Maryland


(a) In general. -- A requirement in this article that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that...


(a) Employer defined. -- In this section, employer has the same meaning as under the State workers' compensation laws. (b) Required before issuance of license or permit. -- Before...



(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Division. --...


(a) In general. -- There is a Division of Labor and Industry in the Department of Labor, Licensing, and Regulation. (b) Authority of Secretary. -- The Division exercises its rights, powers,...


(a) Position. -- The head of the Division is the Commissioner. (b) Appointment. -- The Secretary shall appoint the Commissioner with the approval of the Governor. (c) Tenure. -- The...


(a) Deputy Commissioner. -- (1) There is a Deputy Commissioner of Labor and Industry who shall be appointed by the Commissioner with the approval of the Secretary. (2) The...


In addition to any duties set forth elsewhere, the Commissioner shall: (1) try to promote harmony between industry and labor; (2) try to promote and develop the welfare of wage earners; and...


(a) Required. -- The Commissioner shall adopt regulations that govern procedure for boards of arbitration under Title 4, Subtitle 1 of this article. (b) Allowed -- In general. -- Except...


(a) In general. -- In addition to any other units, the Division shall include the units enumerated in this section. (b) Mediation and conciliation. -- There is a State Mediation and...


(a) Required. -- As soon after January 1 of each year as reasonably possible, the Commissioner shall submit an annual report to the Governor, to the Secretary, and, subject to 2-1246 of...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title shall terminate and be of no effect after July 1, 2004. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employ. -- (1)...


(a) Duty of Commissioner. -- In addition to any duties set forth elsewhere, the Commissioner shall: (1) enforce Subtitle 2 of this title; (2) carry out Subtitle 3 of this title; and...


(a) Subtitle 2. -- The Commissioner may conduct an investigation under Subtitle 2 of this title, on the Commissioner's own initiative or may require a written complaint. (b) Subtitle 4. --...


The Commissioner may delegate any power or duty of the Commissioner under Subtitles 2, 4, and 5 of this title. ...


In this subtitle, minor means an individual who is under the age of 18 years. ...


The policy of the State is to encourage the development of minors by allowing them to engage in occupations that prepare them for responsible citizenship, yet to protect them from occupations...


This subtitle does not apply to an activity that a minor performs if the activity: (1) is performed outside the school hours set for that minor; (2) does not involve manufacturing or...


For purposes of this subtitle and during reasonable business hours, the Commissioner may: (1) enter and inspect a place of employment; (2) inspect the employment records of an employee; or...


Unless an employer possesses a work or special permit for a minor, the minor may not work for the employer. ...


(a) Issuance. -- A work permit shall be issued: (1) by the Commissioner; or (2) in accordance with the requirements of the Commissioner, by a county superintendent of schools or designee...


(a) Authority to issue. -- Subject to this section, the Commissioner may issue a special permit for a minor of any age to be employed as an entertainer, model, or performer. (b) Application. --...


A work permit or special permit authorizes a minor to work for an employer as specified in the permit. ...


Except as otherwise provided in this subtitle, a minor under the age of 14 years may not be employed or allowed to be employed. ...


(a) Restrictions. -- (1) A minor may not be employed or allowed to be employed for more than 5 consecutive hours without a nonworking period of at least one-half hour. (2) Except as...


(a) Restrictions. -- (1) Except as provided in subsection (b) of this section, a minor under the age of 16 years may not be employed or allowed to be employed: (i) before 7:00 a.m.;...


(a) Scope of section. -- This section does not apply to a minor who: (1) is a child of the manager, operator, or owner of the business establishment from or to which a check, money,...


(a) In general. -- Except as otherwise provided in this subtitle, a minor may not be employed or allowed to work: (1) in, about, or in connection with the manufacturing of a...


Each employer shall keep posted conspicuously in each place where a minor is employed a printed notice of the provisions of this subtitle, in a form that the Commissioner requires. ...


After review, the Commissioner may revoke a work permit or special permit if the permit is not issued in accordance with the requirements of the Commissioner. ...


(a) Interference. -- A person may not: (1) interfere with or hinder the performance of any duty of the Commissioner under this subtitle; or (2) knowingly give false information to...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employer. -- (1) Employer means: (i) a person engaged in a business, industry,...


This subtitle applies to an employer of both men and women in a lawful enterprise. ...


In addition to any powers set forth elsewhere, the Commissioner may: (1) use informal methods of conference, conciliation, and persuasion to eliminate pay practices that are unlawful under...


(a) In general. -- An employer may not discriminate between employees in any occupation by paying a wage to employees of 1 sex at a rate less than the rate paid to employees of the opposite sex...


(a) Records. -- (1) Each employer shall keep each record that the Commissioner requires on: (i) wages of employees; (ii) job classifications of employees; and (iii)...


(a) Copies. -- On request of an employer, the Commissioner shall provide without charge a copy of this subtitle to the employer. (b) Posting. -- Each employer shall keep posted conspicuously...


(a) Action by employee. -- (1) If an employer violates this subtitle, an affected employee may bring an action against the employer to recover the difference between the wages paid to male...


(a) Prohibited acts of employer. -- An employer may not: (1) willfully violate any provision of this subtitle; (2) hinder, delay, or otherwise interfere with the Commissioner or...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Committee. -- Committee means the Advisory Committee on Wage and Hour Law. (c) Employer. --...


(a) Legislative findings. -- The General Assembly finds that wages in some occupations in the State have been insufficient to provide adequate maintenance and to protect health. (b) Statement...


(a) General exclusions. -- This subtitle does not apply to an individual who: (1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive,...


This subtitle does not diminish: (1) the right of employees to bargain collectively with their employers through representatives whom the employees choose to establish wages or other...


An agreement to work for less than the wage required under this subtitle is void. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...



(a) Power to ascertain wages. -- The Commissioner may ascertain what wage is paid in any occupation in the State. (b) Evidence. -- (1) In an investigation under this subtitle, the...


Repealed by Acts 1993, ch. 552, 1, effective October 1, 1993. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division...


In addition to any regulation specifically required by this subtitle, regulations that the Commissioner adopts to carry out this subtitle may include: (1) definitions of the...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

Except as provided in 3-414 of this subtitle, each employer shall pay: (1) to each employee who is subject to both the federal Act and this subtitle, at least the minimum wage for...


(a) Federal certificate defined. -- In this section, federal certificate means a certificate that the United States Department of Labor issues to a work activities center or other...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) Board, lodging, or other advantage defined. -- In this section, board, lodging, or other advantage means a facility or service that an employer customarily provides to an employee....


(a) Scope of section. -- (1) This section applies to each employee who: (i) is engaged in an occupation in which the employee customarily and regularly receives more than $ 30 each...


(a) In general. -- Except as otherwise provided in this section, an employer shall compute the wage for overtime under 3-415 of this subtitle on the basis of each hour over 40 hours that...


(a) Nurse defined. -- In this section, nurse means a licensed practical nurse or a registered nurse as defined in 8-101 of the Health Occupations article. (b) Overtime prohibited. --...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) Copies. -- On request by an employer, the Commissioner shall provide without charge a copy of any summary or regulation to the employer. (b) Place for posting. -- Each employer shall...


Each employer shall keep, for at least 3 years, in or about the place of employment, a record of: (1) the name, address, and occupation of each employee; (2) the rate of pay of...


(a) Required. -- The Commissioner shall enter a place of employment to: (1) question employees to determine whether an employer has been and is complying with this subtitle and...


(a) Review allowed. -- (1) A person aggrieved by a regulation or order to pay wages that the Commissioner adopts under this subtitle may file a complaint in circuit court for the county...


(a) Action by employee. -- If an employer pays an employee less than the wage required under this subtitle, the employee may bring an action against the employer to recover the difference...


(a) Prohibited acts of employers. -- An employer may not: (1) pay or agree to pay less than the wage required under this subtitle; (2) hinder or delay the Commissioner or an...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

This subtitle may be cited as the Maryland Wage and Hour Law. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employer. -- Employer includes any person who employs an individual in the State or a successor of...


(a) Pay periods. -- (1) Each employer: (i) shall set regular pay periods; and (ii) except as provided in paragraph (2) of this subsection, shall pay each employee at least once...


An employer may not make a deduction from the wage of an employee unless the deduction is: (1) ordered by a court of competent jurisdiction; (2) authorized expressly in writing by...


(a) Responsibility of employer. -- An employer shall give to each employee: (1) at the time of hiring, notice of: (i) the rate of pay of the employee; and (ii) the regular...


Each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day...


To collect wages that employers unlawfully withhold, the Commissioner may enter into a reciprocal agreement with a labor department or other similar unit that has jurisdiction in another...


(a) In general. -- Whenever the Commissioner determines that this subtitle has been violated, the Commissioner: (1) may try to resolve any issue involved in the violation informally...


(a) In general. -- Notwithstanding any remedy available under 3-507 of this subtitle, if an employer fails to pay an employee in accordance with 3-502 or 3-505 of this subtitle, after...


(a) Prohibited acts of employer. -- An employer may not willfully violate this subtitle. (b) Prohibited acts of employee. -- An employee may not knowingly make to a governmental unit or...


This subtitle may be cited as the Maryland Wage Payment and Collection Law. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Commission. -- Commission means compensation that: (1) is due to a sales representative from...


This subtitle does not apply to an individual who is considered under the Maryland Wage Payment and Collection Law to be employed by a principal. ...


A provision of a contract that is made between a sales representative and a principal is void if the provision purports to waive any provision of this subtitle by: (1) an express waiver; or...


Each principal shall pay to a sales representative all commissions that are due under a contract that is terminated, within 45 days after payment would have been due if the contract had...


(a) Treble damages. -- (1) Subject to the requirement of paragraph (2) of this subsection, if a principal violates 3-604 of this subtitle, a sales representative whom the violation affects...


For purposes of personal jurisdiction under 6-103 of the Courts Article, a principal who contracts with a sales representative to solicit wholesale orders for a product in the State...


(a) Entitlement to commission. -- If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled...


(a) Scope of section. -- This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job. (b) Prohibited activity. -- An...


An employer may not discharge an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if: (1) the activity is...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Managerial employee means an employee who: (i) is not covered by a collective...


A pension plan may not reduce a payment to an individual entitled to receive the payment because Social Security payments to that individual increase. ...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, Subtitles 2 and 4 of this title shall terminate and be of no effect after July 1, 2004. ...


(a) Scope. -- This section applies to a proceeding before an administrative or executive board or any similar body provided by an employer, employee organization, or union to hear...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Board. -- Board means a board of arbitration formed under this subtitle to settle a labor dispute....


(a) Agreement for arbitration. -- This subtitle does not preclude or otherwise affect any agreement for arbitration of a dispute in a manner different from that for which this subtitle...


(a) In general. -- Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle. (b) Staff. -- The Commissioner may assign staff to help the Chief Mediator...


To the extent possible, the Mediation Service shall: (1) promote voluntary mediation or arbitration of disputes between employers and employees; and (2) discourage resort to a...


(a) Authorized. -- Subject to the approval of the Governor, the Mediation Service may: (1) appoint a board of arbitration to settle a dispute; and (2) provide: (i) as the...


(a) In general. -- To the same extent as a court of the State in a civil case, the Mediation Service or a board may: (1) conduct an investigation; (2) hold hearings; (3) administer...


(a) Storage. -- Documents and testimony obtained under this subtitle shall be kept in the offices of the Mediation Service. (b) Confidentiality. -- Information that the Commissioner, the...


(a) Scope of section. -- This section applies to a dispute only if the employer involved in the dispute has at least 10 employees. (b) Mediation. -- Whenever a disputant or other reliable...


(a) In general. -- The Mediation Service or a board shall make and publish findings about a dispute for settlement of the dispute. (b) Decision. -- A determination and award of a board is...


Within 5 days after the National Labor Relations Board or other public or private unit certifies or recognizes a bargaining representative, the bargaining representative shall submit to...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Consent election. -- Consent election means an election that is conducted under a consent...


(a) In general. -- Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle. (b) Staff. -- The Commissioner may assign staff to help the Chief Mediator...


To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National...


(a) In general. -- In this Part II of this subtitle the following words have the meanings indicated. (b) Challenged ballot. -- Challenged ballot means the ballot of an individual...


(a) Authorized. -- A labor organization or individual that purports to represent a substantial number of employees whom a petition affects and an employer may submit to the Mediation Service...


(a) No objection. -- Unless the Mediation Service receives a timely objection to a petition, the Mediation Service shall approve the petition to enter into a consent election agreement....


Each consent election agreement shall describe: (1) the appropriate bargaining unit for the consent election; (2) the payroll period to be used to determine the employees within...


(a) In general. -- The Mediation Service shall conduct each consent election by secret ballot. (b) Removal from ballot. -- (1) If at least 2 labor organizations are to be on the ballot for...


On conclusion of a consent election, the Mediation Service shall provide each party to the consent election with a tally of ballots. ...


The Mediation Service: (1) shall determine whether the number of challenged ballots is sufficient to affect the result of the consent election; and (2) if the number is sufficient,...


(a) Authorized. -- (1) Within 5 days after the Mediation Service provides the tally of ballots for a consent election, a party to the consent election may object to: (i) the conduct...


After investigation of a consent election under 4-212 or 4-213 of this subtitle, the Mediation Service shall: (1) prepare a report, including any recommendation, on the investigation; and...


(a) Authorized. -- Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under 4-214 of this subtitle, a party to the consent election may make...


(a) Determination on substance. -- Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether...


(a) Certification. -- (1) Unless a run-off election is to be held or an investigation is to be made under 4-212 or 4-213 of this subtitle, immediately after the period for filing...


(a) Petition authorized. -- An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that: (1) the...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Injunctive relief. -- Injunctive relief means: (1) a permanent injunction; (2) a...


(a) Findings. -- The General Assembly finds that: (1) governmental authority has allowed and encouraged employers to organize in corporate and other forms of capital control; and (2)...


This subtitle shall be interpreted and applied in accordance with the policy stated in 4-302 of this subtitle. ...


(a) Promise defined. -- In this section, promise means any undertaking, whether express or implied or oral or written. (b) Against public policy. -- A promise made between an employee...


A court does not have jurisdiction to grant injunctive relief that specifically or generally: (1) prohibits a person from ceasing or refusing to perform work or to remain in a relation...


A case shall be held to involve or grow out of a labor dispute when the case involves: (1) persons who are engaged in a single industry, trade, craft, or occupation, employees of the...


The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly...


This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in 4-311 of this subtitle. ...


(a) In general. -- A court may not grant injunctive relief in a labor dispute: (1) if the plaintiff has failed to comply with each obligation imposed by law that is involved in the...


In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:...


(a) Allowed. -- If, in addition to meeting the requirements for an injunction under 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before...


(a) Required for temporary restraining order or temporary injunction. -- Before a court issues a temporary restraining order or temporary injunction in a case that involves or grows out of a...


(a) Findings required. -- A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings...


A party may appeal to the Court of Special Appeals from the issuance or denial of a temporary injunction in a case that involves or grows out of a labor dispute. ...


An organization or officer or member of an organization participating or interested in a labor dispute has immunity from liability in accordance with 5-414 of the Courts Article. ...


(a) General rights of accused. -- A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute...


(a) Union dues. -- Each employer who, under a collective bargaining agreement, deducts dues from an employee's pay for payment to a union shall make the payment within 30 days after it...


(a) Scope of section. -- This section does not apply to a refusal to leave property based on a bona fide claim of ownership of or other right to the property. (b) In general. -- An employee...


(a) Recruitment restricted. -- A person who is not directly interested in a strike may not provide, obtain, recruit, or refer, for employment in place of a striker, an individual who...


(a) Not conspiracy. -- If commission of an act by 1 person is not an offense, an agreement between 2 or more persons to do or to bring about the act in contemplation or furtherance of a...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, Subtitles 1 and 2 of this title and 4-403 of this subtitle shall terminate and be of no...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- Employee means a fire, EMS, paramedic, or rescue employee hired or compensated by...


Each employer covered by this subtitle shall have the authority to enact a local law or ordinance to permit voluntary collective bargaining between the employer and any employee organization...


Once authorized by a local law or ordinance, collective bargaining between an employer covered by this subtitle and an exclusive representative may include in a memorandum of understanding...


Subject to provisions concerning budgetary and fiscal procedures contained in the employer's charter, if ratified or approved by a legislative enactment of the employer, and if signed by the...


(a) Applicability. -- Subject to subsection (b) of this section, this subtitle only applies to: (1) each charter county that engaged in collective bargaining with an employee organization...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- (1) Employee means a fire, emergency medical services, paramedic, rescue, or...


An employee may elect to exercise the rights available under the collective bargaining agreement as an alternative to the right to a judicial review provided under this subtitle. ...


Redesignated. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employee. --...


(a) Findings. -- The General Assembly finds that: (1) personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of...


(a) Application. -- Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State. (b) Exceptions. -- This title does not...


(a) Safe employment and places of employment. -- Each employer shall provide each employee of the employer with employment and a place of employment that are: (1) safe and healthful; and...


The Commissioner shall have the power and authority to administer and enforce this title. ...


(a) General delegation to assistant commissioner. -- The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner...


(a) Allowed; qualifications of inspectors. -- To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who: (1) is employed by a county, a...


(a) Budget of Division; reimbursement. -- (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the General Fund of the State to cover the cost...


(a) Certification to official acts; depositions. -- To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may:...


(a) Responsibility of Commissioner. -- The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies....


On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title;...


(a) Request authorized. -- An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:...


(a) Apparatus defined. -- In this section, apparatus means any apparatus, device, machinery, or mechanical equipment. (b) Authorized. -- The Commissioner or an authorized representative of...


(a) Application. -- Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person...


(a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to...


(a) Required. -- The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that an employer or employee or representative of an employee submits under...


(a) Review allowed. -- (1) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out...


(a) Notice of danger; recommendation to Commissioner. -- If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an...


(a) Trade secret defined. -- In this section, trade secret means a device, formula, pattern or compilation of information that: (1) is used in the business of an employer; (2) gives...


In this subtitle, Board means the Occupational Safety and Health Advisory Board. ...


There is an Occupational Safety and Health Advisory Board in the Department of Labor, Licensing, and Regulation. ...


(a) Composition; appointment of members. -- (1) The Board consists of the following 12 members: (i) as an ex officio member, the Commissioner; and (ii) 11 voting members...


From among the public members of the Board, the Commissioner shall appoint a chairman. ...


(a) Voting. -- The Commissioner may not vote. (b) Meetings. -- The Board shall determine the times and places of its meetings. (c) Compensation and reimbursement for expenses. -- Each...


The Board shall advise, consult with, propose, and recommend to the Commissioner reasonable regulations: (1) to prevent conditions that are detrimental to safety and health in each...


(a) Comparison to federal law; effect on interstate commerce. -- The Board shall propose or recommend occupational safety and health standards that: (1) are or will be at least as effective...


(a) Information and recommendations from Commissioner. -- (1) The Board may ask for and the Commissioner may provide technical or other information that may help the Board to determine the...


The Board shall submit to the Commissioner, with each recommendation for a proposed regulation, a report that: (1) explains the need for the proposed regulation; and (2) summarizes...


(a) Application of State Government Article. -- To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article. (b)...


The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner determines that the delay is necessary...


(a) Authority. -- Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title...


(a) Duty of Commissioner. -- The Commissioner shall keep in the office of the Commissioner a set of the current regulations adopted to carry out this title. (b) Request for copy. -- (1)...


An employer who is affected by a regulation adopted to carry out this title may apply to the Commissioner for a temporary or permanent variance from the regulation or a part of the regulation. ...


An applicant for a temporary variance shall apply before the effective date of the regulation or part of a regulation from which the temporary variance is sought. ...


An application for a temporary variance shall: (1) specify the regulation or part of a regulation from which the temporary variance is sought; (2) contain a representation by the...


(a) Temporary variance. -- An applicant for a temporary variance shall: (1) give a copy of the application to its employees or their authorized representative; (2) post, where notices...


(a) Temporary variance. -- The Commissioner shall hold a hearing on an application for a temporary variance on request of: (1) the applicant; or (2) an employee whom the temporary...


(a) Temporary variance. -- To qualify for a temporary variance, an applicant shall establish that the applicant: (1) is unable to comply with a regulation or part of a regulation, by...


(a) Passage. -- The Commissioner may pass 1 interim order for a temporary variance from a regulation. (b) Duration. -- An interim order under this section is effective until the Commissioner...


(a) Passage. -- (1) The Commissioner shall pass an order that grants an employer a temporary variance if: (i) the employer submits an application in accordance with 5-319 and 5-320...


(a) Term. -- Unless an order for a temporary variance from a regulation or part of a regulation is renewed as provided in this section, the order may not be in effect for longer than: (1)...


(a) On Commissioner's initiative. -- The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner's own initiative and after a hearing. (b) On application...


The Commissioner shall adopt regulations that provide: (1) for a consultation program that conforms to federal law and regulations (29 C.F.R. Part 1908); (2) that, unless the employer...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- (1) Employee means an employee (as defined in 5-101 of this title) or former...


Sections 5-404 through 5-409 of this subtitle do not apply to: (1) a railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal...


(a) In general. -- Except as otherwise provided in this section, an employer, chemical manufacturer, importer, or distributor shall comply with all applicable provisions of the United...


(a) Prohibited act. -- An employer may not ask or require an employee to waive any right under this subtitle or 29 C.F.R. 1910.1200. (b) Waiver void. -- A waiver of a right under this subtitle...


(a) Scope of section. -- This section does not apply to a consumer product or foodstuff that is: (1) packaged for distribution to and intended for use by the general public; and (2)...


(a) Submission of documents. -- (1) Within 15 days after an employer prepares or revises a chemical information list, the employer shall submit a copy of the list to the Department of...


(a) Right of employees to see documents; access. -- (1) An employee or designated representative may ask an employer for: (i) access to a chemical information list maintained by...


(a) Information for employers. -- An independent contractor to whom this subtitle applies or an employer: (1) before commencement of work at a workplace, shall provide information...


(a) Fire department official defined. -- In this section, fire department official: (1) means an individual who is responsible for the administration of a fire department in a...


The criminal penalty under 5-804 of this title does not apply to a violation that arises under 5-404 through 5-409 of this subtitle. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Advisory Committee. -- Advisory Committee means the Advisory Committee on Safety Training Programs...


In consultation with the Advisory Committee, the Commissioner shall develop: (1) a recommended model training program for use by employers; (2) a reasonable periodic employer...


(a) Established. -- There is an Advisory Committee on Safety Training Programs for Power Equipment Operators. (b) Membership. -- (1) The Advisory Committee consists of the following 11...


This subtitle does not apply to an employer with fewer than 6 employees. ...


(a) Training program. -- Each employer that hires employees to operate power equipment shall: (1) develop and carry out an employee safety training program designed to inform employees of...


This subtitle may not be construed to allow or require licensing, registration, or certification of an operator of power equipment. ...


Sections 5-804, 5-805, and 5-806 do not apply to this subtitle. ...


Repealed by Acts 1997, ch. 5, effective October 1, 1997. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or...


(a) Legislative policy. -- The General Assembly finds that: (1) exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of the State;...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Confined space means a space that, by design: (i) has limited openings for entry...


(a) Help required. -- (1) Except as provided in subsection (b) of this section, whenever an employer has an employee working in a manhole, the employer shall have another employee available...


(a) Medical information. -- (1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of...


(a) Statement of purpose. -- Each employer is encouraged to provide information and incentives that promote ridesharing arrangements. (b) Limits on liability. -- (1) Unless an employer owns...


(a) Requirements for property line connections. -- Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title shall terminate and be of no effect after July 1, 2004. ...


(a) Duty to monitor and keep records. -- The Commissioner may require, by regulation, that an employer: (1) measure or monitor employee exposure to a potentially toxic material or...


(a) Authority to require. -- The Commissioner may require, by regulation, that an employer keep: (1) an accurate record of: (i) each work-related death; (ii) each...


(a) Authority to require. -- The Commissioner may require, by regulation, that an employer keep each record about an activity of the employer that relates to this title as the...


The Commissioner may require, by regulation, that an employer submit reports on the basis of the records that the employer keeps under this title. ...


The penalties in this subtitle do not apply to a public body. ...


(a) Prohibition. -- A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed...


(a) Prohibition. -- Unless the Commissioner or an authorized representative of the Commissioner gives written approval, a person may not give advance notice of an inspection to be made under...


If an employer willfully violates any provision of this title, an order passed under this title, or a regulation adopted to carry out this title and the violation caused death to an employee,...


(a) Required for serious violation. -- (1) For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or...


(a) Maximum amount. -- (1) Except as provided in paragraph (2) of this subsection, a civil penalty under 5-809 of this subtitle may not exceed: (i) $ 7,000 for each violation; and...


(a) Action by or for Commissioner. -- If a civil penalty that is assessed under this title is not paid in full within 30 days after the penalty becomes final, the Commissioner or the...


Each civil penalty under this title shall be paid into the General Fund of the State. ...


This title may be cited as the Maryland Occupational Safety and Health Act. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employee. --...


It is the intent and purpose of this title to promote safety and health in all areas of railroad operations, to reduce railroad related accidents, to reduce deaths and injuries to all persons,...


This title does not apply to any acceptable working conditions defined in a collective bargaining agreement. ...


(a) In general. -- The Commissioner shall: (1) administer and enforce the provisions of this title; (2) adopt regulations to establish rules of procedure for hearings held in accordance...


For any construction within 8 feet 6 inches laterally from the center line of a railroad track or within 22 feet above the top of the rail, the application for a building permit must...


(a) Budgetary expense of Division of Labor and Industry. -- (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the General Fund of the State...


On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title;...


(a) Adoption. -- As necessary, the Commissioner shall adopt appropriate health and safety standards and other regulations relating to: (1) sanitation on railroad property as it affects...


(a) Scope of section. -- This section does not apply to a locomotive that is used only for yard-switching service. (b) Authority of Commissioner. -- (1) The Commissioner may adopt...


(a) Seating for transporting employees. -- A railroad company may not transport an employee to or from work on a caboose or locomotive unless the railroad company provides a fixed seat with a...


(a) Duty of railroad company. -- (1) This section does not apply to designated cleanout and repair tracks. (2) To provide employees a reasonably safe place to work, each railroad...


(a) In general. -- The Commissioner shall allow variances in accordance with this section. (b) Application for a variance. -- Any affected railroad company may apply in writing to the...


(a) In general. -- The Commissioner shall conduct inspections and investigations in accordance with this section. (b) Authority of the Commissioner. -- (1) The provisions of this section...


(a) In general. -- An employee of a railroad company or representative of employees may request inspection of a railroad if the employee or representative believes, in good faith, that:...


(a) Apparatus defined. -- In this section, apparatus means any machinery, device, or equipment or any part of any machinery, device, or equipment. (b) Notice. -- The Commissioner or...


(a) Issuance. -- If, after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that a railroad company has violated this title or...


(a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under 5.5-116 of this title, the Commissioner shall send by certified mail to the railroad company at...


(a) Required. -- The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that a railroad company or representative of a railroad company submits under...


(a) Review allowed. -- A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the...


(a) Notice of danger; recommendation. -- If the Commissioner or an authorized representative of the Commissioner concludes that a condition or practice in the operation of any railroad creates...


(a) In general. -- (1) A railroad company shall promptly report, in writing or orally, to the Commissioner, after the occurrence of an accident resulting in: (i) a serious injury...


(a) Sanitary condition regulations. -- A person who violates any regulation adopted by the Commissioner under 5.5-109 of this title is guilty of a misdemeanor and on conviction for each...


(a) Duty of Commissioner. -- The Commissioner shall impose civil penalties under this title. (b) In general. -- (1) For the purpose of this subsection, a violation is considered to be a...


In this title, high voltage line means an electric line that: (1) is installed above ground level; and (2) has a voltage of more than 750 volts: (i) between conductors; or...


This title does not apply to: (1) the maintenance or repair of an electric power plant or system that a private company or corporation owns or operates for production of electricity for its...


Until determined otherwise from the owner or operator of an electric line that is above ground level, the electric line is presumed: (1) to be energized on and at all times after...


The Division of Labor and Industry shall administer and enforce this title. ...


(a) Application. -- Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request for access to inspect to the...


If any part of an individual or object will come within 10 feet of a high voltage line while performing the activity, a person shall comply with 6-107 of this title before the person...


Whenever an activity listed under 6-106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall: (1) promptly...


(a) In general. -- The owner or operator of a high voltage line shall perform any act that is reasonably necessary to carry out the safety measures required by 6-107 of this title to...


(a) Equipment defined. -- Equipment includes a crane, derrick, pile driver, power shovel, trimming rig, or similar apparatus. (b) Scope of section. -- This section applies to any equipment...


A person who fails to comply with or violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) General exclusions. -- This title does not apply: (1) to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker; (2) to a...


An agreement by a migrant agricultural worker to waive or modify a right of the migrant agricultural worker under this title is void as contrary to public policy. ...


To the extent practicable, the Commissioner shall reduce duplication of the licensing requirements and enforcement procedures under this title and any applicable federal law through an...


(a) In general. -- The Commissioner shall administer and enforce this title. (b) Investigative power; right of entry. -- To administer or enforce this title, the Commissioner may: (1)...


(a) Powers. -- In addition to any powers set forth elsewhere, the Commissioner: (1) may accept from any source a grant to carry out this title; and (2) to administer or enforce this...


The Commissioner may delegate any power or duty of the Commissioner under this title. ...


On request of the Commissioner, the Attorney General may proceed in a court or before a federal unit to enforce: (1) a decision of the Commissioner made under this title; (2) a...


Except as otherwise provided in this title, an individual shall be licensed by the Commissioner before the individual may perform a farm labor contracting service in the State for consideration. ...


(a) In general. -- An applicant for a license shall: (1) submit to the Commissioner: (i) an application on the form that the Commissioner provides; and (ii) 2 recent,...


On receipt of an application for a license, the Commissioner shall investigate, as appropriate, to determine whether the applicant is entitled to be licensed. ...


(a) Issuance. -- The Commissioner shall issue a license to each applicant who meets the requirements of this subtitle. (b) Contents. -- The Commissioner shall attach to each license issued...


While a license is in effect, it authorizes the licensee to perform farm labor contracting services for consideration. ...


A license expires on the first March 1 after its effective date. ...


While a licensee is performing a farm labor contracting service in the State, the licensee shall: (1) carry the license; and (2) show the license: (i) to each person with whom...


Subject to the hearing provisions of 7-309 of this subtitle, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee: (1)...


(a) Right to hearing. -- Except as provided in 10-226 of the State Government Article or in 7-310 of this subtitle, before the Commissioner takes any final action under 7-308 of...


The Commissioner may suspend a license summarily pending the determination of a hearing under 7-309 of this subtitle if the Commissioner finds suspension necessary to prevent abuse of or...


(a) Authority to issue. -- If, after an investigation, the Commissioner has reason to believe that a person is performing a farm labor contracting service for consideration in the State without...


(a) In general. -- Subject to subsection (b) of this section, the Commissioner may require a farm labor contractor to post a surety bond or other security if the Commissioner: (1) finds...


Any person aggrieved by a final decision of the Commissioner in a contested case, as defined in 10-202 of the State Government Article, may take an appeal as allowed in 10-222 and 10-223...


(a) General information. -- (1) In accordance with this section, each farm labor contractor shall disclose to each migrant agricultural worker: (i) each place of employment in the State;...


Unless there is just cause for noncompliance, each farm labor contractor shall comply with: (1) each written agreement with an agricultural operation that relates to performing a farm...


(a) Authority to require. -- The Commissioner may require, by regulation, a farm labor contractor to keep records of: (1) wages owed to each migrant agricultural worker for agricultural...


(a) Vehicle. -- Each farm labor contractor shall ensure that each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State...


Except as otherwise provided in this title, a person may not perform a farm labor contracting service in the State for consideration unless licensed by the Commissioner. ...


Unless authorized under this title to perform a farm labor contracting service for consideration, a person may not represent to the public, by the use of a title, including licensed farm...


(a) Restriction on initial use. -- Except as otherwise provided in this title, a person may not use a farm labor contractor to perform a farm labor contracting service unless the person...


A person may not interfere with or intimidate an official or other employee of the Department of Labor, Licensing, and Regulation assigned to carry out a function under this title. ...


A person may not assign or transfer a license. ...


(a) Imposition. -- Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates: (1) any provision of...


A farm labor contractor who willfully violates any provision of this title or any regulation adopted to carry out this title is guilty of a misdemeanor and on conviction is subject: (1) for...


(a) Grounds for disqualification. -- Except as provided in subsection (b) of this section: (1) an individual who otherwise is eligible to receive benefits is disqualified from...


(a) Grounds for disqualification. -- Subject to subsection (d) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the...


(a) Grounds for disqualification. -- Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits...


(a) Disqualification. -- Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week...


(a) Retirement payment defined. -- In this section, retirement payment: (1) means an amount in the form of a pension, annuity, or retirement or retired pay from a trust, annuity,...


(a) Unemployment not resulting from abolishment of job. -- (1) This subsection applies to unemployment that does not result from abolishment of the individual's job. (2) For each week...


(a) In general. -- In this title the following words have the meanings indicated. (b) Base period. -- Base period means the first 4 of the last 5 completed calendar quarters...


(a) Interpretation and application. -- This section is a guide to the interpretation and application of this title. (b) Findings. -- The General Assembly finds that: (1) economic insecurity...


(a) Rule of construction. -- To the extent necessary to ensure that the United States Secretary of Labor certifies this title under 3304 of the Internal Revenue Code and unless this...


With the advice and help of the State and local advisory councils, the Secretary shall take all appropriate steps to: (1) reduce and prevent unemployment; (2) encourage and assist in...


Unless a report or other written or oral communication that is made or delivered in connection with this title is false and malicious, a person may not bring an action for abusive or...


(a) Void agreements. -- (1) An agreement by an individual to commute, release, or waive a right to benefits under this title is void. (2) An agreement by an employee to pay all or part...


(a) Employers with multiple establishments. -- An individual who performs services for an employer that maintains more than 1 establishment is deemed to be employed by a single employer....


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Division. --...


(a) In general. -- There is a Division of Labor and Industry in the Department of Labor, Licensing, and Regulation. (b) Authority of Secretary. -- The Division exercises its rights, powers,...


(a) Position. -- The head of the Division is the Commissioner. (b) Appointment. -- The Secretary shall appoint the Commissioner with the approval of the Governor. (c) Tenure. -- The...


(a) Deputy Commissioner. -- (1) There is a Deputy Commissioner of Labor and Industry who shall be appointed by the Commissioner with the approval of the Secretary. (2) The...


In addition to any duties set forth elsewhere, the Commissioner shall: (1) try to promote harmony between industry and labor; (2) try to promote and develop the welfare of wage earners; and...


(a) Required. -- The Commissioner shall adopt regulations that govern procedure for boards of arbitration under Title 4, Subtitle 1 of this article. (b) Allowed -- In general. -- Except...


(a) In general. -- In addition to any other units, the Division shall include the units enumerated in this section. (b) Mediation and conciliation. -- There is a State Mediation and...


(a) Required. -- As soon after January 1 of each year as reasonably possible, the Commissioner shall submit an annual report to the Governor, to the Secretary, and, subject to 2-1246 of...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title shall terminate and be of no effect after July 1, 2004. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employ. -- (1)...


(a) Duty of Commissioner. -- In addition to any duties set forth elsewhere, the Commissioner shall: (1) enforce Subtitle 2 of this title; (2) carry out Subtitle 3 of this title; and...


(a) Subtitle 2. -- The Commissioner may conduct an investigation under Subtitle 2 of this title, on the Commissioner's own initiative or may require a written complaint. (b) Subtitle 4. --...


The Commissioner may delegate any power or duty of the Commissioner under Subtitles 2, 4, and 5 of this title. ...


In this subtitle, minor means an individual who is under the age of 18 years. ...


The policy of the State is to encourage the development of minors by allowing them to engage in occupations that prepare them for responsible citizenship, yet to protect them from occupations...


This subtitle does not apply to an activity that a minor performs if the activity: (1) is performed outside the school hours set for that minor; (2) does not involve manufacturing or...


For purposes of this subtitle and during reasonable business hours, the Commissioner may: (1) enter and inspect a place of employment; (2) inspect the employment records of an employee; or...


Unless an employer possesses a work or special permit for a minor, the minor may not work for the employer. ...


(a) Issuance. -- A work permit shall be issued: (1) by the Commissioner; or (2) in accordance with the requirements of the Commissioner, by a county superintendent of schools or designee...


(a) Authority to issue. -- Subject to this section, the Commissioner may issue a special permit for a minor of any age to be employed as an entertainer, model, or performer. (b) Application. --...


A work permit or special permit authorizes a minor to work for an employer as specified in the permit. ...


Except as otherwise provided in this subtitle, a minor under the age of 14 years may not be employed or allowed to be employed. ...


(a) Restrictions. -- (1) A minor may not be employed or allowed to be employed for more than 5 consecutive hours without a nonworking period of at least one-half hour. (2) Except as...


(a) Restrictions. -- (1) Except as provided in subsection (b) of this section, a minor under the age of 16 years may not be employed or allowed to be employed: (i) before 7:00 a.m.;...


(a) Scope of section. -- This section does not apply to a minor who: (1) is a child of the manager, operator, or owner of the business establishment from or to which a check, money,...


(a) In general. -- Except as otherwise provided in this subtitle, a minor may not be employed or allowed to work: (1) in, about, or in connection with the manufacturing of a...


Each employer shall keep posted conspicuously in each place where a minor is employed a printed notice of the provisions of this subtitle, in a form that the Commissioner requires. ...


After review, the Commissioner may revoke a work permit or special permit if the permit is not issued in accordance with the requirements of the Commissioner. ...


(a) Interference. -- A person may not: (1) interfere with or hinder the performance of any duty of the Commissioner under this subtitle; or (2) knowingly give false information to...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employer. -- (1) Employer means: (i) a person engaged in a business, industry,...


This subtitle applies to an employer of both men and women in a lawful enterprise. ...


In addition to any powers set forth elsewhere, the Commissioner may: (1) use informal methods of conference, conciliation, and persuasion to eliminate pay practices that are unlawful under...


(a) In general. -- An employer may not discriminate between employees in any occupation by paying a wage to employees of 1 sex at a rate less than the rate paid to employees of the opposite sex...


(a) Records. -- (1) Each employer shall keep each record that the Commissioner requires on: (i) wages of employees; (ii) job classifications of employees; and (iii)...


(a) Copies. -- On request of an employer, the Commissioner shall provide without charge a copy of this subtitle to the employer. (b) Posting. -- Each employer shall keep posted conspicuously...


(a) Action by employee. -- (1) If an employer violates this subtitle, an affected employee may bring an action against the employer to recover the difference between the wages paid to male...


(a) Prohibited acts of employer. -- An employer may not: (1) willfully violate any provision of this subtitle; (2) hinder, delay, or otherwise interfere with the Commissioner or...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Committee. -- Committee means the Advisory Committee on Wage and Hour Law. (c) Employer. --...


(a) Legislative findings. -- The General Assembly finds that wages in some occupations in the State have been insufficient to provide adequate maintenance and to protect health. (b) Statement...


(a) General exclusions. -- This subtitle does not apply to an individual who: (1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive,...


This subtitle does not diminish: (1) the right of employees to bargain collectively with their employers through representatives whom the employees choose to establish wages or other...


An agreement to work for less than the wage required under this subtitle is void. ...


(a) Power to ascertain wages. -- The Commissioner may ascertain what wage is paid in any occupation in the State. (b) Evidence. -- (1) In an investigation under this subtitle, the...


Repealed by Acts 1993, ch. 552, 1, effective October 1, 1993. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division...


In addition to any regulation specifically required by this subtitle, regulations that the Commissioner adopts to carry out this subtitle may include: (1) definitions of the...


Except as provided in 3-414 of this subtitle, each employer shall pay: (1) to each employee who is subject to both the federal Act and this subtitle, at least the minimum wage for...


(a) Federal certificate defined. -- In this section, federal certificate means a certificate that the United States Department of Labor issues to a work activities center or other...


(a) Board, lodging, or other advantage defined. -- In this section, board, lodging, or other advantage means a facility or service that an employer customarily provides to an employee....


(a) Scope of section. -- (1) This section applies to each employee who: (i) is engaged in an occupation in which the employee customarily and regularly receives more than $ 30 each...


(a) In general. -- Except as otherwise provided in this section, an employer shall compute the wage for overtime under 3-415 of this subtitle on the basis of each hour over 40 hours that...


(a) Nurse defined. -- In this section, nurse means a licensed practical nurse or a registered nurse as defined in 8-101 of the Health Occupations article. (b) Overtime prohibited. --...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) Copies. -- On request by an employer, the Commissioner shall provide without charge a copy of any summary or regulation to the employer. (b) Place for posting. -- Each employer shall...


Each employer shall keep, for at least 3 years, in or about the place of employment, a record of: (1) the name, address, and occupation of each employee; (2) the rate of pay of...


(a) Required. -- The Commissioner shall enter a place of employment to: (1) question employees to determine whether an employer has been and is complying with this subtitle and...


(a) Review allowed. -- (1) A person aggrieved by a regulation or order to pay wages that the Commissioner adopts under this subtitle may file a complaint in circuit court for the county...


(a) Action by employee. -- If an employer pays an employee less than the wage required under this subtitle, the employee may bring an action against the employer to recover the difference...


(a) Prohibited acts of employers. -- An employer may not: (1) pay or agree to pay less than the wage required under this subtitle; (2) hinder or delay the Commissioner or an...


This subtitle may be cited as the Maryland Wage and Hour Law. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employer. -- Employer includes any person who employs an individual in the State or a successor of...


(a) Pay periods. -- (1) Each employer: (i) shall set regular pay periods; and (ii) except as provided in paragraph (2) of this subsection, shall pay each employee at least once...


An employer may not make a deduction from the wage of an employee unless the deduction is: (1) ordered by a court of competent jurisdiction; (2) authorized expressly in writing by...


(a) Responsibility of employer. -- An employer shall give to each employee: (1) at the time of hiring, notice of: (i) the rate of pay of the employee; and (ii) the regular...


Each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day...


To collect wages that employers unlawfully withhold, the Commissioner may enter into a reciprocal agreement with a labor department or other similar unit that has jurisdiction in another...


(a) In general. -- Whenever the Commissioner determines that this subtitle has been violated, the Commissioner: (1) may try to resolve any issue involved in the violation informally...


(a) In general. -- Notwithstanding any remedy available under 3-507 of this subtitle, if an employer fails to pay an employee in accordance with 3-502 or 3-505 of this subtitle, after...


(a) Prohibited acts of employer. -- An employer may not willfully violate this subtitle. (b) Prohibited acts of employee. -- An employee may not knowingly make to a governmental unit or...


This subtitle may be cited as the Maryland Wage Payment and Collection Law. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Commission. -- Commission means compensation that: (1) is due to a sales representative from...


This subtitle does not apply to an individual who is considered under the Maryland Wage Payment and Collection Law to be employed by a principal. ...


A provision of a contract that is made between a sales representative and a principal is void if the provision purports to waive any provision of this subtitle by: (1) an express waiver; or...


Each principal shall pay to a sales representative all commissions that are due under a contract that is terminated, within 45 days after payment would have been due if the contract had...


(a) Treble damages. -- (1) Subject to the requirement of paragraph (2) of this subsection, if a principal violates 3-604 of this subtitle, a sales representative whom the violation affects...


For purposes of personal jurisdiction under 6-103 of the Courts Article, a principal who contracts with a sales representative to solicit wholesale orders for a product in the State...


(a) Entitlement to commission. -- If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled...


(a) Scope of section. -- This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job. (b) Prohibited activity. -- An...


An employer may not discharge an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if: (1) the activity is...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Managerial employee means an employee who: (i) is not covered by a collective...


A pension plan may not reduce a payment to an individual entitled to receive the payment because Social Security payments to that individual increase. ...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, Subtitles 2 and 4 of this title shall terminate and be of no effect after July 1, 2004. ...


(a) Scope. -- This section applies to a proceeding before an administrative or executive board or any similar body provided by an employer, employee organization, or union to hear...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Board. -- Board means a board of arbitration formed under this subtitle to settle a labor dispute....


(a) Agreement for arbitration. -- This subtitle does not preclude or otherwise affect any agreement for arbitration of a dispute in a manner different from that for which this subtitle...


(a) In general. -- Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle. (b) Staff. -- The Commissioner may assign staff to help the Chief Mediator...


To the extent possible, the Mediation Service shall: (1) promote voluntary mediation or arbitration of disputes between employers and employees; and (2) discourage resort to a...


(a) Authorized. -- Subject to the approval of the Governor, the Mediation Service may: (1) appoint a board of arbitration to settle a dispute; and (2) provide: (i) as the...


(a) In general. -- To the same extent as a court of the State in a civil case, the Mediation Service or a board may: (1) conduct an investigation; (2) hold hearings; (3) administer...


(a) Storage. -- Documents and testimony obtained under this subtitle shall be kept in the offices of the Mediation Service. (b) Confidentiality. -- Information that the Commissioner, the...


(a) Scope of section. -- This section applies to a dispute only if the employer involved in the dispute has at least 10 employees. (b) Mediation. -- Whenever a disputant or other reliable...


(a) In general. -- The Mediation Service or a board shall make and publish findings about a dispute for settlement of the dispute. (b) Decision. -- A determination and award of a board is...


Within 5 days after the National Labor Relations Board or other public or private unit certifies or recognizes a bargaining representative, the bargaining representative shall submit to...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Consent election. -- Consent election means an election that is conducted under a consent...


(a) In general. -- Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle. (b) Staff. -- The Commissioner may assign staff to help the Chief Mediator...


To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) In general. -- In this Part II of this subtitle the following words have the meanings indicated. (b) Challenged ballot. -- Challenged ballot means the ballot of an individual...


(a) Authorized. -- A labor organization or individual that purports to represent a substantial number of employees whom a petition affects and an employer may submit to the Mediation Service...


(a) No objection. -- Unless the Mediation Service receives a timely objection to a petition, the Mediation Service shall approve the petition to enter into a consent election agreement....


Each consent election agreement shall describe: (1) the appropriate bargaining unit for the consent election; (2) the payroll period to be used to determine the employees within...


(a) In general. -- The Mediation Service shall conduct each consent election by secret ballot. (b) Removal from ballot. -- (1) If at least 2 labor organizations are to be on the ballot for...


On conclusion of a consent election, the Mediation Service shall provide each party to the consent election with a tally of ballots. ...


The Mediation Service: (1) shall determine whether the number of challenged ballots is sufficient to affect the result of the consent election; and (2) if the number is sufficient,...


(a) Authorized. -- (1) Within 5 days after the Mediation Service provides the tally of ballots for a consent election, a party to the consent election may object to: (i) the conduct...


After investigation of a consent election under 4-212 or 4-213 of this subtitle, the Mediation Service shall: (1) prepare a report, including any recommendation, on the investigation; and...


(a) Authorized. -- Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under 4-214 of this subtitle, a party to the consent election may make...


(a) Determination on substance. -- Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether...


(a) Certification. -- (1) Unless a run-off election is to be held or an investigation is to be made under 4-212 or 4-213 of this subtitle, immediately after the period for filing...

Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...



(a) Petition authorized. -- An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that: (1) the...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Injunctive relief. -- Injunctive relief means: (1) a permanent injunction; (2) a...


(a) Findings. -- The General Assembly finds that: (1) governmental authority has allowed and encouraged employers to organize in corporate and other forms of capital control; and (2)...


This subtitle shall be interpreted and applied in accordance with the policy stated in 4-302 of this subtitle. ...


(a) Promise defined. -- In this section, promise means any undertaking, whether express or implied or oral or written. (b) Against public policy. -- A promise made between an employee...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


A court does not have jurisdiction to grant injunctive relief that specifically or generally: (1) prohibits a person from ceasing or refusing to perform work or to remain in a relation...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


A case shall be held to involve or grow out of a labor dispute when the case involves: (1) persons who are engaged in a single industry, trade, craft, or occupation, employees of the...


The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly...


This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in 4-311 of this subtitle. ...


(a) In general. -- A court may not grant injunctive relief in a labor dispute: (1) if the plaintiff has failed to comply with each obligation imposed by law that is involved in the...


In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:...


(a) Allowed. -- If, in addition to meeting the requirements for an injunction under 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before...


(a) Required for temporary restraining order or temporary injunction. -- Before a court issues a temporary restraining order or temporary injunction in a case that involves or grows out of a...


(a) Findings required. -- A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings...


A party may appeal to the Court of Special Appeals from the issuance or denial of a temporary injunction in a case that involves or grows out of a labor dispute. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

An organization or officer or member of an organization participating or interested in a labor dispute has immunity from liability in accordance with 5-414 of the Courts Article. ...


(a) General rights of accused. -- A person who is charged with constructive criminal contempt for a violation of injunctive relief in a case that involves or grows out of a labor dispute...


(a) Union dues. -- Each employer who, under a collective bargaining agreement, deducts dues from an employee's pay for payment to a union shall make the payment within 30 days after it...


(a) Scope of section. -- This section does not apply to a refusal to leave property based on a bona fide claim of ownership of or other right to the property. (b) In general. -- An employee...


(a) Recruitment restricted. -- A person who is not directly interested in a strike may not provide, obtain, recruit, or refer, for employment in place of a striker, an individual who...


(a) Not conspiracy. -- If commission of an act by 1 person is not an offense, an agreement between 2 or more persons to do or to bring about the act in contemplation or furtherance of a...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, Subtitles 1 and 2 of this title and 4-403 of this subtitle shall terminate and be of no...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- Employee means a fire, EMS, paramedic, or rescue employee hired or compensated by...


Each employer covered by this subtitle shall have the authority to enact a local law or ordinance to permit voluntary collective bargaining between the employer and any employee organization...


Once authorized by a local law or ordinance, collective bargaining between an employer covered by this subtitle and an exclusive representative may include in a memorandum of understanding...


Subject to provisions concerning budgetary and fiscal procedures contained in the employer's charter, if ratified or approved by a legislative enactment of the employer, and if signed by the...


(a) Applicability. -- Subject to subsection (b) of this section, this subtitle only applies to: (1) each charter county that engaged in collective bargaining with an employee organization...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- (1) Employee means a fire, emergency medical services, paramedic, rescue, or...


An employee may elect to exercise the rights available under the collective bargaining agreement as an alternative to the right to a judicial review provided under this subtitle. ...


Redesignated. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employee. --...


(a) Findings. -- The General Assembly finds that: (1) personal injuries and illnesses that arise out of conditions of employment substantially burden employers and employees in terms of...


(a) Application. -- Except as provided in subsection (b) of this section, this title applies to the working conditions at each work place in the State. (b) Exceptions. -- This title does not...


(a) Safe employment and places of employment. -- Each employer shall provide each employee of the employer with employment and a place of employment that are: (1) safe and healthful; and...


The Commissioner shall have the power and authority to administer and enforce this title. ...


(a) General delegation to assistant commissioner. -- The Commissioner may delegate to the assistant commissioner for occupational safety and health any duty or function of the Commissioner...


(a) Allowed; qualifications of inspectors. -- To inspect excavation work for the Commissioner, the Commissioner may deputize an individual who: (1) is employed by a county, a...


(a) Budget of Division; reimbursement. -- (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the General Fund of the State to cover the cost...


(a) Certification to official acts; depositions. -- To carry out a duty or exercise a power under this title, the Commissioner or authorized representative of the Commissioner may:...


(a) Responsibility of Commissioner. -- The Commissioner shall provide for and maintain a comprehensive and effective program on occupational safety and health for employees of public bodies....


On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title;...


(a) Request authorized. -- An employee or authorized representative of employees may request inspection of a place of employment if the employee or representative believes, in good faith, that:...


(a) Apparatus defined. -- In this section, apparatus means any apparatus, device, machinery, or mechanical equipment. (b) Authorized. -- The Commissioner or an authorized representative of...


(a) Application. -- Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request to the owner, lessee, or other person...


(a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under 5-212 of this subtitle to an employer, the Commissioner shall send by certified mail to...


(a) Required. -- The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that an employer or employee or representative of an employee submits under...


(a) Review allowed. -- (1) A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation that the Commissioner adopts to carry out...


(a) Notice of danger; recommendation to Commissioner. -- If an authorized representative of the Commissioner concludes that a condition or practice at a place of employment creates an...


(a) Trade secret defined. -- In this section, trade secret means a device, formula, pattern or compilation of information that: (1) is used in the business of an employer; (2) gives...


In this subtitle, Board means the Occupational Safety and Health Advisory Board. ...


There is an Occupational Safety and Health Advisory Board in the Department of Labor, Licensing, and Regulation. ...


(a) Composition; appointment of members. -- (1) The Board consists of the following 12 members: (i) as an ex officio member, the Commissioner; and (ii) 11 voting members...


From among the public members of the Board, the Commissioner shall appoint a chairman. ...


(a) Voting. -- The Commissioner may not vote. (b) Meetings. -- The Board shall determine the times and places of its meetings. (c) Compensation and reimbursement for expenses. -- Each...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


The Board shall advise, consult with, propose, and recommend to the Commissioner reasonable regulations: (1) to prevent conditions that are detrimental to safety and health in each...


(a) Comparison to federal law; effect on interstate commerce. -- The Board shall propose or recommend occupational safety and health standards that: (1) are or will be at least as effective...


(a) Information and recommendations from Commissioner. -- (1) The Board may ask for and the Commissioner may provide technical or other information that may help the Board to determine the...


The Board shall submit to the Commissioner, with each recommendation for a proposed regulation, a report that: (1) explains the need for the proposed regulation; and (2) summarizes...


(a) Application of State Government Article. -- To adopt a proposed regulation, the Commissioner shall comply with this section and Title 10, Subtitle 1 of the State Government Article. (b)...


The Commissioner may delay the effective date of a regulation for not more than 90 days after publication of the notice of adoption, if the Commissioner determines that the delay is necessary...


(a) Authority. -- Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title...


(a) Duty of Commissioner. -- The Commissioner shall keep in the office of the Commissioner a set of the current regulations adopted to carry out this title. (b) Request for copy. -- (1)...

Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...



An employer who is affected by a regulation adopted to carry out this title may apply to the Commissioner for a temporary or permanent variance from the regulation or a part of the regulation. ...


An applicant for a temporary variance shall apply before the effective date of the regulation or part of a regulation from which the temporary variance is sought. ...


An application for a temporary variance shall: (1) specify the regulation or part of a regulation from which the temporary variance is sought; (2) contain a representation by the...


(a) Temporary variance. -- An applicant for a temporary variance shall: (1) give a copy of the application to its employees or their authorized representative; (2) post, where notices...


(a) Temporary variance. -- The Commissioner shall hold a hearing on an application for a temporary variance on request of: (1) the applicant; or (2) an employee whom the temporary...


(a) Temporary variance. -- To qualify for a temporary variance, an applicant shall establish that the applicant: (1) is unable to comply with a regulation or part of a regulation, by...


(a) Passage. -- The Commissioner may pass 1 interim order for a temporary variance from a regulation. (b) Duration. -- An interim order under this section is effective until the Commissioner...


(a) Passage. -- (1) The Commissioner shall pass an order that grants an employer a temporary variance if: (i) the employer submits an application in accordance with 5-319 and 5-320...


(a) Term. -- Unless an order for a temporary variance from a regulation or part of a regulation is renewed as provided in this section, the order may not be in effect for longer than: (1)...


(a) On Commissioner's initiative. -- The Commissioner may modify or revoke a permanent variance at any time, on the Commissioner's own initiative and after a hearing. (b) On application...


The Commissioner shall adopt regulations that provide: (1) for a consultation program that conforms to federal law and regulations (29 C.F.R. Part 1908); (2) that, unless the employer...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Employee. -- (1) Employee means an employee (as defined in 5-101 of this title) or former...


Sections 5-404 through 5-409 of this subtitle do not apply to: (1) a railroad that is subject to the Federal Railroad Safety Act of 1970 and the jurisdiction of the Federal...


(a) In general. -- Except as otherwise provided in this section, an employer, chemical manufacturer, importer, or distributor shall comply with all applicable provisions of the United...


(a) Prohibited act. -- An employer may not ask or require an employee to waive any right under this subtitle or 29 C.F.R. 1910.1200. (b) Waiver void. -- A waiver of a right under this subtitle...


(a) Scope of section. -- This section does not apply to a consumer product or foodstuff that is: (1) packaged for distribution to and intended for use by the general public; and (2)...


(a) Submission of documents. -- (1) Within 15 days after an employer prepares or revises a chemical information list, the employer shall submit a copy of the list to the Department of...


(a) Right of employees to see documents; access. -- (1) An employee or designated representative may ask an employer for: (i) access to a chemical information list maintained by...


(a) Information for employers. -- An independent contractor to whom this subtitle applies or an employer: (1) before commencement of work at a workplace, shall provide information...


(a) Fire department official defined. -- In this section, fire department official: (1) means an individual who is responsible for the administration of a fire department in a...


The criminal penalty under 5-804 of this title does not apply to a violation that arises under 5-404 through 5-409 of this subtitle. ...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Advisory Committee. -- Advisory Committee means the Advisory Committee on Safety Training Programs...


In consultation with the Advisory Committee, the Commissioner shall develop: (1) a recommended model training program for use by employers; (2) a reasonable periodic employer...


(a) Established. -- There is an Advisory Committee on Safety Training Programs for Power Equipment Operators. (b) Membership. -- (1) The Advisory Committee consists of the following 11...


This subtitle does not apply to an employer with fewer than 6 employees. ...


(a) Training program. -- Each employer that hires employees to operate power equipment shall: (1) develop and carry out an employee safety training program designed to inform employees of...


This subtitle may not be construed to allow or require licensing, registration, or certification of an operator of power equipment. ...


Sections 5-804, 5-805, and 5-806 do not apply to this subtitle. ...


Repealed by Acts 1997, ch. 5, effective October 1, 1997. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or...


(a) Legislative policy. -- The General Assembly finds that: (1) exposure to asbestos, a known carcinogenic agent, creates a significant hazard to the health of the people of the State;...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Confined space means a space that, by design: (i) has limited openings for entry...


(a) Help required. -- (1) Except as provided in subsection (b) of this section, whenever an employer has an employee working in a manhole, the employer shall have another employee available...


(a) Medical information. -- (1) An employer or other person may not discharge or otherwise discriminate against an employee on the basis of information gained through participation of...


(a) Statement of purpose. -- Each employer is encouraged to provide information and incentives that promote ridesharing arrangements. (b) Limits on liability. -- (1) Unless an employer owns...


(a) Requirements for property line connections. -- Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title shall terminate and be of no effect after July 1, 2004. ...


(a) Duty to monitor and keep records. -- The Commissioner may require, by regulation, that an employer: (1) measure or monitor employee exposure to a potentially toxic material or...


(a) Authority to require. -- The Commissioner may require, by regulation, that an employer keep: (1) an accurate record of: (i) each work-related death; (ii) each...


(a) Authority to require. -- The Commissioner may require, by regulation, that an employer keep each record about an activity of the employer that relates to this title as the...


The Commissioner may require, by regulation, that an employer submit reports on the basis of the records that the employer keeps under this title. ...


The penalties in this subtitle do not apply to a public body. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) Prohibition. -- A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed...


(a) Prohibition. -- Unless the Commissioner or an authorized representative of the Commissioner gives written approval, a person may not give advance notice of an inspection to be made under...


If an employer willfully violates any provision of this title, an order passed under this title, or a regulation adopted to carry out this title and the violation caused death to an employee,...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) Required for serious violation. -- (1) For the purpose of this subsection, a violation is considered to be a serious violation if there is a substantial probability that death or...


(a) Maximum amount. -- (1) Except as provided in paragraph (2) of this subsection, a civil penalty under 5-809 of this subtitle may not exceed: (i) $ 7,000 for each violation; and...


(a) Action by or for Commissioner. -- If a civil penalty that is assessed under this title is not paid in full within 30 days after the penalty becomes final, the Commissioner or the...


Each civil penalty under this title shall be paid into the General Fund of the State. ...


This title may be cited as the Maryland Occupational Safety and Health Act. ...


(a) In general. -- In this title the following words have the meanings indicated. (b) Commissioner. -- Commissioner means the Commissioner of Labor and Industry. (c) Employee. --...


It is the intent and purpose of this title to promote safety and health in all areas of railroad operations, to reduce railroad related accidents, to reduce deaths and injuries to all persons,...


This title does not apply to any acceptable working conditions defined in a collective bargaining agreement. ...


(a) In general. -- The Commissioner shall: (1) administer and enforce the provisions of this title; (2) adopt regulations to establish rules of procedure for hearings held in accordance...


For any construction within 8 feet 6 inches laterally from the center line of a railroad track or within 22 feet above the top of the rail, the application for a building permit must...


(a) Budgetary expense of Division of Labor and Industry. -- (1) The proposed budget of the Division of Labor and Industry shall include an appropriation from the General Fund of the State...


On request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit: (1) to enforce a decision of the Commissioner under this title;...


(a) Adoption. -- As necessary, the Commissioner shall adopt appropriate health and safety standards and other regulations relating to: (1) sanitation on railroad property as it affects...


(a) Scope of section. -- This section does not apply to a locomotive that is used only for yard-switching service. (b) Authority of Commissioner. -- (1) The Commissioner may adopt...


(a) Seating for transporting employees. -- A railroad company may not transport an employee to or from work on a caboose or locomotive unless the railroad company provides a fixed seat with a...


(a) Duty of railroad company. -- (1) This section does not apply to designated cleanout and repair tracks. (2) To provide employees a reasonably safe place to work, each railroad...


(a) In general. -- The Commissioner shall allow variances in accordance with this section. (b) Application for a variance. -- Any affected railroad company may apply in writing to the...


(a) In general. -- The Commissioner shall conduct inspections and investigations in accordance with this section. (b) Authority of the Commissioner. -- (1) The provisions of this section...


(a) In general. -- An employee of a railroad company or representative of employees may request inspection of a railroad if the employee or representative believes, in good faith, that:...


(a) Apparatus defined. -- In this section, apparatus means any machinery, device, or equipment or any part of any machinery, device, or equipment. (b) Notice. -- The Commissioner or...


(a) Issuance. -- If, after an inspection or investigation, the Commissioner or authorized representative of the Commissioner is of the opinion that a railroad company has violated this title or...


(a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under 5.5-116 of this title, the Commissioner shall send by certified mail to the railroad company at...


(a) Required. -- The Commissioner shall grant a hearing, if practicable, within 30 days after receipt of a notice that a railroad company or representative of a railroad company submits under...


(a) Review allowed. -- A person adversely affected or aggrieved by any order that the Commissioner passes under this title or any regulation or health and safety standard that the...


(a) Notice of danger; recommendation. -- If the Commissioner or an authorized representative of the Commissioner concludes that a condition or practice in the operation of any railroad creates...


(a) In general. -- (1) A railroad company shall promptly report, in writing or orally, to the Commissioner, after the occurrence of an accident resulting in: (i) a serious injury...


(a) Sanitary condition regulations. -- A person who violates any regulation adopted by the Commissioner under 5.5-109 of this title is guilty of a misdemeanor and on conviction for each...


(a) Duty of Commissioner. -- The Commissioner shall impose civil penalties under this title. (b) In general. -- (1) For the purpose of this subsection, a violation is considered to be a...


In this title, high voltage line means an electric line that: (1) is installed above ground level; and (2) has a voltage of more than 750 volts: (i) between conductors; or...


This title does not apply to: (1) the maintenance or repair of an electric power plant or system that a private company or corporation owns or operates for production of electricity for its...


Until determined otherwise from the owner or operator of an electric line that is above ground level, the electric line is presumed: (1) to be energized on and at all times after...


The Division of Labor and Industry shall administer and enforce this title. ...


(a) Application. -- Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request for access to inspect to the...


If any part of an individual or object will come within 10 feet of a high voltage line while performing the activity, a person shall comply with 6-107 of this title before the person...


Whenever an activity listed under 6-106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall: (1) promptly...


(a) In general. -- The owner or operator of a high voltage line shall perform any act that is reasonably necessary to carry out the safety measures required by 6-107 of this title to...


(a) Equipment defined. -- Equipment includes a crane, derrick, pile driver, power shovel, trimming rig, or similar apparatus. (b) Scope of section. -- This section applies to any equipment...


A person who fails to comply with or violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) In general. -- In this title the following words have the meanings indicated. (b) Agricultural operation. -- Agricultural operation means: (1) a person: (i) who performs a...


(a) General exclusions. -- This title does not apply: (1) to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker; (2) to a...


An agreement by a migrant agricultural worker to waive or modify a right of the migrant agricultural worker under this title is void as contrary to public policy. ...


To the extent practicable, the Commissioner shall reduce duplication of the licensing requirements and enforcement procedures under this title and any applicable federal law through an...


(a) In general. -- The Commissioner shall administer and enforce this title. (b) Investigative power; right of entry. -- To administer or enforce this title, the Commissioner may: (1)...


(a) Powers. -- In addition to any powers set forth elsewhere, the Commissioner: (1) may accept from any source a grant to carry out this title; and (2) to administer or enforce this...


The Commissioner may delegate any power or duty of the Commissioner under this title. ...


On request of the Commissioner, the Attorney General may proceed in a court or before a federal unit to enforce: (1) a decision of the Commissioner made under this title; (2) a...


Except as otherwise provided in this title, an individual shall be licensed by the Commissioner before the individual may perform a farm labor contracting service in the State for consideration. ...


(a) In general. -- An applicant for a license shall: (1) submit to the Commissioner: (i) an application on the form that the Commissioner provides; and (ii) 2 recent,...


On receipt of an application for a license, the Commissioner shall investigate, as appropriate, to determine whether the applicant is entitled to be licensed. ...


(a) Issuance. -- The Commissioner shall issue a license to each applicant who meets the requirements of this subtitle. (b) Contents. -- The Commissioner shall attach to each license issued...


While a license is in effect, it authorizes the licensee to perform farm labor contracting services for consideration. ...


A license expires on the first March 1 after its effective date. ...


While a licensee is performing a farm labor contracting service in the State, the licensee shall: (1) carry the license; and (2) show the license: (i) to each person with whom...


Subject to the hearing provisions of 7-309 of this subtitle, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee: (1)...


(a) Right to hearing. -- Except as provided in 10-226 of the State Government Article or in 7-310 of this subtitle, before the Commissioner takes any final action under 7-308 of...


The Commissioner may suspend a license summarily pending the determination of a hearing under 7-309 of this subtitle if the Commissioner finds suspension necessary to prevent abuse of or...


(a) Authority to issue. -- If, after an investigation, the Commissioner has reason to believe that a person is performing a farm labor contracting service for consideration in the State without...


(a) In general. -- Subject to subsection (b) of this section, the Commissioner may require a farm labor contractor to post a surety bond or other security if the Commissioner: (1) finds...


Any person aggrieved by a final decision of the Commissioner in a contested case, as defined in 10-202 of the State Government Article, may take an appeal as allowed in 10-222 and 10-223...


(a) General information. -- (1) In accordance with this section, each farm labor contractor shall disclose to each migrant agricultural worker: (i) each place of employment in the State;...


Unless there is just cause for noncompliance, each farm labor contractor shall comply with: (1) each written agreement with an agricultural operation that relates to performing a farm...


(a) Authority to require. -- The Commissioner may require, by regulation, a farm labor contractor to keep records of: (1) wages owed to each migrant agricultural worker for agricultural...


(a) Vehicle. -- Each farm labor contractor shall ensure that each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State...


Except as otherwise provided in this title, a person may not perform a farm labor contracting service in the State for consideration unless licensed by the Commissioner. ...


Unless authorized under this title to perform a farm labor contracting service for consideration, a person may not represent to the public, by the use of a title, including licensed farm...


(a) Restriction on initial use. -- Except as otherwise provided in this title, a person may not use a farm labor contractor to perform a farm labor contracting service unless the person...


A person may not interfere with or intimidate an official or other employee of the Department of Labor, Licensing, and Regulation assigned to carry out a function under this title. ...


A person may not assign or transfer a license. ...


(a) Imposition. -- Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates: (1) any provision of...


A farm labor contractor who willfully violates any provision of this title or any regulation adopted to carry out this title is guilty of a misdemeanor and on conviction is subject: (1) for...



(a) In general. -- In this title the following words have the meanings indicated. (b) Base period. -- Base period means the first 4 of the last 5 completed calendar quarters...


(a) Interpretation and application. -- This section is a guide to the interpretation and application of this title. (b) Findings. -- The General Assembly finds that: (1) economic insecurity...


(a) Rule of construction. -- To the extent necessary to ensure that the United States Secretary of Labor certifies this title under 3304 of the Internal Revenue Code and unless this...


With the advice and help of the State and local advisory councils, the Secretary shall take all appropriate steps to: (1) reduce and prevent unemployment; (2) encourage and assist in...


Unless a report or other written or oral communication that is made or delivered in connection with this title is false and malicious, a person may not bring an action for abusive or...


(a) Void agreements. -- (1) An agreement by an individual to commute, release, or waive a right to benefits under this title is void. (2) An agreement by an employee to pay all or part...


(a) Employers with multiple establishments. -- An individual who performs services for an employer that maintains more than 1 establishment is deemed to be employed by a single employer....



Except as otherwise provided in this subtitle, employment is covered employment if: (1) regardless of whether the employment is based on the common law relation of master and servant,...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) American aircraft means an aircraft registered under the laws of the United States....


(a) By employer. -- An employer may submit to the Secretary a written election that employment that otherwise is not covered under this title is covered employment if: (1) payments are...


(a) Pay period defined. -- In this section, pay period means a period of not more than 31 consecutive days for which a payment of wages ordinarily is made to an individual by the employer...


Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that: (1) the individual who performs the work is free from control...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Agricultural work includes employment for a wage that is performed: (i) on a farm...


(a) In general. -- Except as otherwise provided in this subtitle, employment is covered employment if the employment is: (1) performed for a charitable, educational, religious, or...


(a) Vessels with capacity up to 10 tons. -- Except as provided in 8-202(d)(2) of this subtitle, employment performed by a crew member or officer of a vessel on the navigable waters of the...


(a) Railroad Unemployment Insurance Act. -- (1) Employment is not covered employment if performed: (i) for an employer that is determined to be subject to the Railroad...


Employment that an individual performs that is not in the course of the business or trade of the individual's employer is not covered employment unless: (1) during a calendar quarter,...


Employment is not covered employment if performed: (1) for a child or spouse; or (2) for a parent, by a child under the age of 21 years. ...


(a) In general. -- Except as provided in subsection (b) of this section, employment is not covered employment if performed: (1) in a facility that: (i) carries out a program...


(a) Interns. -- Employment that an intern performs is not covered employment if: (1) the employer is a hospital; and (2) the intern has completed a 4-year course in a medical school that...


Employment that a minor performs in the delivery or distribution of newspapers or shopping news is not covered employment unless delivery or distribution is to a point for subsequent delivery...


(a) Employment at camps. -- (1) In this subsection, full-time student means an individual who is: (i) enrolled full-time at an educational institution; or (ii) between...


Employment is not covered employment if performed: (1) as part of an unemployment work relief or work training program assisted or financed wholly or partly by a unit of the federal...


Except employment for not-for-profit organizations and governmental entities, employment is not covered employment if performed by a volunteer test subject who is paid on a per study basis...


Employment is not covered employment if performed by an individual who is a nonimmigrant alien admitted to the United States under 1101(a)(15)(f), (j), (m), or (q) of the federal Immigration...


This title shall be administered under the supervision of the Secretary by 2 coordinate units, the Office of Unemployment Insurance and the Office of Employment Services, established by...


(a) Established. -- There is an Office of Unemployment Insurance. (b) Responsibilities. -- The Office of Unemployment Insurance shall perform any function that the Secretary assigns to it to...


The Secretary may delegate to an employee of the Department any power or duty that is reasonable and proper for the administration of this title. ...


(a) Regulations. -- The Secretary may adopt any regulation that is necessary to carry out this title. (b) Employment of staff. -- (1) In accordance with the provisions of the State...


(a) Investigations. -- To enforce this title, the Secretary may conduct investigations. (b) Oaths, depositions, and certification of official acts. -- To enforce this title, the Secretary may:...


(a) Civil action. -- In a civil action to enforce this title, the Secretary or Board of Appeals and the State may be represented by: (1) the Attorney General; or (2) any qualified...


(a) Appointment. -- With the approval of the Governor, the Secretary shall appoint a State Advisory Council. (b) Composition. -- The State Advisory Council shall consist of: (1) an equal...


(a) Appointment. -- The Secretary shall appoint local advisory councils. (b) Composition. -- Each local advisory council shall consist of: (1) an equal number of members who represent...


(a) Required. -- On or before January 1 of each year, the Secretary shall submit to the Governor an annual report on the administration and operation of this title during the previous fiscal...


(a) Reserve against future liability. -- (1) The balance sheet for the Unemployment Insurance Fund that the Secretary includes in the annual report shall include, if possible, a reserve...


There is an Unemployment Insurance Fund. ...


(a) Duty of Secretary. -- The Secretary shall administer the Unemployment Insurance Fund. (b) Special fund. -- The Unemployment Insurance Fund shall be a special fund that is separate from...


(a) Composition. -- The Unemployment Insurance Fund shall consist of: (1) contributions; (2) reimbursement payments collected under Subtitle 6, Part III of this title; (3) interest...


(a) Role of State Treasurer. -- (1) The State Treasurer is custodian of the Unemployment Insurance Fund. (2) The State Treasurer shall manage the Unemployment Insurance Fund in...


(a) Benefits and refunds. -- (1) The Secretary shall requisition money that is credited to the account of the State in the Unemployment Trust Fund as the Secretary considers necessary...


A check that the State Treasurer issues to pay benefits or refunds shall: (1) be issued only on a warrant signed by the Secretary; (2) bear the signature of the State Treasurer; and...


(a) Application by Secretary. -- In accordance with and to obtain the advantages under Title XII of the Social Security Act the Secretary: (1) may apply for an advance to the...


(a) Application. -- The provisions of this Part I of this subtitle that relate to the Unemployment Trust Fund shall be effective only while: (1) the Unemployment Trust Fund continues to...


This title does not grant an employer or employee any prior claim or right to money the employer pays into the Unemployment Insurance Fund. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


There is an Unemployment Insurance Administration Fund in the State Treasury. ...


(a) Duty of Secretary. -- The Secretary shall administer the Unemployment Insurance Administration Fund. (b) Special fund. -- The State Treasurer shall keep the Unemployment...


(a) Composition. -- The Unemployment Insurance Administration Fund shall consist of: (1) money received from a unit of the federal government or of another State to pay for a facility...


(a) Role of State Treasurer. -- The State Treasurer is custodian of the Unemployment Insurance Administration Fund. (b) Deposits and disbursements. -- (1) Subject to 8-405(b) of...


(a) Loss of money; unnecessary expenditures. -- If the United States Secretary of Labor finds that money in the Unemployment Insurance Administration Fund received under Title III of the...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


There is a Special Administrative Expense Fund in the State Treasury. ...


(a) Duty of Secretary. -- The Secretary shall administer the Special Administrative Expense Fund. (b) Special fund. -- (1) The State Treasurer shall keep the Special Administrative Expense...


(a) Composition. -- The Special Administrative Expense Fund shall consist of money appropriated in the State budget from: (1) fines, interest, and other penalties collected under this title...


(a) Role of State Treasurer. -- The State Treasurer is custodian of the Special Administrative Expense Fund. (b) Appropriation required. -- Money in the Special Administrative Expense Fund...


(a) Composition; appointment of members. -- (1) The Board of Appeals consists of a chairman and 2 associate members. (2) Subject to the approval of the Governor, the Secretary shall...


(a) Quorum. -- Two members of the Board of Appeals shall constitute a quorum. A vacancy does not impair the right of the remaining members to exercise the powers of the Board of Appeals under...


(a) Adoption. -- Except as provided in subsection (b) of this section, the Board of Appeals shall adopt reasonable regulations, in accordance with 10-206 of the State Government Article,...


(a) Oaths, depositions, and certification of official acts. -- To enforce this title, a member of the Board of Appeals, or a designee of a member may: (1) administer an oath; (2) certify...


(a) In general. -- (1) A hearing examiner, special examiner, and the Board of Appeals shall conduct a hearing or appeal in a manner that ascertains the substantial rights of the parties....


(a) Claimants. -- In a proceeding before a hearing examiner, special examiner, or the Board of Appeals, a claimant may be represented by a lawyer or another agent authorized by the claimant....


(a) When required. -- The Secretary shall refer a claim for benefits to the Board of Appeals if the determination of the claim involves: (1) a disqualification that is based on a stoppage...


(a) In general. -- A decision of the Board of Appeals is final subject to judicial review under 8-512 of this subtitle. (b) Decisions on benefits. -- A decision of the Board of Appeals under...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Election. -- Election means an election to make reimbursement payments instead of paying contributions...


(a) In general. -- On the Secretary's own initiative or on application of an employer, the Secretary shall, on the basis of facts that the Secretary finds, determine: (1) whether the...


(a) Posting statements. -- Each employer shall keep posted in places readily accessible to its employees printed statements that are provided without cost to the employer by the Secretary about:...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) In general. -- In this Part II of this subtitle the following words have the meanings indicated. (b) Annual payroll. -- Annual payroll means the total wages for covered employment that...


Except as otherwise provided in this subtitle, an employing unit shall pay contributions at the standard rate of 7.5% of the taxable wage base. ...


(a) Definitions. -- (1) In this section the following terms have the meanings indicated. (2) New employer means an employing unit that does not qualify for an earned rate under 8-610...


(a) Qualifications for earned rate -- In general. -- (1) An employing unit that meets the qualifications of this subsection shall be assigned an earned rate of contribution that is based on...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Successor employer means an employer that: (i) acquires, by sale or otherwise, all...


(a) Duty of Secretary. -- For each employing unit, the Secretary shall keep an earned rating record that shows all benefits that are based on covered employment that was performed for...


(a) In general; limitation. -- (1) Subject to paragraph (2) of this subsection, on the basis of the earned rating record of an employing unit that qualifies for an earned rate of...


(a) Definitions. -- (1) In this section the following terms have the meanings indicated. (2) Reorganized employer means: (i) an employer that alters its legal status,...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) In general. -- A not for profit organization or a governmental entity that has been determined to be an employing unit may make an election in accordance with this Part III. (b) Scope...


(a) Time for filing. -- (1) A not for profit organization may make an election that is effective on the day on which the Secretary determines that the organization is an employing unit...


(a) Scope of section. -- This section applies to each not for profit organization that makes an election. (b) Type security; time for deposit. -- Within 30 days after the effective date of...


(a) Application. -- (1) Two or more employing units that have made an election may submit a joint application to the Secretary for establishment of a group account to share the cost of...


(a) In general; time for payment. -- (1) Reimbursement payments shall be made in accordance with this section. (2) Unless there is an application for review and redetermination of a...


(a) Finality of bill; application for review. -- (1) A bill from the Secretary under 8-620 of this subtitle is final for a not for profit organization or governmental entity unless it...


(a) Failure to file bond or make deposit. -- (1) If a not for profit organization fails to file a bond or make a deposit of money or securities in accordance with 8-618 of this subtitle,...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) In general. -- For each calendar quarter, each employing unit shall submit to the Secretary a contribution and employment report on or before the date that the Secretary sets. (b) Contents....


(a) Reports on individual cases. -- (1) Except as provided in subsections (b) and (c) of this section, on request of the Secretary, an employing unit shall provide to the Secretary a report...


A contribution or reimbursement payment that is due and unpaid shall accrue interest at the rate of 1.5% per month or part of a month from the date on which it is due until the Secretary...


(a) Failure to submit contribution and employment report. -- If an employing unit fails to submit a contribution and employment report under 8-626 of this subtitle, the Secretary: (1)...


(a) In general. -- If, after assessment, an employing unit fails to pay a contribution, reimbursement payment, or interest, the Secretary may collect the amount due by a civil action in the...


The Secretary shall pay any interest and penalties collected under this Part IV of this subtitle into the Special Administrative Expense Fund. ...


(a) Nonpayment. -- If an assessment has become final under 8-629 of this subtitle and an employing unit refuses to pay contributions or make reimbursement payments covered by the...


(a) Notice of intent to acquire. -- A person who acquires the business, organization, trade, or a substantial part of the assets of an employing unit shall notify the Secretary in writing...


(a) Distribution under State law. -- If the assets of an employing unit are distributed under an order of any court under the laws of the State, including an adjudicated insolvency, assignment...


If the Secretary determines that the best interests of the State will be served, the Secretary may: (1) adjust, compromise, or settle any claim or judgment for a contribution,...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) Application for adjustment or refund. -- An employer that has paid to the Secretary, wholly or partly, contributions or interest alleged to be due may submit to the Secretary an...


If a final judgment is rendered in favor of an employer after judicial review of an appeal under 8-602, 8-629, or 8-638 of this subtitle, the Secretary shall refund to the employer,...


In any year in which this title is not certified by the United States Secretary of Labor under 3304 of the Internal Revenue Code, the Secretary shall refund money that was collected from...


(a) Authorization to enter into arrangements. -- Subject to subsections (b) and (c) of this section, the Secretary may enter into a reciprocal arrangement with an agency of another state or...


Benefits paid in accordance with an arrangement entered into under 8-701 of this subtitle shall be paid: (1) under the provisions of this title; (2) under the provisions of the law...


The Secretary shall participate in an arrangement for payment of benefits that are based on a combination of covered employment and employment that is covered under the unemployment insurance...


(a) Finding. -- The General Assembly finds that cooperation among this State, other states, and appropriate federal agencies to exchange services and make available facilities and information...


To the extent permissible under federal law, the Secretary may enter into or cooperate in arrangements with a foreign government under which facilities and services provided under this title...


(a) Required for benefits. -- To be eligible for benefits, an individual who files a claim for benefits shall be unemployed. (b) Individuals considered to be unemployed. -- An individual...


An individual is eligible for benefits if, during the base period: (1) the individual was paid wages of at least the lower quarterly wage amount in line 1 of the schedule of benefits in ...


For purposes of determining the weekly benefit amount in any benefit year under 8-803 of this subtitle, wages paid by a private, for-profit employing unit for employment performed by...


(a) When available. -- (1) Subject to subsection (b) of this section, in addition to the weekly benefit amount in the schedule of benefits, a claimant shall be paid an allowance of $ 8 for...


(a) In general. -- To apply for benefits an individual shall file a claim for benefits in accordance with regulations adopted by the Secretary. (b) Required information. -- A claimant...


(a) In general. -- (1) Notwithstanding any provision of 8-805 and 8-806 of this subtitle or Subtitle 10 of this title, the Secretary promptly shall pay benefits to a claimant in...


Alimony or spousal support payments may only be deducted or withheld from any unemployment insurance benefits to the extent authorized by federal law. ...


(a) Redetermination; retroactive award of wages; individual not unemployed. -- The Secretary may recover benefits paid to a claimant if the Secretary finds that the claimant was not entitled...


(a) In general. -- An individual filing a new claim for unemployment insurance benefits establishing a new benefit year shall be advised of the following, at the time of filing such claim:...


(a) Claim information defined. -- In this section, claim information means information regarding: (1) whether an individual is receiving, has received, or has applied for benefits under...


An individual who files a claim in accordance with regulations adopted under this title is eligible to receive benefits with respect to any week if the Secretary finds that the individual...


(a) Required. -- To be eligible for benefits, in accordance with the regulations of the Secretary, an individual shall: (1) register for work at an employment office; and (2) report to...


(a) In general. -- (1) Except as otherwise provided in this section, to be eligible for benefits an individual shall be: (i) able to work; (ii) available for work; and...


(a) Periods not exceeding 10 weeks. -- When an employer closes its entire plant or part of its plant for inventory, vacation, or another purpose that will cause unemployment for a definite...


(a) Conditions of eligibility. -- An alien is not eligible for benefits unless at the time the covered employment was performed the alien: (1) was admitted to the United States lawfully...


(a) Employment status. -- An individual who otherwise is unemployed may not be considered to be employed because the individual is engaged in inactive duty for training as a member of the...


(a) Illness or disability. -- An individual may not be denied benefits for any week of unemployment for failure to meet the requirements of 8-903(a)(1) of this subtitle to be able to...


An individual is not eligible for benefits for any week that begins during a period between 2 successive athletic seasons or other similar period based on covered employment substantially all...


(a) In general. -- Subject to the provisions of this section, benefits based on service in covered employment under 8-208(a) and 8-212(c) of this title shall be payable in the same amount,...


Except as provided in Subtitle 11 of this title, an individual who has received benefits in a benefit year is not eligible for benefits in a subsequent benefit year unless, after the beginning...

 


(a) Grounds for disqualification. -- Except as provided in subsection (b) of this section: (1) an individual who otherwise is eligible to receive benefits is disqualified from...


(a) Grounds for disqualification. -- Subject to subsection (d) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the...


(a) Grounds for disqualification. -- Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits...


(a) Disqualification. -- Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week...


(a) Retirement payment defined. -- In this section, retirement payment: (1) means an amount in the form of a pension, annuity, or retirement or retired pay from a trust, annuity,...


(a) Unemployment not resulting from abolishment of job. -- (1) This subsection applies to unemployment that does not result from abolishment of the individual's job. (2) For each week...


Unless the result would be inconsistent with another provision of this Part III of this subtitle or with the Federal-State Extended Unemployment Compensation Act of 1970, the provisions of...


(a) Parameters. -- An extended benefit period is a period that: (1) begins with the 3rd week after the 1st week for which there is a State on indicator but not earlier than the 14th...



(a) Weekly amount. -- The weekly amount of extended benefits payable for a week of total unemployment during an individual's eligibility period is equal to the amount of regular...


Notwithstanding any other provision of this title, as to extended benefits for which the federal government wholly reimburses the State, the Secretary may not: (1) charge the earned...


(a) Limit on payment. -- Except as provided in subsection (b) of this section, the Secretary may not pay extended benefits to an individual for a week under an interstate claim submitted...


(a) Failure to search for work. -- An individual is disqualified for extended benefits if the individual fails to comply with the requirements of 8-1104(f)(1) of this subtitle unless the...


The work sharing unemployment insurance program seeks to: (1) preserve the jobs of employees and the work force of an employer during lowered economic activity by reduction in work hours...


(a) Submittal to Secretary. -- An employing unit or employer association that wishes to participate in the work sharing unemployment insurance program shall submit to the Secretary a written...


The Secretary shall approve a work sharing plan that meets the following requirements: (1) the work sharing plan shall apply to: (i) at least 10% of the employees in the affected unit;...


(a) Allowed. -- An approved work sharing plan may be modified if the modification meets the requirements for approval under 8-1204 of this subtitle and the Secretary approves the...


(a) Determination by Secretary. -- An affected employee is eligible under 8-1207 of this subtitle to receive work sharing benefits for each week in which the Secretary determines that...


(a) In general. -- Work sharing benefits shall be determined in accordance with this section. (b) Computation of work sharing benefit. -- (1) To compute work sharing benefits: (i)...


The Secretary may revoke approval of an approved work sharing plan for good cause, including: (1) conduct or an occurrence that tends to defeat the intent and effective operation of...


A person, for that person or another, may not knowingly make a false statement or false representation or knowingly fail to disclose a material fact to receive or increase a benefit or...


An employer, its officer or agent, or another person may not: (1) knowingly make a false statement or false representation or knowingly fail to disclose a material fact to: (i) prevent...


An employing unit, directly or indirectly, may not: (1) accept, make, or require a deduction from a wage to pay a contribution that the employing unit is required to pay; or (2) accept...


A person may not, without just cause, fail or refuse to obey a subpoena issued under 8-306(c) or 8-505(b) of this title if the person has the power to obey the subpoena. ...


(a) $1,000 and 90 days. -- Unless another penalty is provided by statute, a person who willfully violates a provision of this title or a regulation adopted under this title is guilty of...


A prosecution under 8-1301, 8-1302, or 8-1305(a) of this subtitle shall be instituted within 3 years after the date on which the offense was committed. ...


This title may be cited as the Maryland Unemployment Insurance Law. ...


(a) In general. -- In this subtitle the following terms have the meanings indicated. (b) Former servicemember. -- Former servicemember means a former member of the federal service as defined...


(a) In general. -- In this subtitle the following terms have the meanings indicated. (b) Former servicemember. -- Former servicemember means a former member of the federal service as defined...


(a) In general. -- In this subtitle the following terms have the meanings indicated. (b) Former servicemember. -- Former servicemember means a former member of the federal service as defined...


Unless the result would be inconsistent with this subtitle, the provisions of this title that apply to claims for or the payment of regular benefits shall apply to additional benefits for...


(a) Eligibility period. -- The eligibility period of a former servicemember consists of: (1) the weeks in the former servicemember's benefit year that begin during the additional...


(a) Amount of benefits. -- Except as provided in subsection (b) of this section, with respect to unemployment that occurs during an additional benefit period, a former servicemember who...


A former servicemember who otherwise is eligible for additional benefits may not be denied benefits under 8-1504 of this subtitle or 8-1005 of this title because the former servicemember is...


Abrogated. ...



(a) In general. -- In this title the following words have the meanings indicated. (b) Accidental personal injury. -- Accidental personal injury means: (1) an accidental injury that arises...

(a) In general. -- This title shall be construed to carry out its general purpose. (b) Rule for strict construction inapplicable. -- The rule that a statute in derogation of the common law is...


(a) Deemed adult. -- Except as otherwise expressly provided in this title, each minor who is a covered employee shall be deemed an adult for purposes of this title. (b) Limit on cause of action...


(a) Issuance of license or permit. -- Before a governmental unit may issue a license or permit to an employer to engage in an activity in which the employer might employ a covered employee,...

This title applies to the following employers: (1) each person who has at least 1 covered employee; and (2) each governmental unit or quasi-public corporation that has at least 1...


(a) In general. -- Except as otherwise provided, an individual, including a minor, is a covered employee while in the service of an employer under an express or implied contract of...


(a) In general. -- Except as otherwise expressly provided, an individual is a covered employee while working for the employer of the individual: (1) in this State; (2) outside of this...


(a) In general. -- (1) Except as provided in subsection (b) of this section, with the approval of the Commission, an individual who otherwise would not be a covered employee and the employer...


A casual employee is not a covered employee. ...


(a) In general. -- Subject to subsection (b) of this section, an officer of a corporation or a member of a limited liability company is a covered employee if the officer or member provides...


(a) Covered employee. -- An individual is a covered employee if the individual regularly distributes or sells newspapers: (1) on the street; or (2) to customers at their homes or places...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Farmer includes a dairy farmer. (3) (i) Migrant farm worker means an individual who...


An individual is a covered employee if the individual is employed as a helper of another covered employee with the actual or constructive knowledge of the employer of the other covered...


(a) Scope of section. -- (1) This section applies to each jockey licensed by the State Racing Commission to ride a thoroughbred horse. (2) This section applies only at a thoroughbred...


(a) Covered employee. -- An individual on jury duty in a circuit court of a county is a covered employee. (b) Employer. -- For the purposes of this title, the State is the employer of...


An individual who is employed to do maintenance, remodeling, repairs, or similar work is not a covered employee if: (1) the individual is employed for not more than 30 consecutive work...


(a) Covered employee. -- Each officer or enlisted member of the organized militia of the State is a covered employee in peace time, while the member is: (1) training as part of the...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Mine includes a drift, shaft, slope, tunnel, underground room, and any other underground...


(a) In general. -- Except as provided in subsection (b) of this section, each appointed or elected official of a political subdivision is a covered employee while performing an official duty....


(a) Applicability. -- (1) This section applies to an individual who is an owner operator of: (i) a Class F (tractor) vehicle, as described in 13-923 of the Transportation Article; or...


(a) In general. -- Unless an election is made in accordance with this section, a partner of a partnership is not a covered employee. (b) Election. -- A partnership may elect to make a partner...


An individual is not a covered employee if the individual: (1) is a licensed real estate salesperson or a licensed associate real estate broker; (2) is affiliated with a licensed real...


(a) In general. -- An individual is not a covered employee if the individual is eligible under a federal law, other than the Social Security Act, for benefits for an accidental personal injury...


(a) Covered employee. -- An individual is a covered employee while the individual is assigned to a job under: (1) general public assistance to employables; or (2) a work experience...


A resident in a facility as defined in 10-101(e) of the Health-General Article is not a covered employee. ...


(a) Covered employee. -- A volunteer aide under 6-106 of the Education Article is a covered employee. (b) Employer. -- For the purposes of this title, the Board of School Commissioners...


(a) Handicapped student. -- (1) A handicapped student is a covered employee while working for an employer without wages in a work assignment in accordance with 8-402 of the Education...


An individual who is a covered employee while regularly employed or while serving an apprenticeship continues to be a covered employee while the individual receives instruction or training...


(a) Definitions. -- (1) In this section the following words have the meanings indicated. (2) Ridesharing has the meaning stated in 11-150.1 of the Transportation Article. (3)...


Except as otherwise expressly provided by law, a volunteer worker for a unit of a political subdivision in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne's, St....


(a) Covered employee. -- (1) Except as provided in paragraph (2) of this subsection, each regularly enrolled volunteer member or trainee of the Maryland Emergency Management Agency...


An individual is not a covered employee while performing a service only for aid or sustenance from a charitable or religious organization. ...


An individual is a covered employee while performing a service for compensation in the course of the business, occupation, profession, or trade of an employer if, in relation to the service,...


There is a State Workers' Compensation Commission established as an independent unit of the State government. ...


(a) Composition; appointment of members. -- The Commission consists of 10 members, appointed by the Governor with the advice and consent of the Senate. (b) Qualifications. -- (1) Each member...


(a) In general. -- From among the members of the Commission, the Governor shall appoint a chairman. (b) Responsibilities for administration. -- (1) The Chairman is the administrative...


(a) Full-time duties. -- (1) Each member of the Commission shall devote full time to the duties of office. (2) While on the Commission, a member may not: (i) practice law;...


(a) In general. -- (1) The Chairman of the Commission may employ a staff for the Commission in accordance with the State budget. (2) Except as otherwise provided by law, the staff is in...


The Commission: (1) shall have its principal office in Baltimore City; and (2) may have in the State any branch offices that the Chairman considers necessary to carry out this title. ...


(a) In general. -- Except for legal holidays, the Commission shall be in session continuously and open for business during business hours Monday through Friday. (b) Public. -- Each session...


(a) In general. -- Any member of the Commission may conduct a hearing or other investigation for the Commission. (b) Decisions; orders. -- A decision or order of a member of the Commission...


(a) Regulations. -- The Commission may adopt regulations to carry out this title. (b) Oaths; certification of official acts. -- To carry out this title, a member of the Commission, the...


In determining the amount of a financial penalty or fine to be imposed under this title, the Commission, in a fair and equitable manner, shall consider: (1) the seriousness and effect of...


(a) Reimbursement. -- In any administrative action before the Commission, if it is established by a preponderance of the evidence that a person has knowingly obtained benefits under this title...


(a) In general. -- To carry out this title, a member of the Commission, the Secretary of the Commission, a special examiner, or an inspector may issue a subpoena for the attendance of a witness...


(a) Annual report. -- (1) As soon as practicable after the end of the fiscal year, the Chairman of the Commission shall submit an annual report to the Governor. (2) The annual report...


(a) In general. -- The Commission may require an insurer, including the Injured Workers' Insurance Fund, or a self-insurer to submit a report or analysis that the Commission considers useful...


(a) Distribution -- Employer. -- The Commission shall provide employers, without charge, blank forms for: (1) an application for benefits; (2) notice of compensation; (3) proof...


The Commission shall pay the costs of the administration of the Occupational Safety and Health Program by the Commissioner of Labor and Industry under Title 5 of this article. ...


(a) Establishment. -- There is an Advisory Committee on the budget of the Commission. (b) Membership. -- (1) The Advisory Committee consists of 12 members, appointed by the Governor with...


(a) Prepare tentative budget. -- By September 1 of each year, the Commission shall prepare a tentative operating budget for the next fiscal year and submit it to the Advisory Committee...


(a) Establishment and contents. -- There is a Workers' Compensation Fund that consists of: (1) all revenue received through the imposition and collection of the assessment tax under 9-316...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Authorized insurer. -- Authorized insurer means a stock corporation or mutual association that...


(a) In general. -- Subject to subsections (b) through (f) of this section, each employer shall secure compensation for covered employees of the employer by: (1) maintaining insurance with...


(a) Required. -- An employer who wishes to self-insure under 9-402(a)(5) of this subtitle and a governmental self-insurance group that wishes to establish joint self-insurance coverage under...


In exercising the discretion granted to the Commission by this subtitle, the Commission shall consider: (1) each condition or fact about security and prompt payment of compensation, including:...


(a) Order to insure. -- If an employer fails to secure compensation for the covered employees of the employer as required by 9-402 of this subtitle, the Commission shall order the employer...


(a) Agreement for indemnity. -- Any agreement of an employer that indemnifies the employer for damage or loss due to the injury of an employee caused by accidental personal injury,...


An employer may appeal any decision of the Commission under this subtitle to the circuit court for the county in which the employer resides. ...


(a) In general. -- Except as otherwise provided, each employer of a covered employee shall provide compensation in accordance with this title to: (1) the covered employee for an...


(a) Disablement defined. -- In this section, disablement means the event of a covered employee becoming partially or totally incapacitated: (1) because of an occupational disease; and...


Except as otherwise provided, an employer shall provide compensation in accordance with this title to a covered employee for a hernia caused by an accidental personal injury or by a strain...


Compensation may not be denied to a covered employee because of the degree of risk of the employment of the covered employee. ...


(a) Employers. -- Except as otherwise provided in this title, the liability of an employer under this title is exclusive. (b) Covered employees and dependents. -- Except as otherwise provided...


(a) In general. -- Except as provided in subsection (b) of this section, if the provisions of this title that provide compensation for an accidental personal injury, compensable hernia,...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Advisory Committee. -- Advisory Committee means the Advisory Committee on the Registration...


The purpose of this subtitle is to establish educational and experience requirements for individuals who provide vocational rehabilitation services in the workers' compensation field and...


(a) Registration by Division of Rehabilitation Services. -- The State Department of Education, Division of Rehabilitation Services, shall be registered with the Commission to provide...


(a) Other health occupations. -- This subtitle does not limit the right of any individual to engage in a health occupation that the individual otherwise is authorized to engage in under the...


(a) In general. -- There is an Advisory Committee on the Registration of Rehabilitation Practitioners within the Commission. (b) Members. -- The Advisory Committee consists of seven...


(a) Individual practitioners. -- A rehabilitation practitioner shall be registered with the Commission before the practitioner may receive payment under this title for providing...


(a) Regulations. -- In addition to any powers set forth elsewhere, the Commission may adopt any regulation to carry out this subtitle. (b) Fees. -- (1) Subject to paragraph (2) of...


(a) In general. -- To qualify for registration, an applicant shall be an individual who meets the requirements of this section. (b) Basic requirements. -- The applicant shall: (1) be at...


(a) Nurse case managers. -- To qualify for registration, a nurse case manager shall be certified as such by the State Board of Nursing. (b) Rehabilitation counselors. -- To qualify...


An applicant for registration shall submit an application to the Commission on the form required by the Commission and pay the registration fee as established by the Commission. ...


(a) In general. -- Subject to the provisions of this section, the Commission may waive any requirements of this subtitle for a rehabilitation practitioner who applies for registration to...


The Commission shall register any applicant who meets the requirements of this subtitle. ...


A registration, while in effect, authorizes an individual, as a rehabilitation practitioner, to provide vocational rehabilitation services. ...


(a) Term of registration. -- A registration expires on the date set by the Commission, unless the registration is renewed for an additional term as provided in this section. A registration may...


(a) Penalty; violation. -- The Commission may deny registration to any applicant, reprimand any registrant, or suspend or revoke any registration if the applicant or registrant:...


(a) Hearing before the Commission. -- Before the Commission takes any final action under 9-6A-15 of this subtitle, the Commission shall give the individual against whom the action...


Any individual aggrieved by a decision of the Commission under this subtitle may appeal the decision as allowed under Subtitle 7 of this title. ...


Except as otherwise provided in this subtitle, an individual may not engage, attempt to engage, or offer to engage in the practice of providing vocational rehabilitation services in the...


Unless authorized under this subtitle to engage in the practice of providing vocational rehabilitation services, an individual may not: (1) be reimbursed under this title for the provision...


This subtitle may be cited as the Maryland Rehabilitation Practitioner Registration Act. ...


A provision of this subtitle may not be construed to change: (1) a law relating to an accidental personal injury or an occupational disease, that occurred before the effective date of...


(a) Computation -- In general. -- (1) Except as otherwise provided in this section, the average weekly wage of a covered employee shall be computed by determining the average of the...


On or before December 15 of each year, the Department of Labor, Licensing, and Regulation shall: (1) determine the State average weekly wage as of July 1 of that year; and (2) report...


(a) In general. -- The Commission shall compute all compensation awarded under this title in accordance with the applicable schedule in this subtitle. (b) Rounding off. -- In computing the rate...


If an employer or its insurer wholly or partly pays compensation, the payment bars recovery from the other of the amount paid. ...


(a) In general. -- In a claim involving a minor who is employed illegally under State law, the Commission may double the amount of compensation and death benefits authorized by this title....


(a) Waiting period. -- The Commission may not award compensation to a prisoner who is a covered employee under 9-221 of this title until the prisoner is discharged by pardon, parole,...


(a) Determination of percentage of contribution. -- The Commission shall determine the percentage that an occupational disease contributed to the death or disability of a covered employee when:...


If a covered employee or the dependents of a covered employee receive compensation or damages under the law of another state, this title may not be construed to allow a total compensation for...


The Workers' Compensation Commission may order an offset or credit against an award for permanent partial disability benefits for: (1) any vocational rehabilitation benefits previously...


An abated award of compensation for disability or death due to an occupational disease is subject to an assessment under 9-1008 of this title. ...

Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...



A covered employee who is temporarily partially disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part II of...


(a) Amount of payment. -- (1) Subject to paragraph (2) of this subsection, if the wage earning capacity of a covered employee is less while temporarily partially disabled, the employer or...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

A covered employee who is temporarily totally disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part III of this subtitle. ...


This Part III of this subtitle does not affect or change the law applicable to: (1) an accidental personal injury or occupational disease that occurred before the provisions of this Part III...


(a) Disability for 14 days or less. -- If a temporary total disability lasts for 14 days or less, compensation may not be allowed for 3 calendar days after the beginning of the disability...


(a) Amount of payment. -- (1) Except as provided in paragraph (2) of this subsection, if a covered employee is temporarily totally disabled due to an accidental personal injury or...


(a) Amount of payment. -- If, under an initial claim filed on or after January 1, 1988, temporary total disability benefits are reopened under 9-736(b) of this title, the employer or its...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


A covered employee who is permanently partially disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part IV of...


(a) In general. -- Except as provided in subsection (b) of this section, a covered employee who is entitled to compensation under this subtitle for a permanent partial disability shall...


(a) In general. -- If a covered employee is entitled to compensation for a permanent partial disability under this Part IV of this subtitle, the employer or its insurer shall pay the...


(a) In general. -- (1) Except as provided in paragraph (2) of this subsection, if a covered employee is given an award or a combination of awards resulting from 1 accidental personal injury...


Compensation for a permanent partial disability under this Part IV of this subtitle shall be paid in addition to and consecutively with compensation for a temporary total disability under Part...


(a) Scope of section. -- This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. (b) In general. -- If a covered employee dies from a cause that is...


If an award of permanent partial disability compensation is reversed or modified by a court on appeal, the payment of any new compensation awarded shall be: (1) subject to a credit...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


A covered employee who is permanently totally disabled due to an accidental personal injury or an occupational disease shall be paid compensation in accordance with this Part V of this subtitle. ...


(a) Determination of disability. -- Except as provided in subsection (b) of this section, a permanent total disability shall be determined in accordance with the facts in each case....


(a) Amount of payment. -- (1) Except as provided in paragraph (2) of this subsection, if a covered employee has a permanent total disability resulting from an accidental personal injury or...


Compensation for a permanent total disability under this Part V of this subtitle shall be paid in addition to and consecutively with compensation for a temporary total disability under Part III...


(a) Scope of section. -- This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. (b) In general. -- If a covered employee dies from a cause that is...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

A covered employee who has a hernia resulting from an accidental personal injury or a strain shall be paid compensation in accordance with this Part VI of this subtitle. ...


(a) Surgery. -- Whenever practicable, a femoral, inguinal, or other hernia proven to be the result of an accidental personal injury or strain in accordance with 9-504 of this title shall...


(a) In general. -- If a covered employee who suffers from a compensable hernia refuses to undergo surgery to cure the hernia, the employer or its insurer shall pay the covered...


(a) Scope of section. -- This section does not apply to compensation paid under Title 10, Subtitle 2 of this article. (b) In general. -- If a covered employee dies from a cause that is...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

A covered employee who suffers from occupational deafness shall be paid compensation in accordance with this Part VII of this subtitle. ...


(a) In general. -- Except as provided in subsection (b) of this section, an employer is liable for the full extent of the occupational deafness of a covered employee if: (1) the employment...


(a) Right of employer. -- In a proceeding for compensation on the claim of a covered employee, an employer who is liable for the full extent of the occupational deafness of the covered...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

This Part VIII of this subtitle does not apply to: (1) a temporary partial disability; (2) a temporary total disability; or (3) a disability where the combined effects resulting from...


(a) Determination by Commission. -- If it appears that a permanent disability of a covered employee following an accidental personal injury or occupational disease is due partly to the...


(a) In general. -- When entering into a contract of employment, an individual who has suffered the loss or loss of use of a hand, arm, foot, leg, or eye may waive any right to compensation...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) In general. -- In addition to the compensation provided under this subtitle, if a covered employee has suffered an accidental personal injury, compensable hernia, or occupational disease...


(a) In general. -- The employer or its insurer shall repair or replace an artificial eye, limb, tooth or other prosthetic appliance or eyeglasses damaged or destroyed because of an accident...


(a) Regulations. -- (1) The Commission shall adopt regulations setting standards for the assessment of fines under 9-664 of this Part IX of this subtitle. (2) The Commission may...


(a) Fine. -- (1) If the Commission finds that the employer or its insurer has failed, without good cause, to pay for treatment or services required by 9-660 of this Part IX of this...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

In addition to any other compensation paid to a covered employee entitled to compensation under this title, the employer or its insurer shall reimburse the covered employee for lost wages due...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) In general. -- In this Part XI of this subtitle the following words have the meanings indicated. (b) Disabled. -- Disabled means rendered unable as the result of an accidental...


(a) Registration required. -- If required by the Commission, an individual who provides vocational rehabilitation services under this title in the State shall register with the Commission...


A disabled covered employee is entitled to vocational rehabilitation services. ...


(a) Referral to provider; obtaining plan. -- The Commission shall: (1) refer a covered employee who is entitled to vocational rehabilitation services under 9-672 of this Part XI of...


(a) Expenses. -- The employer or its insurer shall pay the expenses of the vocational assessment and vocational rehabilitation services of a covered employee. (b) Compensation. -- (1) While...


(a) First report. -- When a covered employee has received temporary total disability benefits continuously for 6 months, the insurer or self-insurer shall submit to the Commission a...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


A dependent of a covered employee who is entitled to compensation for the death of the covered employee resulting from an accidental personal injury or occupational disease shall be...


Except as otherwise provided in this subtitle, the Commission shall determine all questions of partial or total dependency in accordance with the facts of each case that existed: (1) at...


(a) Surviving spouse -- Desertion; marriage after accidental personal injury or occupational disease. -- The surviving spouse of a covered employee whose death was caused by an accidental...


(a) In general. -- If there are individuals who were wholly dependent on a deceased covered employee at the time of death resulting from an accidental personal injury or occupational disease,...


(a) Apportionment -- In general. -- If there are multiple dependents entitled to death benefits, the Commission may apportion an award of death benefits among the dependents in the manner that...


If there are no dependents, the liability of an employer or its insurer shall be limited to: (1) medical services or treatment under Part IX of this subtitle; (2) funeral benefits under...


If a dependent of a covered employee dies, the right to any death benefit that is payable to the dependent and unpaid on the date of death of the dependent: (1) shall survive and be vested...


(a) Representation by consular officer. -- A dependent of a covered employee who is a nonresident alien may be officially represented by a consular officer of the nation of which the dependent...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

Subject to this title, the Commission shall: (1) adopt reasonable and proper regulations to govern the procedures of the Commission, which shall be as simple and brief as reasonably possible;...


Absent substantial evidence to the contrary, in a proceeding for the enforcement of a claim under this title, it is presumed that: (1) the claim comes within this title; (2)...


Each employer shall have at all times a sufficient supply of each form that the Commission provides. ...


(a) Scope of section. -- This section does not apply to a compensable hernia. (b) Notice required. -- If a covered employee is injured or dies due to an accidental personal injury, oral or...


(a) Notice required. -- If a covered employee is disabled or dies due to an occupational disease, written notice of the disability or death shall be given to the employer by the covered...


(a) Excused by Commission. -- The Commission shall excuse a failure to comply with the notice requirement of 9-704 or 9-705 of this subtitle if the Commission finds that: (1) there was...


(a) Accidental personal injury. -- If an accidental personal injury causes disability for more than 3 days or death, the employer shall report the accidental personal injury and the disability...


(a) Scope of section. -- This section does not apply to: (1) a partner whom a partnership elects to be a covered employee under 9-219 of this title; (2) a sole proprietor who elects to...


(a) Filing claim -- In general. -- Except as provided in subsection (c) of this section, if a covered employee suffers an accidental personal injury, the covered employee, within 60 days after...


(a) Scope of section. -- This section does not apply to a claim for death due to an accidental personal injury from ionizing radiation. (b) Filing claim. -- If a covered employee dies from...


(a) Filing claim. -- If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a...


(a) In general. -- If the employer or its insurer directs or requests a covered employee or, in case of death, the personal representative of the covered employee to submit the claim...


(a) Payment or filing within 21 days. -- Except as provided in subsection (c) of this section, within 21 days after a claim is filed with the Commission, the employer or its insurer shall:...


(a) In general. -- The Commission may conduct an investigation in the manner that the Commission finds best to: (1) determine the substantial rights of each party; and (2) carry out...


(a) In general. -- In any investigation or hearing by the Commission, a person may not be excused from testifying or producing a document in accordance with an order of the Commission or...


(a) Application to circuit court. -- If, without reasonable cause, a witness refuses to produce a document or to testify in accordance with an order of the Commission, the Commission may and,...


(a) Acceptance as evidence. -- The Commission may receive into evidence all or any part of a transcript of an investigation if the transcript was made by a stenographer appointed by the...


(a) Authorized. -- Subject to subsection (b) of this section, a party to a proceeding before the Commission may take an oral deposition as provided by law for a civil case. (b) Limited...


(a) In general. -- If requested by the Commission, a covered employee who is eligible for compensation under this title shall submit to a medical examination at a place and time...


(a) In accordance with regulations. -- A physician shall evaluate a permanent impairment and report the evaluation to the Commission in accordance with the regulations of the Commission....


(a) In general. -- Subject to approval by the Commission under subsection (b) of this section, after a claim has been filed by a covered employee or the dependents of a covered employee,...


In a proceeding to enforce a claim of an employee, an insurer may not assert, as a defense, that the employee is not a covered employee if the insurer has accepted or is entitled to receive...


The Commission shall schedule hearings to ensure that each claim under this title is heard without unreasonable delay. ...


The employer or its insurer shall begin paying compensation to the covered employee within 15 days after the later of the date: (1) an award is made; or (2) payment of an award is due. ...


(a) Within 15 days. -- If the Commission finds that an employer or its insurer has failed, without good cause, to begin paying an award within 15 days after the later of the date that the award...


(a) Scope of section. -- This section does not apply to a claim involving a temporary disability. (b) Conversion to lump sum. -- If the Commission finds that a lump-sum payment is warranted...


(a) Scope of section. -- This section does not apply to compensation: (1) for a serious disability under 9-630 of this subtitle; or (2) payable by the Subsequent Injury Fund....


(a) In general. -- (1) Unless approved by the Commission, a person may not charge or collect a fee for: (i) legal services in connection with a claim under this title; (ii)...


Except as provided in Title 10 of the Family Law Article, before the issuance and delivery of a check or draft for any money payable under this title, the money may not be assigned, charged,...


If the Commission finds that a person has brought a proceeding under this title without any reasonable ground, the Commission shall assess against the person the whole cost of the...


(a) Scope of section. -- This section applies only to a prisoner who is a covered employee under 9-221 of this title. (b) Claim application. -- A prisoner who is permanently partially...


(a) Filing with circuit court. -- To take an appeal, a person shall file an order of appeal with the circuit court: (1) that has jurisdiction over that person; or (2) for the county...


An appeal from the Commission has precedence over all other cases except criminal cases. ...


An appeal is not a stay of: (1) an order of the Commission requiring payment of compensation; or (2) an order or supplemental order of the Commission requiring the provision of...


Unless the Subsequent Injury Fund is a party to an appeal and is represented by counsel, the court to which the appeal is taken may not make an award against the Fund. ...


(a) Legal advisor. -- The Attorney General is the legal adviser of the Commission. (b) Representation. -- When requested by any Commissioner, the Attorney General shall represent the Commission...


(a) In general. -- The proceedings in an appeal shall: (1) be informal and summary; and (2) provide each party a full opportunity to be heard. (b) Presumption and burden of proof. -- In...


Court costs and allowances for witnesses shall be paid as in other civil cases. ...


The clerk of the court to which an appeal from the Commission is taken shall send promptly to the Commission a certified copy of each docket entry and judgment in the appeal. ...


When, on appeal, compensation is awarded by an affirmance, modification, or reversal of an order of the Commission, the covered employee is entitled to interest on the compensation awarded at 6%...


If a court determines that the ground for an appeal is not a reasonable ground, the court shall assess against the appellant the whole cost of appeal, including reasonable attorney's fees. ...


A party may appeal from a decision of the circuit court to the Court of Special Appeals as provided for other civil cases. ...


When a covered employee has a permanent impairment, suffers a subsequent accidental personal injury, occupational disease, or compensable hernia resulting in permanent partial or permanent...


(a) Limitation on liability of employer and insurer. -- If a covered employee has a permanent impairment and suffers a subsequent accidental personal injury, occupational disease, or...


(a) Determination by Commission. -- If a covered employee who has a permanent impairment due to a previous accident, disease, or congenital condition that is or is likely to be a hindrance...


(a) Findings by Commission. -- In an award against the Subsequent Injury Fund, the Commission shall find specifically: (1) the amount of the weekly payments to the covered employee; (2)...


A waiver executed under 9-657 of this title by a covered employee who previously has lost or lost the use of a hand, arm, foot, leg, or eye is not a bar to benefits under this subtitle if...


(a) In general. -- In any case involving payment from the Subsequent Injury Fund, the Commission or any party in interest shall: (1) give written notice to the State Treasurer or the...


When an award is made against the Subsequent Injury Fund, the Subsequent Injury Fund may appeal the decision in accordance with Subtitle 7 of this title. ...


When a person other than an employer is liable for the injury or death of a covered employee for which compensation is payable under this title, the covered employee or, in case of death,...


(a) Action by self-insured employer, insurer, or fund. -- If a claim is filed and compensation is awarded or paid under this title, a self-insured employer, an insurer, the Subsequent Injury...


(a) In general. -- Except as provided in subsection (b) of this section, if a covered employee or the dependents of a covered employee receive an amount in an action: (1) the amount is in...

(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Board. -- Board means the Uninsured Employers' Fund Board. (c) Director. -- Director means the...


(a) In general. -- An award is payable out of the Fund in accordance with this section. (b) Default. -- Unless an application for review has been timely filed under subsection (g) of this...


(a) In general. -- If the Fund makes payment to a covered employee or the dependents of a covered employee as directed by the Commission, the Fund is subrogated to the rights of the...


(a) In general. -- If the Fund pays compensation to a covered employee or the dependents of a covered employee, the Fund is subrogated to the rights of the uninsured employer under this title....


(a) In general. -- When the Commission makes a decision on a claim for compensation against an uninsured employer, the Commission shall impose against the uninsured employer an assessment of:...


(a) In general. -- The Commission may assess an insurer $ 300 if: (1) the insurer fails to comply with the requirements of the Commission about certification of insurance with the...


(a) Scope of section. -- This section does not apply to an award against the Subsequent Injury Fund. (b) Compensation abated or not awarded. -- The Commission shall impose an assessment of...


(a) Notice of assessment. -- When the Commission imposes an assessment on an employer under this subtitle, the Commission shall mail the employer notice of the assessment. (b) Payment...



(a) In general. -- An assessment that is payable under this subtitle is a lien against the assets of the employer who is liable for the assessment. (b) Subordination to other claims. -- A...


(a) Notice. -- (1) Notwithstanding any other provision of this subtitle, the Director shall notify an employer by certified mail, return receipt requested, that the license or permit of...


(a) Authorized. -- (1) If the Director considers compromise to be in the best interest of the Fund, the Director may compromise the amount of a judgment against an employer under this...


Unless the Director gives written consent, a covered employee or the dependents of the covered employee may not settle a cause of action for an amount less than the amount that the Fund paid to...


(a) Application. -- A jockey who is a covered employee under 9-212 of this article while performing a service in connection with training or the dependents of the jockey may apply for...



(a) Prohibited act. -- An employer may not deduct any part of the premium that the employer pays for workers' compensation insurance from the salary or wages of a covered employee. (b) Penalty....


An employer who fails to report an accidental personal injury within the time required under 9-707(a) of this title is guilty of a misdemeanor and on conviction is subject to a fine...


(a) Prohibited act. -- An employer, superior, union official, member of a union, guild, or similar group, or another person connected with the employment of a covered employee entitled to...


(a) Prohibited act. -- An employee of the Commission may not disclose to any person other than a member of the Commission any information that the employee obtains about the business, property,...


(a) Prohibited act. -- An employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation under this title. (b) Penalty. --...


(a) Failure to apply for approval. -- An employer who self insures under 9-405 of this title or participates in a governmental self-insurance group under 9-404 of this subtitle and fails...


(a) Failure to secure payment of compensation. -- An employer who fails to secure payment of compensation in accordance with 9-402 of this title that will be in force on the date a...


This title may be cited as the Maryland Workers' Compensation Act. ...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


There is an Injured Workers' Insurance Fund. ...


Beginning with calendar year 1994, the calendar year is the fiscal year of the Fund. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

There is a Board for the Injured Workers' Insurance Fund. ...


(a) In general. -- From among its members, the Board annually shall elect a chairman, a vice chairman, and a secretary. (b) Elections. -- The manner of election of officers shall be as the...


(a) Regulations. -- The Board may adopt any regulation to carry out this subtitle. (b) Promotional plan. -- (1) The Board shall have a plan to promote the services of the Fund to employers...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

The Board: (1) shall use the Fund to insure employers against liability under Title 9 of this article; and (2) may use the Fund: (i) to provide employer's liability insurance; and...


Repealed by Acts 2000, ch. 567, effective October 1, 2000. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or...


(a) In general. -- The Board shall administer the Fund. (b) Budget. -- (1) The Board shall prepare capital and operating budgets for the Fund. (2) For information only, the Board...


The Board shall keep: (1) a catastrophe surplus sufficient to cover catastrophic hazards for which the Fund writes coverage; and (2) reserves sufficient to: (i) meet anticipated...


If the Board determines that the financial condition of the Fund warrants a dividend declaration, the Board may declare for policyholders a dividend in the form of a cash refund or a credit. ...


Repealed by Acts 2000, ch. 567, effective October 1, 2000. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or...


(a) Annual report. -- Within 90 days after the close of each fiscal year, the Board shall submit to the Governor an annual report that includes a detailed statement of: (1) the condition...


If the General Assembly repeals this subtitle, money in the Fund at the time of repeal shall be distributed: (1) as the General Assembly provides; or (2) if the General Assembly does...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


(a) Required. -- The Board shall adopt, by regulation, a schedule of premium rates, as provided in this section. (b) Criteria. -- (1) The Board shall determine the schedule by:...


An employer shall apply for insurance under this subtitle in accordance with the regulations of the Board. ...


Each employer who applies and is eligible for insurance under this subtitle shall be assigned, after consideration of the number of employees and the relative hazards of the various types of...


(a) Authority. -- The Board shall adopt regulations that provide procedures and standards for the payment of premiums. (b) Nonpayment. -- (1) Subject to paragraph (2) of this subsection,...


The Board shall issue a certificate of insurance. ...


(a) Uniform requirements. -- The Board may: (1) adopt requirements for uniform payroll; and (2) require each policyholder to conform to the requirements. (b) Report on wages. --...


A policyholder may cancel a policy under this subtitle, if the policyholder: (1) gives the Fund written notice; and (2) promptly pays all premiums owed to the Fund. ...


If the Board considers an account to be uncollectible, the account may be charged from the books of the Fund. ...


(a) Authorized. -- Subject to subsection (b) of this section, the President of the Fund may settle a claim that the Fund has against a governmental unit or person who is alleged to be liable...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) Prohibition. -- An employer may not with fraudulent intent misrepresent to the Board the wages on which a premium under this subtitle is based. (b) Penalty. -- A person who violates...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Board. -- Board means the Subsequent Injury Fund Board. (c) Fund. -- Fund means the Subsequent...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


There is a Subsequent Injury Fund. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

There is a Subsequent Injury Fund Board. ...


(a) Composition; appointment of members. -- (1) The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate. (2) Of the 3 members of the Board:...


(a) Meetings. -- The Board shall determine the times and places of its meetings. (b) Compensation and reimbursement for expenses. -- Subject to the State budget, each member of the Board...


(a) In general. -- The Fund shall have a staff in accordance with the State budget. (b) Director. -- (1) The Board shall appoint a Director for the Fund. (2) The Director is entitled to...


(a) In general. -- The Attorney General is the legal adviser to the Board and Fund. (b) Expert. -- With the approval of the Board, staff whom the Attorney General assigns to represent the Fund...



Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) Composition. -- The Fund shall consist of: (1) the money credited to the Fund under Title 9 of this article; (2) income from investments that the State Treasurer makes for the Fund;...


The State Treasurer shall keep the Fund as a special indemnity fund. ...


(a) In general. -- The Board shall supervise the administration of the Fund. (b) Budget. -- (1) The Fund annually shall submit to the Governor a proposed budget for the Fund, for inclusion...


If sale of a security in which money of the Fund is invested is in the best interest of the Fund, the State Treasurer shall sell the security. ...


(a) Payment of benefits. -- Disbursement from the Fund for paying benefits to claimants or dependents shall be made by the Treasurer only on written order of the Workers' Compensation...


(a) Accounting to Board. -- (1) As often as the Board requests but at least quarterly, the State Treasurer shall advise the Board about the amount of the Fund in the custody of the...


(a) In general. -- In this subtitle the following words have the meanings indicated. (b) Board. -- Board means the Uninsured Employers' Fund Board. (c) Fund. -- Fund means the...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...



There is an Uninsured Employers' Fund. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...


There is an Uninsured Employers' Fund Board. ...


(a) Composition; appointment of members. -- (1) The Board consists of 3 members, appointed by the Governor with the advice and consent of the Senate. (2) Of the 3 members of the Board:...


(a) Meetings. -- The Board shall determine the times and places of its meetings. (b) Compensation and reimbursement for expenses. -- Subject to the State budget, each member of the Board...


(a) In general. -- (1) The Attorney General is the legal adviser to the Board and Fund. (2) The Attorney General may represent the Fund in any case that does not involve the rights of...


The Board may adopt any reasonable regulation to process and pay an award charged against the Fund. ...


Reserved. USER NOTE: For more generally applicable notes, see notes under the first section of this part, subtitle, title, division or article. [Repealed/Reserved] ...

(a) State Treasurer. -- The State Treasurer is custodian of the Fund. (b) Segregation from State money. -- The State Treasurer shall keep the Fund separate from State money. ...


The Board may establish reserves to meet potential losses of the Fund. ...


(a) Investment. -- (1) The State Treasurer shall invest surplus money of the Fund in any security in which a savings bank may invest under State law. (2) If the State Treasurer invests in...


The State Treasurer shall disburse money from the Fund only on a voucher that is signed by the Director for the Fund. ...


(a) Statement of State Treasurer. -- The State Treasurer annually shall submit to the Director for the Fund a statement that: (1) for the fiscal year for which the statement is made:...


(a) In general. -- In this title the following words have the meanings indicated. (b) Department. -- Department means the Department of Labor, Licensing, and Regulation. (c) Secretary....


(a) Establishment. -- There is a Division of Employment and Training within the Department of Labor, Licensing, and Regulation. (b) Powers, duties and responsibilities. -- The Division has...


(a) Appointment. -- (1) With the approval of the Governor, the Secretary shall appoint a Director of the Division of Employment and Training. The Director shall hold office at the...


(a) In general. -- The Division shall: (1) administer Title 8 of this article; (2) promote apprenticeship and training programs; (3) administer job training, placement, and...


The Director of the Division shall receive the salary and have the deputies, assistants, and employees provided in the State budget. ...


This subtitle does not apply to reductions in operations if the reduction: (1) results solely from labor disputes; (2) occurs in a commercial, industrial, or agricultural enterprise...


There shall be a quick response program to provide both employers and employees with services to assist in mitigating the impact on employees that occurs with a reduction in operations. ...


(a) Secretary to direct program. -- The State's quick response program is under the direction of the Secretary. (b) Secretary to develop guidelines. -- The Secretary in cooperation with the...


Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, provisions of this subtitle creating the Apprenticeship and Training Council and related to...


The members of the Council shall receive per diem compensation as provided in the State budget for each day actually engaged in the discharge of their official duties as well as reimbursement...


(a) Duties. -- The duties of the Council shall be to: (1) determine the apprenticeability of trades in the State of Maryland; (2) encourage the establishment of local...


The Secretary shall appoint a Director of Apprenticeship and Training. The Director of Apprenticeship and Training shall have the responsibility of promoting apprenticeship and other forms...


In order to assure compliance with federal laws governing wages, hours, and working conditions, the Maryland Apprenticeship and Training Council will request recognition of its standards...


In accordance with 112 of the federal Act, the Governor shall submit to the Secretary a State plan that includes the workforce initiatives of State agencies and outlines a 5-year strategy...


Repealed by Acts 2001, ch. 315, 1, effective July 1, 2002. ...


(a) Private sector entity defined. -- In this section, private sector entity means a person that the Maryland Apprenticeship and Training Council approves under 11-405(b) of this title....


Abrogated. ...


(a) In general. -- There is a pilot program for long-term employment of ex-felons to provide incentives to business entities to encourage the long-term employment of qualified ex-felon...


(a) Application. -- A one-stop center shall apply to the Department for designation as a location for the pilot program. (b) Contents. -- The application shall describe the plan to be...


(a) In general. -- Except as provided in subsection (c) of this section, a business entity that hires a qualified ex-felon employee through the pilot program established under this subtitle...


(a) Adoption -- By Department. -- The Department, in consultation with the Board, shall adopt regulations necessary to carry out the provisions of this subtitle. (b) Same -- By Comptroller. --...