HARRY HUGHES, Governor 2855
FOR the purpose of exempting the Worcester County
Developmental Center, Incorporated, certain "sheltered
workshop" or "work activities center", from certain
provisions of the wage and hour law under certain
circumstances.
BY repealing and reenacting, with amendments,
Article 100 - Work, Labor and Employment
Section 85(b)
Annotated Code of Maryland
(1979 Replacement Volume and 1979 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:
Article 100 - Work, Labor and Employment
85.
(b) (1) The Commissioner [shall have power to] MAY
determine rates less than the fixed minimum wage for those
handicapped by physical or mental disability upon the
circumstances of the individual case and shall issue
certificates for such periods of time as stated therein.
(2) In lieu of the issuance of certificates, the
Commissioner shall accept a "sheltered workshop certificate"
or a "work activities certificate" issued by the U. S.
Department of Labor if it is filed with the Commissioner
within ten days after receipt of certification by the
certificate holder [except]. HOWEVER, the acceptance of a
"sheltered workshop certificate" or a "work activities
certificate" [shall] MAY DOES not apply automatically to
individuals who have continued to work in a "sheltered
workshop" or a "work activities center" after completion of
any training program run by the "sheltered workshop" or
"work activities center."
(3) If the certificate is revoked by the U. S.
Department of Labor, the Commissioner may revoke his
acceptance of the certificate. At any time prior to
revocation of a certificate by the U. S. Department of
Labor, the Commissioner may cause an investigation to be
made, and upon 30 days prior written notice by certified
mail to the certificate holder, hold a hearing to determine
if there is good cause to revoke the Commissioner's
acceptance of a certificate issued by the U. S. Department
of Labor.
(4) IF THE COMMISSIONER FAILS TO DETERMINE RATES
LESS THAN THE FIXED MINIMUM WAGE FOR WHICH PROVISION IS MADE
BY THIS SECTION AND IF CERTIFICATES ISSUED BY THE U.S.
DEPARTMENT OF LABOR ARE NOT APPLICABLE, THE FOLLOWING
AGENCIES ARE EXEMPT FROM THE WAGE AND HOUR LAW AS TO
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