Articles Discussing General Topics In Maryland Labor & Employment Law.

Maryland has joined a growing number of jurisdictions by enacting a “ban-the-box” law prohibiting employers from asking job applicants about their criminal history on the initial job application. The new Maryland law, the Criminal Record Screening Practices Act, will take effect on February 29, 2020.

During the 2019 legislative session, Governor Larry Hogan vetoed the Criminal Records Screening (or “Ban-the-Box”) Act. On January 30, 2020, however, the Maryland General Assembly overrode the governor’s veto, making it unlawful for any employer in the State of Maryland with 15 or more employees to inquire into an applicant’s criminal history before the employer conducts its first in-person interview. The law takes effect on February 29, 2020. Importantly, the law does not preempt the more restrictive ban-the-box ordinances enacted in Montgomery County, Prince George’s County, and Baltimore City.

In response to trends, heightened public awareness, and a string of large-scale data breaches, states continue to enhance their data breach notification laws. In 2017 Maryland amended its Personal Information Protection Act (PIPA) with expansion of the definition of personal information, modification of the definition of “breach of the security of the system”, establishing a 45-day timeframe for notification and expansion of the class of information subject to Maryland’s data destruction laws. Now, Maryland has again amended PIPA, with HB 1154 in effect from October 1, 2019, notably enhancing the requirements for a business once it becomes aware of a data security breach.

October in Maryland is a time of ripening pumpkins and falling leaves. October 1 is also the date when many (but not all) laws passed by the Maryland General Assembly go into effect. This year’s batch of new employment laws contains a couple of “tricks” for employers and “treats” for employees and the plaintiff’s bar who represent them.

New Maryland laws governing the workplace will take effect on October 1, 2019.

Maryland has become the sixth state in the nation to adopt a minimum wage of $15.00 per hour. The state’s Democratic-controlled legislature overrode Republican Governor Larry Hogan’s veto on March 28, 2019. The current minimum wage in Maryland is $10.10 per hour.

Maryland joined the parade of states raising the minimum wage to the magic number of $15 per hour when the state legislature voted to override the veto of Governor Larry Hogan on March 28, 2019. The minimum wage for employers with 15 or more employees will increase annually commencing January 1, 2020 until it reaches the $15 per hour level on January 1, 2025. The minimum wage for smaller employers will increase annually at a slower pace, and reach $15 on July 1, 2026. The initial increase for all employers effective January 1, 2020 raises the minimum wage to $11 per hour from the current $10.10.

The minimum wage in Maryland is increasing from $10.10 to $15 per hour. The Maryland General Assembly approved legislation for the raise.

The minimum wage in Maryland is increasing from $10.10 to $15 per hour, approved by the Maryland House of Delegates.

Joe Tarpine, a Baltimore partner in Goldberg Segalla’s Workers’ Compensation Practice Group, discusses Maryland’s approach to medical and recreational marijuana. Joe addresses how federal marijuana laws are creating conflict and uncertainty. He also covers Maryland’s medical marijuana regulations and what insurance carriers should consider when handling claims that involve medical

Maryland’s “Disclosing Sexual Harassment in the Workplace Act of 2018” takes effect on October 1, 2018. The Act prohibits certain waivers related to an employee’s future sexual harassment claims and future retaliation claims for making a sexual harassment claim. It also requires employers with at least 50 employees to complete a survey disclosing the number of sexual harassment settlements in which the employer has entered.

The Maryland Healthy Working Families Act — which establishes mandatory sick leave in Maryland — takes effect on February 11, 2018. Although the act had been vetoed by Governor Hogan in 2017, the Maryland Senate and House of Delegates successfully voted to override the veto earlier this year.

On January 12, 2018, the Maryland legislature overrode Governor Larry Hogan’s (R) 2017 veto of the Healthy Working Families Act, Maryland HB 1 (“the Act”), enacting legislation that requires Maryland businesses to provide covered employees with sick and safe leave. The Act says it preempts local sick and safe leave laws that were enacted on or after January 1, 2017, which may include the Prince George’s County law.1 However, Montgomery County’s law will remain in effect.2 The Act is scheduled to become effective on February 11, 2018.

Certain Maryland employers must begin offering paid sick and safe leave to their employees under the Maryland Healthy Working Families Act beginning February 12, 2018.

On October 1, 2016, Montgomery County’s Earned Sick and Safe Leave law became effective. This law allows all employees, with few exceptions, that work in Montgomery County, Maryland, to accrue paid and/or unpaid sick and safe leave, depending on the size of their employer, to use for their own illness, an illness of a family member and (originally) five other specific reasons. Since its passage the Montgomery County Council has amended the law once and is considering a further amendment.