The Maryland General Assembly’s 2022 session ended at midnight on Monday, April 11. There were a number of bills passed of significance to employers, including the creation of a paid family leave program, an expanded definition of illegal harassment, an extension of the statute of limitations for employment discrimination and harassment claims, reasonable accommodations for applicants with disabilities, the possibility of recreational marijuana, revisions to Maryland’s Personal Information Protection law, and Juneteenth as a new State holiday. For more details about each of these bills and information about our upcoming webinar on April 28, 2022 to provide guidance on compliance, click here.
The Maryland General Assembly Just Passed Paid Family and Medical Leave – What’s Next for Employers?
If this bill becomes law, it will have a significant impact on all employers with Maryland employees. It provides for up to 12 weeks of paid leave for reasons that are mostly covered by the federal Family and Medical Act, and an additional 12 weeks if an employee requires both leave for their own serious health condition and to care for a child after birth/adoption/foster placement. There are many reasons why this bill is problematic for employers, as detailed below, which is why the Maryland Chamber of Commerce is urging employers to support a veto by Governor Hogan and to contact their state Senators to request that they not override any veto.
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An (Updated) Employer’s Guide to March Madness
With the play-in games underway, March Madness has officially descended upon employers everywhere. An estimated 40 million Americans will fill out tournament brackets, and chances are all of them will be imperfect (1 in 120.2 billion to be exact, and that’s only if you know a little bit about basketball). During this time of the year, employers should keep in mind legal implications of any office bracket pools, and should plan to keep a closer eye on productivity given how much is typically lost in March. Whether employees are working from home or from the office, chances are they may use their work time to make picks. And when the tournament begins, you can be sure that many employees will be checking scores during their work time, if not actually watching the game. This post will serve as a helpful guide to employers on March Madness issues in the workplace, including gambling and lost productivity, and will provide helpful recommendations on how employers should navigate them.
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President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing
On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several of which have a direct employment impact – specifically on non-compete agreements, occupational licensing requirements, and wage-sharing activities between employers.
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New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)
In the midst of the COVID-19 pandemic, it was a tumultuous session for the Maryland General Assembly, whose 2021 session ended at midnight on Monday, April 12. Among the many bills that passed, there were a number of significance to employers, including protection for essential workers in a catastrophic public health emergency, bereavement leave, workplace peace orders, an extension of the time in which to file complaints of discrimination with the Maryland Commission on Civil Rights, modifications to the mass layoff law, and requirements for gender diversity on boards and in executive management in order to qualify for certain state benefits, among other things.
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More Guidance from the CDC on Workplace Vaccination Programs
As individuals beyond front-line healthcare workers are becoming eligible for the vaccine, the Centers for Disease Control and Prevention (CDC) has just released a toolkit for employers of essential workers, to join those that it previously released for medical centers/clinics/clinicians, and long-term care facilities. Although targeted for these specific employers, the resources provide information and resources that are applicable to employers generally.
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Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?
Following the shocking events of January 6, 2020, there have been many reports of individuals who have been terminated, suspended or resigned from employment as a consequence due to their involvement in the deadly storming of the Capitol building or their active support of President Trump’s “stolen election” narrative. But what exactly are the parameters of when an employer can take action against an employee for engaging in off-duty activities that an employer may find repugnant? We first blogged about this issue back in 2017, in light of the deadly white nationalist/supremacist rally in Charlottesville. But a refresher seems timely.
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Montgomery County’s Ban the Box Law Is Becoming More Restrictive
Effective February 19, 2021, Montgomery County’s Ban-the-Box law is becoming far more restrictive and will apply to all employers – not just those with 15 or more employees.
As employers with employees in Montgomery County, Maryland should know, Montgomery County had previously enacted a Ban-the-Box law that prohibited inquiries about an applicant’s arrest or conviction record until the end of the first interview. (The “Box” refers to the box, contained on many employment applications, that must be checked if the applicant has a criminal record.) This law has now been amended, with expansive new protections for applicants and employees of all Montgomery County employers.
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Maryland Bans Another Box from Employment Applications (and Discussions)
In Maryland, if your employment application includes criminal history questions, then you are not paying attention to Shawe Rosenthal’s electronic communications. As we advised in an E-Lert, “Ban the Box” (the little box asking about criminal history that applicants check off) became the law in Maryland effective February 29, 2020.
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Paycheck Protection Program Flexibility Act Implements Significant Revisions to the PPP
Today, the President signed the Paycheck Protection Program Flexibility Act of 2020 (“the Act”) into law, making key modifications to the Paycheck Protection Program.
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