New Employment Laws Effective 10/1
It’s been a busy year so far, and keeping up with all of the new requirements and recommendations has been a substantial exercise in flexibility and adaptability. In case you missed it, here’s a quick review of 5 important legal changes that MD employers need to be aware of. These laws become effective on October 1, 2020 and may require updates to your recruitment materials and policies.
Wage History Inquiries
Starting October 1, employers may no longer use wage history to screen out candidates or determine wages for employment offers. Employers may not seek out or inquire about a candidate’s wage history on an application or during the interview/screening process. (If offered voluntarily, employers may seek confirmation and use the information to support higher wages). Also, if requested by a candidate, employers must provide the wage range for the position for which they are applying.
Discrimination based on hair styles associated with race
The new law expands Maryland’s Fair Employment Practices Act (FEPA) protection against discrimination on the basis of race, to include discrimination based on “traits associated with race” including hair texture and style. It further defines protective hairstyles to include braids, twists and locks. This follows Montgomery County’s CROWN (Creating a Respectful and Open World for Natural Hair) Act earlier this year.
Facial Recognition/AI Technology
Prohibits the use of facial recognition technology to analyze and evaluate facial features of applicants during the interview/screening process without written consent. Provides guidelines for a proper waiver.
MD WARN notices
Updates to Maryland Economic Stabilization Act: The revisions to the law require certain employers with at least 50 employees, to provide 60 days’ written notice before implementing a “reduction in operations.” Reductions include relocation and layoffs affecting more than 15 employees or 25% of the workforce. Notification must be given to all impacted employees including some PT individuals (not formally considered “employees”), an employee representative and/or bargaining unit, the Dislocated Worker unit of the MD Division of Workforce Development and Adult Learning, and local officials.
MD Healthy Families Act
Updates Maryland’s paid sick leave law to include legal guardian or ward of the employee or employee’s spouse to the definition of “family member.”
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