The Scoop

Maryland Laws

Discover important state and local employment laws for Maryland.
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Published: May 16, 2024

Maryland Adopts Pay Transparency Requirements

Maryland Adopts Pay Transparency Requirements
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Update Effective: October 1, 2024

On April 25, 2024, Governor Moore signed into law a new set of pay transparency requirements for all Maryland employers, which will take effect on October 1, 2024. The Wage Range Transparency Act imposes new requirements on all Maryland employers, regardless of size. With these changes, Maryland will join a growing number of other states that have enacted similar pay transparency laws.

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Published: May 18, 2023

Maryland FAMLI Program Delayed by 1 Year

Maryland FAMLI Program Delayed by 1 Year
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Update Effective: October 1, 2024 and January 1, 2026

Maryland recently signed into law SB 828, which made changes to several portions of the state’s Family and Medical Leave Insurance (FAMLI) program, including the implementation dates. Covered employers will now be required to remit premiums and report relevant information to the state beginning on October 1, 2024. Accordingly, eligible employees will not be able to claim benefits until January 1, 2026.

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Published: Dec 16, 2022

Maryland Legalizes Recreational Marijuana

Maryland Legalizes Recreational Marijuana
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Update Effective: July 1, 2023

Maryland has passed a new law legalizing the use of recreational marijuana for adults 21 and older. Employers should continue to monitor updates and are encouraged to review their current policies and testing procedures in anticipation of this upcoming law.

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Published: Oct 13, 2022

Employers To Provide Reasonable Accommodations for Job Applicants with Disabilities

Employers To Provide Reasonable Accommodations for Job Applicants with Disabilities
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Update Effective: October 1, 2022

Maryland employers with 15 or more employees are now required to provide reasonable accommodations for job applicants with disabilities, unless the accommodations impose an undue hardship on the employer. Previously, the state law only required employers to provide accommodations to employees.

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Published: Oct 13, 2022

Maryland Redefines Harassment and Expands Definition of Sexual Harassment

Maryland Redefines Harassment and Expands Definition of Sexual Harassment
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Update Effective: October 1, 2022

The Maryland Fair Employment Practices Act expanded the definition of ‘harassment’ and ‘sexual harassment’ to indicate that unwelcome and offensive conduct does not need to be deemed ‘severe’ or ‘pervasive’ to qualify as harassment in various situations. Those situations include submission to conduct that is made a condition of employment or is the basis for employment decisions, or behavior that unreasonably creates an abusive or hostile work environment. Employers are encouraged to review their harassment policies to ensure there are no references to ‘pervasive or severe’ standards, as well as inform people managers to recognize and respond to behavior that may be construed as harassment.

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Published: May 12, 2022

Maryland Becomes The Latest State to Enact Paid Family and Medical Leave

Maryland Becomes The Latest State to Enact Paid Family and Medical Leave
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Update Effective: October 1, 2023

In early April, the Maryland General Assembly passed the Family and Medical Leave Insurance Program (also known as the Time to Care Act of 2022 SB 275), which will provide eligible employees with 12 weeks of job-protected paid family and medical leave (or up to 24 weeks in certain situations) for various qualifying reasons. Beginning October 1, 2023, employees and employers with 15 or more employees will be required to contribute to the Maryland Family and Medical Insurance Fund through a payroll tax. Benefits will be available for eligible Maryland employees beginning January 1, 2025.

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Published: Oct 14, 2021

Maryland Paid Bereavement Leave

Maryland Paid Bereavement Leave
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Update Effective: October 1, 2021

Maryland’s Flexible Leave Act (MFLA) was expanded on October 1, 2021 to include bereavement for the death of an employee’s immediate family member. MFLA covers Maryland employers with 15 or more employees.

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Published: Oct 14, 2021

Maryland Economic Stabilization Act Employee Count Updated

Maryland Economic Stabilization Act Employee Count Updated
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Update Effective: October 1, 2021

In September we outlined updates to the Maryland Economic Stabilization Act, or the state’s “Mini-WARN” law. The updated law now requires Maryland employers with 50 or more employees to give at least 60 days’ written notice for certain reductions in operations. The law has been further amended to specify that the employee count referenced is based on the total number of employees anywhere, rather than only those in Maryland.

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Published: Jul 15, 2021

Workplace Safety Law

Workplace Safety Law
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Update Effective: June 1, 2021

Maryland has passed the Maryland Essential Workers’ Protection Act (EWPA), a law that mandates workplace requirements on certain employers with essential on-site workers during a declared state of emergency in Maryland. The requirements address safe working conditions including written safety standards, provided safety equipment, reporting requirements and paid public health emergency leave (PHEL). Note that Maryland is not currently under a state of emergency. This new law would apply under future declarations.

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Published: Jan 14, 2021

(Montgomery County) Montgomery County Ban-the-Box Amendments

(Montgomery County) Montgomery County Ban-the-Box Amendments
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Update Effective: February 19, 2021

Beginning next month, all Montgomery County employers must comply with changes to the county’s ban-the-box law. Among other updates, the amendments expand the definition of “employer” to include any employer with one or more full-time employees in Montgomery County, prohibit employers from running background checks until a conditional job offer has been extended, and restrict inquiries into certain convictions and arrests. With these amendments, Montgomery County joins Baltimore City and Prince George’s County in enacting prohibitions that are more restrictive than Maryland’s 2020 statewide ban-the-box law.

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Published: Nov 12, 2020

Revision to Human Rights Law and Workplace Discrimination

Revision to Human Rights Law and Workplace Discrimination
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Update Effective: January 15, 2021

Montgomery County, Maryland has updated its Human Rights Law to ease the standards for proving workplace harassment. The revision will replace the standard under which alleged conduct must be “severe and pervasive” to be actionable with a new standard where conduct may be actionable if “a reasonable victim of discrimination would consider the conduct to be more than a petty slight, trivial inconvenience, or minor annoyance”. Montgomery County joins New York and California in this departure from the federal standard.

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Published: Sep 17, 2020

Various Upcoming Employment-Related Laws in Maryland

Various Upcoming Employment-Related Laws in Maryland
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Update Effective: October 1, 2020

Various Upcoming Employment-Related Laws in Maryland As previously mentioned in The Scoop, Employers in Maryland should be aware of a few laws going into effect this October 1, including (among others):

  • An amendment to Maryland’s existing “mini-WARN” act — the Maryland Economic Stabilization Act — will require Maryland employers with 50 or more employees to give at least 60 days’ written notice for certain reductions in operations. These requirements will exist in addition to existing federal Worker Adjustment and Retraining Notification (WARN) Act provisions for employers covered under both.

  • A new salary history law prohibits employers from seeking applicants’ wage histories during the application process. The law also requires that, upon request, an employer must provide the applicant with the wage range of the position for which they’ve applied.

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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