Maryland "Facebook Law" Raises New Obstacles for Employers and Other Significant Maryland Developments
Maryland has become the first state to pass a bill, the User Name and Password Privacy Protection Act (SB 433/HB 964) (the "Act"), that bans employers from asking employees and applicants for social media passwords and login information. Specifically, the bill would prohibit an employer from taking or threatening any form of adverse action based on an employee’s or applicant’s refusal to provide a user name or password to a personal account accessed through a communications device. Governor Martin O’Malley likely will sign the bill into law in May 2012.
Maryland Prohibits Employers from Requiring Employees' Social Media Passwords
Executive Summary: Employers who require employees or applicants to disclose their social media passwords (whether as part of a background check or for other reasons) may want to reconsider that practice in light of a law just passed by the Maryland legislature, which prohibits such requirements.
Maryland to Ban Employers from Asking Employees, Applicants for Social Media Passwords
Under a bill passed by both houses of the Maryland General Assembly, employers in Maryland would be prohibited from demanding from employees and job applicants the usernames, passwords or other means to access personal accounts or service through an electronic communication device (e.g., computer and phone) for social media sites such as Facebook and LinkedIn. The bill, S.B. 433, introduced by Senator Ronald Young, passed unanimously in the Senate and by a vote of 128-10 in the House. It is awaiting the signature of Governor Martin O’Malley. It would become effective October 1, 2012.
Maryland Law Makes It Unlawful to Demand Facebook Password
The debate over the cyber-screening continues. It's big news these days that employers have been asking candidates for their Facebook log-in and passwords. The purpose? These employers claim that they want to screen potential candidates and what better way to find out the real deal with a potential new hire than see what the candidate posts on his or her Facebook page? Well, it's an idea. The trick, though, is that most candidates are smart enough to restrict access to their social-networking sites.
Fourth Circuit Finds Maryland's Wage Payment and Collection Law Not A Fundamental Public Policy
On December 23, 2011, the U.S. Court of Appeals for the Fourth Circuit in Kunda v. C.R. Bard, Inc. held that employers in Maryland may have their employees execute employment agreements with a choice of law provision other than Maryland, so long as the other jurisdiction has a “substantial relationship†to the parties and the application of the law would not be contrary to a fundamental Maryland public policy. This case settles the issue, at least for now, of whether an employee who works in Maryland has a fundamental right to sue for wages under the Maryland Wage Payment and Collection Law (“MWPCLâ€) – generally a law favorable to employees.
What Approaching Limitations on Use of Credit Reports Mean for Maryland Employers
In a dramatic change for Maryland employers, the state’s new Job Applicant Fairness Act will significantly limit their use of an individual’s credit history report for hiring and making other employment-related decisions. No previous state restrictions existed on employers’ obtaining and using this information. The Act was signed by the Governor on April 12 and will become effective on October 1, 2011.
What Approaching Limitations on Use of Credit Reports Mean for Maryland Employers
In a dramatic change for Maryland employers, the state’s new Job Applicant Fairness Act will significantly limit their use of an individual’s credit history report for hiring and making other employment-related decisions. No previous state restrictions existed on employers’ obtaining and using this information. The Act was signed by the Governor on April 12 and will become effective on October 1, 2011.
Legislation Roundup: Maryland Law Restricts Use of Applicant's or Employee's Credit Report or Credit History
On April 12, 2011, Maryland's Governor approved the Job Applicant Fairness Act,1 the latest state law to regulate the use of credit history-related information by employers for employment purposes. The Act, which takes take effect on October 1, 2011, applies to all employers with some exceptions outlined below. The new law restricts the use of credit reports and credit history information by covered employers unless certain specified conditions are satisfied. Civil penalties may be assessed by the Commissioner of Labor and Industry. Four other states have enacted similar laws: Hawaii, Washington, Oregon, and Illinois.
Breaks Required under Maryland’s “Healthy Retail Employee Act,†Effective March 1
Under Maryland’s Healthy Retail Employee Act, Maryland employers who operate “retail establishments†must provide non-exempt retail employees with break periods based on the length of the shifts the employees work. Employers in violation of the Act will face a fine.
Maryland Enacts "The Healthy Retail Employee Act" and Amends Its Wage Payment and Collection Law.
Effective March 1, 2011, retailers who conduct business in Maryland must provide their employees with mandatory shift breaks or be subject to substantial fines of up to $300 per employee for a first offense. The Healthy Retail Employee Act (the "Act"), was signed into law by Governor Martin O'Malley on May 20, 2010. The Act applies to retail establishments with 50 or more retail employees. For purposes of the Act, a retail establishment is defined as a "place or business with the primary purpose of selling goods to a consumer who is present at the place of business at the time of sale." Notably, the Act is similar to the shift break bill the Maryland General Assembly unsuccessfully attempted to enact last year, which would have targeted most employers with 50 or more employees, regardless of the industry. As such, it appears likely that the General Assembly will attempt to expand the reach of the Act in the future.
