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21.11.10.00.htm 21.11.10.00. Title 21 STATE PROCUREMENT REGULATIONS Subtitle 11 SOCIOECONOMIC POLICIES Chapter 10 Living Wage Authority: State Finance and Procurement Article, Title 18, Annotated Code of Maryland
21.11.10.01.htm 21.11.10.01. 01 Definitions.. 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.
21.11.10.02.htm 21.11.10.02. 02 Employees Covered Under the Living Wage Law.. A. The Living Wage applies to an employee who:. 1) Is 18 years old or older or who will turn 18 during the duration of a State contract for services subject to the Living Wage Law; and2) Spends at least one-half of the employee's time during any work week on a State contract for services subject to the Living Wage Law.B. The Living Wage does not apply to an employee who works less than 13 consecutive weeks and full-t
21.11.10.03.htm 21.11.10.03. 03 Employee Health Insurance.. A. An employer who reduces the wages paid to an employee based on the employer's share of the health insurance premium, as provided in §18-103(c) State Finance and Procurement Article, Annotated Code of Maryland, may not lower an employee's wage rate below the minimum wage as set in Labor and Employment Article, §3-413, Annotated Code of Maryland.B. An employer who reduces the wages paid to an employee based on the employer's share of the health
21.11.10.04.htm 21.11.10.04. 04 Employee Deferred Compensation Plan.. A. An employer may reduce the wage rates paid under State Finance and Procurement Article, §18-103(a) Annotated Code of Maryland, by not more than 50 cents of the hourly cost of the employer's contribution to an employee's deferred compensation plan.B. An employer who reduces the wages paid to an employee based on the employer's contribution to an employee's deferred compensation plan may not lower the employee's wage rat
21.11.10.05.htm 21.11.10.05. 05 Employer Reporting and Posting Requirements.. 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 emplo
21.11.10.06.htm 21.11.10.06. 06 Employer Record Retention Requirements.. An employer shall retain the following records at the worksite or at a readily accessible location for 3 years:A. Payroll records covering work performed at the worksite; and. B. Copies of health insurance plans and employee deferred compensation plans..
21.11.10.07.htm 21.11.10.07. 07 Determination of Tier 1 or Tier 2.. A. If services under a contract subject to State Finance and Procurement Article, Title 18, Annotated Code of Maryland, are capable of being performed in both Tier 1 and Tier 2, the head of the unit responsible for a State contract pursuant to State Finance and Procurement Article, §18-102(d) Annotated Code of Maryland, shall assign the tier based upon where the majority of the services are performed.B. If the employees who p
21.11.10.08.htm 21.11.10.08. 08 Wage Rate Changes During Term of Contract.. An employer subject to State Finance and Procurement Article, Title 18, Annotated Code of Maryland, shall comply with the rate requirements during the initial term of the contract and all subsequent renewal periods including any increases in the wage rate, if adjusted, automatically upon the effective date of the revised wage rate.
21.11.10.09.htm 21.11.10.09. 09 Prohibitions.. An employer may not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor, or assign work to employees to avoid the imposition of any of the requirements of State Finance and Procurement Article, Title 18, Annotated Code of Maryland, or this chapter.
21.11.10.10.htm 21.11.10.10. 10 Rules of Procedure for Hearings.. A. This regulation supplements the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.B. The Commissioner of Labor and Industry may delegate the authority to conduct the hearing to the Office of Administrative Hearings.C. The administrative law judge may:. 1) Administer oaths and affirmations;.
21.11.10.9999.htm 21.11.10.9999. Administrative History Effective date:. Regulations .01―10 adopted as an emergency provision effective October 1, 2007 (34:22 Md. R. 1975) adopted permanently effective February 25, 2008 (35:4 Md. R. 515)
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