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State Employment Law Articles
Article Index » maryland: 10 Most Recent Articles Report Link Amendments to Maryland Flexible Leave Act Take Effect Immediately.Jackson Lewis LLP - June 24, 2009 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. Report Link Maryland Enacts Law Targeting Employers Who Misclassify Workers as Independent Contractors.Jackson Lewis LLP - June 23, 2009 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. Report Link The Maryland General Assembly Amends and Clarifies Key Terms in the Maryland "Flexible" Leave Act and Other Maryland Developments.Littler Mendelson, P.C. - May 20, 2009 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. Report Link Maryland Imposes New Data Reporting Requirement on Employers.Jackson Lewis LLP - October 22, 2008 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. Report Link Maryland Flexible Leave Act Takes Effect, But Significant Ambiguities Create Pitfalls for Employers.Jackson Lewis LLP - October 09, 2008 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. Report Link "Flexible" Leave Act Complicates Paid Time Off Policies for Maryland Employers.Littler Mendelson, P.C. - October 02, 2008 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. Report Link Controversial Maryland Flexible Leave Act Becomes Law.Jackson Lewis LLP - June 12, 2008 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. Report Link Amended Maryland Wage Payment & Collection Law Helps Employers.Jackson Lewis LLP - May 14, 2008 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. Report Link Maryland Enacts New Law Limiting the Payment of Accrued Leave Upon Termination.Ogletree Deakins - April 30, 2008
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. Report Link Maryland County Council Amends Its Human Rights Code to Prohibit Gender Identity Discrimination in Workplace.Jackson Lewis LLP - January 17, 2008 Montgomery County, Maryland, has amended its Human Rights law to add "gender identity" to the list of categories that are protected from discrimination in employment, housing or public accommodation. As a result of this amendment to the Human Rights and Civil Liberties Chapter of the Montgomery County Code, employers will be prohibited from discriminating against employees or applicants for employment based on their gender identity.
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