§ 3-909. Violations of § 3-904; determinations and amount of civil penalties
West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2009
Effective: October 1, 2009
MD Code, Labor and Employment, § 3-909
§ 3-909. Violations of § 3-904; determinations and amount of civil penalties
(a) An employer found to have knowingly failed to properly classify an individual in violation of § 3-904 of this subtitle shall be assessed a civil penalty of up to $5,000 for each employee who was not properly classified.
(b) In determining the amount of the penalty, the Commissioner or the administrative law judge shall consider:
(c) If the court or an administrative unit determines that an individual or class of individuals is entitled to restitution as a result of the employer's violation of § 3-904 of this subtitle, the court or administrative unit:
(d) An employer in violation of § 3-904 of this subtitle may be assessed double the administrative penalties set forth in subsection (a) of this section if the employer has been found previously to have violated this subtitle by a final order of a court or an administrative unit.
(e) An employer who has been found by a final order of a court or an administrative unit to have violated § 3-904 of this subtitle three or more times may be assessed an administrative penalty of up to $20,000 for each employee.
(f)(1) An employer may be assessed civil penalties under this section or § 8-201.1 or § 9-402.1 of this article by only one final order of a court or administrative unit for the same actions constituting a violation of this subtitle.
(2) Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court and all relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Workers' Compensation Commission.
(g) Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:
Credits
Added by Acts 2009, c. 188, § 1, eff. Oct. 1, 2009.
MD Code, Labor and Employment, § 3-909, MD LABOR & EMPLY § 3-909
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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