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SB0886 • 2026

Consumer Protection and Labor and Employment - Food Service Facilities and Minimum Wage

Consumer Protection and Labor and Employment - Food Service Facilities and Minimum Wage

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Muse
Last action
2026-02-12
Official status
In the Senate - Hearing 3/11 at 1:00 p.m.
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Consumer Protection and Labor and Employment - Food Service Facilities and Minimum Wage

Establishing that every person, as a central component of an individual's right to liberty and equality, has the fundamental right while engaged in employment in the State to be paid at a wage rate that is at least equal to the State minimum wage rate set by law without regard to tips that the individual receives; repealing exemptions from Maryland Wage and Hour Law; specifying the State minimum wage rate and tip credit amount that is in effect for certain time periods; etc.

What This Bill Does

  • Establishing that every person, as a central component of an individual's right to liberty and equality, has the fundamental right while engaged in employment in the State to be paid at a wage rate that is at least equal to the State minimum wage rate set by law without regard to tips that the individual receives; repealing exemptions from Maryland Wage and Hour Law; specifying the State minimum wage rate and tip credit amount that is in effect for certain time periods; etc.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-12 Senate

    Hearing 3/11 at 1:00 p.m.

  2. 2026-02-06 Senate

    First Reading Finance

  3. Maryland General Assembly

    Text - First - Consumer Protection and Labor and Employment - Food Service Facilities and Minimum Wage

Official Summary Text

Establishing that every person, as a central component of an individual's right to liberty and equality, has the fundamental right while engaged in employment in the State to be paid at a wage rate that is at least equal to the State minimum wage rate set by law without regard to tips that the individual receives; repealing exemptions from Maryland Wage and Hour Law; specifying the State minimum wage rate and tip credit amount that is in effect for certain time periods; etc.

Current Bill Text

Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0886*

SENATE BILL 886
K3, P4, L6 CONSTITUTIONAL AMENDMENT 6lr3361
CF HB 1229
By: Senator Muse
Introduced and read first time: February 6, 2026
Assigned to: Finance

A BILL ENTITLED

AN ACT concerning 1

Consumer Protection and Labor and Employment – Food Service Facilities and 2
Minimum Wage 3

FOR the purpose of establishing that every person, as a central component of an 4
individual’s right to liberty and equ ality, has the fundamental right while engaged 5
in employment in the State to be paid at a wage rate that is at least equal to the 6
State minimum wage rate set by law without regard to tips that the individual 7
receives; establishing consumer protections rela ted to service fees charged by food 8
service facilities; repealing exemptions from Maryland Wage and Hour Law; 9
specifying the State minimum wage rate and tip credit amount that is in effect for 10
certain time periods; prohibiting certain employers of tipped e mployees, beginning 11
on a certain date, from including a tip credit amount as part of the employees’ wages; 12
prohibiting an employer that operates a food service facility from charging customers 13
a service fee unless the service fee is distributed to employee s in a certain manner; 14
repealing provisions of law governing the wages required to be paid to certain 15
individuals who are employed to perform work at a heightened security interest 16
location and generally relating to service fees and Maryland Wage and Hour Law. 17

BY repealing 18
Article – Labor and Employment 19
Section 3–103(m) and 3–403; 3–1601 through 3–1611 and the subtitle “Subtitle 16. 20
Secure Maryland Wage Act”; and 5–205(p) 21
Annotated Code of Maryland 22
(2025 Replacement Volume) 23

BY proposing an addition to the Maryland Constitution 24
Declaration of Rights 25
Article 49 26

BY repealing and reenacting, with amendments, 27
Article – Commercial Law 28
2 SENATE BILL 886

Section 13–301(14)(xlvii) 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3

BY repealing and reenacting, without amendments, 4
Article – Commercial Law 5
Section 13–301(14)(xlviii) 6
Annotated Code of Maryland 7
(2025 Replacement Volume) 8

BY adding to 9
Article – Commercial Law 10
Section 13–301(14)(xlix) and 14–1330 11
Annotated Code of Maryland 12
(2025 Replacement Volume) 13

BY repealing and reenacting, without amendments, 14
Article – Labor and Employment 15
Section 3–103(a) 16
Annotated Code of Maryland 17
(2025 Replacement Volume) 18

