§ 19A-1. Definitions.
(a) In general.
In this subtitle, the follow terms have the meanings indicated.
(b) Commercial property employer.
"Commercial property employer" means an owner, operator, manager, or lessee, including a contractor, subcontractor, or sublessee, of a non-residential property in the City that employs 25 or more janitorial, maintenance, or security service employees.
(c) Commission.
"Commission" means the Wage Commission established by § 2-1 {"Commission established"} of this article, or the Commission's designee.
(d) Customary seasonal work.
"Customary seasonal work" means work performed by an employee during approximately the same season of a calendar year, such as summer or winter.
(e) Employer.
(1) In general.
"Employer" means a person that is any of the following, as defined in this section:
(i) a commercial property employer;
(ii) an event center employer; or
(iii) a hotel employer.
(2) Exclusion.
"Employer" does not include a hospital as defined in State Health-General Article, § 19-301 {"Definitions: Hospital"}.
(f) Event center employer.
(1) In general.
"Event center employer" means an owner, operator, or manager of a publicly or privately owned structure within the City that:
(i) is used for public performances, sporting events, business meetings, or similar events; and
(ii) either:
(A) is 50,000 square feet or more in total area; or
(B) has a seating capacity of 1,000 seats or more.
(2) Inclusions.
(i) An "event center employer" includes a concert hall, stadium, arena, racetrack, and convention center.
(ii) An "event center employer" also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center's purpose, such as food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
(3) Exclusion.
"Event center employer" does not include the Maryland Stadium Authority.
(g) Hotel employer.
(1) In general.
"Hotel employer" means the owner, operator, or manager of a publicly or privately owned structure that:
(i) is used for public lodging or other related service for the public; and
(ii) either:
(A) contains 50 or more guest rooms; or
(B) has earned gross receipts in the 2019 tax year exceeding $5 million.
(2) Inclusions.
A "hotel employer" includes the owner, operator, manager, or lessee of any food service facility, as defined in § 6-101(d) {"Definitions: Food service facility"} of the City Health Code, that is physically located on the hotel employer's premises.
(h) Laid-off employee.
(1) In general.
"Laid-off employee" means an individual:
(i) who had a length of service with an employer of 90 days or more in the 12 months preceding their most recent separation from active service or failure to be scheduled for customary seasonable work from that employer;
(ii) who performed, in a particular workweek, at least 2 hours of work within Baltimore City for that employer; and
(iii) whose most recent separation from that employer from active service or failure to be scheduled for customary seasonal work occurred on or after March 5, 2020, as a result of a lack of business, a reduction in workforce, or any other economic and non-disciplinary reason.
(2) Presumption regarding terminations after March 5, 2020.
There is a rebuttable presumption of fact that any termination occurring on or after March 5, 2020, was due to a non-disciplinary reason.
(3) Exclusions.
"Laid-off employee" does not include any individual who was, prior to his or her separation, a managerial, supervisory, or confidential employee.
(4) Limitation.
With respect to commercial property employer, "laid-off employee" is limited to only the separated janitorial, maintenance, or security service employees of the commercial property employer.
(i) Length of service.
"Length of service" means the aggregate total period of time during which a laid-off employee had been in active service to an employer, including periods of time when the laid-off employee was on leave or on vacation.
(j) {Repealed}