Bill Positions

Bill Number: SB 452

Bill Title: Labor and Employment - Maryland Wage and Hour Law - Damages

Bill Sponsor(s): Senator Lenett

Subject: Workplace Regulation

Committee: FIN

Bill Summary: This bill would have modified the Damages provision of the Maryland Wage and Hour Law to make damages and attorneys' fees for unpaid minimum wage or overtime wages mandatory instead of permissable.

History: This bill died in the Finance Committee without a vote.

Chamber Position: Oppose

Position Summary: The bill would have required imposition of a punitive penalty without any demonstration that the employer willfully violated the act. The penalty was clearly excessive and not tailored to the nature of the violation. Federal law provides for a liquidated damage provision, but the penalty is only a doubling of the unpaid wage amount, and the court may decline to impose a penalty if the employer acts in good faith. For these reasons, the Maryland Chamber opposed this bill.

Position Statement: Click here (pdf)

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.