BY adding to 19
Article – Labor and Employment 20
Section 3–103(e)(7) and 3–718 21
Annotated Code of Maryland 22
(2025 Replacement Volume) 23

BY repealing and reenacting, with amendments, 24
Article – Labor and Employment 25
Section 3–102(a), 3–413, 3–419, and 5–604(b) 26
Annotated Code of Maryland 27
(2025 Replacement Volume) 28

SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND, 29
That Section(s) 3 –103(m); 3 –1601 through 3 –1611 and the subtitle “Subtitle 16. Secure 30
Maryland Wage Act”; and 5 –205(p) of Article – Labor and Employment of the Annotated 31
Code of Maryland be repealed. 32

SECTION 2. AND BE IT FURTHER ENACTED , (Three–fifths of all the members 33
elected to each of the two Houses concurring), That it be proposed that the Maryland 34
Constitution read as follows: 35

Declaration of Rights 36

ARTICLE 49. 37

SENATE BILL 886 3

THAT EVERY PERSON, AS A CENTRAL COMPONENT OF AN INDIVIDUAL’S RIGHT 1
TO LIBERTY AND EQUAL ITY, HAS THE FUNDAMENTAL RIGHT WHILE ENGAGED IN 2
EMPLOYMENT IN THE STATE TO BE PAID AT A WAGE RATE THAT IS AT LEAST EQUAL 3
TO THE STATE MINIMUM WAGE RATE SET BY LAW WITHOU T REGARD TO TIPS THA T 4
THE INDIVIDUAL RECEIVES. THE STATE MAY NOT, DIRECTLY OR INDIRECTLY, DENY, 5
BURDEN, OR ABRIDGE THE RIGHT UNLESS JUSTIFIED BY A COMPELLING STATE 6
INTEREST ACHIEVED BY THE LEAST RESTRICTIVE MEANS. 7

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
as follows: 9

Article – Commercial Law 10

13–301. 11

Unfair, abusive, or deceptive trade practices include any: 12

(14) Violation of a provision of: 13

(xlvii) Title 14, Subtitle 50 of this article; [or] 14

(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 15

(XLIX) SECTION 14–1330 OF THIS ARTICLE; OR 16

14–1330. 17

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19

(2) “FOOD SERVICE FACILITY ” HAS THE MEANING STAT ED IN § 20
21–301 OF THE HEALTH – GENERAL ARTICLE. 21

(3) “SERVICE FEE ” MEANS A FEE ADDED BY A FOOD SERVICE 22
FACILITY TO A CUSTOMER’S TOTAL CHARGE THAT IS SEPARATE FROM: 23

(I) THE PRICE LISTED ON T HE MENU FOR FOOD , DRINKS, OR 24
MERCHANDISE SOLD BY THE FOOD SERVICE FACILITY; AND 25

(II) ANY SALES TAX THE FOOD SERVICE FACILITY IS REQUIRED 26
TO COLLECT. 27

(B) A FOOD SERVICE FACILIT Y MAY NOT CHARGE A S ERVICE FEE UNLESS 28
THE FOOD SERVICE FAC ILITY PROMINENTLY DI SCLOSES TO THE CUSTO MER THE 29
4 SENATE BILL 886

AMOUNT OR PERCENTAGE RATE OF THE SERVICE FEE: 1

(1) ON THE MENU; OR 2

(2) IN A LOCATION THAT IS VISIBLE TO THE CUSTOMER BEFORE THE 3
CUSTOMER PLACES AN ORDER. 4

(C) A VIOLATION OF THIS SECTION BY A FOOD SERVICE FACILITY IS: 5

(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 6
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 7

(2) SUBJECT TO THE ENFORC EMENT AND PENALTY P ROVISIONS 8
CONTAINED IN TITLE 13 OF THIS ARTICLE. 9

Article – Labor and Employment 10

3–102. 11

(a) In addition to any duties set forth elsewhere, the Commissioner shall: 12

(1) enforce Subtitle 2 of this title; 13

(2) carry out Subtitle 3 of this title; 14

(3) enforce Subtitle 4 of this title; 15

(4) enforce Subtitle 9 of this title; AND 16

(5) [enforce Subtitle 16 of this title; and 17

(6)] enforce a local minimum wage law. 18

3–103. 19

(a) Except as otherwise provided in this section, the Commissioner may conduct 20
an investigation to determine whether a provision of this title has been violated on the 21
Commissioner’s own initiative or may require a written complaint. 22

