reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.40 - Workplace Fraud › Section 09.12.40.02 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an employer
				contracts with an individual and classifies that individual as an independent
				contractor or an exempt person, the employer shall complete the information
				required by §A(9) of this regulation and provide the individual with a
				"Notice to Independent Contractors and Exempt Persons" that contains the
				following information:
(1) Notification to
				the individual that they have been hired as an independent contractor or exempt
				person;
(2) A statement by the
				employer that the independent contractor will perform the work according to
				their own means and methods, free from control of the employer in all details
				connected with the performance of the work, except as to its product and
				result;
(3) Notification that the
				individual's classification as an independent contractor or exempt person means
				the individual will be responsible for all tax obligations, including, but not
				limited to, the filing of business or self-employment income tax returns with
				the U.S. Internal Revenue Service;
(4) Notification that the individual's
				classification as an independent contractor or exempt person means that they
				are not eligible for protection under protective laws, including, but not
				limited to, employment discrimination and anti-retaliation laws, occupational
				safety and health laws, living wage and prevailing wage laws, and wage and hour
				laws;
(5) Notification that, if the
				independent contractor or exempt person hires employees to perform work, the
				independent contractor or exempt person is responsible as an employer for all
				tax, unemployment insurance, workers' compensation insurance, and labor and
				employment law obligations on behalf of those employees;
(6) Notification that the independent
				contractor or exempt person is obligated to provide a "Notice to Independent
				Contractors and Exempt Persons" for independent contractors or exempt person
				with whom they contract;
(7)
				Notification that the individual is required to provide copies of any licenses
				or registrations issued to the individual related to the work to be performed
				to the employer;
(8) The name,
				address, telephone number and email address of the Commissioner of Labor and
				Industry if the individual has any questions; and
(9) A detailed statement of the work to be
				performed by the independent contractor or exempt person or the appropriate
				provisions of the contract between the parties, which shall be attached to the
				notice.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.40 - Workplace Fraud › Section 09.12.40.03 - Record Keeping

