Bill No.
12-16
Concerning: Human Rights and Civil
Liberties - County Minimum Wage -
Amount - Annual Adjustment
Revised:
01/17/2017
Draft No. _3_
Introduced:
April
12. 2016
Enacted:
January
17. 2017
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
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Ch. _ _ , Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Eirich
Co-Sponsors: Councilmembers Leventhal, Riemer, Navarro and Rucker
AN ACT
to:
(1) increase the County minimum wage by a certain amount;
(2) require the Chief Administrative Officer to adjust the County minimum wage rate
each year; and
(3) generally amend the laws governing the minimum wage
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article XI. County Minimum Wage
Section 27-68
By adding
Montgomery County Code
Chapter 27. Human Rights and Civil Liberties
Article XI. County Minimum Wage
Section 27-70A
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Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
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:
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BILL
No. 12-16
1
Sec
1.
Section 27-68 is amended and Section 27-70A is added as follows:
27-68.
Minimum Wage Required.
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(a)
County minimum wage.
Except as provided in Subsection (b), an
employer must pay wages to each employee for work performed in the
County at least the greater of:
(1)
the minimum wage required for that employee under the Federal
Act;
(2)
the minimum wage required for that employee under the State
Act; or
(3)
(b)
[$11.50] $15.00 per hour.
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Annual adjustment.
The Chief Administrative Officer must adjust the
minimum wage rate required under Subsection (a)(3), effective July
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([2021]] 2023, and July
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of each subsequent year, by the annual
average increase, if any, in the Consumer Price Index for Urban Wage
Earners and Clerical Workers, CPI-W, or
previous calendar year.
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successor index, for the
The Chief Administrative Officer must
calculate the adjustment to the nearest multiple of five cents, and must
publish the amount of this adjustment not later than March
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of each
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Exclusions.
The County minimum wage does not apply to an employee
who:
(1)
is exempt from the minimum wage requirements of the State or
Federal Act;
(2)
is under the age of 19 years and is employed no more than 20
hours per week; or
(3)
is subject to an opportunity wage under the State or Federal Act.
Retaliation prohibited.
A person must not:
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[(c)]@
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BILL
No. 12-16
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( 1)
retaliate against any person for:
(A)
(B)
lawfully opposing any violation of this Article; or
filing a complaint, testifying, assisting, or participating in
any manner in an investigation, proceeding, or hearing
under this Article; or
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(2)
obstruct or prevent enforcement or compliance with this Article.
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27-70A. Annual imnact analysis.
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The Office of Legislative Oversight must provide to the Council. by Januarv
31 of each year. an analysis of impact of the County minimum wage on the local
economy.
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Sec. 2. Transition.
Notwithstanding Section 27-68, as amended in Section 1, except when the
scheduled increases are temporarily suspended under subsection (d). the County
minimum wage, until July 1, [[2020]] 2022, must be the greater of the minimum
wage required under the Federal or State Act or:
(a)
for an employer who employs 26 or more employees:
(l)
effective July 1, 2017, $11.50 per hour;
effective July 1, 2018, $12.50 per hour; [[and]]
effective July 1, 2019, $13.75 per hour[[.]]; and
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[((b)]](2)
[((c)]]Q)
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(hl
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effective July
1.
2020. $15.00 per hour.
for an employer who employs 25 or fewer employees:
effective July 1. 2017. $11.50 per hour:
effective July
1.
2018. $12.00 per hour;
effective July
1.
2019. $12.75 per hour;
effective July
1.
2020. $13.50 per hour; and
effective July
1.
2021. $14.25 per hour.
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No. 12-16
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For the pumoses of subsections (a) and (b), an employer's number of
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employees must be calculated based upon the employer's average
number of employees per calendar week during the preceding
calendar year for any and all weeks during which at least one
employee worked for compensation. For employers that did not have
any employees during the preceding calendar year. the employer's
number of employees must be calculated based upon the average
number of employees who worked for compensation per calendar
week during the first 90 calendar days of the current year in which the
employer engaged in business.
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On or before January 31 of each year beginning in 2018
through 2022. to ensure that economic conditions can support a
minimum wage increase. the Director of Finance must make a
determination and certify to the Executive and Council whether
each of the following conditions is met:
(A)
total private employment for Montgomery County
decreased by 1.5% over the period from April 1 to June
30 of the previous year. The calculation must compare
total private employment in June to total private
employment in April. as reported by the Maryland State
Department of Labor. Licensing. and Regulation's
Quarterly Census of Employment and Wages data series;
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all
total private employment for Montgomery County
decreased by 2.0% over the period from January 1 to
June 30 of the previous year. The calculation must
compare total private employment in June to total private
employment in January. as reported by the Maryland
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State Department of Labor. Licensing. and Regulation's
Quarterly Census of Employment and Wages data series;
(kl
the Gross Domestic Product of the United States. as
published by the U.S. Department of Commerce. has
experienced negative growth for the preceding two
quarters; and
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all
the
National
Bureau of Economic
Research has
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determined that the United States economy 1s m
recession.
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If.
in any year. the Director of Finance certifies that a condition
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in subparagraphs (A) through (D) of paragraph (1) is met. the
Executive may. on or before February 10 of that year.
temporarily suspend the minimum wage increases scheduled
under subsections (a) and (b) for that year.
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If
the Executive temporarily suspends the scheduled minimum
wage increases for a year. all dates specified in subsections (a)
and (b) that follow the temporary suspension must be postponed
by an additional year.
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The Executive must not temporarily suspend scheduled
mm1mum wage increases under this Section more than two
times.
Sec. 3.
Effective Date.
This Act takes effect on [[October 1, 2016]] July
1.
2017.
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BILL
No. 12-16
Approved:
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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