(e) (7) THE COMMISSIONER MAY INVE STIGATE WHETHER § 3–718 OF 23
THIS TITLE HAS BEEN VIOLATED ON RECEIPT OF A WRITTEN COMPLAINT OF AN 24
EMPLOYEE. 25

[3–403. 26

SENATE BILL 886 5

This subtitle does not apply to an individual who: 1

(1) is employed in a capacity that the Commissioner defines, by regulation, 2
to be administrative, executive, or professional; 3

(2) is employed in a nonadministrative capacity at an organized camp, 4
including a resident or day camp; 5

(3) is under the age of 16 years and is employed no more than 20 hours in 6
a week; 7

(4) is employed as an outside salesman; 8

(5) is compensated on a commission basis; 9

(6) is a child, parent, spouse, or other member of the immediate family of 10
the employer; 11

(7) is employed in a drive–in theater; 12

(8) is employed as part of the training in a special education program for 13
emotionally, mentally, or physically handicapped students under a public school system; 14

(9) is employed by an employer who is engaged in canning, freezing, 15
packing, or first processing of perishable or seasonal fresh fruits, vegetables, or 16
horticultural commodities, poultry, or seafood; 17

(10) engages in the activities of a charitable, educational, nonprofit, or 18
religious organization if: 19

(i) the service is provided gratuitously; and 20

(ii) there is, in fact, no employer–employee relationship; 21

(11) is employed in a cafe, dr ive–in, drugstore, restaurant, tavern, or other 22
similar establishment that: 23

(i) sells food and drink for consumption on the premises; and 24

(ii) has an annual gross income of $400,000 or less; 25

(12) is employed in agriculture if, during each quarter of the preceding 26
calendar year, the employer used no more than 500 agricultural–worker days; 27

(13) is engaged principally in the range production of livestock; 28

(14) is employed as a hand–harvest laborer and is paid on a piece–rate basis 29
6 SENATE BILL 886

in an operation that, in the region of employment, has been and customarily and generally 1
is recognized as having been paid on that basis, if: 2

(i) the individual: 3

1. commutes daily from the permanent residence of the 4
individual to the farm where the individual is employed; and 5

2. during the preceding calendar year, was employed in 6
agriculture less than 13 weeks; or 7

(ii) the individual: 8

1. is under the age of 17; 9

2. is employed on the same farm as a parent of the individual 10
or a person standing in the place of the parent; and 11

3. is paid at the same rate that an employee who is at least 12
17 years old is paid on the same farm; 13

(15) is a covered employee under the Secure Maryland Wage Act; or 14

(16) (i) has entered into a contract to play baseball at the minor league 15
level; and 16

(ii) is compensated in accordance with the terms of a collective 17
bargaining agreement that expressly states the wages and working conditions of 18
employees.] 19

3–413. 20

(a) (1) In this section the following words have the meanings indicated. 21

(2) “CONSUMER PRICE INDEX” MEANS THE CONSUMER PRICE INDEX 22
FOR ALL URBAN CONSUMERS FOR THE WASHINGTON–ARLINGTON–ALEXANDRIA, 23
DC–VA–MD–WV METROPOLITAN AREA OR A SUCCESSOR METROPOL ITAN AREA 24
INDEX PUBLISHED BY THE FEDERAL BUREAU OF LABOR STATISTICS. 25

(3) “Employer” includes a governmental unit. 26

[(3)] (4) “Small employer” means an employer that employs 14 or fewer 27
employees. 28

(b) Except as provided in subsection (d) of this section and § 3–414 of this subtitle, 29
each employer shall pay: 30
SENATE BILL 886 7

(1) to each employee who is subject to both the federal Act and this subtitle, 1
at least the greater of: 2

(i) the minimum wage for that employee under the federal Act; or 3

(ii) the State minimum wage set under subsection (c) of this section; 4
and 5

(2) to each other employee who is subject to this subtitle, at least the 6
greater of: 7