Current through Register Vol. 51, No. 14, July 12, 2024
A. For each
				independent contractor and exempt person hired, an employer shall retain the
				following records at the work site or at its place of business:
(1) A statement with a description of the
				employer's usual course of business or a fully executed copy of the contract
				between the employer and the independent contractor or exempt person;
(2) Acknowledgement forms signed by the
				independent contractor and exempt person; and
(3) Licenses or registrations provided by an
				individual classified as an independent contractor or exempt person.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.40 - Workplace Fraud › Section 09.12.40.04 - Evidence of a Knowing Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commissioner may consider evidence, as
				provided in §B of this regulation, that an employer knowingly failed to
				properly classify an employee.
B.
				The evidence shall include the following:
(1)
				Any previous violation of the Workplace Fraud Act or a violation of any other
				state or federal law that involves similar issues related to the classification
				of employees;
(2) Refusal or
				failure of the employer to produce records requested pursuant to Labor and
				Employment Article, §
										3-905(d)(1),
				Annotated Code of Maryland;
(3)
				Refusal or failure of the employer to cooperate with an investigation
				authorized under Labor and Employment Article, §
										3-905, Annotated
				Code of Maryland;
(4) Evidence that
				the employer classifies differently individuals who perform substantially the
				same tasks, allowing for the business model described in Labor and Employment
				Article, §
										3-903(c)(3),
				Annotated Code of Maryland; and
(5)
				Any other credible evidence of the employer's actual knowledge of, deliberate
				ignorance of, or reckless disregard for whether or not the worker is
				misclassified.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.40 - Workplace Fraud › Section 09.12.40.05 - Landscaping Illustrations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				illustrations in this regulation provide guidance under the Workplace Fraud Act
				only and do not apply to any other State or federal law.
B. The illustrations in §§C-E of
				this regulation, provide guidance for the landscaping services industry in the
				application of Labor and Employment Article, §
									3-903(c),
				Annotated Code of Maryland.
C. The
				JB Landscaping Company (JB) is hired to install the landscaping for a new large
				housing development. After JB commences work, it determines that it does not
				have enough employees to complete the job. JB subcontracts some of its work to
				the Red Company (Red), a smaller landscape company. JB sets the work hours for
				all workers on the job. Red provides the plants and other necessary tools and
				equipment for the job. Red maintains its own place of business but does not
				perform service for more than one person or company at a time. Either JB or Red
				can end the services at any time. Red pays federal employee taxes. Red is an
				independent contractor.
D. While
				working on a large landscaping job with a Friday deadline, the Tree Company
				(Tree) determines that it needs additional workers to meet that deadline. On
				Wednesday afternoon, Tree contacts Keith Brown to see if he knows at least five
				workers who can report to the landscaping job in the morning. Keith Brown
				engages five other workers to assist with the Tree job. Tree sets the hours,
				provides the tools and equipment, and frequently inspects the work during the
				day. Keith Brown does landscaping work but does not have his own business. Tree
				pays Keith Brown a lump sum, which he distributes to the other workers. Keith
				Brown and the five other workers are employees of Tree.
E. The Green Company (Green), a landscaping
				company, is hired to landscape a building complex. Once the work is underway,
				the owner of the building complex decides to install a pond with a waterfall.
				Green does not build ponds and waterfalls so it subcontracts that work to the
				Water Company (Water). Water is licensed to build ponds with waterfalls, and it
				carries workers' compensation and liability insurance under the company name.
				Water performs services for more than one person at a time. All equipment and
				tools necessary for the pond installation are owned by Green. Because of
				Water's experience in the area, there is no oversight of the daily work by
				Green. Water is paid by Green at the completion of the job. However, Green is
				ultimately responsible for the final product if there are any faults or defects
				in the construction. Water is an independent contractor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.01 - Administrative Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
"Administrative capacity" has the meaning stated in
				  29 CFR §
										541.200 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.02 - Agriculture

Current through Register Vol. 51, No. 14, July 12, 2024
"Agriculture" means work performed by a farmer or on a farm
				  as an incident to or in conjunction with farming operations, such as:
A. The cultivation and tillage of soil,
				including grading, rock removal, building terraces, irrigation, and
				fertilization;
B. The production,
				growing, cultivation, or harvesting of agricultural or horticultural products
				or commodities;
C. Breeding,
				fattening, feeding, or the general care of livestock, bees, fur-bearing animals
				whose fur has marketable value, or poultry, including poultry hatchery
				operations;
D. Dairying, including:
(1) Caring for and milking of milk-giving
				animals,
(2) Containing, cooling,
				and storage of milk when done on the farm, and
(3) Farm-based manufacturing operations
				directly and closely related to dairying, such as separating cream or making
				butter;
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.03 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
Before the Commissioner of Labor and Industry initiates an
				  investigation, the Commissioner may require the employee to submit a written
				  complaint.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.04 - Directly and Closely Related

Current through Register Vol. 51, No. 14, July 12, 2024
"Directly and closely related" has the meaning stated in
				  29 CFR §
										541.703 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.05 - Executive Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
"Executive capacity" has the meaning stated in
				  29 CFR §
										541.100 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.06 - Processing

Current through Register Vol. 51, No. 14, July 12, 2024
A. "First
				processing" means the procedure by which the form of a product or commodity is
				changed from its original state.
B.
				"First processing" does not refer to an employer who acts as a wholesaler,
				broker, factor, or other middleman in the chain from producer to
				consumer.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.07 - Food and Drink Establishment

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				"Annual gross income":
(1) Means the total of
				all receipts from all sales made during the preceding four calendar quarters;
				and
(2) Is the sole basis for
				determining the annual gross income for all subsequent quarters.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.08

