• Employment Legislation Scorecard: Maryland General Assembly 2017
  • June 9, 2017 | Author: Marc R. Engel
  • Law Firm: Lerch, Early & Brewer, Chartered - Bethesda Office
  • The Maryland General Assembly just completed a very busy legislative session where it considered a number of employment related laws. Below is a summary of 14 bills and a scorecard indicating whether the proposed employment-related legislation was successful.

    1. HB001/ SB0230 - Labor and Employment – Maryland Healthy Working Families Act.
    For the purpose of requiring certain employers to provide employees with certain earned sick and safe leave. Result: PASSED

    2. SB0305 Commonsense Paid Leave Act (Governor Hogan’s bill)
    Requiring specified employers to provide employees with specified paid time off; providing that specified employers are eligible for a specified tax subtraction modification under specified circumstances. Result: FAILED

    3. SB0317 / HB0394 - More Jobs for Marylanders Act of 2017
    Establishing the More Jobs for Marylanders Program within the Department of Commerce; requiring the Department to administer the Program; providing that specified business entities certified to participate in the Program are exempt from specified fees and the sales tax imposed on specified purchases; allowing, under specified circumstances, specified business entities a credit against the State income and property taxes; exempting specified business entities from specified expensing and deprecation subtraction modifications. Result: PASSED

    4. HB0317 - Labor and Employment - Wages and Benefits - Preemption of Local Authority
    Limiting the authority of the Commissioner of Labor and Industry to enforce a local minimum wage law; prohibiting a county or municipality from enacting a law that regulates wages or benefits for employees other than employees of the county or municipality. Result: FAILED

    5. HB0398 / (SB0404) - Labor and Employment - Equal Pay - Job Announcement and Salary History Information Disclosures
    Requiring employers with 15 or more employees to include specified information in a job announcement to recruit an employee or independent contractor to fill a position within the employer's organization; prohibiting specified employers from paying less than the minimum rate of pay included in a specified job announcement to a specified employee; prohibiting specified employers from seeking salary history information for an employee by specified methods; etc. Result: FAILED

    6. SB0468 / (HB0506) - Labor and Employment - Noncompete and Conflict of Interest Clauses
    Providing that specified noncompete and conflict of interest provisions that restrict the ability of an employee to enter into employment with a new employer or to become self-employed in the same or similar business or trade are null and void as being against the public policy of the State. Result: FAILED

    7. HB0665 / SB0607 - Labor and Employment - Exemptions From Overtime Pay - Administrative, Executive, or Professional Capacity
    Altering the conditions under which an individual who works in a specified administrative, executive, or professional capacity qualifies for an exemption from overtime pay; requiring that individuals be compensated on a salary basis at a specified rate or amount to qualify as an individual who is employed in an administrative, executive, or professional capacity; etc. Result: FAILED

    8. SB0962 / HB1416 - Labor and Employment - Payment of Minimum Wage Required (Fight for Fifteen)
    Specifying the State minimum wage rate in effect for specified time periods based on employer size; increasing, except under specified circumstances, the State minimum wage rate based on the annual growth in the Consumer Price Index for All Urban Consumers for the Washington-Baltimore metropolitan area. Result: FAILED

    9. HB1143 - Maryland Pay Stub Transparency Act of 2017
    Altering the information that employers are required to give employees within 30 days after the first date of employment and for each pay period; requiring employers to provide employees with an explanation of how wages were calculated; and authorizing employees to collect $100 in liquidated damages for each pay period that the employer failed to meet specified requirements, not to exceed $2,500. Result: FAILED

    10. HB1146 - Labor and Employment - General Contractor Liability for Nonpayment of Wages
    Providing that general contractors are jointly and severally liable for violations of the wage payment and collection law by their subcontractors and the subcontractors' subcontractors. Result: FAILED

    11. HB1614 /(SB1116) - Maryland Fair Scheduling, Wages, and Benefits Act
    Requiring a specified employer to provide specified employees with specified estimates and work schedules within specified time periods and notify employees of specified changes to specified schedules; authorizing an employer to make specified changes to a scheduled shift within a specified period of time; requiring an employer, except under specified circumstances, to pay specified predictability pay under specified circumstances; providing that the predictability pay is in addition to specified other pay; etc. Result: FAILED

    12. HB1615 / (SB1145) - Maryland Fair Scheduling Act
    Requiring a specified employer, except under specified circumstances, to pay specified employees at a specified rate for specified shifts; providing that a shift trade includes when the employer transmits the shift trade offer under specified circumstances; providing that an employee has the right to decline work hours that occur during the 11 hours following the end of a shift; requiring an employer to pay one-and-a-half times the employee's regular rate for any hours worked during the 11 hours following the previous shift; etc. Result: FAILED

    13. SB1192 - Labor and Employment - Unemployment Insurance - Independent Contractors and Severance Pay
    Specifying factors that must be evidenced in order for the Secretary of Labor, Licensing, and Regulation to be satisfied that the work that an individual performs under a specified contract is not covered employment for purposes of the unemployment insurance law; and providing for the application of specified provisions of law governing the effect of dismissal payments or wages in lieu of notice on unemployment benefits. Result: FAILED

    14. HB1659 - Employment Discrimination - Sexual Harassment - Definition of Employer

    Altering the definition of "employer" for purposes of a complaint alleging sexual harassment by reducing from 15 to 1 the minimum number of employees an employer has; and providing that the Act preempts or prevails over specified local laws that require that an employer have more than one employee for purposes of a complaint alleging employment discrimination based on sexual harassment. Result: FAILED