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Government
Affairs Committee Weekly
Report: Maryland Employment Legislation
April 9, 2008
On
Monday, April 7th the 425th session of the Maryland General Assembly came
to a close. More than 2640 bills were filed;
at least 122 were employment related (exclusive
of workers' comp and unemployment insurance). Below is a summary of the
key bills your CHRA Gov't Affairs Committee monitored, the positions we
took and the outcomes to date. Bills that were passed will be enacted
if the Governor signs them or does not sign them, so long as he does not
veto them. The last date for signing on the Governor's calendar is May
22nd. If a bill received "no report" then it effectively "died"
in committee.
HB
40/S. 344 - Flexible Leave Act requires a Maryland employer that offers
any type of paid leave to permit employees to use such leave for the illness
of the employee's immediate family member defined as the employee's child,
spouse or parent. CHRA's position: Oppose. STATUS: The bill was passed.
HB
70 - Construction Industry Employee Misclassification Act proposed
to make it a crime for a construction industry employer (including subcontractors)
to misclassify an employee as an independent contractor with penalties
ranging from a stop-work order at all worksites for unintentional misclassification
to fines of up to $20,000 and up to five years imprisonment for intentional
misclassification. On February 11th, CHRA sent letters opposing the bill
to the Chairs of the House Ways & Means and Economic Matters Committees.
On February 13th, CHRA sent a letter to the bill's sponsor, Delegate Glenn,
also opposing the bill. CHRA's Position: Oppose. STATUS: On February 15th,
the bill was withdrawn.
HB
106 - State Procurement - Living Wage. This bill proposes to alter
the two-tier wage rate for covered state contracts. Last year a new law
was enacted requiring covered contractors in Montgomery, PG, Howard, Anne
Arundel, Baltimore Counties and Baltimore City to pay $11.50 to certain
workers and covered contractors in the rest of the state to pay $8.50.
This bill proposes to make the rate $11.50 across the state. Hearing was
2-14. CHRA's Position: Oppose. This bill was withdrawn on March 10th.
HB
399/SB 528 - Maryland Commission on Human Relations - This bill provides
technical corrections to the law enacted last year that expanded remedies
under Maryland's Article 49B, including giving an individual the right
to sue his/her employer in state court. The specifics of this issue were
covered in a local chapter presentation provided for CHRA by Eric
Paltell, Esq. at a chapter meeting last Fall; Mr. Paltell and his
colleague Darrell
R. VanDeusen, Esq. were also instrumental in drafting this legislation.
CHRA's Position: Support. STATUS: The House version was passed.
HB
439/S. 563 - Ledbetter Fair Pay Act of 2008. This bill is similar
to federal legislation drafted in response to a recent U.S. Supreme Court
case by the same name, which SHRM opposed. This bill provides for back
pay awards for up to two years prior to the filing of a complaint where
the unlawful employment practice that occurred during the complaint filing
period is similar or related to an unlawful employment practice with regard
to discrimination in compensation that occurred outside the time for
filing a complaint. It also provides for damage awards over and above
those already provided of up to $300,000. CHRA's Position: Oppose. STATUS:
The House version received an unfavorable report and the Senate version
was withdrawn.
HB
654 - Shift Breaks. This bill would require a Maryland employer with
at least 50 employees to provide a shift break of at least 15 minutes
for an employee working up to and including six consecutive hours or a
break of at least 30 minutes for an employee working more than six consecutive
hours. Hearing was 2/14. CHRA's Position: Oppose. STATUS: No report.
HB
1156 - Pay Disparity Data - This bill proposes to require Maryland
employers to collect race, gender and pay data on its employees and report
such data, upon request, to the DLLR. CHRA's Position: Oppose. STATUS:
The bill was passed and the Governor signed it on April 8th; it will take
effect on October 1, 2008 and remain in effect at least through December
31, 2013.
HB 1235 -
Payment of Overtime - This bill proposes to alter the way Maryland
employers must calculate overtime to include the greater of hours worked
eight in a day or 40 in a workweek. The hearing was 2/14. CHRA's Position:
Oppose. STATUS: No report.
HB
1392 and 1393
- Wage and Hour Law - Civil and Criminal Penalties - These bills propose
to increase employers' liability for damages for wage and hour violations.
The former proposes to provide for mandatory damages including counsel
fees and more. The latter increases the damages currently available by
up to five times; includes potential imprisonment and provides that each
workweek an employer is found to have not paid the appropriate wage constitutes
a separate violation. Both bills were heard 2/14. CHRA's Position: Oppose.
STATUS: HB 1392 received no report and 1393 received an unfavorable report
on 2/26.
HB
1590 - Employee Misclassification Act - similar to HB 70 described
above but broader, covering employers generally e.g., not just in the
Construction Industy. CHRA's Position: CHRA sent letters expressing concerns
about the bill to the Committee Chair & Vice Chair and at least one
CHRA chapter sent several letters to Committee members in that chapter's
district(s). STATUS: The bill received an unfavorable report on 3/26.
HB
1598/ SB
976 - Gender Identity - Antidiscrimination - this bill prohibits discrimination
on the basis of gender identity defined as "gender-related appearance,
expression or behavior of an individual regardless of the individual's
assigned sex at birth." CHRA's Position: No Position. STATUS: No
report.
SB
84 - State Government - Illegal Aliens. This bill proposes to prohibit
illegal aliens from receiving certain public benefits, including unemployment
insurance compensation. Current sponsor is Senator Pipken. Hearing was
2/26. CHRA's Position: Support. STATUS: No report.
SB
797 - Wage Payment Upon Termination of Employment. This bill proposes
to correct the recent decision issued by the Maryland Court of Special
Appeals in Catapult. The bill require an employer to pay out accrued paid
leave upon termination of employment only to the extent as provided in
a written policy that is communicated to the employee prior to termination.
CHRA's Position: Support. CHRA and three local chapters testified in support
of this bill on 3/13. STATUS: The bill was passed.
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