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Gasoline
				service station" means an establishment primarily engaged in selling gasoline
				and lubricating oils to the general public.
B. A gasoline service station may be part of
				a larger enterprise which also repairs automobiles.
C. An establishment which derives the greater
				part of its net income from the sale of goods other than gasoline, lubricating
				oils, and related services is not a gasoline service station.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.09 - Hotel or Motel

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Hotel" or
				"motel" for purposes of Labor and Employment Article, §
									3-415, Annotated
				Code of Maryland, means an establishment engaged primarily in providing lodging
				or lodging and meals to the general public.
B. "Hotel" or "motel" includes an apartment
				or residential establishment that derives more than half of its annual gross
				income from providing transient guests with lodging or lodging and
				meals.
C. "Hotel" or "motel" does
				not mean an establishment whose income is derived primarily from providing
				bedroom and kitchen facilities for leased periods of longer than 3
				months.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.10 - Hours of Work

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Hours of work"
				means the time during a workweek that an individual employed by an employer is
				required by the employer to be on the employer's premises, on duty, or at a
				prescribed workplace.
B. Meal
				periods are included in computing hours of work if the individual is required
				to perform any duties during the meal period.
C. Travel time is included in computing hours
				of work if the individual:
(1) Travels during
				regular work hours;
(2) Travels
				from one worksite to another; or
(3) Is called out after work hours in
				emergency situations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.11 - Immediate Family

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Immediate
				family" means an employer's parent, spouse, child, brother, sister, grandchild,
				or grandparent who:
(1) Resides with the
				employer; and
(2) Enjoys the same
				privileges as other members of the family.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.12 - Mechanic

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Mechanic" means
				an employee whose primary function is to put automobiles, trailers, trucks, or
				farm machinery in working order by making necessary repairs or
				adjustments.
B. The following
				employees are not mechanics:
(1) An employee
				whose primary duty is to wash, clean, polish, lubricate packing wheel bearings,
				change oil or oil filters, change tires, paint, perform carpentry, dispatch, or
				install or repair seat covers;
(2)
				An employee whose primary duty is to record a vehicle's condition or to write a
				report detailing necessary parts and mechanical work.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.13 - Outside Salesman

Current through Register Vol. 51, No. 14, July 12, 2024
"Outside salesman" has the meaning stated in
				  29 CFR §
										541.500 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.14 - Overtime Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				employee subject to the Minimum Wage Act of Maryland shall be paid overtime
				compensation for each hour worked in excess of 40 hours per workweek. This
				includes the following:
(1) All hours worked
				by an employee for an employer are included, even though the employee may
				perform work in two or more unrelated jobs;
(2) If the total workweek hours do not exceed
				40, an employee is not entitled to overtime compensation for hours worked in
				excess of 8 on any day, including Saturday, Sunday, and holidays.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.15 - Packing

Current through Register Vol. 51, No. 14, July 12, 2024
"Packing" means the physical operation by which a product or
				  commodity is placed in a container which is then closed and
				  sealed.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.16 - Partsman

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Partsman" means
				an employee whose primary function is to:
(1)
				Sell or dispense parts for automobiles, trailers, trucks, or farm machinery;
				or
(2) Requisition, stock, or
				dispense those parts for an establishment's mechanical service
				department.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.17 - Professional Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
"Professional capacity" has the meaning stated in
				  29 CFR §
										541.300 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.18 - Reasonable Cost

Current through Register Vol. 51, No. 14, July 12, 2024
A. The reasonable
				cost of board, lodging, or other facilities may be included as part of an
				employee's wage if the:
(1) Facilities are
				customarily and regularly available to all similarly situated
				employees;
(2) Employee's
				acceptance of the facility is voluntary and uncoerced; and
(3) Employee receives the benefits of the
				facility for which he or she is charged.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.19 - Regular Hourly Rate