(i) the highest minimum wage under the federal Act; or 8

(ii) the State minimum wage set under subsection (c) of this section. 9

(c) (1) Except as provided in paragraph (2) of this subsection, the State 10
minimum wage rate is: 11

(i) [for the 12–month period beginning January 1, 2023, $13.25 per 12
hour; and 13

(ii)] FOR THE 36–MONTH PERIOD beginning January 1, 2024, 14
$15.00 per hour; 15

(II) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2027, 16
$17.00 PER HOUR; 17

(III) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2028, 18
$20.00 PER HOUR; 19

(IV) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2029, 20
$22.50 PER HOUR; 21

(V) FOR THE 36–MONTH PERIOD BEGINNING JANUARY 1, 2030, 22
$25.00 PER HOUR; AND 23

(VI) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2033, 24
AND EACH SUBSEQUENT 12–MONTH PERIOD , THE RATE DETERMINED AND 25
ANNOUNCED BY THE COMMISSIONER UNDER SUBSECTION (D)(2) OF THIS SECTION. 26

(2) The State minimum wage rate for a small employer is: 27

(i) [for the 12–month period beginning January 1, 2023, $12.80 per 28
hour; and 29
8 SENATE BILL 886

(ii)] FOR THE 36–MONTH PERIOD beginning January 1, 2024, 1
$15.00 per hour; 2

(II) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2027, 3
$16.50 PER HOUR; 4

(III) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2028, 5
$18.00 PER HOUR; 6

(IV) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2029, 7
$19.50 PER HOUR; 8

(V) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2030, 9
$22.00 PER HOUR; 10

(VI) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2031, 11
$23.50 PER HOUR; 12

(VII) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2032, 13
$25.00 PER HOUR; AND 14

(VIII) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2033, 15
AND EACH SUBSEQUENT 12–MONTH PERIOD , THE RAT E DETERMINED AND 16
ANNOUNCED BY THE COMMISSIONER UNDER SUBSECTION (D)(2) OF THIS SECTION. 17

[(d) An employer may pay an employee a wage that equals a rate of 85% of the 18
State minimum wage established under this section if the employee is under the age of 18 19
years.] 20

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 21
FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2033, AND EACH SUBSEQUENT 22
12–MONTH PERIOD, THE STATE MINIMUM WAGE RATE SHALL BE INCREASED BY THE 23
AMOUNT, ROUNDED TO THE NEAREST CENT, THAT EQUALS THE PRODUCT OF: 24

(I) THE STATE MINIMUM WAGE RA TE IN EFFECT FOR THE 25
IMMEDIATELY PRECEDING 12–MONTH PERIOD; AND 26

(II) THE AVERAGE PERCENTA GE GROWTH IN THE CONSUMER 27
PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , AS 28
DETERMINED BY THE COMMISSIONER UNDER PA RAGRAPH (2)(I) OF THIS 29
SUBSECTION. 30

SENATE BILL 886 9

(2) BEGINNING SEPTEMBER 1, 2032, AND EACH SEPTEMBER 1 1
THEREAFTER, THE COMMISSIONER SHALL DETERMINE AND ANNOUNCE: 2

(I) THE AVERAGE PERCENT GROWTH, IF ANY , IN THE 3
CONSUMER PRICE INDEX BASED ON TH E IMMEDIATELY PRECED ING 12–MONTH 4
PERIOD FOR WHICH DATA ARE AVAILABLE ON MARCH 1; AND 5

(II) THE STATE MINIMUM WAGE RATE THAT WILL BE EFFECTIVE 6
FOR THE 12–MONTH PERIOD BEGINNING THE FOLLOWING JANUARY 1. 7

(3) IF THE COMMISSIONER DETERMINES THAT THERE IS A DECLINE 8
OR NO GROWTH IN THE CONSUMER PRICE INDEX, THE STATE MINIMUM WAGE RATE 9
SHALL REMAIN THE SAME AS THE RATE THAT WAS IN EFFECT FOR THE IMMEDIATELY 10
PRECEDING 12–MONTH PERIOD. 11

3–419. 12

(a) (1) [Except as provided in § 3 –1604(d) of this title, this ] THIS section 13
applies to each employee who: 14

(i) is engaged in an occupation in which the employee customarily 15
and regularly receives more than $30 each month in tips; 16

