Reminder: Maryland Minimum Wage Increases January 1, 2020

Kollman & Saucier
Kollman & Saucier
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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Noncompliant Employers Now Subject to Penalties Under D.C.’s Commuter Benefits Law

Kollman & Saucier
Kollman & Saucier
11/15/2019
Employers covered by Washington, D.C.’s commuter benefits law now may face penalties unless they provide at least one transportation benefit program to covered employees.  The law, which was passed in 2014, went through additional rulemaking procedures with a final rule being published on August 16, 2019.  The rule became effective 90 days later on November 14, 2019.  Some of the details are as follows: The law currently covers...
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Maryland's New Workplace Laws, Including Significant Changes To Maryland's Anti-Discrimination Law

As of October 1, 2019, there are a series of new laws and/or amendments to existing laws that impact Maryland's workplaces and employers.  These include: Significant FEPA Amendments:  Maryland's anti-discrimination law, the Fair Employment Practices Act (FEPA), now includes independent contractors within the definition of employee entitled to FEPA's protections.  Further, while FEPA generally applies to Maryland employers who have at least...
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Laws Proposed To Protect Marijuana Users At Work

Kollman & Saucier
Kollman & Saucier
07/19/2019
I’ve bloggedin the past about ways in which Maryland’s medical cannabis law is unclear or leaves questions unanswered when it comes to employee rights under that law.  So I thought it apropos to blog here about two bills (SB863 and SB864) introduced earlier this year that aim to clarify some of the questions and expand the protections of workers who use marijuana. Screening for Use of Marijuana or Cannabis (SB863) This law seeks to...
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New York Bans Race Discrimination Based on Hairstyle

Kollman & Saucier
Kollman & Saucier
07/18/2019
New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law.  Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, hair texture and protective hairstyles.”  This includes, but is not limited to,...
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Home Offices and Workers’ Compensation

Clifford Geiger
Clifford Geiger
07/12/2019
When does an employee’s home qualify as a work site for purposes of Maryland’s Workers’ Compensation Act?  That was the question of first impression the Maryland Court of Special Appeals (COSA) considered in Schwan Food Co. v. Frederick, decided last month.  Given the proliferation of technology that permits employees to work for anyone, from anywhere, at any time, it is a little surprising it took this long for an appellate court to take up...
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Maryland’s Equal Pay Law: Are You In Compliance?

Watching the U.S. Women’s National Team play in and win the World Cup this past weekend took me right back to my own days of competitive girls’ soccer.  But nostalgia wasn’t the only thing that came to mind as the win brought additional attention to the Team’s recent lawsuit for equal pay.  That lawsuit, filed in March, generally alleges that the players on the Women’s National Team (“WNT”) are paid less than the players on...
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State Of Maryland Cannot Be Sued In Federal Court For State Law Discrimination Claims

The Fourth Circuit Court of Appeals concluded that Maryland's employment discrimination statute (FEPA), Md. Code Ann., St. Gov't § 20-601 et seq., does not waive the State's immunity to be sued in federal court under that law for alleged employment discrimination, harassment and/or retaliation.  In Pense v. Maryland Dept' of Public Safety and Correctional Services, No. 18-1554 (4th Cir. June 11, 2019), the appellate court concluded that the State...
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Vaping and E-Cigarette Use Increasingly Included In "No Smoking" In The Workplace Bans

Kollman & Saucier
Kollman & Saucier
06/11/2019
In the past three months, four states [Florida, New Mexico, South Dakota and Minnesota] have put in place no vaping laws for most indoor workplaces.  Wisconsin may become the fifth, with a bill introduced last month that seeks to expand its no workplace smoking ban to include vaping and e-cigarettes.  Thus far, 17 states have general workplace bans on vaping and e-cigarettes, including our neighbors D.C. and Delaware.  Maryland presently does not...
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Maryland General Assembly Passes Several New Workplace Bills

Kollman & Saucier
Kollman & Saucier
04/18/2019
I recently wrote about Organ Donation Leave (HB1284/SB705), a bill likely to make job-protected organ donation leave a benefit to which Maryland employees are entitled.  Other bills that expand protections for employees were approved during the 2019 General Assembly session, and if they become law as anticipated, will have a significant impact on businesses.  Here’s a look at the highlights: Workplace Harassment (HB679/SB782). The legislation...
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