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Regular
				hourly rate" means the usual hourly rate.
B. The regular hourly rate is determined by
				dividing the total compensation for employment in any workweek by the total
				number of hours worked in that workweek.
C. Any commission or bonus, if:
(1) Paid weekly, is added to the employee's
				total compensation in order to determine the regular hourly rate;
(2) Paid other than weekly, is allocated to
				the particular workweek in which it was earned; or
(3) Allocation is not practical, may be
				apportioned in equal amounts to each workweek during the period in which it was
				earned.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.20 - Restaurant Tip Credit Wage Statement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms
				have the meanings indicated.
(2)
				Terms Defined.
(a) Reported tips means tips
				retained by the employee and disclosed to the employer, tips distributed to the
				employee by the employer, or tips obtained through a valid tip pooling
				arrangement or tip sharing arrangement.
(b) Restaurant has the meaning stated in
				Regulation .07D of this chapter.
(c) Tip credit wage statement means a written
				or electronic statement that shows the employee's effective hourly rate of pay
				including employer paid cash wages plus all reported tips, for all tip credit
				hours worked for each workweek in the pay period
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.21 - Salesman

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Salesman" for
				purposes of Labor and Employment Article, §
									3-415, Annotated
				Code of Maryland, means an employee whose primary duty is to sell or obtain
				orders or contracts for the sale of automobiles, trailers, trucks, or farm
				machinery.
B. The sales work may
				be performed in the establishment or elsewhere.
C. A salesman may perform work incidental to
				and in conjunction with the employee's regular sales or solicitations,
				including incidental deliveries and collections.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.22 - Work-Study Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) A "work-study program" is a program in
				which the period of normal public or private school attendance is divided
				between school attendance and employment in industry or business.
(2) A "work-study coordinator" is the
				individual assigned to supervise or administer a work-study program.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.23 - Workweek

Current through Register Vol. 51, No. 14, July 12, 2024
"Workweek" means a fixed and regularly recurring period of
				  168 consecutive hours beginning on any hour of the day.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.41 - Wage and Hour Law › Section 09.12.41.24 - Computer-Related Occupations: Exemptions from Minimum Wage and Overtime Compensation

