New Rules of Engagement in MD Workplaces Changes in Rights and Obligations for Employers

New Rules of Engagement in MD Workplaces

Changes in Rights and Obligations for Employers

In the past 18 months, Maryland has passed a number of new laws of special importance to Maryland employers, according to a recent report by Rifkin, Livingston, Levitan & Silver, LLC, WANADAs government relations advisors for Maryland. The impact of the new laws will depend upon an employers particular policies and practices. The new laws include:

· The new Maryland Flexible Leave Act which goes into effect on October 1, 2008 and requires any employer with 15 or more employees to allow their employees to use any form of accrued leave, with pay, to care for an immediate family member who is ill.

&midddot; The new Maryland Wage Payment and Collection Law which provides that an employer need only pay out accrued leave upon termination of employment in accordance with an employers written vacation pay or other written paid leave policy. For the employer to exercise this right the employee must be given notice of the leave policy at the time of hiring. The law does not provide protection to employers who do not have a written policy. This law may apply to terminations which have occurred as early as November 1, 2007.

&midddot; The new Maryland Human Relations Commission Law provides that all employers, regardless of size, are subject to lawsuits for discrimination. Previously, small employers (those with less than 15 employees), had cases heard only by the Maryland Human Relations Commission. Now, all employers may be liable for compensatory damages, punitive damages and attorneys fees in court. The Maryland law not only prohibits discrimination against the same categories of employees as the federal statute, but also covers sexual orientation and marital status. Another departure from the federal law, Maryland law covers any age discrimination, not just discrimination against those over 40.

&midddot; The new Montgomery County Human Rights Law, which adds ”gender identity” to the list of categories that are protected from discrimination in employment, housing, or public accommodation.

&midddot; The new Maryland Living Wage Law, which requires state government service contractors and subcontractors to pay employees working on state contracts a ”living wage.”

&midddot; The new Maryland Wage Payment and Collection Law prohibits the printing of an employees Social Security number on wage payment checks and other wage documents. This law follows the recent Social Security Number Privacy Act that was passed in Maryland.

As can be seen employers have a lot to keep track of in staying current with ever evolving workplace requirements.For more information on these changes in the Maryland workplace laws contact Joyce Smithey at Rifkin, Livingston, Levitan & Silver, (410) 295-0212 or at jsmithey@rlls.com.