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 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.