Current through Register Vol. 51, No. 19, September 20, 2024
A. On the day that work on the contract
begins, an employer to a State contract for services subject to the Living Wage
Law shall file with the Commissioner of Labor and Industry the following:
(1) If the employer reduces the wages paid to
its employees covered by the Living Wage based upon the employer's share of the
health insurance premium:
(a) Documentation
of the employer's cost and proof of payment for each employee under the
employer's health insurance plan;
(b) The methodology that the employer uses to
determine the hourly amount of health insurance deduction for each employee;
and
(c) Signature cards or other
documentation reflecting that the employee has authorized a deduction for
health insurance;
(2) If
the employer reduces the wages paid to its employees based upon the employer's
contribution to an employee deferred compensation plan:
(a) The name of the employee deferred
compensation plan;
(b) Proof that
the deductions from the wages paid to an employee for the employee deferred
compensation plan are being deposited in a bona fide deferred compensation
plan; and
(c) Signature cards or
other documentation reflecting that the employee has authorized a deduction for
the employee deferred compensation plan;
(3) A list of the three most commonly used
languages at the worksite;
(4) A
copy of the Commissioner's "Contractor and Employee Information Form" and the
"Subcontractor and Employee Information Form"; and
(5) Any other pertinent information that the
Commissioner considers necessary.
B. An employer shall post the Commissioner of
Labor and Industry's "Notice to Employees-Wage Requirements" on the day that
work on the contract begins. Within 10 days after the posting of the notice, an
employer shall submit to the Commissioner of Labor and Industry a copy of the
Commissioner's "Certification of Posting the Wage Requirement
Notice".
C. Subject to the
provisions of §G of this regulation, within 14 days after the end of each
payroll period, an employer shall submit to the Commissioner of Labor and
Industry a complete copy of the following:
(1) The employer's payroll records for those
employees who are covered under the living wage law pursuant to Regulation .02
of this chapter; and
(2) Each
subcontractor's payroll records for the employees who are covered under the
living wage law pursuant to Regulation .02 of this chapter.
D. Each payroll record that is
submitted pursuant to §C of this regulation shall list the following:
(1) The name, address, and telephone number
of the contractor or the subcontractor;
(2) The name, location, and project number of
the job; and
(3) Each employee's:
(a) Name and at least the last four digits of
the employee's Social Security number;
(b) Current address;
(c) Daily and straight time and any time over
40 hours in one work week;
(d)
Total straight time and overtime hours for the payroll period;
(e) Rate of pay;
(f) Amount of deduction for health benefits,
if any;
(g) Amount of deduction for
the employee deferred compensation plan, if any; and
(h) Gross wages.
E. An employer submitting payroll
records pursuant to §C of this regulation shall submit a statement that is
signed by the contractor that indicates the following:
(1) The payroll records are correct;
and
(2) The wage rate paid is not
less than that required in State Finance and Procurement Article, §
18-103,
Annotated Code of Maryland.
F. The Commissioner may request that an
employer periodically submit data, in a form acceptable to the Commissioner,
including but not limited to payroll records, for those employees performing
work in connection with a State contract for services.
G. Waivers.
(1) Request for a Waiver.
(a) An employer may submit to the
Commissioner of Labor and Industry a written request for a waiver of the
reporting requirements of §§C and F of this regulation.
(b) The request for the waiver shall state
the reasons why the employer seeks a waiver.
(c) The Commissioner may, for good cause
shown, waive the reporting requirements of §§C and F of this
regulation.
(2) If the
Commissioner waives the reporting requirements under this section, the
Commissioner retains the right to:
(a) Audit
the employer at any time;
(b)
Reinstate the reporting requirements at any time;
(c) Change the interval for the submission of
payroll records; or
(d) Do all of
the actions in §G(2)(a)-(c) of this regulation.
(3) If the Commissioner waives the reporting
requirements under this section, the employer is required to post a copy of the
waiver notice in the same location as the employer posts the notice to
employees of wage requirements.
