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§ 3-908. Violations of § 3-903; timely compliance with laws to avoid civil penalties

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2009

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 9. Workplace Fraud (Refs & Annos)
Effective: October 1, 2009
MD Code, Labor and Employment, § 3-908
§ 3-908. Violations of § 3-903; timely compliance with laws to avoid civil penalties
Currentness
Avoidance of civil penalty
(a) An employer in violation of § 3-903 of this subtitle who comes into timely compliance with all applicable labor laws as required by § 3-907(b) of this subtitle may not be assessed a civil penalty.
Amount of penalty
(b)(1) An employer in violation of § 3-903 of this subtitle who fails to come into timely compliance with all applicable labor laws as required by § 3-907(b) of this subtitle shall be assessed a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance.
(2) In determining the amount of the penalty, the Commissioner shall consider the factors set forth in § 3-909(b) of this subtitle.
Liability under multiple final orders
(c)(1) An employer may be assessed civil penalties under this section by only one final order of a court or administrative unit for the same actions constituting noncompliance with applicable labor laws as required by § 3-907(b) and (c) 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 multiple final 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.
Successor corporation or business entity
(d) Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:
(1) has one or more of the same principals or officers as the employer against whom the penalty was assessed; and
(2) is engaged in the same or equivalent trade or activity.

Credits

Added by Acts 2009, c. 188, § 1, eff. Oct. 1, 2009.
MD Code, Labor and Employment, § 3-908, MD LABOR & EMPLY § 3-908
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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