On December 15, 2023, the Maryland Department of Labor (“MDOL”) issued proposed regulations to implement the Maryland Economic Stabilization Act (“the Act”), which requires employers to provide notice of a mass layoff or a reduction in force in certain circumstances.  The proposed regulations are intended to provide guidance on how the MDOL plans to interpret obligations under the Act and enforce the Act, and the public is invited to provide comment on the proposed regulations before the MDOL issues final regulations. Continue Reading The Maryland Department of Labor Issues Proposed Maryland Economic Stabilization Act Regulations

In the COVID-19 recession, many employers made reductions in force en masse, thus avoiding selection decisions that might be challenged as discriminatory.  If the same employers recall or rehire employees en masse, they will continue to avoid such decisions.  But what if the employer’s need to recall or rehire is partial or gradual, such that some employees are brought back before others?  Such choices can give rise discrimination claims.  To protect itself, an employer will need to apply and document a non-discriminatory method of choosing among employees.
Continue Reading Selecting Employees for Recall or Rehire