Fraud Prevention, Prevailing Wage, and Living Wage - Prohibitions, Penalties, and Enforcement

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0299*

HOUSE BILL 299
K3 6lr0116
(PRE–FILED) CF SB 60
By: Chair, Government, Labor, and Elections Committee (By Request –
Departmental – Labor)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 18, 2026

CHAPTER ______

AN ACT concerning 1

Fraud Prevention, Prevailing Wage, and Living Wage – Prohibitions, Penalties, 2
and Enforcement 3

FOR the purpose of prohibiting a person from knowingly making or using, or causing to be 4
made or used, a false record or statement resulti ng in underpayments of 5
unemployment insurance contributions or payment of unemployment insurance 6
benefits of more than a certain amount; requiring the Comptroller to deposit into the 7
Unemployment Insurance Fund certain civil penalties or damages collected under 8
the Maryland False Claims Act (MFCA); requiring that certain civil penalties and 9
damages be used in a certain manner if a violation of the MFCA involves the failure 10
to pay prevailing wage rates; requiring the Commissioner of Labor and Industry and 11
the Attorney General to take certain actions related to the enforcement of the MFCA, 12
workplace fraud laws, prevailing wage laws, and living wage laws; requiring a 13
subcontractor to indemnify a general contractor for certain wages, damages, interest, 14
penalties, or fees except under certain circumstances; altering certain enforcement 15
mechanisms related to workplace fraud laws, prevailing wage laws, and living wage 16
laws, including authorizing the Attorney General to investigate and bring suit in a 17
certain manner; requiring a licensing authority to revoke or suspend the license of a 18
licensee for a certain workplace fraud violation under certain circumstances; altering 19
the circumstances under which a person may be debarred under State procurement 20
law; and generally relating to fraud prevention, debarment, prevailing wages, and 21
living wages. 22

2 HOUSE BILL 299

BY repealing and reenacting, without amendments, 1
Article – General Provisions 2
Section 8–101(a) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2025 Supplement) 5

BY repealing and reenacting, with amendments, 6
Article – General Provisions 7
Section 8–101(b), 8–102(a) and (b)(8) and (9), and 8–109(b) and (c) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

BY adding to 11
Article – General Provisions 12
Section 8–102(b)(9) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15

BY repealing and reenacting, with amendments, 16
Article – Labor and Employment 17
Section 3–906, 3–908 through 3–910, and 3–913 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20

BY repealing and reenacting, without amendments, 21
Article – Labor and Employment 22
Section 3–911 23
Annotated Code of Maryland 24
(2025 Replacement Volume) 25

BY adding to 26
Article – Labor and Employment 27
Section 3–912 28
Annotated Code of Maryland 29
(2025 Replacement Volume) 30

BY repealing and reenacting, with amendments, 31
Article – State Finance and Procurement 32
Section 16–203(a)(9) and (10), 17–221(g), 17–224, 18–107, and 18–109 33
Annotated Code of Maryland 34
(2021 Replacement Volume and 2025 Supplement) 35

BY adding to 36
Article – State Finance and Procurement 37
Section 18–110 38
Annotated Code of Maryland 39
(2021 Replacement Volume and 2025 Supplement) 40
HOUSE BILL 299 3

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – General Provisions 3

8–101. 4

(a) In this title the following words have the meanings indicated. 5

(b) (1) “Claim” means a request or demand, under a contract or otherwise, for 6
money or other property, whether or not the governmental entity has title to the money or 7
property, that is: 8

(i) presented to an officer, employee, or agent of a governmental 9
entity; or 10

(ii) made to a contractor, a grantee, or another recipient, if the 11
money or other property is to be spent or used on a governmental entity’s behalf or to 12
advance an interest of a governmental entity, and the governmental entity: 13

1. provides or has provided any portion of the money or other 14
property requested or demanded; or 15

2. will reimburse the contractor, grantee, or other recipient 16
for any portion of the money or other property that is requested or demanded. 17

(2) [“Claim”] EXCEPT WITH RESPECT T O §§ 8–102(B)(9) AND 18
8–109(C)(2)(III) OF THIS TITLE , “CLAIM” does not include requests or demands for 19
money or other property that a governmental entity has paid to an individual as 20
compensation for employment or as an income subsidy with no restrictions on that 21
individual’s use of the money or other property. 22

8–102. 23

(a) [This] EXCEPT AS PROVIDED IN SUBSECTION (B)(9) OF THIS SECTION , 24
THIS section does not apply to claims, records, or statements related to State or local taxes. 25

(b) A person may not: 26

(8) knowingly conceal, or knowingly and improperly avoid or decrease, an 27
obligation to pay or transmit money or other property to a governmental entity, including 28
misrepresenting the time at which a trade was made to make the transaction appear less 29
favorable; [or] 30

4 HOUSE BILL 299

(9) KNOWINGLY MAKE, USE, OR CAUSE TO BE MADE OR USED, A FALSE 1
RECORD OR STATEMENT RESULTING IN: 2

(I) THE UNDERPAYMENT OF CONTRIBUTIONS OWED T O THE 3
UNEMPLOYMENT INSURANCE FUND; OR 4

(II) THE PAYMENT OF UNEMP LOYMENT INSURANCE BE NEFITS 5
OF MORE THAN $15,000 IN A CALENDAR YEAR; OR 6

[(9)] (10) knowingly make any other false or fraudulent claim against a 7
governmental entity. 8

8–109. 9

(b) (1) (I) The governmental entity shall make all reasonable efforts to 10
coordinate any investigation of an alleged violation under this title with any investigation 11
conducted by the federal government involving the same violation. 12

(II) THE COMMISSIONER OF LABOR AND INDUSTRY OR THE 13
ATTORNEY GENERAL SHALL COOPERA TE IN THE INVESTIGAT ION OF AN ALLEGED 14
VIOLATION UNDER THIS TITLE THAT IS OF UNU SUAL SCOPE OR COMPLE XITY OR 15
INVOLVES A NOVEL OR COMPLEX LEGAL ISSUE, IF: 16

1. THE GOVERNMENTAL ENT ITY WITH INVESTIGATI VE 17
AUTHORITY FOR THE AL LEGED VIOLATION IS T HE COMMISSIONER OF LABOR AND 18
INDUSTRY OR THE ATTORNEY GENERAL; AND 19

2. THE ALLEGED VIOLATION IS OF A NATURE AND SCOPE 20
THAT COULD GIVE RISE TO A VIOLATION OR AN ACTION UNDER TITLE 3, SUBTITLE 21
9 OF THE LABOR AND EMPLOYMENT ARTICLE OR TITLE 16, TITLE 17, SUBTITLE 2, 22
OR TITLE 18 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 23