Current through Register Vol. 51, No. 14, July 12, 2024
A computer systems analyst, computer programmer, software
				  engineer, or other similarly skilled professional employee in the computer
				  field is eligible for classification as an employee in a professional capacity
				  if the employee meets the standard set forth in
				  29 CFR §
										541.400 et seq.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) Except as provided in COMAR
				09.01.12.01C,
				these regulations do not apply to youth apprenticeship under Apprenticeship
				Maryland.
(2) These regulations set
				forth policies and procedures to promote equality of opportunity in
				apprenticeship programs registered with the Maryland Apprenticeship and
				Training Council.
(3) These
				policies and procedures apply to the recruitment and selection of apprentices,
				and to all conditions of employment and training during
				apprenticeship.
(4) The procedures
				established provide for review of apprenticeship programs, for registering
				apprenticeship programs, for processing complaints, and for deregistering
				noncomplying apprenticeship programs.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Apprenticeship program" means a program
				registered with the Maryland Apprenticeship and Training Council and evidenced
				by a certificate of registration or other appropriate document as meeting the
				apprenticeship standards of the Council.
(2) "Council" means the Maryland
				Apprenticeship and Training Council.
(3) "Employer" means any person or
				organization employing an apprentice whether the apprentice is enrolled with
				this person or organization or with some other person or
				organization.
(4) "Minority" means
				an individual male or female member of a group that has historically been
				under-utilized in apprenticeship programs due to discrimination based on race,
				color, or national origin.
(5)
				"Sponsor" means any person or organization operating an apprenticeship program,
				irrespective of whether this person or organization is an employer.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.03 - Equal Opportunity Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Obligation of Sponsors. Each sponsor of an
				apprenticeship program shall:
(1) Recruit,
				select, employ, and train apprentices during their apprenticeship without
				discrimination based on political or religious opinion or affiliation, marital
				status, race, color, creed, national origin, sex, or age, unless sex or age
				constitutes a bona fide occupational qualification, or the physical or mental
				disability of a qualified individual with a disability;
(2) Uniformly apply regulations concerning
				apprentices, including but not limited to equality of wages, periodic
				advancement, promotion, assignment of work, job performance, rotation among all
				work processes of the trade, imposition of penalties or other disciplinary
				action, and all other aspects of the apprenticeship program administered by the
				program sponsor; and
(3) Take
				affirmative action to provide equal opportunity in apprenticeship, including
				adoption of an affirmative action plan as required by these
				regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.06 - Existing List of Eligibles and Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sponsor adopting a selection method
				under Regulation .05B(1) or (2) of this chapter, and a sponsor adopting a
				selection method under Regulation .05B(4) who determines that there are fewer
				minorities and women (minority and nonminority) on its existing lists of
				eligibles than would reasonably be expected in view of the analysis described
				in Regulation .04E of this chapter shall discard all existing eligibility lists
				upon adoption of the selection methods required by these regulations.
B. New eligibility pools shall be established
				and lists of eligibility pools shall be posted at the sponsor's place of
				business. Sponsors shall establish a reasonable period of not less than 2 weeks
				for accepting applications for admission to an apprenticeship program. There
				will be at least 30 days of public notice in advance of the earliest date for
				application for admission to the apprenticeship program (see Regulation .04C of
				this chapter on affirmative action with respect to dissemination of
				information). Applicants who have been placed in a pool of eligibles shall be
				retained on lists of eligibles subject to selection for a period of 2 years.
				Applicants may be removed from the list at an earlier date by their request or
				following their failure to respond to an apprentice job opportunity given by
				certified mail, return receipt requested.
C. Applicants who have been accepted in the
				program shall be afforded a reasonable period of time in light of the customs
				and practices of the industry for reporting for work. All applicants shall be
				treated equally in determining this period of time. It shall be the
				responsibility of the applicant to keep the sponsor informed of his or her
				current mailing address. Upon request, a sponsor may restore to the list of
				eligibles applicants who have been removed from the list or who have failed to
				respond to an apprenticeship job opportunity.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.07 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Obligations of
				Sponsors. Each sponsor shall keep adequate records including a summary of the
				qualifications of each applicant; the basis for evaluation and for selection or
				rejection of each applicant; the records pertaining to interviews of
				applicants; the original application for each applicant; information relative
				to the operation of the apprenticeship program, including but not limited to
				job assignment, promotion, demotion, layoff, or termination, rates of pay, or
				other forms of compensation or conditions of work, hours including hours of
				work and separately, hours of training provided; and any other records
				pertinent to a determination of compliance with these regulations, as may be
				required by the Council. The records pertaining to individual applicants,
				selected or rejected, shall be maintained in such manner as to permit
				identification of minority and female (minority and nonminority)
				participants.
B. Affirmative Action
				Plans. Each sponsor shall retain a statement of its affirmative action plan
				required by Regulation .04 of this chapter for the prompt achievement of full
				and equal opportunity in apprenticeship, including all data and analyses made
				pursuant to the requirements of Regulation .04. Sponsors shall review their
				affirmative action plans annually and update them when necessary, including the
				goals and timetables.
C.
				Qualification Standards. Each sponsor shall maintain evidence that its
				qualification standards have been validated in accordance with the requirements
				set forth in Regulation .05B of this chapter.
D. Records of the Council. The Council shall
				keep adequate records, including registration requirements, individual program
				standards and registration records, program compliance reviews and
				investigations, and any other records pertinent to a determination of
				compliance with these regulations as may be required by the U.S. Department of
				Labor and shall report to the Department as may be required by it.
E. Maintenance of Records. The records
				required by these regulations and any other information relevant to compliance
				with these regulations shall be maintained for 5 years and made available upon
				request to the Council or its authorized representative.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.08 - Compliance Reviews

