Recent Developments on Scale Wages for Public Contracts in Maryland

Section 17-224 (b) of the Finance and Procurement article now provides:

Action to recover difference between prevailing wage rate and amount received. –(1)If an employee under a public work contract is paid less than the prevailing wage rate for that employee’s classification for the work performed, the employee is entitled to sue to recover the difference between the prevailing wage rate and the amount received by the employee.

And (e) provides

1. Except as provided in paragraph (3) of this subsection, if the court in an action filed under this section finds that an employer paid an employee less than the requisite prevailing wage, the court shall award the affected employee the difference between the wage actually paid and the prevailing wage at the time that the services were rendered.
2. (i)Subject to subparagraph (ii) of this paragraph, unpaid fringe benefit contributions owed for an employee in accordance with this section shall be paid to the appropriate benefit fund, plan, or program. (ii)In the absence of an appropriate benefit fund, plan, or program, the amount owed for fringe benefits for an employee shall be paid directly to the employee.
3. The court may order the payment of double damages or treble damages under this section if the court finds that the employer withheld wages or fringe benefits willfully and knowingly or with deliberate ignorance or reckless disregard of the employer’s obligations under this subtitle.
4. In an action under this section, the court shall award a prevailing plaintiff reasonable counsel fees and costs.
5. If the court finds that an employee submitted a false or fraudulent claim in an action under this section, the court may order the employee to pay the employer reasonable counsel fees and costs.
6. The contractor and subcontractor shall be jointly and severally liable for any violation of the subcontractor’s obligations under this section.