District of Columbia Enacts Employment Protections for Marijuana Users

Randi Klein Hyatt
Randi Klein Hyatt
08/17/2022
The D.C. Mayor signed the Cannabis Employment Protections Amendment Act of 2022, which prohibits adverse employment actions against marijuana/cannabis users for most off-duty use, with certain exceptions.  Once the Congressional review period occurs, the law will become effective once its fiscal impact is included in an approved budget and financial plan, or 365 days after the Mayor approves the Act, whichever is later (so, at least a year from...
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Court of Appeals Holds that Maryland Law Does Not Implicitly Adopt Federal Portal-to-Portal Act

Vincent Jackson
Vincent Jackson
07/29/2022
Earlier this month, the Court of Appeals held that the federal Portal-to-Portal Act--which provides that time spent by workers traveling to and from work is not compensable--has not been implicitly adopted into Maryland law.  Put another way, Maryland law does not define “compensable work” to exclude travel time. At issue in the case--which was actually two separate cases consolidated for purposes of the appeal--was whether construction workers...
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MarylandSaves: A Private Employer Retirement Savings Program, Launches September 1, 2022

Jordan Dunham
Jordan Dunham
07/13/2022
Maryland employers need to be aware that, effective September 1, 2022, certain employers must set up a mandatory retirement program for employees. In 2016, the Maryland General Assembly passed House Bill 1378 creating the Maryland Small Business Retirement Savings Program and Trust, or “MarylandSaves” for short.  Initially planned to go into effect in 2020, but delayed due to the COVID-19 pandemic, the law creates an obligation on employers...
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Maryland General Assembly Passes Paid FMLA Law

Eric Paltell
Eric Paltell
04/04/2022
On March 31, the Maryland Senate approved the  “Time to Care Act,” which will provide paid family leave to employees of businesses with 15 or more employees. The bill now goes to Governor Hogan, where it may be vetoed. However, the General Assembly passed the law with enough time to override a veto, should the Governor choose to do so. The Time to Care Act offers employees 12 weeks of partially paid family leave each year to care for themselves...
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Maryland Poised To Increase Damages Caps For Discrimination Claims

The Maryland Fair Employment Practices Act (FEPA) is the state analog to federal anti-discrimination laws.   The law prohibits discrimination based on race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, and disability.  If an employer is found to have engaged in an unlawful employment practice under FEPA the remedies can include compensatory damages, back pay, injunctive...
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Montgomery Co. Employer Alert: Minimum Wage Increase Effective July 1

Bernadette Hunton
Bernadette Hunton
07/07/2021
On July 1, 2021, the following minimum wage increases took effect for Montgomery County, Maryland: EMPLOYER SIZE MINIMUM WAGE RATE Large Employer (51 or More Employees) $15 Mid-Sized Employer (11 to 50 Employees) $14 Small Employer (10 or Less Employees) $13.50 Employers doing business in Montgomery County that employ 1 or more employees in the County (not counting the business owners) are subject to the requirements of...
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Maryland’s Economic Stabilization Act (Mini-WARN Act) Changes Again

Jordan Dunham
Jordan Dunham
06/11/2021
As you may remember, Maryland made substantial changes to its mini-WARN Act, the Economic Stabilization Act, in 2020.  The major changes were outlined in our previous alert which can be found here.  The most substantial change in the 2020 Act was that it required covered employers to provide 60-days’ written notice prior to implementing a reduction in force or plant closing.  Previously, the notice procedures under the Maryland...
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2021 - New Maryland Employment Law Round-Up

Bernadette Hunton
Bernadette Hunton
06/04/2021
The State of Maryland has passed several new employment laws, with some set to take effect as soon as July 1, 2021.  Here is a rundown: SB364- Nondisparagement Clauses in Law Enforcement Civil Claims Settlements. Prohibits non-disparagement clauses in settlement agreements for claims alleging misconduct in the performance of duties by members of the police forces for certain higher education institutions in the State of Maryland. Claims must arise...
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Maryland General Assembly Passes the Maryland Essential Workers’ Protection Act, Bill Currently Awaits Governor Hogan’s Action

Last week, the Maryland General Assembly passed the Maryland Essential Workers’ Protection Act (“EWPA”) (HB 581).  The EWPA, formally titled Labor and Employment – Employment Standards During an Emergency (Maryland Essential Workers’ Protection Act) was passed as emergency legislation and will take effect on the date it is signed by the governor (or the date any veto is overridden, if applicable).   The EWPA solidifies how an essential...
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Md. General Assembly Approves Legislation Extending Time To File Charges of Discrimination And Expanding Reporting Requirements For Local Agencies

Bernadette Hunton
Bernadette Hunton
04/16/2021
The Maryland General Assembly has approved legislation aimed at expanding workplace discrimination rights and identifying trends in workplace discrimination complaints  to recommend changes in policy.  The bills, which now head to Governor Hogan for review, are summarized below. Employment Discrimination- Time For Filing Complaints HB290/SB455 amends Maryland’s Fair Employment Practices Act (FEPA) to extend the time period for filing a charge...
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