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The New Jersey Law Legalizing Recreational Marijuana Use Does Not Permit Workers To Sue Their Employers For Job Discrimination

Clifford Geiger
Clifford Geiger
06/01/2023
Drug Testing, Medical/Legal Marijuana, State Law
In January 2022, Eric Zanetich applied for a job in Walmart’s Asset Protection Department.  He was offered the job subject to submitting to and passing a drug test.  Zanetich alleged that Walmart’s Drug & Alcohol Policy stated, “any applicant or associate who tests positive for illegal drug use may be ineligible for employment.”  Zanetich took a drug test.  He tested positive for marijuana, and the job offer was rescinded. Zanetich...
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New Hampshire and Virginia Provide Voluntary Paid Family Leave

Mathew Moldawer
Mathew Moldawer
05/16/2023
Paid Leave, State Law
At the time of this article, California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Virginia, and Washington have paid family leave laws in the books.  Colorado, Delaware, Maryland, and Oregon have paid family leave laws that are to take effect in the upcoming years. These plans all contain their own idiosyncrasies. Some, such as Connecticut, New Jersey, New York, and Rhode Island are...
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Maryland Minimum Wage To Increase to $15/Hour On January 1, 2024

Garrett Wozniak
Garrett Wozniak
04/27/2023
Legislative Developments, Restrictive Covenants, State Law, Wage & Hour
The legislature has updated the scheduled increases to the State’s minimum wage.  For small employers (those with fewer than 15 employees), the State minimum wage is $12.80 per hour as of January 1, 2023.  For employers with 15 or more employees, the State minimum wage is $13.25 per hour as of January 1, 2023. The minimum wage rate will increase to $15 per hour on January 1, 2024 for all employers, regardless of size. The legislature also...
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An Eye to the Future and a Finger on the Pulse of Technology - Biometric Data Regulations

Mathew Moldawer
Mathew Moldawer
03/28/2023
Biometric Data, State Law
The Maryland legislature introduced House Bill 33: Biometric Data Privacy Act (the Act).   The Act defines “Biometric data” as data generated by automatic measurements of the biological characteristics of an individual, such as a fingerprint, a voiceprint, an eye retina, an eye iris, or any other unique biological patterns or characteristics, that is used to identify a specific individual. Not included is a physical or digital photograph, a...
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Is This a Thing Now? Mandatory Universal Paid Time Off.

Jordan Dunham
Jordan Dunham
03/14/2023
Paid Leave, State Law
On Monday, March 13, 2023, Illinois’ governor J.B. Pritzker signed into law the Paid Leave for All Workers Act.  With his signature, Illinois joins Nevada and Maine as states that require employers to provide mandatory universal paid time off.  Illinois’ law becomes effective January 1, 2024. This is an interesting turn of the tide from even 10 years ago where mandatory sick leave was a fringe idea.  The first state to enact a private sector...
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Maryland Considering Tax Breaks for Four-Day Workweeks

Kollman & Saucier
Kollman & Saucier
02/13/2023
Legislative Developments, State Law
The Maryland General Assembly is considering legislation that would make the Free State the first in the nation to give employers tax incentives to give their employees more free time. The proposal would offer employers with 30 or more employees tax incentives if they tested a four-day workweek schedule and allowed the state Department of Labor to research the impact of the change through employee surveys, interviews and "other information...
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District of Columbia Enacts Employment Protections for Marijuana Users

Randi Klein Hyatt
Randi Klein Hyatt
08/17/2022
Drug Testing, Medical/Legal Marijuana, State Law
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
State Law, Wage & Hour
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
Employee Benefits, State Law
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

Kollman & Saucier
Kollman & Saucier
04/04/2022
FMLA, Legislative Developments, State Law
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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