We are just past halfway through the 2024 session of the Maryland General Assembly. Here are some bills that have the potential to affect your business if they successively make their long journey to Governor Moore’s desk.
SB0957/HB1255: Automated Employment Decisions Tools would prohibit the use of “high-risk” screening tools in making employment decisions. The bill defines a “high-risk” took as one whose use is likely to result in illegal discrimination or an unlawful disparate impact. However, the bill would permit the use of automated screening tools if they have been checked for, and cleared of, impermissible “high-risk” impacts within a year prior. The bill also creates a progressive fine for violations.
HB0602: Employment Discrimination—Sexual Orientation would explicitly prohibit employers from “providing less favorable employment opportunities” or paying an employee a lesser wage because of their sexual orientation. Currently the protected characteristics under this section are sex and gender identity.
HB0604: Families Serve Act of 2024 would allow for employers to provide preferential hiring and promotion treatment to the spouses of full-time activity duty military members.
HB0598/SB0413: Discrimination—Military Status—Prohibition would add military status to the list of characteristics that employers are prohibited from discriminating based upon when making employment decisions. Currently, under Maryland law, employers are prohibited from discriminating because of a person’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, and disability.
SB0038/HB0358: Pay Stubs and Pay Statements—Required Information requires an employee’s paystub to include the following information:
(1) The employer’s name;
(2) The dates of work covered by the pay period;
(3) The number of hours worked during the pay period (unless the employee is exempt from overtime under federal and state law);
(4) The rates of pay;
(5) The gross and net pay earned during the pay period;
(6) The amount and purpose of all deductions; and,
(7) A description of the information used by the employer to calculate gross and net pay.
HB0136/SB0233: Employer Adverse Actions—Prohibition would make it illegal to retaliate against an employee who has made a complaint or communicated that they intend to make a complaint to the employer, commissioner, or any other person. The bill applies to complaints or threats of complaints made under the following Maryland laws: equal pay for equal work, wages and hours, workplace fraud, prevailing wage rates for public works contacts, and living wage. Retaliation is defined as discharging, demoting, discriminating against an employee, or any other adverse employment action taken because of an employee’s protected action (complaining or threatening to make a complaint).
HB0649/SB0525: Wage Range Transparency would require employers to include the hourly or salary wage or wage range, a general description of the benefits, and any other compensation offered for the position in all internal and public job postings. If a job applicant did not receive the required information, this bill requires the employer to provide the pertinent information prior to discussing compensation with the applicant.
SB0994/HB1226: Maryland Predictable Scheduling Act establishes notice requirements regarding work schedules for employers in food service, hospitality, and retail. Employers must provide and display a schedule 14 days before any 7-day work week. This bill requires employers to pay employees additional wages when their shifts are changed or lengthened within the 14 days before a 7-day work week. It also requires employers to pay an employee half of their regular rate when an employee’s shift is canceled or shorted by the employer within the 14 days before a 7-day work week. There several other requirements and numerous exceptions to this bill that are too complex to get into in a short blog, but here is the full text.
Written by Christina Charikofsky. Christina is a legal intern at Kollman & Saucier and a second year student at the University of Baltimore School of Law.