Employment Standards - Firefighters - Payment of Wages and Payroll Information, the official text

WES MOORE, Governor             Ch. 181

Chapter 181

                   (Senate Bill 445)

AN ACT concerning

Employment Standards – Firefighters – Payment of Wages and Payroll
                                             Information

FOR the purpose of requiring governmental units that employ firefighters to compute
         overtime pay in a certain manner; requiring counties and municipalities to provide
         certain payroll information to each firefighter employed by the county or
         municipality; authorizing a firefighter or the firefighter’s exclusive representative to
         initiate a certain grievance if a county or municipality does not provide the payroll
         information as required or wages due; and generally relating to wages and payroll
         information for firefighters.

BY repealing and reenacting, with amendments,
         Article – Labor and Employment
         Section 3–420
         Annotated Code of Maryland
         (2025 Replacement Volume)

BY adding to
         Article – Local Government
         Section 1–210
         Annotated Code of Maryland
         (2013 Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Labor and Employment

3–420.

        (A) IN THIS SECTION, “EMPLOYER” INCLUDES A GOVERNMENTAL UNIT
THAT EMPLOYS A FIREFIGHTER.

        [(a)] (B) Except as otherwise provided in this section, an employer shall compute
the wage for overtime under § 3–415 of this subtitle on the basis of each hour over 40 hours
that an employee works during 1 workweek.

        [(b)] (C) Notwithstanding § 3–415(b)(2) of this subtitle, an employer that is not
a nonprofit organization and is a concert promoter, legitimate theater, music festival, music

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pavilion, or theatrical show shall pay overtime for a craft or trade employee as required in
subsection [(a)] (B) of this section.

        [(c)] (D) The wage for overtime may be computed on the basis of each hour over
60 hours that an employee works during 1 workweek for an employee who:

         (1) is engaged in agriculture; and

         (2) is exempt from the overtime provisions of the federal Act.

        [(d)] (E) The wage for overtime may be computed on the basis of each hour over
48 hours that an employee works during 1 workweek:

         (1) for an employee of a bowling establishment; and

         (2) for an employee of an institution that:

               (i) is not a hospital; but

               (ii) is engaged primarily in the care of individuals who:

               1. are aged, intellectually disabled, or sick or have a mental

disorder; and

               2. reside at the institution.

        (F) (1) THE WAGE FOR OVERTIME FOR A FIREFIGHTER EMPLOYED BY A
GOVERNMENTAL UNIT SHALL BE COMPUTED ON THE BASIS OF EACH HOUR OVER 168
HOURS THAT THE FIREFIGHTER WORKS DURING A 28–DAY WORK PERIOD.

                (2) IN CALCULATING HOURS WORKED UNDER PARAGRAPH (1) OF
THIS SUBSECTION, THE EMPLOYER:

               (I) SHALL INCLUDE ALL REGULARLY SCHEDULED HOURS; AND

                         (II) IF THE FIREFIGHTER USED EARNED OR ACCRUED LEAVE
DURING ALL OR PART OF THE REGULARLY SCHEDULED HOURS, MAY NOT BE
REQUIRED TO INCLUDE EARNED OR ACCRUED LEAVE IN EXCESS OF 42 HOURS PER
WEEK.

                (3) A GOVERNMENTAL UNIT MAY NOT BE DETERMINED TO HAVE
VIOLATED THIS SECTION IF THE GOVERNMENTAL UNIT:

               (I) PAYS OVERTIME WAGES USING AN AVERAGE OF:

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WES MOORE, Governor  Ch. 181

                                 1. NOT MORE THAN 42 HOURS PER WEEK; AND

                                 2. A WORK PERIOD OF BETWEEN 7 AND 28 DAYS; OR

                         (II) IS A PARTY TO A FIREFIGHTER COLLECTIVE BARGAINING
AGREEMENT THAT DEFINES A SHIFT AS 42 HOURS PER WEEK.

                                         Article – Local Government

1–210.