(III) TO ASSIST IN THE ENFO RCEMENT OF THIS SUBT ITLE, THE 24
COMMISSIONER OF LABOR AND INDUSTRY AND THE ATTORNEY GENERAL SHALL 25
SHARE INFORMATION ON A MONTHLY BASIS CONCERNING MATTERS ARISING UNDER 26
TITLE 3, SUBTITLE 9 OF THE LABOR AND EMPLOYMENT ARTICLE AND TITLE 16 AND 27
TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT ARTICLE, 28
INCLUDING: 29

1. THE CONTENT OF COMPLAINT S OR REFERRALS 30
RECEIVED CONCERNING POTENTIAL VIOLATIONS AND ACTIONS TAKEN; AND 31

2. THE STATUS OF INVEST IGATIONS INITIATED , 32
INCLUDING ANY DETERMINATION OF MERIT OR RECOVERY SOUGHT OR OBTAINED. 33
HOUSE BILL 299 5

(2) The governmental entity’s objective shall be to avoid unnecessary 1
duplication of effort on the part of the person alleged to have committed the violation and 2
to minimize the burden of the investigation on the person. 3

(c) (1) Except as provided under paragraph (2) of this subsecti on, the 4
Comptroller shall deposit any civil penalty or damages collected by the State under this 5
title into the General Fund of the State. 6

(2) (i) If a violation of this title affects any of the following funds, the 7
Comptroller shall deposit any civil p enalty or damages collected by the State under this 8
title into the affected fund: 9

1. a fund that is not subject to § 7 –302 of the State Finance 10
and Procurement Article; 11

2. a special fund requiring the reversion of appropriated 12
funds to the special fund under § 7–304 of the State Finance and Procurement Article; 13

3. a fund under the jurisdiction of the Board of Trustees for 14
the State Retirement and Pension System; [or] 15

4. a fund under the jurisdiction of the State Employee and 16
Retiree Health and Welfare Benefits Program; OR 17

5. THE UNEMPLOYMENT INSURANCE FUND. 18

(ii) If more than one fund is affected by a violation of this title, the 19
Comptroller shall deposit any civil penalty or damages collected by the State into the 20
appropriate fund or the General Fund of the State on a pro rata basis. 21

(III) IF A VIOLATION OF THIS TITLE INVOLVED THE FAILURE TO 22
PAY PREVAILING WAGE RATES IN ACCORDANCE WITH TITLE 17, SUBTITLE 2 OF THE 23
STATE FINANCE AND PROCUREMENT ARTICLE, CIVIL PENALTIES AND DAMAGES 24
COLLECTED UNDER THIS TITLE MAY BE USED TO PAY RESTITUTION TO A FFECTED 25
WORKERS. 26

Article – Labor and Employment 27

3–906. 28

(a) [After] WITHIN 90 DAYS AFTER the employer has provided all the records 29
requested under § 3–905(d) of this subtitle, the Commissioner shall: 30

(1) issue a citation to the employer; 31

6 HOUSE BILL 299

(2) REFER THE MATTER TO THE ATTORNEY GENERAL IN 1
ACCORDANCE WITH § 3–910 OF THIS SUBTITLE; or 2

(3) close the investigation [within 90 days]. 3

(b) Each citation shall: 4

(1) describe in detail the nature of the alleged violation; 5

(2) cite the provision of this subtitle or any regulation that the employer is 6
alleged to have violated; and 7

(3) state the civil penalty, if any, that the Commissioner proposes to assess. 8

(c) Within a reasonable time after issuance of a citation, the Commissioner shall 9
send by certified mail to the employer: 10

(1) a copy of the citation; and 11

(2) notice of the opportunity to request a hearing. 12

(d) Within 15 days after an employer receives a notice under subsection (c) of this 13
section, the employer may submit a written request for a hearing on the citation and 14
proposed penalty. 15

(e) If a hearing is not request ed within 15 days, the citation, including any 16
penalties, shall become a final order of the Commissioner. 17

(f) (1) If the employer requests a hearing, the Commissioner shall delegate to 18
the Office of Administrative Hearings the authority to hold a hearing and issue findings of 19
fact, conclusions of law, and an order, and assess a penalty under § 3 –909 of this subtitle 20
in accordance with Title 10, Subtitle 2 of the State Government Article. 21

(2) The employer is entitled to a hearing within 90 days after a timely 22
request is made under this subsection, unless the employer waives that right. 23

(g) Within 15 days after a request, in accordance with Title 4 of the General 24
Provisions Article and the applicable regulations of the Department and the Office of 25
Administrative Hearings, the Commissioner shall provide copies of all relevant evidence, 26
including a list of potential witnesses, on which the Commissioner intends to rely at any 27
administrative hearing under this subtitle. 28

(h) The Commissioner has the burden of proof to show that an employer has 29
knowingly failed to properly classify an individual as an employee. 30

(i) A decision of an administrative law judge issued in accordance with Title 10, 31
Subtitle 2 of the State Government Article shall become a final order of the Commissioner. 32
HOUSE BILL 299 7

(j) Any party aggrieved by a final order of the Commissioner under subsection (i) 1
of this section may seek judicial review and appeal under §§ 10–222 and 10–223 of the State 2
Government Article. 3

(K) A GENERAL CONTRACTOR O N A PROJECT FOR CONS TRUCTION 4
SERVICES, INCLUDING A PROJECT CONTRACTED FOR BY A PUBLIC BODY, IS SUBJECT 5
TO CITATION AND JOINTLY AND SEVERALL Y LIABLE FOR A VIOLA TION OF THIS 6
SUBTITLE THAT IS COMMITTED BY A SUBCONTRACTOR, REGARDLESS OF WHETHER 7
THE SUBCONTRACTOR IS IN A DIRECT CONTRACT UAL RELATIONSHIP WIT H THE 8
GENERAL CONTRACTOR. 9

3–908. 10

(a) An employer in violation of § 3 –903 of this subtitle who comes into timely 11
compliance with all applicable labor laws as required by § 3–907(b) of this subtitle may not 12
be assessed a civil penalty. 13

(b) (1) An employer in violation of § 3 –903 of this subtitle who fails to come 14
into timely compliance with all applicable labor laws as required by § 3 –907(b) of this 15
subtitle shall be assessed a civil penalty of up to $1,000 for each employee for whom the 16
employer is not in compliance , ONE–THIRD OF WHICH IS PA YABLE DIRECTLY TO TH E 17
INDIVIDUAL AFFECTED BY THE EMPLOYER ’S VIOLATION , IN ADDITION TO ANY 18
OTHER RESTITUTION OR BENEFIT TO WHICH THE INDIVIDUAL MAY BE ENTITLED 19
UNDER THIS SUBTITLE. 20

(2) In determining the amount of the penalty, the Commissioner shall 21
consider the factors set forth in § 3–909(b) of this subtitle. 22

(c) (1) An employer may be assessed civil penalties under this section by only 23
one fi nal order of a court or administrative unit for the same actions constituting 24
noncompliance with applicable labor laws as required by § 3–907(b) and (c) of this subtitle. 25

