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:
April22.2015
Effective:
July 22. 2015
Sunset Date: _N""""o=n=e_ _ _ _ __
Ch.
~.
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN
ACTto:
(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.
Byam.ending
Montgomery County Code
Chapter 1lB, Contracts and Procurement
Article VI, Contract Administration
Section 11B-33A- Wage Requirements
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
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 unaffected by bill.
The County c_ouncil for Montgomery County, Maryland apprOVf!S the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-14
1
Sec.1. Section 11B-33A is amended as follows:
11B-33A. Wage requirements.
2
3
*
(g)
Wage reporting.
*
*
4
5
ill
The Director must insert into each contract subject to this Section
~provision
that requires
.6
7
[[the contractor]] a covered employer to
submit to the Director
~
report (on
~
schedule determined
~
the
Director)
showing~
summary of the wages paid to its employees,
who performed direct, measurable work under the
gender and race.
contract,~
8
9
10
11
12
13
. 14
ill
Prohibition against retaliation.
Except as provided in paragraph
Q1
~
[[contractor]] covered employer must not discharge or in
any other manner discriminate or retaliate against an employee,
_who_perfonned __ direct, measurable work under the contract,
because the employee:
(A)
has inquired about, discussed, or disclosed the wages of
the employee or another employee;
15
16
17
18
19
Qll
.{Q
asserts any right under this subsection; or
files any complaint for violation of this subsection.
20
21
ill
The prohibition against retaliation under paragraph
ill
does not
fillPly
to an employee who has access to wage information of
22
23
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)
~
24
25
26
formal complaint or charge;
-2-
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BILL
No. 29-14
27
28
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33
34
35
36
37
38
39
40
. 41
42
43
44
45
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ill}
in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted
J2y
[[the
contractor]] a covered employer; or
©
ill
is consistent with the contractor's legal duty to furnish
information.
The Director may refer
~
report
to
the Office of Human Rights
for investigation
of~
possible violation of Chapter 27, Human
Rights and Civil Liberties.
ill
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:
(A)
the number of reports reviewed:
!fil
the number of reports referred to the Office of Human
Rights for investigation:
a:;J
the number of probable cause findings by the Office of
Human Rights resulting from these reports:
ml
LID
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
-3-
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BILL
No.
29-14
51
52
53
controls.
If
any applicable collective bargaining agreement requires
payment of a higher wage, that agreement controls.
[@]
ill
(5)
Enforcement
54
55
56
57
*
*
*
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
~
58
59
60
61
62
63
64
[[contractor]] a covered employer
violates the wage reporting requirement in subsection
.{gt
and
au
that an aggrieved
emplo~ee,
as _a third:-part)'_beneficiary,
65
66
67
68
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.
69
70
(ill]
ill
Report
*
*
71
72
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.
73
74
75
Approved:
-4-
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BILL
No. 29-14
76
George Leventhal, President, County Council
77
78
Date
Approved:
Isiah rkggett, Councy
79
Ef
ecritive
//
•}/
1
Date
,
This is a correct copy ofCouncil action.
80
Linda M. Lauer, Clerk of the Council
Date
-5-
 PDF to HTML - Convert PDF files to HTML files
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:
April22.2015
Effective:
July 22. 2015
Sunset Date: _N""""o=n=e_ _ _ _ __
Ch.
~.
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN
ACTto:
(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.
Byam.ending
Montgomery County Code
Chapter 1lB, Contracts and Procurement
Article VI, Contract Administration
Section 11B-33A- Wage Requirements
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
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 unaffected by bill.
The County c_ouncil for Montgomery County, Maryland apprOVf!S the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-14
1
Sec.1. Section 11B-33A is amended as follows:
11B-33A. Wage requirements.
2
3
*
(g)
Wage reporting.
*
*
4
5
ill
The Director must insert into each contract subject to this Section
~provision
that requires
.6
7
[[the contractor]] a covered employer to
submit to the Director
~
report (on
~
schedule determined
~
the
Director)
showing~
summary of the wages paid to its employees,
who performed direct, measurable work under the
gender and race.
contract,~
8
9
10
11
12
13
. 14
ill
Prohibition against retaliation.
Except as provided in paragraph
Q1
~
[[contractor]] covered employer must not discharge or in
any other manner discriminate or retaliate against an employee,
_who_perfonned __ direct, measurable work under the contract,
because the employee:
(A)
has inquired about, discussed, or disclosed the wages of
the employee or another employee;
15
16
17
18
19
Qll
.{Q
asserts any right under this subsection; or
files any complaint for violation of this subsection.
20
21
ill
The prohibition against retaliation under paragraph
ill
does not
fillPly
to an employee who has access to wage information of
22
23
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)
~
24
25
26
formal complaint or charge;
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-14
27
28
29
30
31
32
33
34
35
36
37
38
39
40
. 41
42
43
44
45
46
47
48
49
50
ill}
in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted
J2y
[[the
contractor]] a covered employer; or
©
ill
is consistent with the contractor's legal duty to furnish
information.
The Director may refer
~
report
to
the Office of Human Rights
for investigation
of~
possible violation of Chapter 27, Human
Rights and Civil Liberties.
ill
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:
(A)
the number of reports reviewed:
!fil
the number of reports referred to the Office of Human
Rights for investigation:
a:;J
the number of probable cause findings by the Office of
Human Rights resulting from these reports:
ml
LID
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
-3-
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
29-14
51
52
53
controls.
If
any applicable collective bargaining agreement requires
payment of a higher wage, that agreement controls.
[@]
ill
(5)
Enforcement
54
55
56
57
*
*
*
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
~
58
59
60
61
62
63
64
[[contractor]] a covered employer
violates the wage reporting requirement in subsection
.{gt
and
au
that an aggrieved
emplo~ee,
as _a third:-part)'_beneficiary,
65
66
67
68
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.
69
70
(ill]
ill
Report
*
*
71
72
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.
73
74
75
Approved:
-4-
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-14
76
George Leventhal, President, County Council
77
78
Date
Approved:
Isiah rkggett, Councy
79
Ef
ecritive
//
•}/
1
Date
,
This is a correct copy ofCouncil action.
80
Linda M. Lauer, Clerk of the Council
Date
-5-