        (A) EACH COUNTY AND MUNICIPALITY SHALL PROVIDE FOR EACH
FIREFIGHTER EMPLOYED BY THE COUNTY OR MUNICIPALITY:

                (1) AT THE TIME OF HIRING AND AT THE TIME OF ANY CHANGE OF THE
FIREFIGHTER’S RATE OF PAY, NOTICE OF:

                         (I) THE FIREFIGHTER’S RATE OF PAY;

                         (II) THE REGULAR PAY PERIODS; AND

                         (III) THE FIREFIGHTER’S OVERTIME RATE OF PAY; AND

                (2) FOR EACH PAY PERIOD, A STATEMENT OF THE HOURS WORKED,
GROSS EARNINGS, AND ANY DEDUCTIONS FROM THE GROSS EARNINGS.

        (B) IF A COUNTY OR MUNICIPALITY DOES NOT PROVIDE PAYROLL
INFORMATION IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR WAGES
DUE, THE FIREFIGHTER OR THE FIREFIGHTER’S EXCLUSIVE REPRESENTATIVE MAY

INITIATE A GRIEVANCE UNDER THE GRIEVANCE PROCEDURE ESTABLISHED UNDER
ANY APPLICABLE GRIEVANCE PROCEDURE OR COLLECTIVE BARGAINING

AGREEMENT.

        (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION, IF A
GRIEVANCE IS INITIATED UNDER SUBSECTION (B) OF THIS SECTION, A FIREFIGHTER

IS ENTITLED TO WAGES AND DAMAGES UNLESS THE WAGE IS WITHHELD AS A RESULT

OF A BONA FIDE DISPUTE.

                (2) IF THE GRIEVANCE WAS FILED:

                         (I) IN THE FIRST 3 BUSINESS DAYS OF A PAY PERIOD, THE
DAMAGES SHALL START IN THE FOLLOWING REGULAR PAY PERIOD; OR

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Ch. 181         2026 LAWS OF MARYLAND

                         (II) AFTER THE THIRD BUSINESS DAY OF A PAY PERIOD, THE

DAMAGES SHALL START IN THE SECOND REGULAR PAY PERIOD FOLLOWING THE PAY

PERIOD IN WHICH THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER’S FULL
WAGE.

         (3) THE DAMAGES UNDER PARAGRAPH (1) OF THIS SUBSECTION:

                         (I) MAY NOT BEGIN UNTIL AT LEAST ONE REGULAR PAY PERIOD
HAS ELAPSED SINCE THE FIREFIGHTER WAS NOT PAID THE FIREFIGHTER’S FULL
WAGE DUE FOR A PAY PERIOD;

                (II) SHALL INCREASE PER PAY PERIOD BY 30% OF:

                                 1. THE WAGE THAT THE COUNTY OR MUNICIPALITY
FAILED TO PROVIDE THE INFORMATION FOR AS REQUIRED UNDER SUBSECTION (A)
OF THIS SECTION; OR

                2. THE WAGE THAT THE COUNTY OR MUNICIPALITY

FAILED TO PAY;

                         (III) SHALL CONTINUE UNTIL THE PAY PERIOD WHEN THE

COUNTY OR MUNICIPALITY PROVIDES THE MISSING WAGES AND DAMAGES TO THE

FIREFIGHTER; AND

                (IV) MAY NOT EXCEED THREE TIMES THE AMOUNT OF:

                                 1. THE WAGE DUE FOR A PAY PERIOD FOR WHICH THE

COUNTY OR MUNICIPALITY FAILED TO PROVIDE THE INFORMATION AS REQUIRED

UNDER SUBSECTION (A) OF THIS SECTION; OR

                2. THE MISSING WAGES.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
apply only prospectively and may not be applied or interpreted to have any effect on or
application to any collective bargaining agreements in effect before the effective date of this
Act.

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026 2028.

Approved by the Governor, April 28, 2026.

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