(2) Notwithstanding paragraph (1) of this subsection, an employer may be 26
ordered to make restitution, pay any interest due, and otherwise comply with all applicable 27
laws and regulations by multiple final orders of a court and all relevant administrative 28
units, including the Comptroller, the Office of Unemployment Insurance, the Insuranc e 29
Administration, and the Workers’ Compensation Commission. 30

(d) Any penalty issued under this section against an employer shall be in effect 31
against any successor corporation or business entity that: 32

(1) has one or more of the same principals or offic ers as the employer 33
against whom the penalty was assessed; and 34

(2) is engaged in the same or equivalent trade or activity. 35
8 HOUSE BILL 299

3–909. 1

(a) An employer found to have knowingly failed to properly classify an individual 2
in violation of § 3–904 of this subtitle shall be assessed a civil penalty of up to $10,000 for 3
each employee who was not properly classified , ONE–THIRD OF WHICH IS PA YABLE 4
DIRECTLY TO THE INDI VIDUAL AFFECTED BY T HE EMPLOYER ’S VIOLATION , IN 5
ADDITION TO ANY OTHER RESTITUTION OR BENEFIT TO WHICH THE INDIVIDUAL MAY 6
BE ENTITLED UNDER THIS SUBTITLE. 7

(b) In determining the amount of the penalty, the Commissioner or the 8
administrative law judge shall consider: 9

(1) the gravity of the violation; 10

(2) the size of the employer’s business; 11

(3) the employer’s good faith; 12

(4) the employer’s history of violations under this subtitle; and 13

(5) whether the employer: 14

(i) has been found, by a court or an administrative unit, to have 15
deprived the employee of any rights to which the employee would have been entitled under 16
a State protective labor law, including but not limited to: 17

1. any provision of this article; 18

2. the State prevailing wage law, under §§ 17 –221 and 19
17–222 of the State Finance and Procurement Article; or 20

3. the living wage law, under § 18 –108 of the State Finance 21
and Procurement Article; and 22

(ii) has made restitution and come into compliance with all such 23
State protective labor laws with respect to the employee. 24

(c) If the court or an administrative unit deter mines that an individual or class 25
of individuals is entitled to restitution as a result of the employer’s violation of § 3 –904 of 26
this subtitle, the court or administrative unit: 27

(1) shall award each individual any restitution to which the individual may 28
be entitled; and 29

(2) may award each individual an additional amount up to three times the 30
amount of such restitution. 31
HOUSE BILL 299 9

(d) An employer in violation of § 3–904 of this subtitle may be assessed double the 1
administrative penalties set forth in subsection (a) of this section if the employer has been 2
found previously to have violated this subtitle by a final order of a court or an 3
administrative unit. 4

(e) An employer who has been found by a final order of a court or an 5
administrative unit to have violate d § 3 –904 of this subtitle three or more times may be 6
assessed an administrative penalty of up to $20,000 for each employee. 7

(f) (1) An employer may be assessed civil penalties under this section or § 8
8–201.1 or § 9–402.1 of this article by only one final order of a court or administrative unit 9
for the same actions constituting a violation of this subtitle. 10

(2) Notwithstanding paragraph (1) of this subsection, an employer may be 11
ordered to make restitution, pay any interest due, and otherwise comply with all applicable 12
laws and regulations by orders of a court and all relevant administrative units, including 13
the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, 14
and the Workers’ Compensation Commission. 15

(g) Any penalty issued under this section against an employer shall be in effect 16
against any successor corporation or business entity that: 17

(1) has one or more of the same principals or officers as the employer 18
against whom the penalty was assessed, unless the principa l or officer did not or with the 19
exercise of reasonable diligence could not know of the violation for which the penalty was 20
imposed; and 21

(2) is engaged in the same or equivalent trade or activity. 22

3–910. 23

(a) As authorized by State and federal law, un its within the Maryland 24
Department of Labor and the Department of Budget and Management, the Secretary of 25
State, the Comptroller, the Maryland Insurance Administration, THE OFFICE OF THE 26
ATTORNEY GENERAL, and other State agencies shall cooperate and share information 27
concerning any suspected failure to properly classify an individual as an employee. 28

(b) On a showing by clear and convincing evidence that a violation of § 3 –904 of 29
this subtitle has occurred and as authorized by federal and State law, the Co mmissioner 30
shall refer any complaint that alleges a violation of § 13 –1007 or § 13 –1024 of the Tax – 31
General Article to the: 32

(1) Comptroller; 33

(2) State’s Attorney with jurisdiction over the alleged violation; 34

10 HOUSE BILL 299

(3) U.S. Department of Justice; 1

(4) U.S. Department of Labor; and 2

(5) U.S. Department of the Treasury. 3

(C) (1) TO EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 4
SUBSECTION, TO ASSIST IN THE ENFORC EMENT OF THIS SUBTIT LE, THE 5
COMMISSIONER AND THE ATTORNEY GENERAL, OR THEIR DESIGNEES, SHALL MEET 6
AT LEAST MONTHLY TO SHARE INFORMATION ON A MONTHLY BASIS CONCERNING 7
MATTERS ARISING UNDER THIS SUBTITLE, TITLE 8 OF THE GENERAL PROVISIONS 8
ARTICLE, AND TITLES 16 AND 18 AND TITLE 17, SUBTITLE 2 OF THE STATE 9
FINANCE AND PROCUREMENT ARTICLE, INCLUDING AT A MINIMUM: 10

(I) THE CONTENT OF COMPL AINTS OR REFERRALS R ECEIVED 11
CONCERNING POTENTIAL VIOLATIONS AND ACTIONS TAKEN; AND 12

(II) THE STATUS OF INVEST IGATIONS INITIATED , INCLUDING 13
ANY DETERMINATION OF MERIT OR RECOVERY SOUGHT OR OBTAINED. 14

(2) THE COMMISSIONER SHALL REFER TO THE ATTORNEY GENERAL 15
ANY COMPLAINT OR REF ERRAL ARISING UNDER THIS SUBTITLE FOR WH ICH THE 16
COMMISSIONER HAS: 17

(I) NOT INITIATED AN INV ESTIGATION WITHIN 6 MONTHS 18
AFTER RECEIPT; 19

(II) DECLINED TO INVESTIGATE; OR 20

(III) NOT ISSUED A CITATION OR HAS CLOSED AN INVESTIGATION 21
IN ACCORDANCE WITH § 3–906(A) OF THIS SUBTITLE DUE TO A FINDING OF NO 22
MERIT. 23

(3) (I) IN A MATTER REFERRED TO THE ATTORNEY GENERAL 24
UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE ATTORNEY GENERAL MAY 25
EXERCISE THE COMMISSIONER’S INVESTIGATIVE POWE RS, INCLUDING SUBPOENA 26
POWERS, PROVIDED UNDER THIS SUBTITLE. 27

