishing an employer–employee relationship between the two contracting entities.
(d)    The Commissioner shall adopt regulations to explain further and provide specific examples of the application of subsection (c) of this section.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-903.1 - Presumption That Employer-Employee Relationship Exists Inapplicable in Certain Situations

The presumption that an employer–employee relationship exists under § 3–903(c)(1) of this subtitle does not apply if:
(1)    an employer produces for inspection by the Commissioner:
(i)    a written contract, signed by the employer and business entity, that:
1.    describes the nature of the work to be performed by the business entity;
2.    describes the remuneration to be paid for the work performed by the business entity; and
3.    includes an acknowledgment by the business entity of the business entity’s obligations under this article to:
A.    withhold, report, and remit payroll taxes on behalf of all employees working for the business entity;
B.    pay unemployment insurance taxes for all employees working for the business entity; and
C.    maintain workers’ compensation insurance;
(ii)    an affidavit signed by the business entity indicating that the business entity is an independent contractor who is available to work for other business entities;
(iii)    a current certificate of status of the business entity, issued by the State Department of Assessments and Taxation, indicating that the business entity is in good standing; and
(iv)    proof that the business entity holds all occupational licenses required by State and local authorities for the work performed; and
(2)    the employer provided to each individual classified as an independent contractor or exempt person a written notice under § 3–914 of this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-904 - Knowing Failure to Properly Classify Employee

(a)    An employer may not knowingly fail to properly classify an individual who performs work for remuneration paid by the employer.
(b)    An employer has knowingly failed to properly classify an individual when:
(1)    an employer–employee relationship exists as determined under § 3–903(c) of this subtitle; and
(2)    the employer has knowingly failed to properly classify the individual as an employee.
(c)    The Commissioner shall consider, as strong evidence that the employer did not knowingly fail to properly classify an individual, whether:
(1)    before a complaint was filed against the employer or the Commissioner began an investigation of the employer, the employer:
(i)    sought and obtained evidence that the individual:
1.    is an exempt person; or
2.    as an independent contractor:
A.    withholds, reports, and remits payroll taxes on behalf of all individuals working for the independent contractor;
B.    pays unemployment insurance taxes for all individuals working for the independent contractor; and
C.    maintains workers’ compensation insurance; and
(ii)    provided to the exempt person or independent contractor a written notice as required by § 3–914 of this subtitle; or
(2)    the employer:
(i)    1.    classifies all workers who perform the same or substantially the same tasks for the employer as independent contractors; and
2.    reports the income of the workers to the Internal Revenue Service as required by federal law; and
(ii)    has received a determination from the Internal Revenue Service that the individual or a worker who performs the same or substantially the same task as the individual is an independent contractor.
(d)    The Commissioner shall adopt regulations to provide guidance as to what constitutes the evidence relevant to the determination of whether an employer knowingly failed to properly classify an employee.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-905 - Investigation

(a)    The Commissioner shall investigate as necessary to determine compliance with this subtitle and regulations adopted under this subtitle.
(b)    (1)    Any written or oral complaint or statement made by a person as part of an investigation under this section is confidential and may not be disclosed without the consent of the person until the investigation is concluded and a citation is issued.
(2)    Any written or oral statement made by an individual alleged to be employed by the respondent as part of an investigation under this section is confidential and may not be disclosed without the consent of the individual.
(c)    The Commissioner may enter a place of business or work site to:
(1)    observe work being performed;
(2)    interview individuals on the work site, including those identified as employees and independent contractors; and
(3)    review and copy records.
(d)    (1)    The Commissioner may require each employer to:
(i)    subject to paragraph (2) of this subsection, identify and produce for copying or inspection all records relevant to the classification of each individual;
(ii)    attest to the truthfulness of each record that is copied in accordance with subsection (c)(3) of this section or each copy of a record that is provided to the Commissioner under item (i) of this paragraph and to sign the copy; or
(iii)    at the option of the employer, submit a written statement about the classification of each employee on the form provided by the Commissioner, with any relevant records attached.
(2)    An employer may comply with a requirement to produce records under paragraph (1)(i) of this subsection by producing copies of the records.
(e)    An employer that fails to produce records for copying or inspection or a written statement under subsection (d) of this section within 30 business days after the Commissioner’s request, or an extension of time mutually agreed on by both parties, shall be subject to a fine not exceeding $500 per day for each day the records are not produced.
(f)    (1)    The Commissioner may issue a subpoena for testimony and the production of records.
(2)    If a person fails to comply with a subpoena issued under this subsection, the Commissioner may file a complaint in the circuit court for the county where the person resides, is employed, or has a place of business, requesting an order directing compliance with the subpoena.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-906 - Citation

