Maryland Administrative Code

.03 Complaints. Before the Commissioner of Labor and Industry initiates an investigation, the Commissioner may require the employee to submit a written complaint.

.04 Directly and Closely Related. “Directly and closely related” has the meaning stated in 29 CFR §541.703 et seq.

.05 Executive Capacity. “Executive capacity” has the meaning stated in 29 CFR §541.100 et seq.

.06 First Processing. A. “First processing” means the procedure by which the form of a product or commodity is changed from its original state. B. “First processing” does not refer to an employer who acts as a wholesaler, broker, factor, or other middleman in the chain from produ…

.07 Food and Drink Establishment. A. “Annual gross income”: (1) Means the total of all receipts from all sales made during the preceding four calendar quarters; and (2) Is the sole basis for determining the annual gross income for all subsequent quarters. B. “Cafe” means a combin…

.08 Gasoline Service Station. A. “Gasoline service station” means an establishment primarily engaged in selling gasoline and lubricating oils to the general public. B. A gasoline service station may be part of a larger enterprise which also repairs automobiles. C. An establishmen…

.09 Hotel or Motel. A. “Hotel” or “motel” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an establishment engaged primarily in providing lodging or lodging and meals to the general public. B. “Hotel” or “motel” includes an apartment or res…

.10 Hours of Work. A. “Hours of work” means the time during a workweek that an individual employed by an employer is required by the employer to be on the employer's premises, on duty, or at a prescribed workplace. B. Meal periods are included in computing hours of work if the in…

.11 Immediate Family. A. “Immediate family” means an employer's parent, spouse, child, brother, sister, grandchild, or grandparent who: (1) Resides with the employer; and (2) Enjoys the same privileges as other members of the family. B. “Immediate family” does not include anyone …

.12 Mechanic. A. “Mechanic” means an employee whose primary function is to put automobiles, trailers, trucks, or farm machinery in working order by making necessary repairs or adjustments. B. The following employees are not mechanics: (1) An employee whose primary duty is to wash…

.13 Outside Salesman. “Outside salesman” has the meaning stated in 29 CFR §541.500 et seq.

.14 Overtime Compensation. A. An employee subject to the Minimum Wage Act of Maryland shall be paid overtime compensation for each hour worked in excess of 40 hours per workweek. This includes the following: (1) All hours worked by an employee for an employer are included, even t…

.15 Packing. “Packing” means the physical operation by which a product or commodity is placed in a container which is then closed and sealed.

.16 Partsman. A. “Partsman” means an employee whose primary function is to: (1) Sell or dispense parts for automobiles, trailers, trucks, or farm machinery; or (2) Requisition, stock, or dispense those parts for an establishment's mechanical service department. B. A partsman's du…

.17 Professional Capacity. “Professional capacity” has the meaning stated in 29 CFR §541.300 et seq.

.18 Reasonable Cost. A. The reasonable cost of board, lodging, or other facilities may be included as part of an employee's wage if the: (1) Facilities are customarily and regularly available to all similarly situated employees; (2) Employee's acceptance of the facility is volunt…

.19 Regular Hourly Rate. A. “Regular hourly rate” means the usual hourly rate. B. The regular hourly rate is determined by dividing the total compensation for employment in any workweek by the total number of hours worked in that workweek. C. Any commission or bonus, if: (1) Paid…

.20 Restaurant Tip Credit Wage Statement. A. Definitions. (1) In this regulation, the following terms have the meanings indicated. (2) Terms Defined. (a) “Reported tips” means tips retained by the employee and disclosed to the employer, tips distributed to the employee by the emp…

.21 Salesman. A. “Salesman” for purposes of Labor and Employment Article, §3-415, Annotated Code of Maryland, means an employee whose primary duty is to sell or obtain orders or contracts for the sale of automobiles, trailers, trucks, or farm machinery. B. The sales work may be p…

.22 Work-Study Programs. A. Definitions. (1) A “work-study program” is a program in which the period of normal public or private school attendance is divided between school attendance and employment in industry or business. (2) A “work-study coordinator” is the individual assigne…

.23 Workweek. “Workweek” means a fixed and regularly recurring period of 168 consecutive hours beginning on any hour of the day.

.24 Computer-Related Occupations: Exemptions from Minimum Wage and Overtime Compensation. A computer systems analyst, computer programmer, software engineer, or other similarly skilled professional employee in the computer field is eligible for classification as an employee in a …

.01 Scope and Purpose. A. Scope. (1) Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland. (2) These regulations set forth policies and procedures to promote equality of opportunity in apprenticeship progra…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Apprenticeship program” means a program registered with the Maryland Apprenticeship and Training Council and evidenced by a certificate of registration or other appropriat…

.03 Equal Opportunity Standards. A. Obligation of Sponsors. Each sponsor of an apprenticeship program shall: (1) Recruit, select, employ, and train apprentices during their apprenticeship without discrimination based on political or religious opinion or affiliation, marital statu…

.04 Affirmative Action Plans. A. Adoption of Affirmative Action Plans. A sponsor's commitment to equal opportunity in recruitment, selection, employment, and training of apprentices shall include the adoption of a written affirmative action plan. B. Definition of Affirmative Acti…