(II) IF, AFTER AN INVESTIGATI ON, THE ATTORNEY GENERAL 28
FINDS A MATTER TO BE MERITORIOUS, THE ATTORNEY GENERAL SHALL PROVIDE 29
NOTICE TO AND CONSULT WITH THE COMMISSIONER, AFTER WHICH THE ATTORNEY 30
GENERAL MAY BRING AN ACTION FOR: 31

HOUSE BILL 299 11

1. THE IMPOSITION OF CIVIL PENALTIES UNDER § 3–908 1
OR § 3–909 OF THIS SUBTITLE; OR 2

2. THE RELIEF DESCRIBED UNDER § 3–911(C) OF THIS 3
SUBTITLE. 4

(4) THE EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 5
SUBSECTION, THE COMMISSIONER AND THE ATTORNEY GENERAL SHALL 6
COOPERATE IN THE INV ESTIGATION OF ANY MA TTER ARISING UNDER T HIS 7
SUBTITLE THAT IS OF UNUSUAL SCOPE OR COMPLEXITY OR INVOLVES A NOVEL OR 8
COMPLEX LEGAL ISSUE. 9

(5) (I) THE ATTORNEY GENERAL MAY NOT BE CO MPELLED TO 10
SHARE INFORMATION REGARDING, OR TO COOPERATE IN THE INVESTIGATION OF, A 11
CIVIL ACTION FILED UNDER SEAL IN ACCORDANCE WITH § 8–104 OF THE GENERAL 12
PROVISIONS ARTICLE. 13

(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NO T 14
PROHIBIT THE ATTORNEY GENERAL FROM BEING CO MPELLED TO COOPERATE IN 15
AN INVESTIGATION OF A CIVIL ACTION IF TH E ATTORNEY GENERAL HAS 16
INTERVENED AND PROCE EDED WITH THE ACTION UNDER § 8–104(A)(6)(I) OF THE 17
GENERAL PROVISIONS ARTICLE. 18

3–911. 19

(a) (1) Except as provided in paragraph (2) of this subsection, an individual 20
who has not been properly classified as an employee may bring a civil action for economic 21
damages against the employer for any violation of this subtitle. 22

(2) An individual may not bring a civil action under this section if a final 23
order of an administrative unit or of a court has been issued under § 3–906 of this subtitle. 24

(b) An action filed under this section shall be filed within 3 years after the date 25
the cause of action accrues. 26

(c) If the court determines that an individual or class of individuals is entitled to 27
judgment in an action against an employer filed in accordance with this section, the court 28
may award each individual: 29

(1) any damages to which the individual may be entitled under subsection 30
(a) of this section; 31

(2) an additional amount up to three times the amount of any such 32
damages, if the employer knowingly failed to properly classify the individual; 33

12 HOUSE BILL 299

(3) reasonable counsel fees and other costs of the action; and 1

(4) any other appropriate relief. 2

3–912. 3

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5

(2) “LICENSE” MEANS A LICENSE , CERTIFICATE, REGISTRATION, 6
PERMIT, OR OTHER AUTHORIZATION THAT: 7

(I) IS ISSUED BY A LICENSING AUTHORITY; 8

(II) IS SUBJECT TO SUSPEN SION, REVOCATION, FORFEITURE, 9
OR TERMINATION BY A LICENSING AUTHORITY; AND 10

(III) IS NECESSARY FOR A P ERSON TO PRACTICE OR ENGAGE IN 11
A PARTICULAR BUSINESS, OCCUPATION, OR PROFESSION. 12

(3) “LICENSEE” MEANS AN EMPLOYER HOLDING A VALID LICENSE. 13

(4) (I) “LICENSING AUTHORITY” MEANS A UNIT OF THE DIVISION 14
OF OCCUPATIONAL AND PROFESSIONAL LICENSING IN THE MARYLAND 15
DEPARTMENT OF LABOR. 16

(II) “LICENSING AUTHORITY” INCLUDES: 17

1. THE ELEVATOR SAFETY REVIEW BOARD; 18

2. THE MARYLAND HOME IMPROVEMENT COMMISSION; 19

3. THE STATE BOARD OF ELECTRICIANS; 20

4. THE STATE BOARD OF HEATING, VENTILATION, 21
AIR–CONDITIONING, AND REFRIGERATION CONTRACTORS; 22

5. THE STATE BOARD OF PLUMBING; 23

6. THE MARYLAND BOARD OF PUBLIC ACCOUNTANCY; 24
AND 25

7. THE MARYLAND BOARD OF INDIVIDUAL TAX 26
PREPARERS. 27
HOUSE BILL 299 13

(B) (1) THE COMMISSIONER SHALL NOTIFY THE APPLICABLE LICENSING 1
AUTHORITY WHEN A LIC ENSEE IS FOUND IN VI OLATION OF § 3–903 OF THIS 2
SUBTITLE BY A FINAL ORDER OF A COURT OR AN ADMINISTRATIVE UNIT AND THE 3
LICENSEE: 4

(I) HAS NOT PAID ALL PEN ALTIES ASSESSED UNDE R THIS 5
SUBTITLE FOR A VIOLATION OF § 3–903 OF THIS SUBTITLE; AND 6

(II) WITHIN 45 DAYS AFTER ISSUANCE OF THE FINAL ORDER OF 7
A COURT OR ADMINISTR ATIVE UNIT , HAS FAILED TO COMPLY WITH THE F INAL 8
ORDER ISSUED , INCLUDING PAYMENT OF RESTITUTION OWED , IN ACCORDANCE 9
WITH § 3–907 OF THIS SUBTITLE FOR FAILING TO PROPERLY CLASSIFY AN 10
EMPLOYEE. 11

(2) THE COMMISSIONER SHALL NOTIFY THE APPLICABLE LICENSING 12
AUTHORITY WHEN A LIC ENSEE IS FOUND IN VIOLATIO N OF § 3–904 OR § 3–915 OF 13
THIS SUBTITLE BY A FINAL ORDER OF A COURT OR AN ADMINISTRATIVE UNIT. 14

(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION , IF A LICENSING 15
AUTHORITY RECEIVES A NOTIFICATION MADE UN DER SUBSECTION (B) OF THIS 16
SECTION, THE LICENSING AUTHORITY SHALL SUSPEND OR REVOKE THE LICENSE OF 17
THE LICENSEE. 18

(D) (1) BEFORE SUSPENDING OR REVOKING A LICENSE U NDER 19
SUBSECTION (C) OF THIS SECTION, A LICENSING AUTHORITY SHALL SEND WRITTEN 20
NOTICE OF THE PROPOSED ACTION TO THE LIC ENSEE WHOSE LICENSE IS SUBJECT 21
TO SUSPENSION OR REVOCATION, INCLUDING NOTICE OF THE LICENSEE’S RIGHT TO 22
CONTEST THE IDENTITY OF THE LICENSEE WHOSE LICENSE IS TO BE SUSPENDED OR 23
REVOKED. 24