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conduct of
				Compliance Reviews. The Council will regularly conduct systematic reviews of
				apprenticeship programs in order to determine the extent to which sponsors are
				complying with these regulations and will also conduct compliance reviews when
				circumstances, including receipt of complaints not referred to a private review
				body pursuant to Regulation .10B(1) of this chapter, so warrant, and take
				appropriate action regarding programs which are not in compliance with the
				requirements of these regulations. Compliance reviews will consist of
				comprehensive analyses and evaluations of each aspect of the apprenticeship
				program, including on-site investigations and audits.
B. Reregistration. Sponsors seeking
				reregistration shall be subject to a compliance review as described in §A
				of this regulation by the Council as part of the reregistration
				process.
C. New Registrations.
				Sponsors seeking new registrations shall be subject to a compliance review as
				described in §A of this regulation by the Council as part of the
				registration process.
D. Voluntary
				Compliance. When the compliance review indicates that the sponsor is not
				operating in accordance with these regulations, the Council shall notify the
				sponsor in writing of the results of the review and make a reasonable effort to
				secure voluntary compliance on the part of the program sponsor within a
				reasonable time before undertaking sanctions under Regulation .12 of this
				chapter. In the case of sponsors seeking new registration, the Council will
				provide appropriate recommendations to the sponsor to enable it to achieve
				compliance for registration purposes.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.09 - Noncompliance with Federal and State Equal Opportunity Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A pattern or practice of noncompliance by a sponsor (or when
				  the sponsor is a joint apprenticeship committee, by one of the parties
				  represented on this committee) with federal and State laws or regulations
				  requiring equal opportunity may be grounds for the imposition of sanctions in
				  accordance with Regulation .12 of this chapter if this noncompliance is related
				  to the equal employment opportunity of apprentices and graduates of an
				  apprenticeship program under these regulations. The sponsor shall take
				  affirmative steps to assist and cooperate with employers and unions in
				  fulfilling their equal employment opportunity obligations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.10 - Complaint Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing.
(1) Any apprentice or applicant for
				apprenticeship who believes that he or she has been discriminated against on
				the basis of political or religious opinion or affiliation, marital status,
				race, color, creed, national origin, sex, or age, unless sex or age constitutes
				a bona fide occupational qualification, or the physical or mental disability of
				a qualified individual with a disability with regard to apprenticeship or that
				the equal opportunity standards with respect to his or her selection have not
				been followed in the operation of an apprenticeship program may, personally or
				through an authorized representative, file a complaint with the Council, or, at
				the apprentice's or applicant's election, with a private review body
				established pursuant to §A(3) of this regulation. The complaint shall be
				in writing and shall be signed by the complainant. It shall include the name,
				address, and telephone number of the person allegedly discriminated against,
				the program sponsor involved, and a brief description of the circumstances of
				the failure to apply the equal opportunity standards provided for in this
				chapter.
(2) The complaint shall be
				filed not later than 180 days from the date of the alleged discrimination or
				specified failure to follow the equal opportunity standards; and, in the case
				of complaints filed directly with review bodies designated by program sponsors
				to review these complaints, any referral of this complaint by the complainant
				to the Council shall occur within the time limitation stated above or 30 days
				from the final decision of the review body, whichever is later. The time may be
				extended by the Council for good cause shown.
(3) Sponsors are encouraged to establish
				fair, speedy, and effective procedures for a review body to consider complaints
				of failure to follow the equal opportunity standards. A private review body
				established by the program sponsor for this purpose should number three or more
				responsible persons from the community serving in this capacity without
				compensation. Members of the review body should not be directly associated with
				the administration of an apprenticeship program. Sponsors may join together in
				establishing a review body to serve the needs of programs within the
				community.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.11 - Adjustments in Schedule for Compliance Review or Complaint Processing