(ii) has been informed by the employer about the provisions of this 17
section; and 18

(iii) has kept all of the tips that the employee received. 19

(2) Notwithstanding paragraph (1)(iii) of this subsection, this section does 20
not prohibit the pooling of tips. 21

(b) Subject to the limitations in this section, an employer may include, as part of 22
the wage of an employee to whom this section applies: 23

(1) an amount that the employer sets to represent the tips of the employee; 24
or 25

(2) if the employee or representative of the employee satisfies the 26
Commissioner that the employee received a lesser amount in tips, the lesser amount. 27

(c) (1) The tip credit amount that the employer may include under subsection 28
(b) of this section may not exceed the minimum wage established under § 3 –413 of this 29
subtitle for the employee less [$3.63]: 30

(I) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2027, 31
10 SENATE BILL 886

$12.00; 1

(II) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2028, 2
$13.50; 3

(III) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2029, 4
$15.00; AND 5

(IV) FOR THE 12–MONTH PERIOD BEGINNING JANUARY 1, 2030, 6
$16.50. 7

(2) BEGINNING JANUARY 1, 2031, AN EMPLOYER: 8

(I) MAY NOT INCLUDE A TIP CREDIT AS PART OF THE WAGE OF 9
AN EMPLOYEE SUBJECT TO THIS SUBTITLE; AND 10

(II) SHALL PAY AN EMPLOYEE A WAGE THAT IS AT LEAST EQUAL 11
TO THE STATE MINIMUM WAGE SET UNDER § 3–413 OF THIS SUBTITLE. 12

(3) THIS SECTION MAY NOT BE CONSTRUED AS PROH IBITING THE 13
PAYMENT OF TIPS TO EMPLOYEES. 14

(d) (1) The Commissioner shall adopt regulations, in consultation with payroll 15
service providers and restaurant industry trade group represe ntatives, to require 16
restaurant employers that include a tip credit as part of the wage of an employee to provide 17
tipped employees with a written or electronic wage statement for each pay period that 18
shows the effective hourly tip rate as derived from empl oyer–paid cash wages plus all 19
reported tips for tip credit hours worked each workweek of the pay period. 20

(2) The Commissioner shall provide notification of the tip credit wage 21
statement regulations on the Department’s website. 22

3–718. 23

(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 24
INDICATED. 25

(2) “EMPLOYER” MEANS AN OPERATOR OF A FOOD SERVICE 26
FACILITY, AS DEFINED IN § 21–301 OF THE HEALTH – GENERAL ARTICLE. 27

(3) “SERVICE FEE ” MEANS A FEE ADDED BY AN EMPLOYER TO A 28
CUSTOMER’S TOTAL CHARGE THAT IS SEPARATE FROM: 29

(I) THE PRICE LISTED ON THE MENU FOR FOOD , DRINKS, OR 30
SENATE BILL 886 11

MERCHANDISE SOLD BY THE EMPLOYER; AND 1

(II) ANY SALES TAX THE EMPLOYER IS REQUIRED TO COLLECT. 2

(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND EXCEPT 3
AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN EMPLOYER MAY NOT CHARGE 4
A SERVICE FEE UNLESS THE FULL AMOUNT OF THE SERVICE FEE IS DISTRIBUTED TO 5
THE EMPLOYEE WHO DIR ECTLY PERFORMS THE S ERVICES FOR WHICH TH E 6
CUSTOMER IS PAYING THE SERVICE FEE. 7

(2) (I) 1. IF A SERVICE FEE IS C HARGED FOR TABLE SER VICE, 8
THE SERVICE FEE SHAL L BE DISTRIBUTED TO THE EMPLOYEES WHO DI RECTLY 9
PROVIDED THE TABLE SERVICE. 10

2. IF A SERVICE FEE IS C HARGED FOR A BANQUET OR 11
CATERED EVENT , THE SERVICE FEE SHAL L BE DISTRIBUTED EQU ALLY TO THE 12
EMPLOYEES WHO PERFORMED SERVICES AT THE BANQUET OR CATERED EVENT. 13