(2) (I) A LICENSEE MAY APPEAL A DECISION OF A LICE NSING 25
AUTHORITY TO SUSPEND OR REVOKE THE LICENSE IN ACCORDANCE WITH TITLE 10, 26
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 27

(II) AT A HEARING INITIATE D UNDER SUBPARAGRAPH (I) OF 28
THIS PARAGRAPH, THE ISSUE SHALL BE LIMITED TO WHETHER THE COMMISSIONER 29
HAS MISTAKEN THE IDE NTITY OF TH E LICENSEE WHOSE LIC ENSE HAS BEEN 30
SUSPENDED OR REVOKED. 31

(E) (1) A LICENSING AUTHORITY MAY NOT REINSTATE A LICENSE THAT 32
HAS BEEN SUSPENDED O R REVOKED UNDER SUBS ECTION (C) OF THIS SECTION 33
BASED ON A NOTIFICAT ION MADE UNDER SUBSE CTION (B)(1) OF THIS SECTION 34
14 HOUSE BILL 299

UNTIL THE COMMISSIONER PROVIDES NOTICE TO THE LICENS ING AUTHORITY IN 1
ACCORDANCE WITH PARAGRAPH (2) OF THIS SUBSECTION. 2

(2) THE COMMISSIONER SHALL NOTIFY THE LICENSING A UTHORITY 3
WITHIN 10 DAYS AFTER THE COMMISSIONER FIRST RECEIVES: 4

(I) A COURT ORDER TO REINSTATE THE LICENSE; OR 5

(II) WITH RESPECT TO A LICENSEE WHO IS SUBJECT TO A FINAL 6
ORDER OF A COURT OR AN ADMINISTRATIVE UN IT TO PAY PENALTIES OR 7
RESTITUTION FOR A VI OLATION OF § 3–903 OF THIS SUBTITLE , NOTICE THAT THE 8
LICENSEE HAS COMPLIE D WITH T HE ORDER AND PAID AL L PENALTIES AND 9
RESTITUTION IN FULL. 10

(3) A LICENSING AUTHORITY SHALL IMMEDIATELY RE INSTATE ANY 11
LICENSE SUSPENDED OR REVOKED UNDER SUBSECTION (C) OF THIS SECTION IF: 12

(I) NOTIFIED BY THE COMMISSIONER THAT THE LICENSE 13
SHOULD BE REINSTATED; AND 14

(II) THE LICENSEE OTHERWISE QUALIFIES FOR THE LICENSE. 15

(4) A LICENSING AUTHORITY MAY NOT REINSTATE A LICENSE THAT 16
HAS BEEN SUSPENDED O R REVOKED UNDER SUBS ECTION (C) OF THIS SECTION 17
BASED ON A NOTIFICATION UNDER SUBSECTION (B)(2) OF THIS SECTION UNTIL: 18

(I) THE INDIVIDUAL WHOSE LICENSE HAS BEEN REV OKED OR 19
SUSPENDED SUBMITS A WRITTEN REQUEST TO THE LICENSING AUTHORITY; 20

(II) THE LICENSING AUTHOR ITY HOLDS A HEARING ON THE 21
REQUEST; 22

(III) THE LICENSING AUTHORITY, BY AN AFFIRMATIVE VOTE OF 23
A MAJORITY OF ITS MEMBERS: 24

1. DETERMINES THAT THE INDIVIDUAL HAS 25
DEMONSTRATED BY A PREPONDERANCE OF THE EVIDENCE THAT ANY CONDITIONS 26
OF THE SUSPENSION OR REVOCATION HAVE BEEN FULFILLED; AND 27

2. VOTES TO REINSTATE THE LICENSE; AND 28

(IV) THE INDIVIDUAL PAYS TO THE LICENSING AUT HORITY ANY 29
REINSTATEMENT FEE SET BY THE LICENSING AUTHORITY. 30
HOUSE BILL 299 15

(F) (1) ADVERSE LICENSING ACTIONS TAKEN UNDER THIS SECTION MAY 1
BE IMPOSED IN ADDITION TO ANY OTHER ACTIONS TAKEN IN THE ENFORCEMENT OF 2
THIS SUBTITLE. 3

(2) ADVERSE LICENSING ACT IONS TAKEN UNDER THI S SECTION 4
SHALL BE IN EFFECT AGAINST: 5

(I) ANY SUCCESSOR CORPORATION OR BUSINESS ENTITY THAT: 6

1. HAS ONE OR MORE OF T HE SAME PRINCIPALS O R 7
OFFICERS AS THE LICE NSEE AGAINST WHOM TH E ADVERSE ACTION WAS TAKEN 8
UNLESS THE PRINCIPAL OR OFFICER DID NOT O R, WITH THE EXERCISE OF 9
REASONABLE DILIGENCE, COULD NOT HAVE KNOWN OF THE VIOLATION FOR WHICH 10
THE ADVERSE ACTION WAS TAKEN; AND 11

2. IS ENGAGED IN OR INTENDS TO ENGAGE IN THE SAME 12
OR EQUIVALENT TRADE OR ACTIVITY; AND 13

(II) ANY INDIVIDUAL LICEN SEE THAT WAS AN OFFI CER, A 14
DIRECTOR, A CONTROLLING SHAREH OLDER, A PARTNER, OR A MANAGER OF THE 15
EMPLOYER AGAINST WHO M THE ADVERSE ACTION WAS TAKEN UNLESS THE 16
OFFICER, DIRECTOR, CONTROLLING SHAREHOLDER, PARTNER, OR MANAGER DID 17
NOT OR, WITH THE EXERCISE OF REASONABLE DILIGENCE, COULD NOT HAVE KNOWN 18
OF THE VIOLATION FOR WHICH THE ADVERSE ACTION WAS TAKEN. 19

3–913. 20

(a) Where, after investigation, the Commissioner issues a citation for a knowing 21
violation of this subtitle or regulations adopted under this subtitle by an employer engaged 22
in work on a contract with a public body, the Commissioner shall promptly notify the public 23
body AND THE GENERAL CONTRACTOR. 24

(b) (1) On notification, the public body shall withhold fro m payment due the 25
employer an amount that is sufficient to: 26

(i) pay restitution to each employee for the full amount of wages 27
due; and 28

(ii) pay any benefits, taxes, or other contributions that are required 29
by law to be paid on behalf of the employee. 30

(2) The public body shall release: 31

16 HOUSE BILL 299

(i) on issuance of a favorable final order of a court or an 1
administrative unit, the full amount of the withheld funds; and 2

(ii) on an adverse final order of a court or an administrative unit, the 3
balance of the withheld funds after all obligations are satisfied under paragraph (1) of this 4
subsection. 5