Current through Register Vol. 51, No. 14, July 12, 2024
If, in the judgment of the Council, a particular situation
				  warrants and requires special processing and either expedited or extended
				  determination, it shall take the steps necessary to permit this determination
				  if it finds that no person or party affected by the determination will be
				  prejudiced by the special processing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.12 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the
				Council, as a result of a compliance review or other reason, determines that
				there is reasonable cause to believe that an apprenticeship program is not
				operating in accordance with this chapter and voluntary corrective action has
				not been taken by the program sponsor, the Council shall institute proceedings
				to deregister the program or it shall refer the matter to the Attorney General
				for the institution of a court action as authorized by law.
B. The Council delegates to the Office of
				Administrative Hearings the authority to conduct deregistration hearings and
				submit in writing to the Council proposed findings of fact and recommended
				decisions.
C. Deregistration
				proceedings shall be conducted in accordance with the following procedures:
(1) The Council shall notify the sponsor, in
				writing, that a determination of reasonable cause has been made under §A
				of this regulation and that the apprenticeship program may be deregistered
				unless, within 15 days of the receipt of the notice, the sponsor requests a
				hearing. The notification shall specify the facts on which the determination is
				based.
(2) If, within 15 days of
				the receipt of the notice provided for in §B(1) of this regulation, the
				sponsor mails a request for a hearing, the Council shall request that the
				Office of Administrative Hearings convene a hearing in accordance with
				Regulation .14 of this chapter.
(3)
				The Council shall make a final decision on the basis of the record, which shall
				consist of the compliance review file and other evidence presented and, if a
				hearing was conducted pursuant to Regulation .14 of this chapter, the proposed
				findings and recommended decision of the administrative law judge. The Council
				may allow the sponsor a reasonable time to achieve voluntary corrective action.
				If, after any time allowed by the Council in its discretion for voluntary
				corrective action, the Council's decision is that the apprenticeship program is
				not operating in accordance with these regulations, the apprenticeship program
				shall be deregistered. In each case in which deregistration is ordered, the
				Council shall make public notice of the order and shall notify the sponsor and
				the complainant, if any, and the U.S. Department of Labor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.13 - Reinstatement of Program Registration

Current through Register Vol. 51, No. 14, July 12, 2024
Any apprenticeship program deregistered pursuant to this
				  chapter may be reinstated upon presentation of adequate evidence to the Council
				  that the apprenticeship program is operating in accordance with this
				  chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.14 - Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedure for
				Hearings.
(1) Within 10 days after receiving
				a request for a hearing, the Council shall request that the Office of
				Administrative Hearings designate an administrative law judge.
(2) The administrative law judge shall give
				reasonable notice of the hearing by certified mail, return receipt requested,
				to the sponsor.
(3) The notice
				shall include a:
(a) Reasonable time and
				place of hearing;
(b) Statement of
				the provisions of this chapter pursuant to which the hearing is to be held;
				and
(c) Concise statement of the
				matters pursuant to which the action forming the basis of the hearing is
				proposed to be taken.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.15 - Intimidatory or Retaliatory Acts

