Jury Service - HB 353
Signed by the governor on April 10th,and SB 16, signed on May 2nd. This law, which will become effective on October 1st, prohibits an employer from requiring an employee who is summoned and appears for jury service for four or more hours, including traveling time, to work an employment shift that begins on or after 5:00 p.m. on the day of the individual's appearance for jury service; or before 3:00 a.m. on the day following the individual's appearance for jury service.
Privileged Communications or Information Involving Labor Organization – SB 797
This bill was also signed by the governor on May 2nd and takes effect October 1st. With certain exceptions, the bill provides that a labor organization or an agent thereof may not be compelled to disclose, in any court, administrative, arbitration or other proceeding. As well as any communication or information that the labor organization or agent acquired from a member of the labor organization while in the course of the agent's professional duties or while acting as the agent's representative capacity with the labor organization or agency. Such communications or information received or acquired was in confidence from a member of the labor organization, an employee, while the labor organization or agent was acting in a representative capacity concerning employee grievance.
Workplace Fraud Act – SB 272
Also signed by the governor on May 2nd, this bill has an effective date of July 1st. The bill establishes an exception to the presumption that an employer–employee relationship exists for purposes of the Workplace Fraud Act for an employer that produces certain documents for inspection.
SB999 Labor and Employment - Abusive Work Environments - Employee Remedies
http://mlis.state.md.us/2012rs/billfile/SB0999.htm#Title
Bill Sponsor: Senator Muse
Synopsis: Prohibiting a supervisor or an employee who is supervised by the supervisor from subjecting an employee of an employer to an abusive work environment that includes specified abusive conduct that causes specified harm to the employee; prohibiting a supervisor from retaliating against an employee of an employer who opposes or resists abusive conduct in the employee's work environment or takes other action regarding a violation of the Act; etc.
CHRA: Oppose (Redundant Federal manages with EEOC)
MD SHRM State Council: No Position
Action: To be determined
SB667/HB652 Criminal Records - Shielding - Nonviolent Convictions
http://mlis.state.md.us/2012rs/billfile/SB0667.htm
Bill Sponsors: Senator Jones-Rodwell (By Request - Task Force on Prisoner Reentry) and Senator Frosh
Synopsis: Requiring that court records and police records relating to a conviction be shielded automatically at a specified time, depending on whether the conviction is for a misdemeanor or a felony; prohibiting the Maryland Judiciary Case Search from in any way referring to the existence of records shielded in accordance with the Act; requiring a custodian of records to deny inspection of criminal records and police records relating to the conviction of a crime that has been shielded under the Act; etc.
CHRA: Strongly Oppose
MD SHRM State Council: No position
Action: To be determined
SB1005/HB1364 Labor and Employment - Determination of Independent Contractor Status - Workplace Fraud Act and Unemployment Insurance
http://mlis.state.md.us/2012rs/billfile/SB1005.htm
Bill Sponsor: Senator Pugh
Synopsis: Establishing an exception for an employer that produces specified documents for inspection to the presumption that an employer-employee relationship exists for purposes of the Workplace Fraud Act; providing for a presumption, under specified circumstances, that an individual working for remuneration is an independent contractor under specified circumstances; prohibiting the Commissioner of Labor and Industry, under specified circumstances, from entering a place of business or work site to review and copy specified records; etc.
CHRA: No Position
MD SHRM State Council: No Position
Action: To be determine
SB1028 Labor and Employment - Leave - Deployment of Family Members in the Armed Forces
http://mlis.state.md.us/2012rs/billfile/SB1028.htm
Bill Sponsors: Senators Zirkin and Peters
Synopsis: Authorizing specified employees to take leave from work on the day that an immediate family member is leaving for, or returning from, active duty outside the United States as a member of the armed forces of the United States; prohibiting an employer from requiring an employee to use specified leave when taking leave under the Act; authorizing an employer to require an employee who takes leave under the Act to submit specified proof to the employer; etc.
CHRA: Oppose (Redundant Federal Law already protects)
MD SHRM State Council: No Position
Action: To be determined
SB600 Business Regulation - Independent Contractor Registry - Presumptions Under Workplace Fraud Act
http://mlis.state.md.us/2012rs/billfile/SB0600.htm
Bill Sponsors: Senators Young, Montgomery, and Ramirez
Synopsis: Requiring the Department of Labor, Licensing, and Regulation to develop and maintain an Independent Contractor Registry; authorizing an individual who performs construction services or landscaping services as an independent contractor to register with the Registry; establishing that work performed by an individual registered with the Registry is not presumed to create an employer-employee relationship for the purposes of specified provisions related to workplace fraud; etc.
CHRA: No Position
MD SHRM State Council: No Position
Action: To be determined
HB309 Labor and Employment - Independent Contractor – Definition
http://mlis.state.md.us/2012rs/billfile/HB0309.htm
Bill Sponsors: Delegates W. Miller, Haddaway-Riccio, Impallaria, Minnick, Schuh, Schulz, and Stifler
Synopsis: Defining "independent contractor" as an individual who is not an employee for purposes of the Federal Insurance Contributions Act and the Federal Unemployment Tax Act, based on application of the 20 factors set forth in a specified Internal Revenue Service Revenue Ruling.
CHRA: No Position
MD SHRM State Council: No Position
Action: To be determined
SB329/HB364 Employment - Internet and Electronic Account Privacy Protection
http://mlis.state.md.us/2012rs/billfile/HB0364.htm
Bill Sponsors: Delegates Tarrant, Hubbard, A. Kelly, Murphy, Oaks, Ready, Reznik, and V. Turner
Synopsis: Prohibiting specified employers from requiring an employee or applicant for employment to provide the employer with access to specified Internet sites or electronic accounts through specified electronic devices; prohibiting specified employers from requiring an employee to install specified monitoring or tracking software onto specified electronic devices; etc.
