http://www.elinfonet.com/starticles/21 Articles discussing workplace law in Maryland. Sat, 21 Nov 2009 09:11:29 EST en-us http://www.elinfonet.com/newscount.php?stateID=2875 Article: 2875 Mon, 28 Sep 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On August 28, 2009, the Maryland Department of Labor, Licensing, and Regulation (DLLR) published its proposed regulations to implement the recently enacted Workplace Fraud Act of 2009 (the Act), which takes effect on October 1, 2009. While the Act and regulations currently affect primarily those employers in the construction and landscape industries, all Maryland employers should pay close attention because all employers are covered under the law for unemployment insurance (UI) purposes. The state's UI division investigates employee classification through both random and targeted audits and when a person claims UI benefits but is not listed as a covered employee. In addition, Governor Martin O'Malley has made it very clear that he hopes to target other industries as soon as possible. To further this goal, the governor has recently issued an Executive Order to create a task force to begin targeting employers in other industries that purportedly regularly misclassify employees as independent contractors. http://www.elinfonet.com/newscount.php?stateID=2757 Article: 2757 Wed, 24 Jun 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Under the Maryland Flexible Leave Act, employers with 15 or more employees must allow workers to use paid leave for the illness of an immediate family member. The law does not require employers to provide paid leave, only that employees be permitted to use any paid leave they have earned under their employers’ policies. The MFLA does not affect employer policies regarding how leave accrues, how often or how much, who is eligible, or the waiting periods for accrual of leave. New legislation, taking effect immediately, defines and clarifies several key terms and provisions in the MFLA. http://www.elinfonet.com/newscount.php?stateID=2755 Article: 2755 Tue, 23 Jun 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Maryland “Workplace Fraud Act of 2009” is intended to prevent employers in the construction and landscaping services industries from misclassifying workers as independent contractors rather than employees to avoid certain payroll and related costs (such as unemployment taxes and workers’ compensation premiums). In addition to establishing standards for determining whether an employer-employee relationship exists, the Act grants Maryland’s Commissioner of Labor and Industry broad investigatory and enforcement powers. http://www.elinfonet.com/newscount.php?stateID=2712 Article: 2712 Wed, 20 May 2009 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Based on concerns brought forth by the business community, the Maryland General Assembly overwhelmingly voted to revise and clarify key terms in the Maryland Flexible Leave Act (MFLA), which was originally signed into law on May 22, 2008. As an emergency measure, the amended Act became effective on May 19, 2009, the date on which the Governor signed it. The MFLA generally entitles employees to use any accrued personal paid leave for the illness of an immediate family member. http://www.elinfonet.com/newscount.php?stateID=2485 Article: 2485 Wed, 22 Oct 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The State of Maryland has amended the recordkeeping requirements it imposes on employers in the State to require that they record not only the wages and job classifications of employees, but also employees’ racial classifications and gender. The new amendments to the Labor and Employment Article of the Maryland Code are effective October 1, 2008. Employers must collect the data until December 31, 2013. http://www.elinfonet.com/newscount.php?stateID=2472 Article: 2472 Wed, 15 Oct 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On October 1, 2008, the Maryland Flexible Leave Act (MFLA) officially became law. At first glance, the MFLA seems fairly benign: Covered employers (those with fifteen or more employees) must now allow workers to use their paid leave for the illness of an immediate family member. The law does not require employers to provide paid leave; only that employees who have earned paid leave under the employer’s own policies may use that leave when a family member is ill. http://www.elinfonet.com/newscount.php?stateID=2459 Article: 2459 Thu, 02 Oct 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On October 1, 2008, the Maryland Flexible Leave Act (MFLA or "the Act") became effective. It entitles employees to use accrued personal paid leave provided by their employer to care for an ill family member. At its core, the Act expands workplace policies that permit employees to take sick or vacation days only for their own illnesses. http://www.elinfonet.com/newscount.php?stateID=2277 Article: 2277 Fri, 13 Jun 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Governor Martin O'Malley has signed the Maryland "Flexible Leave Act" into law. Effective October 1, 2008, Maryland businesses employing 15 or more employees must allow their employees to use any form of accrued leave with pay to care for an immediate family member who is ill. http://www.elinfonet.com/newscount.php?stateID=2224 Article: 2224 Wed, 14 May 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Maryland Governor Martin O'Malley signed into law emergency legislation amending the Maryland Wage Payment and Collection Law, Md. Code Lab. & Empl. §§ 3-504 & 3-505, on April 24, 2008, to provide employers with a safe harbor against the requirement that they pay out accrued paid leave upon termination of employment. Under the new law, an employer's written vacation pay or other paid leave policy will govern whether the employer is required to pay out unused accrued leave upon termination of employment. The amendment is retroactive and covers employees whose employment terminated after November 1, 2007. http://www.elinfonet.com/newscount.php?stateID=2211 Article: 2211 Mon, 05 May 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Maryland recently amended its Wage Payment and Collection Law, Md. Code §§ 3-501et seq., in a manner that affords employers a powerful statutory defense to employee lawsuits for monetary compensation and/or trebled damages for not compensating a departing employee on termination for accrued unused leave. As amended, the Maryland law now provides that an employer's written leave policy will dictate whether or not the employee is entitled upon termination to recover accrued unused leave provided the leave policy was communicated to a new employee at the time of hire. It provides no shield to employers that do not have a written policy that limits compensation for accrued leave to a terminated employee.