(II) A SERVICE FEE MAY NOT BE DISTRIBUTED TO A 14
SUPERVISORY OR MANAGERIAL EMPLOYEE. 15

(III) AN EMPLOYER MAY NOT I NCLUDE A SERVICE FEE 16
DISTRIBUTED UNDER TH IS SUBSECTION AS PAR T OF THE WAGE OF AN EMPLO YEE 17
SUBJECT TO SUBTITLE 4 OF THIS TITLE. 18

(C) THE SERVICE FEE DISTRIBUTION REQUIREMENTS UNDER THIS SECTION 19
MAY BE EXPRESSLY MOD IFIED THROUGH A BONA FIDE COLLECTIVE BARG AINING 20
AGREEMENT FOR PURPOS ES OF ESTABLISHING T O WHOM THE SERVICE FEE IS 21
DISTRIBUTED. 22

(D) (1) IF AN EMPLOYER VIOLATES SUBSECTION (B) OF THIS SECTION, AN 23
EMPLOYEE OF THE EMPLOYER MAY FILE A COMPLAINT WITH THE COMMISSIONER. 24

(2) IF THE COMMISSIONER RECEIVES A COMPLAINT UNDER 25
PARAGRAPH (1) OF THIS SUBSECTION, THE COMMISSIONER SHALL: 26

(I) TRY TO RESOLVE THE ISSUE INFORMALLY; OR 27

(II) DETERMINE WHETHER THE EMPLOYER HAS VIOLATED THIS 28
SECTION. 29

(3) IF THE COMMISSIONER DETERMINES THAT THE EMPLOYER HAS 30
VIOLATED THIS SECTIO N, THE COMMISSIONER SHALL IS SUE AN ORDER 31
12 SENATE BILL 886

COMPELLING COMPLIANCE WITH THIS SECTION. 1

5–604. 2

(b) An employer or other person may not discharge or otherwise discriminate 3
against an employee because the employee: 4

(1) files a complaint under or related to this title; 5

(2) brings an action under this title or a proceeding under or related to this 6
title or causes the action or proceeding to be brought; 7

(3) has testified or will testify in an action under this title or a proceeding 8
under or related to this title; OR 9

(4) exercises, for the employee or another, a right under this title[; or 10

(5) is an essential worker who files a complaint or exercises a right under 11
§ 3–1604 of this article]. 12

SECTION 4. AND BE IT FURTHER ENACTED, That the General Assembly 13
determines that the amendment to the Maryland Constitution proposed by Section 2 of this 14
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 15
Constitution concerning local approval of constitutional amendments do not apply. 16

SECTION 5. AND BE IT FURTHER ENACTED, That: 17

(a) The amendment to the Maryland Constitution proposed by Section 2 of this 18
Act shall be submitted to the qualified voters of the State at the next general election to be 19
held in November 2026 for adoption or rejection in accordance w ith Article XIV of the 20
Maryland Constitution. 21

(b) (1) At that general election, the vote on the proposed amendment to the 22
Constitution shall be by ballot, and on each ballot there shall be printed the words “For the 23
Constitutional Amendment” and “Against the Constitutional Amendment”, as now 24
provided by law. 25

(2) At that general election, a question substantially similar to the 26
following shall be submitted to the qualified voters of the State: 27

“Question ____ Constitutional Amendment 28

The proposed amendment confirms an individual has a fundamental right, while engaged 29
in employment in the State, to be paid at a wage rate that is at least equal to the State 30
minimum wage rate without regard to the type of employment or tips the individual 31
receives and provides that the State may not, directly or indirectly, deny, burden, or abridge 32
SENATE BILL 886 13

the right unless justified by a compelling State interest achieved by the least restrictive 1
means.”. 2

(c) Immediately after the election, all returns shall be made to the Governor of 3
the vote for and against the proposed amendment, as directed by Article XIV of the 4
Maryland Constitution, and further proceedings held in accordance with Article XIV. 5

SECTION 6. AND BE IT FURTHER ENACTED, That Sections 1 and 3 of this Act 6
are contingent on the passage of Section 2 of this Act, a constitutional amendment, and its 7
ratification by the voters of the State. 8

SECTION 7. AND BE IT FURTHER ENACTED, That, subject to Section 6 of this 9
Act, Sections 1 and 3 of this Act shall take effect on the proclamation of the Governor that 10
the constitutional amendment, having received a majority of the votes cast at the general 11
election, has been adopted by the people of Maryland. 12