2021 Maryland Statutes
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 5 - Wage Payment and Collection
Section 3-507.2 - Action to Recover Unpaid Wages

    (a)    Notwithstanding any remedy available under § 3–507 of this subtitle, if an employer fails to pay an employee in accordance with § 3–502 or § 3–505 of this subtitle, after 2 weeks have elapsed from the date on which the employer is required to have paid the wages, the employee may bring an action against the employer to recover the unpaid wages.

    (b)    If, in an action under subsection (a) of this section, a court finds that an employer withheld the wage of an employee in violation of this subtitle and not as a result of a bona fide dispute, the court may award the employee an amount not exceeding 3 times the wage, and reasonable counsel fees and other costs.

    (c)    (1)    In this subsection, “construction services” has the meaning stated in § 3–901 of this title.

        (2)    In an action brought under subsection (a) of this section, a general contractor on a project for construction services is jointly and severally liable for a violation of this subtitle that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the general contractor.

        (3)    A subcontractor shall indemnify a general contractor for any wages, damages, interest, penalties, or attorney’s fees owed as a result of the subcontractor’s violation unless:

            (i)    indemnification is provided for in a contract between the general contractor and the subcontractor; or

            (ii)    a violation of the subtitle arose due to a lack of prompt payment in accordance with the terms of the contract between the general contractor and the subcontractor.

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