Article – State Finance and Procurement 6

16–203. 7

(a) A person may be debarred from entering into a contract with the State if the 8
person, an officer, partner, controlling stockholder or principal of that person, or any other 9
person substantially involved in that person’s contracting activities has: 10

(9) been found to have REPEATEDLY OR willfully or knowingly violated 11
Title 17, Subtitle 2 or Title 18 of this article if: 12

(i) 1. the finding was made by a court; and 13

2. the decision of the court became final; or 14

(ii) 1. the finding was made IN ACCORDANCE WITH A FINAL 15
ADMINISTRATIVE ORDER OR in a contested case under the Administrative Procedure Act; 16
and 17

2. IF MADE IN A CONTEST ED CASE , the finding was not 18
overturned on judicial review; 19

(10) been found to have REPEATEDLY OR willfully or knowingly violated 20
Title 3, Subtitle 3, Subtitle 4, [or] Subtitle 5, OR SUBTITLE 9 or Title 5 of the Labor and 21
Employment Article if: 22

(i) 1. the finding was made by a court; and 23

2. the decision of the court became final; or 24

(ii) 1. the finding was made IN ACCORDANCE WITH A FINAL 25
ADMINISTRATIVE ORDER OR in a contested case under the Administrative Procedure Act; 26
and 27

2. IF MADE IN A CONTEST ED CASE , the finding was not 28
overturned on judicial review; 29

17–221. 30

HOUSE BILL 299 17

(g) If after investigation, the Commissioner determines that a provision of this 1
subtitle may have been violated and has not issued a stop work order in accordance with 2
subsection (e) of this section, the Commissioner: 3

(1) shall: 4

[(1)] (I) issue an order for a hearing within 30 days after completing an 5
investigation; and 6

[(2)] (II) expeditiously conduct the hearing; OR 7

(2) MAY REFER THE MATTER TO THE ATTORNEY GENERAL TO FILE A 8
CIVIL ACTION IN ACCORDANCE WITH § 17–224 OF THIS SUBTITLE. 9

17–224. 10

(a) (1) If an employee under a public work contract is paid less than the 11
prevailing wage rate for that employee’s classification for the work performed, the employee 12
may file a complaint with the Commissioner. 13

(2) Except as otherwise provided in this section, a complaint filed under 14
this section shall be subject to the provisions of § 17–221 of this subtitle. 15

(3) If the Commissioner’s investigation determines that the employer 16
violated provisions of this subtitle, the Commissioner shall try to resolve the issue 17
informally. 18

(4) (i) If the Commissioner is unable to resolve the matter informally, 19
the Commissioner [shall] MAY: 20

1. issue an order for a hearing in accordance with § 21
17–221 of this subtitle; OR 22

2. REFER THE MATTER TO THE ATTORNEY GENERAL TO 23
FILE A CIVIL ACTION IN ACCORDANCE WITH THIS SECTION. 24

(ii) If, at the conclusion of a hearing ordered under subparagraph 25
[(i)] (I)1 of this paragraph, the Commissioner determines that the employee is entitled to 26
restitution under this subtitle, the Commissioner shall issue an order in accordance with § 27
17–221 of this subtitle. 28

(iii) If an employer of an employee found to be entitled to restitution 29
under subparagraph (ii) of this paragraph is no longer working under a contract with a 30
public body, the Commissioner may order that restitution be paid directly by the employer 31
to the employee within a reasonable period of time, as determined by the Commissioner. 32

18 HOUSE BILL 299

(5) If an employer fails to comply with an order to pay restitution to an 1
employee under paragraph (4)(iii) of this subsection, the Commissioner or the employee 2
may bring a civil action to enforce the order in the circuit court in the county where the 3
employee or employer is located. 4

(b) (1) If an employee under a public work contract is paid less than the 5
prevailing wage rate for that employee’s classification for the work performed, the 6
employee, OR THE COMMISSIONER ON BEHALF OF THE EMPLOYEE, is entitled to sue to 7
recover the difference between the prevailing wage rate and the amount received by the 8
employee. 9

(2) AN EMPLOYEE BRINGING SUIT UNDER THIS SUBS ECTION SHALL 10
SERVE A COPY OF THE COMPLAINT ON THE COMMISSIONER. 11

(3) A determination by the Commissioner that a contractor is required to 12
make restitution under subsection (a)(4) of this section does not preclude an employee from 13
filing an action under this subsection. 14

(c) (1) An action under this section is considered to be a suit for wages. 15

(2) A judgment in an action under this section shall have the same force 16
and effect as any other judgment for wages. 17

(3) An action brought under this section for a violation of this subtitle shall 18
be filed within 3 years from the date the affected employee knew or should have known of 19
the violation. 20

(d) (1) The failure of an employee to protest orally or in writing the payment 21
of a wage that is less than the prevailing wage rate is not a bar to recovery in an action 22
under this section. 23

(2) A contract or other written document in which an employee states that 24
the employee shall be paid less than the amount required by this subtitle does not bar the 25
recovery of any remedy required under this subtitle. 26

(e) (1) Except as provided in paragraph (3) of this subsection, if the court in an 27
action filed under this section finds that an employer paid an employee less than t he 28
requisite prevailing wage, the court shall award the affected employee the difference 29
between the wage actually paid and the prevailing wage at the time that the services were 30
rendered. 31

(2) (i) Subject to subparagraph (ii) of this paragraph, unpaid f ringe 32
benefit contributions owed for an employee in accordance with this section shall be paid to 33
the appropriate benefit fund, plan, or program. 34

(ii) In the absence of an appropriate benefit fund, plan, or program, 35
the amount owed for fringe benefits for an employee shall be paid directly to the employee. 36
HOUSE BILL 299 19

(3) The court may order the payment of double damages or treble damages 1
under this section if the court finds that the employer withheld wages or fringe benefits 2
willfully and knowingly or with deliberate ignorance or reckless disregard of the employer’s 3
obligations under this subtitle. 4

(4) IN ADDITION TO ANY RELIEF PROVIDED UNDER PARAGRAPHS (1) 5
THROUGH (3) OF THIS SUBSECTION, THE COMMISSIONER IS ENTITLED TO AN AWARD 6
OF LIQUIDATED DAMAGES IN ACCORDANCE WITH § 17–222 OF THIS SUBTITLE. 7

[(4)] (5) In an action under this section, the court shall award a prevailing 8
plaintiff reasonable counsel fees and costs. 9

[(5)] (6) If the court finds that an employee submitted a false or 10
fraudulent claim in an action under this section, the court may order the employee to pay 11
the employer reasonable counsel fees and costs. 12

[(6)] (7) The contractor and subcontractor shall be jointly and severally 13
liable for any violation of the subcontractor’s obligations under this section. 14

(f) (1) Subject to paragraph (2) of this subsection, an action filed in accordance 15
with this section may be brought by: 16

