Maryland Free Printable Labor Law Posters Posters Maryland Equal Pay For Equal Work Fact Sheet Poster Required

 Equal Pay For Equal Work Fact Sheet PDF

The Equal Pay For Equal Work Fact Sheet is a labor law posters poster by the Maryland Department Of Labor, Licensing and Regulation. This is a mandatory posting for all employers in Maryland, and businesses who fail to comply may be subject to fines or sanctions.

This poster must be posted in a conspicuous place where all employees will see it. It describes the right that Maryland employees have to receive equal pay for equal work regardless of sex as well as what happens to employers that violate this law.

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3-301.	 Definitions.  	  	
 (a)  	In general	. - In this subtitle the following words have the meanings indicated. 	 	
 (b)  	Employer	. –  	
    	   (1) "Employer" means: 	 	
 (i) a person engaged in a business, industry, profession, trade, or other enterprise 	in the State; 	 	
 (ii) the State and its units; 	 	
 (iii) a county and its units; and 	 	
    	  	(iv) a municipal government in the State. 	 	
 (2) "Employer" includes a person who acts directly or indirectly in the interest of another employer with 	   	
 an employee. 	 	
(c)  “Gender Identity” has the meaning stated in § 20	-101 of the State Government Article.	 (“Gender identity” 	
means the gender	–related identity, appearance, expression, or behavior of a person, regardless of the person’s 	
assigned sex at birth, which may b	e dem	onstrated by	 consistent and uniform assertion of the person’s gender 	
identity; or	 any other evidence that the gender identity is sincerely held as part of the person’s core identity.)	 	
  	(d)  Wage. 	– 	
  	(1) "Wage" means all compensation for employment. 	 	
 (2) "Wage" includes board, lodging, or other advantage provided to an employee for the convenience of 
the employer. 	 	
3-302.	 Scope of subtitle.	   	
   This subtitle applies to an employer of both men and women in a lawful enterprise. 	 	
3-303.	 Miscellaneous	 powers of Commissioner.  	 	
   In addition to any powers set forth elsewhere, the Commissioner may:  	 	
(1) use informal methods of conference, conciliation, and persuasion to eliminate pay practices that are 
unlawful under this subtitle; and 	 	
(2) supervise t	he payment of a wage owing to an employee under this subtitle. 	 	
3-304.	 Equal pay for equal work. 	  	
(a)	 In this section, “providing less favorable employment opportunities” 	means:	 	
(1)	 Assigning or directing the employee into a less favorable career track, if caree	r tracks are offered, or 	
(2)	 Failing  to  provide  information about promotions or advancement in the full range of career tracks 	
offered by the employer; or	 	
(3)	 Limiting or depriving an employee of employment opportunities that would otherwise be available	 to 	
the employee but for the employee’s sex or gender identity.	 	
(b)	 (1)  	In general.	 - An employer may not discriminate between employees in any occupation by 	 	
                    	     	(i) paying  a  wage  to  employees  of 	one	 sex 	or  gender  identity 	at  a  rate  less	 than  the  rate  paid  to 	
employees of 	another 	sex 	or gender identit	y if both employees work in the same establishment and 	
perform work of comparable character or work on the same operation, in the same	 business, or of the 	
same type; or	 	
 	 	 	 	 (ii) providing le	ss favorable employment opportunities based on sex or gender identity.	 	
(2) 	 For purposes of paragraph (1)(i	) of this subsection, an employee shall be deemed to work at the 	same 	
establishment as another employee if the employees work for the same employer a	t workplaces located in 	
the same county of the state.	 	
(c)  Effect of requirement.	 – Except as provided in subsection (	d) of this section, subsection (	b) of this section does 	
not prohibit a variation in a wage that is based on: 	 	
(1) a seniority system that 	does not discriminate on the basis of sex	 or gender identity	;  	
(2) a merit increase system that does not discriminate on the basis of sex	 or gender identity	;  	
 	 (3) jobs that require different abilities or skills; 	 	
(4) jobs that require the regular perform	ance of d	ifferent duties or services; 	 	
(5) work that is performed on different shift	s or at different times of day;	 	
(6) a system that measures performance based on a quality or quantity or production; or 	 	
(7) a bona fide factor other than sex or gender ide	ntity, including education, training, or experience in 	
which the factor:	 	
Equal Pay for Equal Work 	 	
 (Labor and Employment Article Title 3, Subtitle	 3)

