A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-half of the time employee’s during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. (2) A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Performs work for a Contractor not covered by the Living Wage Law as defined in B(1)(b) above, or B(3) or C below. (3) Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement or (“Unit”); (d) Services between a Unit and a County or Baltimore City. C. If the Unit responsible for the State contract for services determines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. D. A Contractor shall not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18.
A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one-half of the employee’s time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. (2) A Subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Performs work for a Contractor not covered by the Living Wage Law as defined in B(1)(b) above, or B(3) or C below. (3) Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofit organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement (“Unit”); or (d) Services between a Unit and a County or Baltimore City. C. If the Unit responsible for the State contract for services determines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. D. A Contractor shall not split or subdivide a State contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18.
ACDSS-IHAS-15-001--Revised%205.7.14%20(3).docx