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    Legislative News

    Maryland Legislation – Visit our News Page for Related Information and Updates

    On January 10, 2018, the Maryland General Assembly convened in Annapolis.  As anticipated there are a number of labor and employment bills being discussed.  The top priority of our representatives was the Maryland Healthy Working Families Act, (“Paid Sick Leave”).  The General Assembly voted to override Governor’s Hogan’s veto of the law.  Thus, the law is scheduled to go into effect on February 11, 2018.

    This law applies to all employers in Maryland (including a unit of State or local government), regardless of size.  Employers with 15 or more employees will be required to provide employees with paid leave and employers with fewer than 15 employees will be required to provide unpaid leave for those same reasons.  The number of employees is calculated by using the average monthly number of all employees (including full-time, part-time, temporary, and seasonal) who were employed during the immediately preceding 12 months.

    Employers must allow employees to earn sick and safe leave at a rate of at least one hour for every 30 hours worked, up to 40 hours a year.  Employees that accrue sick leave may carry over earned sick and safe leave from year-to-year, although the carryover amount may be capped at 64 hours. The total amount of sick and safe leave that an employee may actually use in a year may also be capped at 64 hours.  Employers may use Paid Time Off (“PTO”) plans to meet their obligations so long as their PTO plans comply with the requirements of this new law. 

    On January 15, 2018, the Governor’s Office has created (by Executive Order) the Office of Small Business Regulatory Assistance.  The office will provide assistance to small businesses in complying with the new law (when it takes affect within the next 30 days).

    Last week, Senate Finance Committee Chairman Middleton introduced a bill to delay the implementation date relative to enforcement by DLLR of HB 1 (Mandatory Paid Leave).  Bill, SB 304 - Maryland Healthy Working Families Act - Enforcement - Delayed Implementation.  This bill will not change the effective date just the enforcement of the law.  At the hearing, the committee noted that the Senate would consider a delay in the effective date if the House would vote to support that delay. 

    Please contact your House Delegates and encourage them to postpone the effective date to allow time for DLLR to provide guidance on implementation of the new law.

    Other proposed bills that MD SHRM is watching are as follows:

    HB0031

    Criminal Procedure - Charges Disposed of by Nolle Prosequi, Dismissal, or Acquittal - Case Search

     

    Hearing 1/16 at 1:00 p.m.

     

     

    Prohibiting the Maryland Judiciary Case Search from referring in any way to the existence of a specific criminal charge more than 5 years after the charge has been disposed of by nolle prosequi, dismissal, or acquittal.

    SB0035

    Labor and Employment - Lien for Unpaid Wages - District Court Jurisdiction

     

    Hearing 1/16 at 1:00 p.m.

     

     

    Establishing that the District Court has concurrent jurisdiction with the circuit courts over proceedings under certain provisions of law regarding liens for unpaid wages and has the powers of a court in equity in those proceedings; authorizing a certain employer to dispute a lien for unpaid wages by filing a complaint in the District Court sitting in the county where property of an employer is located; providing for the prospective application of the Act; etc.

    SB0101

     

     

    SB 152

     

    SB 235

    Criminal Procedure - Expungement - Time for Filing

     

    Labor and Employment – Hiring Pref for Veterans

    Minimum Wage Indexing

     

     

     

    Hearing 1/17 at 1:00 p.m.

     

     

    Hearing 2/1/ @ 1pm

     

     

     

    Repealing the prohibition on the filing of a petition for expungement based on an acquittal, a dismissal, or a nolle prosequi within 3 years after the disposition unless the petitioner files with the petition a certain waiver and release; and requiring certain records that are ordered for expungement to be expunged by removing the records to a secured area to which persons who do not have a legitimate reason for access are denied access.

     

    Altering definition of “veteran” to include commissions corps of the Public Health Services and National Oceanic and Atmospheric Admin

     

    Increasing, except under certain circumstances, the State minimum wage rate in effect for certain periods of time based on annual growth in a certain Consumer Price Index

     

     

     

     

     

     

     

    If you have any questions, please feel free to contact Cheryl Brown, MDSHRM Governmental Affairs, cbrown@darslaw.com