.05 Selection of Apprentices. A. Obligation of Sponsors. In addition to the development of a written affirmative action plan to ensure that minorities and women have an equal opportunity for selection as apprentices and otherwise ensure the prompt achievement of full and equal op…

.06 Existing List of Eligibles and Public Notice. A. A sponsor adopting a selection method under Regulation .05B(1) or (2) of this chapter, and a sponsor adopting a selection method under Regulation .05B(4) who determines that there are fewer minorities and women (minority and no…

.07 Records. A. Obligations of Sponsors. Each sponsor shall keep adequate records including a summary of the qualifications of each applicant; the basis for evaluation and for selection or rejection of each applicant; the records pertaining to interviews of applicants; the origin…

.08 Compliance Reviews. A. Conduct of Compliance Reviews. The Council will regularly conduct systematic reviews of apprenticeship programs in order to determine the extent to which sponsors are complying with these regulations and will also conduct compliance reviews when circums…

.09 Noncompliance with Federal and State Equal Opportunity Requirements. A pattern or practice of noncompliance by a sponsor (or when the sponsor is a joint apprenticeship committee, by one of the parties represented on this committee) with federal and State laws or regulations r…

.10 Complaint Procedure. A. Filing. (1) Any apprentice or applicant for apprenticeship who believes that he or she has been discriminated against on the basis of political or religious opinion or affiliation, marital status, race, color, creed, national origin, sex, or age, unles…

.11 Adjustments in Schedule for Compliance Review or Complaint Processing. If, in the judgment of the Council, a particular situation warrants and requires special processing and either expedited or extended determination, it shall take the steps necessary to permit this determin…

.12 Sanctions. A. When the Council, as a result of a compliance review or other reason, determines that there is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter and voluntary corrective action has not been taken by the p…

.13 Reinstatement of Program Registration. Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the Council that the apprenticeship program is operating in accordance with this chapter.

.14 Hearings. A. Procedure for Hearings. (1) Within 10 days after receiving a request for a hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge. (2) The administrative law judge shall give reasonable notice of the he…

.15 Intimidatory or Retaliatory Acts. Any intimidation, threat, coercion, or retaliation by or with the approval of any sponsor against any person for the purpose of interfering with any right or privilege secured by Title VII of the Civil Rights Act of 1964, as amended, Executiv…

.16 Nondiscrimination. The commitments contained in the sponsor's affirmative action program are not intended and may not be used to discriminate against any qualified applicant or apprentice on the basis of political or religious opinion or affiliation, marital status, race, col…

.17 Exemptions. Requests for exemption from this chapter, or any part of it, shall be made in writing to the Council and shall contain a statement or reasons supporting the request. Exemptions may be granted by the Council or the Secretary of Labor for good cause. The Council sha…

.01 Scope and Purpose. A. Except as provided in COMAR 09.01.12.01C, these regulations do not apply to youth apprenticeship under Apprenticeship Maryland. B. The purpose of this chapter is to: (1) Establish guidelines and standards necessary for the development of skilled apprenti…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Apprentice” means a worker 16 years old or older, who has entered into a voluntary written agreement with a sponsor who has agreed to teach the worker a skilled trade unde…

.03 Eligibility and Procedure for Registration. A. Registration of Apprenticeship Program. (1) An apprenticeship program is eligible for registration by the Council if the: (a) Apprenticeship program conforms with apprenticeship program standards published by the Council; (b) App…

.04 Criteria for an Apprenticeable Occupation. An apprenticeable occupation is a skilled trade that: A. Is customarily learned in a practical way through on-the-job training; B. Can be clearly identified and commonly recognized throughout an industry; C. Is not a part of an occup…

.05 Standards of an Apprenticeship Program. A. The apprenticeship program shall be an organized, written plan which includes the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation. B. A sponsor of an apprentice…

.06 Certificate of Completion of Apprenticeship. To receive a certificate of completion of apprenticeship, an apprentice shall successfully complete both the required related instruction and the on-the-job training while in the employ of and under the supervision of a registered …

.07 Apprenticeship Agreement. A. The apprenticeship agreement shall be on a form approved by the Council and shall contain: (1) The name and signature of the: (a) Apprentice; (b) Program sponsor; and (c) Parent or guardian, if the apprentice is a minor; (2) The date of birth of t…

.08 Standards for Hours of Work, Working Conditions, and Related Instruction Facilities. A. Hours of Work. (1) The regular work day and work week for apprentices shall conform to all applicable laws and regulations. (2) Overtime may not: (a) Interfere with or impair training; or …

.09 Responsibilities of the Sponsor. The sponsor shall: A. Recruit and interview applicants, schedule testing, instruct applicants on completing applications, and brief applicants for interviews; B. Keep application records up to date; C. Indoctrinate new apprentices, assign appr…

.10 Apprenticeship Training. A. Apprentice training shall be provided by a qualified individual who is in a position to relate directly to the apprentice's work. B. The arrangement shall be made known to both the apprentice and the individual to whom supervisory responsibility is…

.11 Records and Reports. A. A program sponsor shall keep, in a manner and form as required by the Council, adequate records of all phases of the operation of the apprenticeship program, including, but not limited to: (1) Job assignments; (2) Promotion; (3) Demotion; (4) Layoff or…