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§ 8.3-905. Complaints; orders; penalties

West's Annotated Code of MarylandLabor and EmploymentEffective: January 1, 2023

West's Annotated Code of Maryland
Labor and Employment
Title 8.3. Family and Medical Leave Insurance Program (Refs & Annos)
Subtitle 9. Prohibited Acts; Penalties (Refs & Annos)
Effective: January 1, 2023
MD Code, Labor and Employment, § 8.3-905
§ 8.3-905. Complaints; orders; penalties
Complaints
(a) If an employee believes that an employer has violated this title, the employee may file a written complaint with the Secretary.
Investigations and orders
(b)(1) Within 90 days after the receipt of a written complaint, the Secretary shall conduct an investigation and attempt to resolve the issue informally through mediation.
(2)(i) If the Secretary is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Secretary determines that an employer has violated this subtitle, the Secretary 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 Secretary'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.
Compliance; penalties
(c)(1) Within 30 days after the Secretary 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 Secretary 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 deems appropriate.

Credits

Added by Acts 2022, c. 48, § 1, eff. Jan. 1, 2023.
MD Code, Labor and Employment, § 8.3-905, MD LABOR & EMPLY § 8.3-905
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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