946                             LAWS OF MARYLAND                      [CH. 393

82.
As used in this subtitle:

(a)     "Commissioner" means the Commissioner of the Department
of Labor and Industry;

(b)    "Wage" means compensation due to an employee by reason
of his employment, payable in legal tender of the United States or
checks on banks convertible into cash on demand at full face value,
subject to such allowances as may be permitted by regulations of
the Commissioner of Labor and Industry under Section 85; PRO-
VIDED THAT A "WAGE" PAID TO ANY EMPLOYEE IN-
CLUDES THE REASONABLE COST, AS DETERMINED BY THE
COMMISSIONER, TO THE EMPLOYER OF FURNISHING SUCH
EMPLOYEE WITH BOARD, LODGING, OR OTHER FACILITIES
AS ARE CUSTOMARILY FURNISHED BY SUCH EMPLOYER TO
HIS EMPLOYEES: PROVIDED FURTHER THAT THE COST OF
BOARD, LODGING OR OTHER FACILITIES SHALL NOT BE
INCLUDED AS A PART OF THE WAGE PAID TO ANY EM-
PLOYEE TO THE EXTENT IT IS EXCLUDED THEREFROM
UNDER THE TERMS OF A BONA FIDE COLLECTIVE-BAR-
GAINING AGREEMENT APPLICABLE TO THE PARTICULAR
EMPLOYEE: AND PROVIDED FURTHER, THAT THE COM-
MISSIONER IS AUTHORIZED TO DETERMINE THE FAIR
VALUE OF SUCH BOARD, LODGING OR OTHER FACILITIES
FOR DEFINED CLASSES OF EMPLOYEES AND IN DEFINED
AREAS, BASED ON AVERAGE COST TO THE EMPLOYER OR
TO GROUPS OF EMPLOYERS SIMILARLY SITUATED, OR
AVERAGE VALUE TO GROUPS OF EMPLOYEES, OR OTHER
APPROPRIATE MEASURES OF FAIR VALUE. SUCH EVAL-
UATIONS, WHERE APPLICABLE AND PERTINENT, SHALL
BE USED IN LIEU OF ACTUAL MEASURE OF COST IN DE-
TERMINING THE WAGE PAID TO ANY EMPLOYEE. IN DE-
TERMINING THE WAGE OF A TIPPED EMPLOYEE, THE
AMOUNT PAID SUCH EMPLOYEE BY HIS EMPLOYER SHALL
BE DEEMED TO BE INCREASED ON ACCOUNT OF TIPS BY
AN AMOUNT DETERMINED BY THE EMPLOYER, BUT NOT
BY AN AMOUNT IN EXCESS OF 50 PER CENTUM OF THE
APPLICABLE MINIMUM WAGE RATE, EXCEPT THAT IN THE
CASE OF AN EMPLOYEE WHO (EITHER HIMSELF OR ACT-
ING THROUGH HIS REPRESENTATIVE) SHOWS TO THE
SATISFACTION OF THE SECRETARY COMMISSIONER THAT
THE ACTUAL AMOUNT OF TIPS RECEIVED BY HIM WAS
LESS THAN THE AMOUNT DETERMINED BY THE
EMPLOYER AS THE AMOUNT BY WHICH THE WAGE PAID
HIM WAS DEEMED TO BE INCREASED UNDER THIS SEN-
TENCE, THE AMOUNT PAID SUCH EMPLOYEE BY HIS
EMPLOYER SHALL BE DEEMED TO HAVE BEEN INCREASED
BY SUCH LESSER AMOUNT;

(c)     "Employ" includes to suffer or to permit to work;

(d)     "Employer" includes any individual, partnership, associa-
tion, corporation, business trust, or any person or group of persons
employing [seven] five ONE or more employees at any one time,
acting directly or indirectly in the interest of an employer in relation
to an employee;