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Drug-Free Workplaces In The Era Of Medical And/or Legal Marijuana Use

Kollman & Saucier
Kollman & Saucier
08/04/2014
Employment Discrimination, Legislative Developments, Medical/Legal Marijuana
An employee with terminal illness or severe pain obtains medical marijuana from a licensed dispensary.  His or her employer, however, maintains a drug-free workplace policy that provides for employee drug testing. What can an employer do under these circumstances?  This post is designed to provide a basic snapshot of the current state of the law, and the prominent issues that employers face.  As detailed below, employers are generally blanketed...
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Maryland Governor O’Malley Signs Transgender Protection Bill into Law

Darrell VanDeusen
Darrell VanDeusen
05/22/2014
Legislative Developments, State Law
On Thursday, May 15, 2014, Governor O’Malley signed into law the “Fairness for All Marylanders Act of 2014,” adding gender identity and expression to the list of protected classifications under Maryland law. Maryland joins 17 other states, the District of Columbia, and Puerto Rico in providing this protection. The law takes effect on October 1, 2014 and prohibits discrimination in employment, housing and public accommodation. Enforcement will...
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Baltimore City Council Passes "Ban the Box" Law

Kollman & Saucier
Kollman & Saucier
04/29/2014
Legislative Developments, State Law
The “Ban the Box” ordinance passed by the Baltimore City Council (over the vehement protests of  the City's business community)  on Monday, April 28 (“the Bill”) is expected to be signed into law by Mayor Stephanie Rawlings-Blake.  The Bill will become effective 90 days after it is signed by the Mayor and will affect the hiring practices of many employers.  If enacted, Baltimore City will join about 60 other localities nationwide with...
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Breaking News - Gender Identity Protection Likely in Maryland

Darrell VanDeusen
Darrell VanDeusen
03/29/2014
Legislative Developments, State Law
On March 27, the Maryland House of Delegates, 82-57, passed a bill banning discrimination on the basis of gender identity. The same bill passed the state Senate earlier this month, 32-15. Governor O’Malley has stated he will sign it into law. Once signed, it is likely the law will take effect October 1, 2014. Maryland will join 17 other states and D.C. in adding Gender Identity as a protected class to anti-discrimination laws. Senate Bill 212 is...
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Sexual Orientation One Step Closer To Becoming A Federally Protected Status

Kollman & Saucier
Kollman & Saucier
11/08/2013
Employment Discrimination, Legislative Developments
On November 7, 2013, the Senate voted in favor of the Employment Non-Discrimination Act (ENDA), with a bipartisan vote of 64-32.  The ENDA would prohibit employment discrimination on the basis of sexual orientation.  The ENDA, however, is unlikely to have the same success in the Republican-controlled House of Representatives, where House Speaker John Boehner has voiced his opposition to the bill. The Senate last voted on legislation prohibiting...
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Maryland Employers Required To Provide “Light Duty” And Other Reasonable Accommodations For Pregnant Temporarily Disabled Employees

Kollman & Saucier
Kollman & Saucier
05/23/2013
Disability & Leave, Legislative Developments, Pregnancy Discrimination, Reasonable Accommodations/Undue Burden, State Law
One of the biggest changes coming to Maryland employers with 15 or more employees will last more than 9 months.   Governor Martin O’Malley signed into law the requirement that employers provide to pregnant employees certain reasonable accommodations beyond those presently required by the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).  Under the Reasonable Accommodations for Disabilities Due to Pregnancy Act,...
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Maryland Governor Signs New Law to Enforce Wage Claims

Kollman & Saucier
Kollman & Saucier
05/21/2013
Legal Developments, Legislative Developments, State Law, Wage & Hour
Last week, Maryland Gov. O'Malley signed into law the "Lien for Unpaid Wages Act." This new law, SB 758, allows employees to file a lien against their employer’s real or personal property for unpaid wages allegedly due them. Once the employee files a lien, the employer must file a complaint setting forth its defenses in the Circuit Court where the employer's property is located within 30 days. If the employer fails to do so, the employee will have...
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Unions, Gangs and Prison Scandals

Kollman & Saucier
Kollman & Saucier
05/07/2013
Labor Law, Legislative Developments, Public Sector Employment Law, Union Activity
Over the past two weeks, we have heard a lot about the scandal at the Baltimore City Detention Center, where guards allegedly conspired with members of a notorious prison gang to traffic drugs, cell phones, and sexual favors. In case you missed this, the leader of the gang (the  Black Guerilla Family) fathered five children with four female prison guards and was heard telling an acquaintance in a wiretapped call “This is my jail …. I make every...
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Sick Pay Law Reintroduced

Kollman & Saucier
Kollman & Saucier
04/16/2013
Legislative Developments
Citing the lack of paid sick days for workers, and the associated costs of sick workers showing up for work, Senator Tom Harkin (D–Iowa) and Representative Rosa DeLauro (D–Connecticut) on March 20, 2013 reintroduced the Healthy Families Act (Sen. 631 and H.R. 1286).   The bill would allow workers to accumulate up to 56 hours of paid sick time to be used when they or family members were ill.  The bill was first introduced in 2004. Affecting...
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Proposed Maryland Legislation Would Eliminate Non-Compete Obligations For The Unemployed!

Kollman & Saucier
Kollman & Saucier
12/31/2012
Employment Contracts, Legislative Developments, State Law, Unemployment Insurance
It may not be as ominous as the Fiscal Cliff, but Maryland employers should take heed: there is legislation proposed for the upcoming General Assembly session that would render inapplicable a valid non-competition agreement between an individual and his or her prior employer under certain circumstances.  Senate Bill 51, which would amend the Labor and Employment Article of the Maryland Annotated Code, provides that if any individual applies for and...
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