Current through Register Vol. 51, No. 14, July 12, 2024
Any intimidation, threat, coercion, or retaliation by or with
				  the approval of any sponsor against any person for the purpose of interfering
				  with any right or privilege secured by Title VII of the Civil Rights Act of
				  1964, as amended, Executive Order 11246, as amended, or because he or she has
				  made a complaint, testified, assisted, or participated in any manner in an
				  investigation, proceeding, or hearing under this chapter shall be considered
				  noncompliance with the equal opportunity standards of this chapter. The
				  identity of complainants shall be kept confidential except to the extent
				  necessary to carry out the purpose of this chapter including the conduct of any
				  investigation, hearing, or judicial proceeding arising
				  therefrom.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.16 - Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
The commitments contained in the sponsor's affirmative action
				  program are not intended and may not be used to discriminate against any
				  qualified applicant or apprentice on the basis of political or religious
				  opinion or affiliation, marital status, race, color, creed, national origin,
				  sex, or age, unless sex or age constitutes a bona fide occupational
				  qualification, or the physical or mental disability of a qualified individual
				  with a disability.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.42 - Equal Employment Opportunity › Section 09.12.42.17 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
Requests for exemption from this chapter, or any part of it,
				  shall be made in writing to the Council and shall contain a statement or
				  reasons supporting the request. Exemptions may be granted by the Council or the
				  Secretary of Labor, Licensing, and Regulation for good cause. The Council shall
				  notify the U.S. Department of Labor of any exemptions granted affecting a
				  substantial number of employees and the reasons for them.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in COMAR
				09.01.12.01C,
				these regulations do not apply to youth apprenticeship under Apprenticeship
				Maryland.
B. The purpose of this
				chapter is to:
(1) Establish guidelines and
				standards necessary for the development of skilled apprenticeship
				programs;
(2) Establish guidelines
				to protect workers who participate in apprenticeship programs;
(3) Establish labor standards to safeguard
				the welfare of apprentices; and
(4)
				Prescribe policies and procedures concerning the registration for State and
				federal purposes of acceptable apprenticeship and training programs with the
				Council which is recognized as a registration agency for federal purposes by
				the Bureau of Apprenticeship and Training, Employment and Training
				Administration, U.S. Department of Labor.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.03 - Eligibility and Procedure for Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Registration of Apprenticeship Program.
(1) An apprenticeship program is eligible for
				registration by the Council if the:
(a)
				Apprenticeship program conforms with apprenticeship program standards published
				by the Council;
(b) Apprenticeship
				program provides for training in an apprenticeable occupation meeting the
				requirements of Regulations .04 and .05 of this chapter;
(c) Apprenticeship program conforms with the
				requirements of the Maryland State Plan for Equal Employment Opportunity in
				Apprenticeship and Training; and
(d) Request for registration is:
(i) In writing,
(ii) Made by the applicant sponsor,
(iii) Addressed to the Director,
				and
(iv) Submitted with all
				required documents and data, as required by the Council.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.04 - Criteria for an Apprenticeable Occupation

Current through Register Vol. 51, No. 14, July 12, 2024
An apprenticeable occupation is a skilled trade that:
A. Is customarily learned in a practical way
				through on-the-job training;
B. Can
				be clearly identified and commonly recognized throughout an industry;
C. Is not a part of an occupation previously
				recognized by the Council as apprenticeable unless that part is practiced
				industrywide as an identifiable and distinct trade;
D. Involves manual, mechanical, or technical
				skills and knowledge, which require a minimum of 2,000 hours of work and
				on-the-job training, not including the hours spent on related
				instruction;
E. Requires related
				instruction supplemental to the on-the-job training which may be given:
(1) In a classroom,
(2) Through correspondence courses,
(3) By self-study, or
(4) By other means of instruction approved by
				the Council; and
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.05 - Standards of an Apprenticeship Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The apprenticeship program shall be an
				organized, written plan which includes the terms and conditions of employment,
				training, and supervision of one or more apprentices in an apprenticeable
				occupation.
B. A sponsor of an
				apprenticeship program shall operate in accordance with or abide by the
				standards of the apprenticeship program.
C. Apprenticeship program standards shall
				include the following:
(1) The equal
				opportunity pledge prescribed in the Maryland State Plan for Equal Employment
				Opportunity in accordance with COMAR
				09.12.42.04B A(1) and
				(2);
(2) If applicable, an affirmative action plan
				in accordance with COMAR
				09.12.42.04B A(2) and
				(3);
(3) A selection method authorized in COMAR
				09.12.42.06B;
				and
(4) The requirements of an
				apprenticeship program in accordance with §D of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 12 - DIVISION OF LABOR AND INDUSTRY › Chapter 09.12.43 - Maryland Apprenticeship and Training › Section 09.12.43.06 - Certificate of Completion of Apprenticeship

Current through Register Vol. 51, No. 14, July 12, 2024
To receive a certificate of completion of apprenticeship, an
				  apprentice shall successfully complete both the required related instruction
				  and the on-the-job training while in the employ of and under the supervision of
				  a registered apprenticeship program sponsor.