(i) is not based on or derived from a gender	-based differential in compensation;	 	
(ii) is job related with respect to the position and consistent with a business necessity; and	 	
(iii) a	ccounts for the entire differential.	 	
(d)  This  section  does  not  preclude  an  employee  from  demonstrating  that  an  employer’s  reliance  on  an 
exception listed in subsection (c) of this section is a pretext for discrimination on the basis or sex or gender 
ident	ity.	 	
(e) Reduction in wages	. - An employer who is paying a wage in violation of this subtitle may not reduce another 	
wage to comply with this subtitle. 	 	
3-304.1 	 (a) An employer may not:  	 	
(1) prohibit an employee from:  	 	
 	(i) inquiring about, discussin	g, or disclosing the wages of the employee or another employee; or 	 	
(ii)  requesting  that  the  employer  provide  a  reason  for    why  the  employee’s  wages  are  a  condition  of 
(2) require an employee to sign a waiver or any other document that purpor	ts to deny the employee the right 	
to disclose or discuss the employee’s wages; or 	 	
(3) take any adverse employment action against an employee for: 	 	
  	(i) inquiring about another employee’s wages;  	 	
  	(ii) disclosing the employee’s own wages; 	 	
 	(iii) discus	sing another employee’s wages if those  wages have been disclosed voluntarily; 	 	
  	 (iv) asking the employer	 to provide a reason for the 	employee’s wages; or 	 	
  	(v) aiding or encouraging another employee’s exercise of rights under this section.  	 	
  	(b) (1) 	subject  to  paragraph  (2)  of  this  subsection,  an  employer  may,  in  a  written  policy  provided  to  each 	
employee, establish reasonable workday limitations on the time, place, and manner for inquiries about or 
the discussion or disclosure of employee wages. 	 	
 	 	(2)  a  limitation  established  under  paragraph  (1)  of  this  subsection  shall  be  consistent  with  standards 
adopted by the commissioner and all other state and federal laws. 	 	
(3) subject to subsection (	d) of this section, limitations established under paragraph 	(1) of this subsection 	
may include prohibiting an employee from discussing or disclosing the wages of another employee without 
that employee’s prior permission. 	 	
(c) except as provided in subsection (	d) of this section, the	 failure of an employee to adhere	 to a 	reasonable 	
limitation included	 in a written policy under subsection (	b) of this section shall be an affirmative defense to a 	
claim made against an employer by the employee under this section if the adverse employment action taken by 
the employer was 	for a failure to adhere to the reasonable limitation and not for an inquiry, a discussion, or a 	
disclosure of wages in accordance with the limitation. 	 	
(d) (1) a prohibition es	tablished in accordance with 	subsection (	b)(3) of this section against the discu	ssion or 	
disclosure  of    the  wages  of  another  employee  without  that  employee’s  prior  permission  may  not  apply  to 
instances in which an employee who has access to the wage information of other employees as a part of the  
employee’s essential job functions if	 the discussion or disclosure is in response to a complaint or charge or in 	
furtherance  of  an    investigation,  a  proceeding,  a  hearing,  or  an  action  under  this  subtitle,    including  an 
investigation conducted by the employer. 	 	
(2) if an employee who has acce	ss to wage information as part of the essential functions of the employee’s 	
job discloses the employee’s own wages or wage information about another employee obtained outside the 
performance  of  the  essential  functions  of  the    employee’s  job,  the  employee  s	hall  be  entitled  to  all  the 	
protections afforded under this subtitle. 	 	
(e) Nothing in this section shall be construed to: 	 	
 	 	 	(1) require an employee to disclose the employee’s wages; 	 	
(2) diminish employees’ rights to negotiate the terms and conditions of	 employment under federal, state, or 	
local law;  	 	
(3)  limit  the  rights  of  an  employee  provided  under  any  other  provision  of  law  or  collective  bargaining 
  	 	 	(4) create an obligation on any employer or employee to disclose wages; 	 	
(5) permit an 	employee, without the written consent of an  employer, to disclose proprietary information, 	
trade secret information, or information that is otherwise subject to a legal  privilege or protected by law; or 
(6) permit an employee to 	disclose wage information	 to a	 competitor of the employer.

