February 26, 2010
The Honorable Thomas M. Middleton
Finance Committee
3 East, Miller Senate Building
Annapolis, MD 21401
Dear Senator Middleton:
SB419 would increase specified criminal penalties for violations of specified wage and hour laws; and establish that every workweek for which an employer does not pay the wage required under specified law shall be considered a separate offense.
The Legislative Committee of the Carroll County Chamber of Commerce opposes this bill. In this bill, the criminal penalties, unlike those under the federal statute, are not limited to willful violations. The wage/hour law is highly technical in some areas, and there are situations where it is not entirely clear how employees must be treated. Under this proposed amendment, an employer who is attempting to comply in good faith with the law, but makes a mistake with regard to an employee’s classification, would be subject to multiple criminal penalties.
We therefore ask that your committee give this bill a negative report.
Sincerely,
Richard Haddad
President
CC: Senator Larry E. Haines