(I) one or more employees on behalf of: 17

1. that employee or group of employees; and [on behalf of] 18

2. other employees similarly situated; OR 19

(II) THE COMMISSIONER ON BEHALF OF: 20

1. ONE OR MORE EMPLOYEES; OR 21

2. ONE OR MORE EMPLOYEE S AND OTHER EMPLOYEE S 22
SIMILARLY SITUATED. 23

(2) An employee may not be a party plaintiff to an action brought under 24
this section unless that employee files written consent with the court in which the action is 25
brought to become a party to the action. 26

(g) (1) A person found to have made a false or fraudulent representation or 27
omission known to be false or made wi th deliberate ignorance or reckless disregard for its 28
truth or falsity regarding a material fact in connection with any prevailing wage payroll 29
record required by § 17 –220 of this subtitle is liable for a civil penalty of $1,000 for each 30
falsified record. 31
20 HOUSE BILL 299

(2) The penalty shall be recoverable in a civil action filed in accordance 1
with this section and paid to the State General Fund. 2

(h) (1) An employer may not discharge, threaten, or otherwise retaliate or 3
discriminate against an employee regarding compensation or other terms and conditions of 4
employment because that employee or an organization or other person acting on behalf of 5
that employee: 6

[(1)] (I) reports or makes a complaint under this subtitle or otherwise 7
asserts the worker’s rights under this section; or 8

[(2)] (II) participates in any investigation, hearing, or inquiry held by the 9
Commissioner under § 17–221 of this subtitle. 10

(2) IF A VIOLATION OF THIS SUBSECTION IS FOUND AFTER A HEARING 11
UNDER § 17–221 OF THIS SUBTITLE, RELIEF SHALL BE AWARDED TO THE EMPLOYEE 12
AS DESCRIBED IN SUBSECTION (I)(4)(I) AND (II) OF THIS SECTION. 13

(i) (1) A contractor or subcontractor may not retaliate or discriminate against 14
an employee in violation of this section. 15

(2) If a contractor or subcontractor reta liates or discriminates against an 16
employee in violation of this section, the affected employee OR THE COMMISSIONER ON 17
BEHALF OF THE EMPLOY EE may file an action in any court of competent jurisdiction 18
within 3 years from the employee’s knowledge of the action. 19

(3) AN EMPLOYEE BRINGING SUIT UNDER THIS SUBS ECTION SHALL 20
SERVE A COPY OF THE COMPLAINT ON THE COMMISSIONER. 21

(4) If the court finds in favor of the employee in an action brought under 22
this subsection, the court shall order that the contractor or subcontractor: 23

(i) reinstate the employee or provide the employee restitution, as 24
appropriate; 25

(ii) pay the employee an amount equal to three times the amount of 26
back wages and fringe benefits calculated from the date of the violation; and 27

(iii) pay reasonable counsel fees and other costs. 28

(J) (1) TO EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 29
SUBSECTION, TO ASSIST IN THE ENFORC EMENT OF THIS SUBTIT LE, THE 30
COMMISSIONER AND THE ATTORNEY GENERAL, OR THEIR DESIGNEES, SHALL MEET 31
AT LEAST MONTHLY TO SHARE INFORMATION ON A MONTHLY BASIS CONCERNING 32
MATTERS ARISING UNDER THIS SUBTITLE, TITLE 8 OF THE GENERAL PROVISIONS 33
HOUSE BILL 299 21

ARTICLE, TITLE 3, SUBTITLE 9 OF THE LABOR AND EMPLOYMENT ARTICLE, AND 1
TITLES 16 AND 18 OF THIS ARTICLE, INCLUDING AT A MINIMUM: 2

(I) THE CONTENT OF COMPL AINTS OR REFERRALS R ECEIVED 3
CONCERNING POTENTIAL VIOLATIONS AND ACTIONS TAKEN; AND 4

(II) THE STATUS OF INVEST IGATIONS INITIATED , INCLUDING 5
ANY DETERMINATION OF MERIT OR RECOVERY SOUGHT OR OBTAINED. 6

(2) THE COMMISSIONER SHALL REFER TO THE ATTORNEY GENERAL 7
ANY COMPLAINT OR REF ERRAL ARISING UNDER THIS SUBTITLE FOR WH ICH THE 8
COMMISSIONER HAS: 9

(I) NOT INITIATED AN INV ESTIGATION WITHIN 6 MONTHS 10
AFTER RECEIPT; 11

(II) DECLINED TO INVESTIGATE; OR 12

(III) FOUND TO BE WITHOUT MERIT. 13

(3) (I) IN A MATTER REFERRED TO THE ATTORNEY GENERAL 14
UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE ATTORNEY GENERAL MAY 15
EXERCISE THE COMMISSIONER’S INVESTIGATIVE POWE RS, INCLUDING SUBPOENA 16
POWERS, PROVIDED UNDER THIS SUBTITLE. 17

(II) IF, AFTER AN INVESTI GATION, THE ATTORNEY GENERAL 18
FINDS A MATTER TO BE MERITORIOUS, THE ATTORNEY GENERAL SHALL PROVIDE 19
NOTICE TO AND CONSULT WITH THE COMMISSIONER, AFTER WHICH THE ATTORNEY 20
GENERAL MAY FILE A CIVIL ACTION IN THE SAME MANNER AS THE COMMISSIONER 21
UNDER THIS SECTION. 22

(4) THE EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 23
SUBSECTION, THE COMMISSIONER AND THE ATTORNEY GENERAL SHALL 24
COOPERATE IN THE INV ESTIGATION OF ANY MA TTER ARISING UNDER T HIS 25
SUBTITLE THAT IS OF UNUSUAL SCOPE OR COMPLEXITY OR INVOLVES A NOVEL OR 26
COMPLEX LEGAL ISSUE. 27

(5) (I) THE ATTORNEY GENERAL MAY NOT BE CO MPELLED TO 28
SHARE INFORMATION REGARDING, OR TO COOPERATE IN THE INVESTIGATION OF, A 29
CIVIL ACTION FILED UNDER SEAL IN ACCORDANCE WITH § 8–104 OF THE GENERAL 30
PROVISIONS ARTICLE. 31

22 HOUSE BILL 299

(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT 1
PROHIBIT THE ATTORNEY GENERAL FROM BEING CO MPELLED TO COOPERATE IN 2
AN INVESTIGATION OF A CIVIL ACTION IF TH E ATTORNEY GENERAL HAS 3
INTERVENED AND PROCE EDED WITH THE ACTION UNDER § 8–104(A)(6)(I) OF THE 4
GENERAL PROVISIONS ARTICLE. 5

18–107. 6

(a) Within 30 days after a complaint is filed, the Commissioner shall investigate 7
the complaint in accordance with this title. 8

(b) A written or oral complaint or statement made by an employee under this title 9
is confidential and may not be disclosed to the employer without the consent of the 10
employee. 11

