§ 3-105
805 words·~4 min read·
/md/labor-and-employment/3-105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–105.
(a)This section applies only to an employer action taken under:
(1)Subtitle 2 of this title;
(2)Subtitle 3 of this title;
(3)Subtitle 4 of this title;
(4)Subtitle 5 of this title;
(5)Subtitle 9 of this title; or
(6)Title 18 of the State Finance and Procurement Article.
(b)An employer may not:
(1)discharge, demote, discriminate against, take other adverse action, or threaten to take adverse action against an employee because the employee:
(i)inquires about the rights and responsibilities of the employer or employee under a provision of law listed in subsection
(a)of this section;
(ii)makes a complaint, or communicates an intent to make a complaint, to the employer, the Commissioner, or another person regarding a violation of a provision of law listed in subsection
(a)of this section; or
(iii)testifies, intends to testify, or otherwise assists in any manner in an investigation, proceeding, or hearing under a provision of law listed in subsection
(a)of this section; or
(2)hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this section or a provision of law listed in subsection
(a)of this section.
(c)The Commissioner:
(1)may investigate a violation of this section on the Commissioner’s own initiative or on receipt of a written complaint; and
(2)shall conduct the investigation and enforcement of a violation of this section in accordance with subsections
(d)and
(e)of this section.
(1)Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.
(i)If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph
(1)of this subsection and the Commissioner determines that an employer has violated this subtitle, the Commissioner shall issue an order.
(ii)An order issued under subparagraph
(i)of this paragraph:
1. shall describe the violation;
2. shall direct, if appropriate, the recovery of lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost, and any actual economic damages;
3. may, in the Commissioner’s discretion, seek reinstatement or the hiring of employees with or without back pay; and
4. may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this title.
(3)The actions taken under paragraphs
(1)and
(2)of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.
(1)Within 30 days after the Commissioner issues an order, an employer shall comply with the order.
(2)If an employer does not comply with an order within the time period stated in paragraph
(1)of this subsection:
(i)the Commissioner may:
1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or
2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and
(ii)within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.
(3)If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:
(i)three times the value of the employee’s lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost;
(ii)punitive damages in an amount to be determined by the court;
(iii)reasonable counsel fees and other costs;
(iv)injunctive relief, if appropriate; and
(v)any other relief that the court determines is appropriate.
(1)A person may not:
(i)make or cause to be made a groundless or malicious complaint to the Commissioner; or
(ii)in bad faith, bring an action under a provision of law listed in subsection
(a)of this section or a proceeding related to the subject of a provision of law listed in subsection
(a)of this section.
(2)The Commissioner shall investigate any allegation that a person violated paragraph
(1)of this subsection.
(i)If the Commissioner determines that a person has violated paragraph
(1)of this subsection, the Commissioner may assess the person an administrative penalty of up to $1,000.
(ii)An administrative penalty assessed under subparagraph
(i)of this paragraph is subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.
(iii)A person who must defend an action taken as a result of a groundless or malicious complaint may be entitled to recover attorneys’ fees.