§ 13A-118. Minimum wage waiver provision.

(a)

Definitions. In this Division the following words shall have the meaning indicated.

(1)

Department shall mean the Department of Finance.

(2)

Developmental Disabilities means a severe chronic disability of an individual that:

(A)

Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributed to a combination of mental and physical impairments;

(B)

Is manifested before the individual attains the age of 22;

(C)

Is likely to continue indefinitely;

(D)

Results in an inability to live independently without external support or continuing and regular assistance; and

(E)

Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.

(3)

Developmental Disabilities Administration ("DDA") means the primary State agency that funds community-based services and supports for people with developmental disabilities.

(4)

Developmental Disabilities Administration Providers shall include entities that provide services as defined in Section 7-101 of the Health-General Article of the Annotated Code of Maryland including individual support services, habilitation services, service coordination, treatment, vocational service, alternative living units, and group homes. This list of services is intended to be indicative of the types of services but not exhaustive.

(5)

Director shall mean the Director of Finance.

(6)

Employee shall have the same as meaning defined in the Fair Labor Standards Act (FLSA) and the Maryland Wage and Hour Law.

(7)

Employer means a person who acts directly or indirectly in the interest of another employer with an employee. Employer includes a governmental unit as defined in the Maryland Wage and Hour Law set forth in Sections 3-401 et. seq. of the Labor and Employment Article of the Annotated Code of Maryland.

(8)

Wage means all compensation that is due to an employee for employment.

(b)

The procedures for obtaining a waiver:

(1)

The Director shall provide an application to the DDA providers;

(2)

The application shall require the following information from the DDA providers:

(A)

Evidence of a contract with the State of Maryland to provide DDA services

(B)

Evidence that they are in good standing with the State of Maryland

(C)

Explanation of the specific services provided by the DDA provider

(D)

Any additional information deemed necessary by the Director to certify the applicant for the waiver; and

(3)

DDA providers may only be eligible for the waiver provision from October 1, 2017 to July 1, 2018.

(c)

The Director, after reviewing the application and all supporting documents shall notify the DDA providers if they have been granted a waiver.

(d)

DDA providers granted a waiver will:

(1)

Be certified by the Department as having met the requirements for a waiver;

(2)

Receive proof of the certification and waiver of the Prince George's County's Maryland minimum wage law; and

(3)

Comply with all Federal and State laws regulating labor and wages.

(e)

The waiver provisions set forth in this section are only applicable to Prince George's County, Maryland's minimum wage. This is not a waiver from the minimum wage set by the State of Maryland. All providers must comply with the State minimum wage, Federal and State laws.

(CB-96-2016)

Editor's note

Section 2 of CB-96-2016 (DR-2), Chapter 68, 2016 Laws of Prince George's County, provides that the provisions of Section 13A-118 shall be abrogated and be of no further force and effect after July 1, 2018.