1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Employee” means an individual who satisfies the criteria of the employer-employee relationship test which examines:

      1. (a) If the employer has the power to select and hire the employee;
      2. (b) If the employer pays the employee wages;
      3. (c) If the employer has the power to discharge the employee;
      4. (d) If the employer has the power to control the employee's conduct; and
      5. (e) If the work is part of the regular business of the employer.

   2. (2) “Employer” means:

      1. (a) A contractor who:

         1. (i) Has a State contract for services valued at $500,000 or more; or
         2. (ii) Employs more than 10 employees and has a State contract for services valued at greater than $100,000 but less than $500,000; or

      2. (b) A subcontractor who:

         1. (i) Performs work for a contractor who is an employer subject to the Living Wage Law on a State contract for services that is valued at $500,000 or more; or
         2. (ii) Employs more than 10 employees and performs work for a contractor who is an employer subject to the Living Wage Law on a State contract for services that is valued at $100,000 or more but less than $500,000.

   3. (3) Services.

      1. (a) “Services” means the rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance.
      2. (b) “Services” includes maintenance as defined in COMAR 21.01.02.01B(53) but does not include construction work or the purchase of goods.
   4. (4) “Tier 1 Area” means Montgomery County, Prince George's County, Howard County, Anne Arundel County, Baltimore County, and Baltimore City.
   5. (5) “Tier 2 Area” means any county in the State not included in the Tier 1 Area.

Authority: State Finance and Procurement Article, Title 18, Annotated Code of Maryland

Effective date:

Regulations .01—.10 adopted as an emergency provision effective October 1, 2007 (34:22 Md. R. 1975); adopted permanently effective February 25, 2008 (35:4 Md. R. 515)