CHRA: No Position
MD SHRM State Council: No Position
Action: To be determined
SB212 Human Relations - Sexual Orientation and Gender Identity – Antidiscrimination
http://mlis.state.md.us/2012rs/billfile/SB0212.htm
Bill Sponsors: Senators Raskin, Madaleno, Gladden, Manno, Montgomery, Pinsky, and Pugh
Synopsis: Prohibiting discrimination based on gender identity with regard to public accommodations, housing, and employment and by specified licensed or regulated persons; prohibiting discrimination based on sexual orientation or gender identity with regard to commercial leasing; altering an exception for employers relating to standards concerning dress and grooming; providing specified immunity; requiring State personnel actions to be made without regard to gender identity or sexual orientation; defining the term "gender identity"; etc.
CHRA: No Position
MD SHRM State Council: No Position
Action: To be determined
SB715/HB91 Labor and Employment - Right to Work
http://mlis.state.md.us/2012rs/billfile/SB0715.htm
Bill Sponsors: Senators Kittleman, Colburn, and Simonaire
Synopsis: Prohibiting an employer from refusing to employ or continue employing an individual based on membership or nonmembership in a labor organization; prohibiting an employer from requiring an individual to refrain from joining or from requiring an individual to become a member of a labor organization; prohibiting an employer from requiring an individual to pay specified charges to a labor organization; etc.
CHRA: Strongly Support
MD SHRM State Council: No Position
Action: To be determined
HB218 Commission on Civil Rights - Discrimination in Employment - Computation of Time for Filing a Civil Action
http://mlis.state.md.us/2012rs/billfile/HB0218.htm
Bill Sponsors: Delegates Pena-Melnyk, Gutierrez, Oaks, and Tarrant
Synopsis: Providing that the time during which specified administrative proceedings are pending is not included in the computation of the 2- year time period for filing a civil action alleging an unlawful employment practice.
CHRA: Strongly Oppose (not taking anything away from what's currently under review, and it isn't reasonable that a person who lost a job can take action against an employer 2 years later while working for a 3rd employer)
MD SHRM State Council: No Position
Action: To be determined
SB491/HB287 Discrimination by a Place of Public Accommodation – Enforcement and Remedies
http://mlis.state.md.us/2012rs/billfile/SB0491.htm
Bill Sponsors: Senators Gladden, Conway, Montgomery, and Stone
Synopsis: Authorizing specified persons or the Commission on Civil Rights to elect to have the claims asserted in a complaint alleging discrimination by a place of public accommodation determined in a civil action brought by the Commission; authorizing a complainant alleging discrimination by a place of public accommodation to bring a specified civil action; requiring specified remedies available for specified discrimination; authorizing specified remedies for specified discrimination; etc.
CHRA: Oppose
MD SHRM State Council: No Position
Action: To be determined
HB355 Employment and State Procurement - Use of the Federal E-Verify Program (Better Maryland - Immigration Reform)
http://mlis.state.md.us/2012rs/billfile/HB0355.htm
Bill Sponsors: Delegates Schuh, Costa, Dwyer, George, Kipke, McConkey, McMillan, and Vitale
Synopsis: Requiring an employer to register and participate in the federal E-Verify program, verify the work authorization status of each employee hired, and maintain specified records; prohibiting an employer from knowingly employing or continuing to employ specified individuals or use specified contracts or agreements to obtain the labor of specified individuals; specifying criteria for the mandatory registration in the federal E-Verify program for specified contractors and grantees; etc.
CHRA: Strongly Oppose (private employers in Maryland are not currently subject to this, which will create a burden and make Maryland a less attractive state in which to do business as well as add costs to the state due to regulatory enforcement that would be required)
MD SHRM State Council: No Position
Action: To be determined
SB329/HB567 Education - Parent-Teacher Meetings - Unpaid Leave
http://mlis.state.md.us/2012rs/billfile/SB0329.htm
Bill Sponsors: Senators Ferguson, Gladden, Jones-Rodwell, Madaleno, Montgomery, Ramirez, and Rosapepe
Synopsis: Authorizing an employee to use unpaid leave to attend a parent-teacher meeting; requiring an employee to notify the employer at least 3 days before the employee will use unpaid leave to attend a parent-teacher meeting; prohibiting an employee who uses unpaid leave under the Act from using more than 4 hours per parent-teacher meeting and from using unpaid leave more than twice per each half of an academic year; etc.
CHRA: Strongly Oppose (another mandated leave practice)
MD SHRM State Council: No Position
Action: To be determined
SB167 Tax Credits for Qualifying Employees with Disabilities - Sunset Repeal
http://mlis.state.md.us/2012rs/billfile/SB0167.htm
Bill Sponsor: Senator Currie
Synopsis: Repealing termination provisions and altering dates of applicability for specified tax credits for employers that hire qualifying individuals with disabilities.
CHRA: Strongly Support
MD SHRM State Council: No Position
Action: To be determined
SB272 Labor and Employment - Workplace Fraud Act – Revisions
http://mlis.state.md.us/2012rs/billfile/SB0272.htm
Bill Sponsors: Senators Peters, Astle, Kittleman, and Klausmeier
Synopsis: Repealing the presumption that, except under specified circumstances, an employer-employee relationship exists when remuneration for work by an individual is paid by an employer; and defining the term "independent contractor" as used in the Workplace Fraud Act.
CHRA: Support
MD SHRM State Council: No Position
Action: To be determined
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