3-305.	 	Records and reports. 	  	
(a)	 (1) Each employer shall keep each record that the Commissioner requires on: 	 	
 	 	 (i)   	wages of employees; 	 	
  (ii)   	job classifications of employees; 	and	 	
 	 	 	 (iii)  	other conditions of	 employment.	 	
(2) 	An employer shall keep the records required under this subsection for the period of time that the 	
Commissioner requires. 	 	
(b)  On  the  basis  of  the  records  required  under  this  section,  an  employer  shall  make  each  report  that  the 
Commissione	r requires.	   	
3-306.	 	Copies and posting of subtitle.	   	
(a) 	Copies.	 - On request of an employer, the Commissioner shall provide without charge a copy of this subtitle 	
to the employer. 	 	
(b) 	Posting	. - Each employer shall keep posted conspicuously in each pl	ace of employment a copy of this 	
(c)  The  Commissioner,  in  consultation  with  the  Maryland  Commission  on  Civil  Rights,  shall  develop 
educational  materials  and make training available to assist employers in adopting training, policies, and 
procedur	es that comply with the requirements of this subtitle.	 	
3-306.1.	 Enforcement	 	
(a) 	Whenever the Commissioner determines that this subtitle has been violated, the Commissioner 	
(1) 	try to resolve any issue involved in the violation informally by mediati	on; or 	 	
(2) a	sk the Attorney General to bring an action on behalf of the applicant or employee.	 	
(b)	 The Attorney General may bring an action under this section in the county where the violation 	
allegedly occurred for injunctive relief, damages, or other re	lief.	 	
3-307.	 	Action against employer by or for employee.	   	
(a)	 Action by employee.	 	
(1) If an employer 	knew or reasonably should have known that the employer’s action 	violates 	§ 3	-304 of 	
this subtitle, 	an affected employee may bring an action against the emplo	yer 	for injunctive relief and 	to 	
recover the difference between the wages paid to employees 	of one sex or gender identity and the wages 	
paid to employees of another sex or gender identity 	who do the same type work and an additional equal 	
amount as liquidat	ed damages. 	 	
(2)  If an employer knew or reasonably should have known that the employer’s action violates §	 3-304.1 	
of this subtitle, an affected employee m	ay bring an action against the employer for injunctive relief and 	
to recover actual damages and an a	dditional equal amount as liquidated damages.	 	
 (3) An employee may bring an action on behalf of the employee and other employees similarly affected. 	 	
 (b)	 Assignment of claims	. - On the written request of an employee who is entitled to bring an action unde	r this 	
section, the Commissioner may: 	 	
(1) take an assignment of the claim in trust for the employee; 	 	
(2)  ask  the  Attorney  General  to  bring  an  action  in  accordance  with  this  section  on  behalf  of  the 
employee; and 	 	
(3) consolidate 2 or more claims against 	an employer. 	 	
(c) 	Limitations period. 	- An action under this section shall be filed within 3 years 	after the	 employee receives 	
from the employer the wages paid on the termination of employment under § 3	-505(	a) of this title.	 	
(d) 	Defense	. - The agreement of	 an employee to work for less than the wage to which the employee is entitled 	
under this subtitle is not a defense to an action under this section. 	 	
(e) 	Costs.	 - If a court determines that an employee is entitled to judgment in an action under this section	, the 	
court  shall  allow  against  the  employer  reasonable  counsel  fees  and  other  cost	s  of  the  action,  as  well  as 	
prejudgment interest in accordance with the Maryland Rules.	 	
3-308.	 	Prohibited acts; penalties.	   	
(a) 	Prohibited acts of employer.	 - An employer 	may not: 	 	
(1) willfully violate any provision of this subtitle; 	 	
(2) hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the 
Commissioner in the enforcement of this subtitle; 	 	
(3) refuse entry to the Commissioner 	or an authorized representative of the Commissioner into a place of 	
employment that the Commissioner is authorized under this subtitle to inspect; or

(4)	 discharge or otherwise discriminate against an employee because the employee: 	 	
(i) makes a complaint	 to the employer, the Commissioner, or another person; 	 	
(ii) brings an action under this subtitle or a proceeding that relates to the subject of this subtitle or 
causes the action or proceeding to be brought; or 	 	
(iii) has testified or will testify in an a	ction under this subtitle or a proceeding that relates to the 	
subject of this subtitle. 	 	
(b) 	Prohibited acts of employee.	 - An employee may not: 	 	
(1) make a groundless or malicious complaint to the Commissioner or an authorized representative of 
the Commis	sioner; 	 	
 	 	 	 (2) in bad faith, bring an action under this subtitle; 	 	
 	 	 	 (3) in bad faith, bring a proceeding that relates to the subject of this subtitle; or 	 	
 (4) in bad faith, testify in an action under this subtitle or a proceeding that relates to the 	subject of this 	  	
(c) Action by Commissioner	. - The Commissioner may bring an action for injunctive relief and damages against a 	
person who violates subsection (a)(1) or (4) or subsection (b)(1), (3), or (4) of this section. 	 	
             	(1) Penalties	. - An employer who violates any provision of subsection (a)(2) or (3) of this section is guilty 	
of a misdemeanor and on conviction is subject to a fine not exceeding $300.	 	
   (d)        (2) (I) If an employer is found to have violated this subtitl	e two or more times within a 3	-year period,    	 	
                    	the Commissioner or a court may require the employer to pay a civil penalty equal to 10% of the   	 	
                    	amount of damages owed by the employer.	 	
                     	(II) Eac	h civil penalty assessed under this paragraph shall be paid to the General Fund of the State	 	
                     	to offset the cost of enforcing this subtitle.	 	 	
For additional information or to file a complaint, please contact:	 	
Department of Labor	 	
Division of Labor and Industry	 	
Employment Standards Service	 	
1100 N. Eutaw St. Rm. 607, Baltimore, MD 21201	 	
Phone: 410	-767	-2357	 	
 Rev: 	10	/2019

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