Bill No.
29-14
Concerning: Contracts and Procurement
- Wage Requir-ements - Reporting
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Revised: April 14. 2015 Draft No.
Introduced:
May 6. 2014
Enacted:
April 14. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date: ---'-'"No=n=e_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
ANACTto:
(1)
(2)
(3)
require certain County contractors
to
report
summary data,
including
data
by gender
and race, paid
to
their employees who work on County contracts;
prohibit certain County contractors from retaliating against certain employees that
disclose salary information to another person or employee; and
generally amend County wage requirements law for contractors.
By amending
Montgomery County Code
Chapter 1lB, Contracts and Procurement
Article VI, Contract Administration
Section 11B-33A-WageRequirements
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or de.fined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added
by
amendment
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County c_ouncil for Montgomery County, Maryland approves the following Act:
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BILL
No. 29-14
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Sec.1. Section 11B-33A is amended as follows:
11B-33A. Wage requirements.
*
(g)
Wage reporting.
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*
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The Director must insert into each contract subject to this Section
~provision
that requires
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[[the contractor]] a covered employer to
submit to the Director
~
report (on
~
schedule determined
~
the
Director) showing a summary of the wages paid to its employees,
who performed direct, measurable work under the contract,
gender and race.
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Prohibition against retaliation.
Except as provided in paragraph
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~[[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:
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has inquired about, discussed, or disclosed the wages of
the employee or another employee;
asserts any right under this subsection; or
files any complaint for violation of this subsection.
(Q
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The prohibition against retaliation under paragraph
ffi
does not
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to an employee who has access to wage information of
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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)
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formal complaint or charge;
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BILL
No. 29-14
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.{ID
in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted
:Qy
[[the
contractor]] a covered employer; or
.(Q
is consistent with the contractor's legal duty to furnish
information.
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The Director may refer
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report to the Office of Human Rights
for investigation of g possible violation of Chapter 27, Human
Rights and Civil Liberties.
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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 inust include:
CA)
(fil
the number of reports reviewed:
the number of reports referred to the Office of Human
Rights for investigation:
(Q
the number of probable cause :findings by the Office of
Human Rights resulting from these reports:
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£fil
a list of sanctions imposed upon a contractor for a
violation of subsection (g): and
any other information the Director finds relevant to
evaluate the effect of this reporting requirement on wage
equity.
®
Conflicting requirements.
If
any
federal, state, or County law or
regulation requires payment of a higher wage, that law or regulation
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BILL No. 29-14
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controls.
If
any applicable collective bargaining agreement requires
payment of a higher wage, that agreement controls.
[{h}]
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( 5)
Enforcement
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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
~
[[contractor]] a covered employer
violates the wage reporting requirement in subsection
.{g);,
and
(fil
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.
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Report
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Sec. 2. Tr_apsition.
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:
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No. 29-14
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Approved:
~v)
George Leventhal, President, County Council
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Date
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Isiah Leggett, County Executive
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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