Maryland Flexible Leave Act Expanded To Apply To Bereavement Leave

Garrett Wozniak
Garrett Wozniak
03/30/2021
The Maryland General Assembly has passed legislation expanding Maryland’s Flexible Leave Act (MFLA) to apply to bereavement leave.  The legislation now goes to Governor Hogan’s desk for signature. The MFLA has required that Maryland private sector employers with at least 15 employees who provide paid leave to their employees allow an employee to use earned paid leave to care for immediate family members (children, spouse, and parents) with an...
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Non-Competes To Become Non-Existent in D.C.

The Ban on Non-Compete Amendments Act of 2020 (the Act) is a sweeping piece of legislation that effectively bans the use of all non-compete agreements in the District of Columbia, regardless of income level.  Once effective, the Act will: Prohibit the use and enforcement of non-compete agreements for all employees working in D.C., with limited exception; Prohibit anti-moonlighting and other workplace policies that prohibit an employee from...
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Maryland DOL Urges Employers To Review Benefit Charge Statements For Fraudulent Activity

Bernadette Hunton
Bernadette Hunton
02/16/2021
According to a press release issued by the Maryland Department of Labor, states have seen a “significant spike” in fraudulent unemployment activity since passage of the Continued Assistance for Unemployed Workers Act.  Part of the stimulus package signed into law by President Trump on December 27, 2020, the Act extends pandemic unemployment relief measures through March 14, 2021, with certain modifications.  Key provisions include expansion...
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Employer Alert: The Maryland Essential Workers’ Protection Act

Garrett Wozniak
Garrett Wozniak
02/03/2021
After cutting short the 2020 legislative session because of the pandemic, the Maryland General Assembly has returned this January with confronting COVID-19 among its highest priorities.  One item employers should be keenly aware is the Maryland Essential Workers’ Protection Act, which would impose multiple new mandates on Maryland employers. The legislation, cross-filed as House Bill 481 and Senate Bill 486, is scheduled for a hearing in the...
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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?

Kollman & Saucier
Kollman & Saucier
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

Kollman & Saucier
Kollman & Saucier
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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