S.B. 621                                                 VETOES

EMPLOYEE SOLELY BECAUSE THE EMPLOYEE EXERCISED RIGHTS GRANTED UNDER
THIS TITLE, THE EMPLOYEE IS ENTITLED TO SUE TO RECOVER TREBLE THE AMOUNT
OF THE DIFFERENCE BETWEEN THE WAGE RATE REQUIRED UNDER THIS TITLE AND
THE AMOUNT RECEIVED BY THE EMPLOYEE.

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

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

(D) IN ADDITION TO DAMAGES UNDER SUBSECTION (A)(1) OF THIS SECTION,
THE COURT MAY AWARD AN EMPLOYEE WHO SUCCESSFULLY COLLECTS WAGES
UNDER THIS SECTION THE REASONABLE COSTS OF FILING THE LAWSUIT,
INCLUDING REASONABLE ATTORNEY FEES.

18-110.

(A)     AN EMPLOYER MAY NOT RETALIATE AGAINST AN EMPLOYEE SOLELY
BECAUSE THE EMPLOYEE EXERCISES THE EMPLOYEE'S RIGHTS UNDER THIS TITLE.

(B)     AN EMPLOYER WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $500 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

SECTION 2. AND BE IT FURTHER ENACTED, That:

(a)     The Department of Legislative Services shall conduct a study of the fiscal
and economic impacts of this Act on the public and private sectors.

(b)     (1) In conducting this study, the Department shall consult with and
obtain all necessary and appropriate information from the Department of Labor,
Licensing, and Regulation, the Office of the Attorney General, local governments, and
other appropriate units and persons.

(2)     Each unit of the Executive Branch of State government and each unit
of local government shall fully cooperate with the Department of Legislative Services
and its employees and agents in the activities necessary or helpful in fulfilling the
requirements of this section.

(3)     Notwithstanding Title 10, Subtitle 6 of the State Government Article
or any other law, each governmental unit that is requested to provide information to
the Department of Legislative Services in furtherance of this section shall provide the
information promptly and without the necessity of further authorization.

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