Ch. 48

LAWS OF MARYLAND

(1)  IF AN EMPLOYEE UNDER A PUBLIC WORK CONTRACT IS
PAID LESS THAN THE PREVAILING WAGE RATE FOR THAT EMPLOYEE'S
CLASSIFICATION FOR THE WORK PERFORMED, THE EMPLOYEE IS ENTITLED
TO SUE TO RECOVER THE DIFFERENCE BETWEEN THE PREVAILING WAGE RATE
AND THE AMOUNT RECEIVED BY THE EMPLOYEE.

(2)  A DETERMINATION BY THE COMMISSIONER THAT A
CONTRACTOR IS REQUIRED TO MAKE RESTITUTION DOES NOT PRECLUDE AN
EMPLOYEE FROM FILING AN ACTION UNDER THIS SECTION.

(B)  EFFECT.

(1) AN ACTION UNDER THIS SECTION IS CONSIDERED TO BE
A SUIT FOR WAGES.

(2) A JUDGMENT IN AN ACTION UNDER THIS SECTION SHALL
HAVE THE SAME FORCE AND EFFECT AS ANY OTHER JUDGMENT FOR WAGES.

(C)  FAILURE TO PROTEST.

THE FAILURE OF AN EMPLOYEE TO PROTEST ORALLY OR IN WRITING
THE PAYMENT OF A WAGE THAT IS LESS THAN THE PREVAILING WAGE RATE
IS NOT A BAR TO RECOVERY IN AN ACTION UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 12-308 and
the third sentence of § 12-307(d).

Defined terms: "Commissioner" § 17-201

"Employee" § 17-201 "Prevailing wage rate" § 17-201

"Public work contract" § 17-201

17-225. PROHIBITED ACTS; EXCEPTION.
(A) PROHIBITED ACTS.
A PERSON MAY NOT:

(1)  VIOLATE THE WAGE PROVISIONS OF A PUBLIC WORK
CONTRACT;

(2)  ALLOW OR REQUIRE AN EMPLOYEE TO WORK FOR LESS
THAN THE APPLICABLE PREVAILING WAGE RATE;

(3)  EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, ASK AN EMPLOYEE OR PROSPECTIVE EMPLOYEE TO GIVE ANYTHING
OF VALUE TO THAT PERSON OR ANY OTHER PERSON ON A STATEMENT,
REPRESENTATION, OR UNDERSTANDING THAT FAILURE TO COMPLY WITH THE
REQUEST OR DEMAND WILL PREVENT THE EMPLOYEE FROM PROCURING OR
RETAINING EMPLOYMENT; OR

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