2018 Maryland Code
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 4 - Wages and Hours
Part III - Required Wages
§ 3-414. Individuals with disabilities
(a) "Federal certificate" defined. -- In this section, "federal certificate" means a certificate that the United States Department of Labor issues to a work activities center or other sheltered workshop to allow the workshop to pay an individual less than the wage otherwise required for that individual under the federal Act.
(b) Authority to waive minimum wage; when not authorized. --
(1) Subject to the limitations in this section, the Commissioner may authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage otherwise required under this subtitle for the employee.
(2) The Commissioner may not authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage under paragraph (1) of this subsection if the work activities center or workshop was not authorized to do so before October 1, 2016.
(3) A work activities center or other sheltered workshop may pay a new employee with a disability less than the minimum wage under paragraph (1) of this subsection only if the requirements of ยง 7-1014 of the Health - General Article are met.
(c) Grant of authority. --
(1) To authorize a work activities center or other sheltered workshop to pay less than the minimum wage, the Commissioner shall:
(i) issue a State certificate that sets wages for employees of the workshop;
(ii) accept a federal certificate for the workshop; or
(iii) grant an exception for the workshop but only if:
1. the Commissioner has not issued a State certificate for the workshop;
2. the workshop is not eligible for a federal certificate; and
3. the Commissioner investigates and holds a hearing on the exception.
(2) The Commissioner shall accept a federal certificate if a work activities center or other sheltered workshop submits that certificate to the Commissioner within 10 days after the workshop receives the certificate.
(d) Term of certificate. --
(1) Each certificate that the Commissioner issues under this section shall state the period for which the certificate is in effect.
(2) The acceptance of a federal certificate does not apply automatically to an individual whom a work activities center or other sheltered workshop continues to employ after the individual completes a training program that the workshop runs.
(e) Revocation of acceptance. --
(1) The Commissioner may revoke acceptance of a federal certificate if:
(i) the United States Department of Labor revokes the federal certificate; or
(ii) at any time before revocation by the Department of Labor and after an investigation and hearing, the Commissioner finds good cause to revoke the acceptance.
(2) The Commissioner shall send notice of a hearing under this subsection, by certified mail, to the holder of the federal certificate at least 30 days before the hearing.