(c) An employer subject to this title shall allow the Commissioner or the 12
Commissioner’s designee access to a work site and payroll records, and allow an 13
opportunity to interview employees for purposes of enforcing this title. 14

(d) (1) Within 30 days after completing an investigation, the Commissioner 15
shall: 16

(I) issue an order for a hearing; OR 17

(II) REFER THE MATTER TO THE ATTORNEY GENERAL TO FILE 18
A CIVIL ACTION IN ACCORDANCE WITH § 18–109 OF THIS TITLE. 19

(2) Within 30 days before the hearing, the Commissioner shall serve, 20
personally or by mail, written notice of the hearing on all interested parties. 21

(3) The notice shall include: 22

(i) a statement of facts disclosed in the investigation; and 23

(ii) the time and place of the hearing. 24

(4) In conducting a hearing, the Commissioner may: 25

(i) subpoena witnesses; 26

(ii) administer oaths; and 27

(iii) compel the production of records, books, papers, and other 28
evidence. 29

HOUSE BILL 299 23

(e) (1) Within 30 days after the conclusion of the hearing, the Commissioner 1
shall: 2

(i) issue a determination; and 3

(ii) serve, personally or by mail, each interested party with a copy of 4
the determination. 5

(2) If the Commission er finds a violation of this title, the Commissioner 6
shall determine the amount of restitution and liquidated damages to be assessed under § 7
18–108 of this title. 8

(3) On receipt of the determination, the employer shall pay the affected 9
employees the amount due in accordance with the Commissioner’s determination. 10

18–109. 11

(a) (1) If an employee was paid less than the wage rate required under this 12
title the employee, OR THE COMMISSIONER ON BEHALF OF THE EMPLOYEE AND ANY 13
OTHER EMPLOYEES SIMILARLY SITUATED, is entitled to sue to recover the amount of 14
the difference between the wage rate required under this title and the amount received by 15
the employee. 16

(2) A determination by the Commissioner that an employer is required to 17
make restitution does not preclude an employee from filing an action under this section. 18

(3) IN AN ACTION BROUGHT BY THE COMMISSIONER, THE 19
COMMISSIONER IS ENTITLED TO RECOVER LIQUIDATED DAMAGES AS PROVIDED IN 20
§ 18–108 OF THIS TITLE. 21

(4) AN EMPLOYEE BRINGING SUIT UNDER THIS SECT ION SHALL 22
SERVE A COPY OF THE COMPLAINT ON THE COMMISSIONER. 23

(b) (1) An action under this section is considered to be a suit for wages. 24

(2) A judgment in an action under this section shall have the same force 25
and effect as any other judgment for wages. 26

(c) The failure of an employee to protest orally or in writing the payment of a 27
wage that is less than the wage rate required under this title is not a bar to recovery in an 28
action under this section. 29

18–110. 30

(A) TO EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , TO 31
ASSIST IN THE ENFORC EMENT OF THIS TITLE , THE COMMISSIONER AND THE 32
24 HOUSE BILL 299

ATTORNEY GENERAL, OR THEIR DESIGNEES, SHALL MEET AT LEAST MONTHL Y TO 1
SHARE INFORMATION ON A MONTHLY BASIS CONCERNING MATTERS ARISING UNDER 2
THIS TITLE, TITLE 8 OF THE GENERAL PROVISIONS ARTICLE, TITLE 3, SUBTITLE 9 3
OF THE LABOR AND EMPLOYMENT ARTICLE, AND TITLE 16 AND TITLE 17, 4
SUBTITLE 2 OF THIS ARTICLE, INCLUDING AT A MINIMUM: 5

(1) THE CONTENT OF COMPL AINTS OR REFERRALS RECEI VED 6
CONCERNING POTENTIAL VIOLATIONS AND ACTIONS TAKEN; AND 7

(2) THE STATUS OF INVEST IGATIONS INITIATED , INCLUDING ANY 8
DETERMINATION OF MERIT OR RECOVERY SOUGHT OR OBTAINED. 9

(B) THE COMMISSIONER SHALL REFER TO THE ATTORNEY GENERAL ANY 10
MATTER INVOLVING A P OSSIBLE VIOLATION UN DER THIS TITLE FOR W HICH THE 11
COMMISSIONER HAS DECL INED TO INVESTIGATE AND WAS NOT OTHERWIS E 12
REQUIRED TO INVESTIGATE UNDER § 18–107(A) OF THIS TITLE. 13

(C) (1) IN A MATTER REFERRED TO THE ATTORNEY GENERAL UNDER 14
SUBSECTION (B) OF THIS SECTION , THE ATTORNEY GENERAL MAY EXERCISE THE 15
COMMISSIONER’S INVESTIGATIVE POWE RS, INCLUDING SUBPOENA P OWERS, 16
PROVIDED UNDER THIS TITLE. 17

(2) IF, AFTER AN INVESTIGATION, THE ATTORNEY GENERAL FINDS A 18
MATTER TO BE MERITOR IOUS, THE ATTORNEY GENERAL SHALL PROVIDE NOTICE 19
TO AND CONSULT WITH THE COMMISSIONER, AFTER WHICH THE ATTORNEY 20
GENERAL MAY FILE AN A CTION IN THE SAME MA NNER AS THE COMMISSIONER 21
UNDER § 18–109 OF THIS TITLE. 22

(3) THE EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, 23
THE COMMISSIONER AND THE ATTORNEY GENERAL SHALL COOPERA TE IN THE 24
INVESTIGATION OF ANY MATTER ARISING UNDER THIS TITLE THAT IS O F UNUSUAL 25
SCOPE OR COMPLEXITY OR INVOLVES A NOVEL OR COMPLEX LEGAL ISSUE. 26

(D) (1) THE ATTORNEY GENERAL MAY NOT BE CO MPELLED TO SHARE 27
INFORMATION REGARDING OR TO COOPERATE IN THE INVESTIGATION OF A CIVIL 28
ACTION FILED UNDER S EAL IN ACCORDANCE WI TH § 8–104 OF THE GENERAL 29
PROVISIONS ARTICLE. 30

(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT PROHIBIT THE 31
ATTORNEY GENERAL FROM BEING COMPELLED TO COOPERA TE IN AN 32
INVESTIGATION OF A CIVIL ACTION IF THE ATTORNEY GENERAL HAS INTERVENED 33
AND PROCEEDED WITH T HE ACTION UNDER § 8–104(A)(6)(I) OF THE GENERAL 34
PROVISIONS ARTICLE. 35

HOUSE BILL 299 25

SECTION 2. AND IT BE FURTHER ENACTED, That, before October 1, 2026, the 1
Commissioner of Labor and Industry shall hold informational sessions for the purpose of 2
educating persons who have obligations under Title 3, Subtitle 9 of the Labor and 3
Employment Article, including as amended by this Act, and other interested p arties and 4
stakeholders. 5

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2026. 7

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.