(a)    After the employer has provided all the records requested under § 3–905(d) of this subtitle, the Commissioner shall issue a citation to the employer or close the investigation within 90 days.
(b)    Each citation shall:
(1)    describe in detail the nature of the alleged violation;
(2)    cite the provision of this subtitle or any regulation that the employer is alleged to have violated; and
(3)    state the civil penalty, if any, that the Commissioner proposes to assess.
(c)    Within a reasonable time after issuance of a citation, the Commissioner shall send by certified mail to the employer:
(1)    a copy of the citation; and
(2)    notice of the opportunity to request a hearing.
(d)    Within 15 days after an employer receives a notice under subsection (c) of this section, the employer may submit a written request for a hearing on the citation and proposed penalty.
(e)    If a hearing is not requested within 15 days, the citation, including any penalties, shall become a final order of the Commissioner.
(f)    (1)    If the employer requests a hearing, the Commissioner shall delegate to the Office of Administrative Hearings the authority to hold a hearing and issue findings of fact, conclusions of law, and an order, and assess a penalty under § 3–909 of this subtitle in accordance with Title 10, Subtitle 2 of the State Government Article.
(2)    The employer is entitled to a hearing within 90 days after a timely request is made under this subsection, unless the employer waives that right.
(g)    Within 15 days after a request, in accordance with Title 4 of the General Provisions Article and the applicable regulations of the Department and the Office of Administrative Hearings, the Commissioner shall provide copies of all relevant evidence, including a list of potential witnesses, on which the Commissioner intends to rely at any administrative hearing under this subtitle.
(h)    The Commissioner has the burden of proof to show that an employer has knowingly failed to properly classify an individual as an employee.
(i)    A decision of an administrative law judge issued in accordance with Title 10, Subtitle 2 of the State Government Article shall become a final order of the Commissioner.
(j)    Any party aggrieved by a final order of the Commissioner under subsection (i) of this section may seek judicial review and appeal under §§ 10–222 and 10–223 of the State Government Article.
2023 Maryland Statutes › Labor and Employment › Title 3 - Employment Standards and Conditions › Subtitle 9 - Workplace Fraud › Section 3-907 - Finding of Violation and Compliance

(a)    If, after investigation, the Commissioner determines that an employer failed to properly classify an individual as an employee in violation of § 3–903 of this subtitle, or knowingly failed to properly classify as an employee an employee in violation of § 3–904 of this subtitle, and issues a citation, the Commissioner shall notify the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Workers’ Compensation Commission to enable these agencies to assure an employer’s compliance with their laws, utilizing their own definitions, standards, and procedures.
(b)    (1)    An employer found in violation of § 3–903 of this subtitle by a final order of a court or an administrative unit shall be required, within 45 days after the final order:
(i)    to pay restitution to any individual not properly classified; and
(ii)    to otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation.
(2)    The requirement for compliance with applicable labor laws under paragraph (1)(ii) of this subsection may include requiring the employer to enter into an agreement, within 45 days after the final order, with a governmental unit for payment of any amounts owed by the employer to the unit.
(3)    The requirement for compliance with applicable labor laws under paragraph (1)(ii) of this subsection:
(i)    may not require payments for more than a  12–month period; and
(ii)    may not require payments due for a period before the 12–month period before the citation was issued.
(c)    An employer found in violation of § 3–904 of this subtitle by a final order of a court or an administrative unit shall be required, within 45 days after the final order:
(1)    to pay restitution to any individual not properly classified; and
(2)    to otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation.