Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 11 - SOCIOECONOMIC POLICIES
Chapter 21.11.10 - Living Wage
Section 21.11.10.01 - Definitions
Universal Citation: MD Code Reg 21.11.10.01
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Employee" means an individual who
satisfies the criteria of the employer-employee relationship test which
examines:
(a) If the employer has the power
to select and hire the employee;
(b) If the employer pays the employee
wages;
(c) If the employer has the
power to discharge the employee;
(d) If the employer has the power to control
the employee's conduct; and
(e) If
the work is part of the regular business of the employer.
(2) "Employer" means:
(a) A contractor who:
(i) Has a State contract for services valued
at $500,000 or more; or
(ii)
Employs more than 10 employees and has a State contract for services valued at
greater than $100,000 but less than $500,000; or
(b) A subcontractor who:
(i) Performs work for a contractor who is an
employer subject to the Living Wage Law on a State contract for services that
is valued at $500,000 or more; or
(ii) Employs more than 10 employees and
performs work for a contractor who is an employer subject to the Living Wage
Law on a State contract for services that is valued at $100,000 or more but
less than $500,000.
(3) Services.
(a) "Services" means the rendering of time,
effort, or work, rather than the furnishing of a specific physical product
other than reports incidental to the required performance.
(b) "Services" includes maintenance as
defined in COMAR
21.01.02.01B(53)
but does not include construction work or the purchase of goods.
(4) "Tier 1 Area" means Montgomery
County, Prince George's County, Howard County, Anne Arundel County, Baltimore
County, and Baltimore City.
(5)
"Tier 2 Area" means any county in the State not included in the Tier 1
Area.
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