Bill No.                29-14                        

Concerning: Contracts and Procurement – Wage Requirements – Reporting                

Revised:  April 14, 2015 Draft No.      6  

Introduced:      May 6, 2014                   

Enacted:         April 14, 2015                

Executive:       April 22, 2015                

Effective:        June 22, 2015                

Sunset Date:  None                             

Ch.   19    , Laws of Mont. Co.    2015    

County Council

For Montgomery County, Maryland

By: Council President at the request of the County Executive

AN ACT to:

(1) require certain County contractors to report summary data, including data by gender and race, paid to their employees who work on County contracts;

(2) prohibit certain County contractors from retaliating against certain employees that disclose salary information to another person or employee; and

(3)        generally amend County wage requirements law for contractors.

By amending

            Montgomery County Code

            Chapter 11B, Contracts and Procurement

            Article VI, Contract Administration

            Section 11B-33A – Wage Requirements

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 11B-33A is amended as follows:

11B-33A.  Wage requirements.

*                 *                 *

(g) Wage reporting.

(1)     The Director must insert into each contract subject to this Section a provision that requires [[the contractor]] a covered employer to submit to the Director a report (on a schedule determined by the Director) showing a summary of the wages paid to its employees, who performed direct, measurable work under the contract, by gender and race.

(2)     Prohibition against retaliation.  Except as provided in paragraph (3), a [[contractor]] covered employer must not discharge or in any other manner discriminate or retaliate against an employee, who performed direct, measurable work under the contract, because the employee:

(A)    has inquired about, discussed, or disclosed the wages of the employee or another employee;

(B)     asserts any right under this subsection; or

(C)     files any complaint for violation of this subsection. 

(3)     The prohibition against retaliation under paragraph (2) does not apply to an employee who has access to wage information of other employees or applicants as part of the employee’s essential job functions and discloses the wages of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to:  

(A)    a formal complaint or charge;

(B)     in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by [[the contractor]] a covered employer; or

(C)     is consistent with the contractor’s legal duty to furnish information.   

(4)     The Director may refer a report to the Office of Human Rights for investigation of a possible violation of Chapter 27, Human Rights and Civil Liberties.

(5) On or before December 31, 2019, the Director must submit to the County Executive and the County Council a report on the evaluation of the wage data submitted by contractors and subcontractors under paragragh (1).  This report must include:

(A) the number of reports reviewed;

(B) the number of reports referred to the Office of Human Rights for investigation;

(C) the number of probable cause findings by the Office of Human Rights resulting from these reports;

(D) a list of sanctions imposed upon a contractor for a violation of subsection (g); and

(E) any other information the Director finds relevant to evaluate the effect of this reporting requirement on wage equity.

(h)     Conflicting requirements.  If any federal, state, or County law or regulation requires payment of a higher wage, that law or regulation controls.  If any applicable collective bargaining agreement requires payment of a higher wage, that agreement controls.

[(h)] (i)        Enforcement

*                 *                 *

(5)     Each contract may specify that liquidated damages for any noncompliance with this Section includes the amount of any unpaid wages, with interest, and that the contractor is jointly and severally liable for any noncompliance by a subcontractor.  In addition, each contract must specify:

(A) that liquidated damages may be imposed on the contractor in the event that a [[contractor]] a covered employer violates the wage reporting requirement in subsection (g); and

(B)     that an aggrieved employee, as a third-party beneficiary, may by civil action enforce the payment of wages due under this Section and recover any unpaid wages with interest, a reasonable attorney’s fee, and damages for any retaliation for asserting any right under this Section.

[(i)] (j)         Report

*                 *                 *

Sec. 2.  Transition.  This Act applies to a contract awarded after October 1, [[2014]] 2015, but does not apply to an amendment or extension of a contract originally awarded before October 1, [[2014]] 2015.

Approved: