The Prevailing Wage law applies to a construction project valued at $250,000 or more if either of the following criteria are met:

  1. The contracting public body is a unit of State Government or an instrumentality of the State, and there is any State funding for the project; or
  2. The contracting public body is a political subdivision, agency, person or entity (such as a county) and the State funds 50% or more of the project except for school construction where the contract value is $250,000 or greater with state funding of 25% or more

Please note that Montgomery County established its own prevailing wage law, which has been effective since 2009.

Compliance Tips:

  • A wage determination issued for a project specifies the wage and fringe benefit rates for each classification of worker, determined to be prevailing in that locality for that type of construction. Wage determinations are issued for each locality in the State (23 counties and Baltimore City) and are in effect for one year from the date on which they become final.
  • Maryland prevailing wage law requires employees on a public works contract to be paid overtime for the following: 1) hours in excess of 10 hours in a single day; 2) hours worked in excess of forty hours in one week; 3) all Sunday work; 4) all holiday work
  • Maryland prevailing wage law requires employees on a public works project to be paid overtime for working on legal holidays including but not limited to the following: 1) New Years Day (Jan 1); 2) Memorial Day (observed by either state or federal government); 3) Independence Day (July 4); 4) Labor Day (first Monday of September); 5) Thanksgiving Day (fourth Thursday in November); 6) Christmas Day (Dec 25)