California Voters Declare Gig Economy Drivers Are Independent Contractors

Kollman & Saucier
Kollman & Saucier
11/04/2020
In a reversal of fortune for gig economy workers in California, voters in that state said ‘yes’ to Proposition 22,  which classifies app-based transportation and delivery drivers as independent contractors.  Proposition 22 was put on the ballot in response to a California law, AB5, which required gig companies like Uber and Lyft to treat drivers as employees and provide them protections like unemployment insurance, healthcare, breaks,  and...
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D.C. Laws To Take Effect on Workplace Postings and Notices, and Sexual Harassment Training and Reporting

Before we get into the new requirements, some legislative history is warranted.  In 2018, the District of Columbia passed the Tipped Wage Workers Fairness Amendment Act, designed to, among other things, repeal an initiative that would have eliminated the tip credit system in D.C.  That 2018 law mandated local government funding before several provisions of the statute could be implemented that include the postings and sexual harassment training...
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Maryland’s Mini-WARN Act: Will You Be In Compliance?

Andrea Murphy
Andrea Murphy
09/10/2020
Earlier this week, I blogged about several employment laws scheduled to take effect October 1.  Among them is HB1018/SB0780, which significantly changes the State’s Economic Stabilization Act, Maryland’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act.  For readers who are unfamiliar with the Economic Stabilization Act (the Act), it applies to businesses employing 50 or more individuals and doing business in...
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Heads Up: New Maryland Employment Laws Take Effect October 1

Andrea Murphy
Andrea Murphy
09/08/2020
I hope everyone had an enjoyable and safe Labor Day weekend.  For many of us, it’s back to work.  And on that note, here is a rundown of several Maryland labor and employment laws set to go into effect October 1. Wage and Salary History Inquiries -- Employers will soon be prohibited from seeking an applicant’s wage history through an employee or agent or from a current or former employee, or relying on wage history, when screening or...
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California Judge Rules that Rideshare Drivers Should be Considered Employees

Vincent Jackson
Vincent Jackson
08/18/2020
In the ongoing battle over the classification of gig workers, a California state court judge recently ruled in favor of workers being classified as employees, as opposed to independent contractors.  The California Attorney General had filed suit against Uber and Lyft in the Superior Court of California, County of San Francisco, seeking an injunction that would force the two rideshare companies to classify its drivers as employees.  The...
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Maryland Passes Mini-WARN Act Effective October 1, 2020

Kollman & Saucier
Kollman & Saucier
05/09/2020
Maryland employers wrestling  with the onerous challenges posed by the COVID-19 crisis, will soon have a new legal obligation to meet when reducing their workforces.  Effective October 1, 2020, the Economic Stabilization Act will require employers to provide employees 60 days written notice of a reduction in operations that will result in lay-offs or terminations. The new law  requires the Secretary of the Department of Labor,...
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A Non-COVID 19 Blogpost

Garrett Wozniak
Garrett Wozniak
03/21/2020
Most attention in recent days, justifiably so, has been on responses to the coronavirus.  While employers are navigating the business, health, and safety issues raised by the pandemic, they should not lose sight of changes to Maryland’s employment laws that the General Assembly passed in concluding the recent, abbreviated legislative session. Here is a summary of employment-related legislation that is headed to the Governor. HB 14 - Equal...
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Maryland Legislature Considering New Payroll Tax To Fund Family and Medical Leave

We wrote earlier this week about some of the bills working their way through the legislative process in Annapolis.  An item worthy of its own post is legislation that would create a Family and Medical Leave Insurance Program to provide wage replacement for employees taking leave from work: to care for a child during the first year after the child’s birth or after the placement of the child through foster care, kinship care, or adoption; ...
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Pending Legislation In Annapolis That May Affect Your Business

Garrett Wozniak
Garrett Wozniak
02/19/2020
The General Assembly is in full swing in Annapolis.  Here is a summary of just some of the legislation impacting employers and employees.  HB 123 / SB 217 - Wage History and Wage Range would require employers to provide the wage range of the position for which an applicant has applied if requested by the applicant.  The legislation also prohibits retaliation against applicants who do not provide wage history or seek the wage range for...
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Reminder: Maryland Minimum Wage Increases January 1, 2020

Randi Klein Hyatt
Randi Klein Hyatt
12/31/2019
As we blogged about earlier this year, the General Assembly voted to override Governor Hogan's veto of legislation increasing the minimum wage.  This means the minimum wage in Maryland will increase to $15 per hour by 2025 for employers with 15 or more employees (and by 2026 for employers with less than 15 employees).  The increase is gradual, and tomorrow, January 1, 2020, the first increase will occur when the minimum wage will move to...
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