In the opening days of the 2018 legislative session, Maryland’s General Assembly overrode Governor Larry Hogan’s veto of the paid sick leave bill passed in 2017.  Use of the veto override procedure meant that the law would take effect only 30 days after it was enacted, meaning that the law will become effective on February 11, 2018.  During the final days before the law’s effective date, the General Assembly considered a bill to delay its effective date to July 1st, but the legislation appears unlikely to pass in the House of Delegates.  As a result, mandatory sick leave will shortly become a reality in Maryland.

Following nearly a year of speculation, the Maryland General Assembly has voted to override Governor Larry Hogan’s veto of the paid sick leave bill passed by the General Assembly near the close of last year’s legislative session.  The Maryland Healthy Working Families Act (HB 1/SB230) will now take effect in thirty days absent further action by the General Assembly to provide additional time to prepare for its implementation, and will have significant implications for Maryland employers. 

During the most recent legislative session, the Maryland General Assembly enacted legislation that creates an entirely new procedure by which employees who believe they are due unpaid wages can seek to obtain a lien against their employer for the wage amount.  Most significantly, the procedure allows for the entry of a lien prior to a full adjudication in which the employee is obligated to demonstrate the merits of the wage claim.  This article examines the new statute, which takes effect October 1, 2013. 

In a long-awaited decision, the U.S. Court of Appeals for the D.C. Circuit has struck down the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act post a notice of employee rights under the law.  This article examines the controversy surrounding the Board’s unprecedented posting requirement and the impact of the D.C. Circuit’s decision.

In the latest development of the ongoing drama surrounding the National Labor Relations Board’s mandate that all employers covered by the National Labor Relations Act must post a notice of employee rights under the law, the U.S. Court of Appeals for the District of Columbia Circuit has issued an order staying implementation of the posting requirement, which had been set to take effect on April 30, 2012.  This article examines the controversy surrounding the posting requirement and the impact of the D.C. Circuit’s decision. 

During the recently completed legislative session, the Maryland General Assembly became the first state legislature in the country to pass legislation prohibiting employers from requesting access to employees’ and job applicants’ personal computer accounts, most notably Facebook and other social media accounts.  This article examines the effects the law will have on how Maryland employers handle hiring decisions and internal investigations.

On December 21, the NLRB adopted a final rule implementing certain changes to the procedures governing union elections.  While the NLRB has chosen to forego implementation of some of the more controversial proposed rules that had previously been announced, the changes included in the final rule will nevertheless have significant consequences for employers who may be targeted for organizing.  This article examines the Board’s final rule and its potential impact for employers. 

Last August, the National Labor Relations Board issued a regulation requiring that all employers subject to the National Labor Relations Act post a notice advising employees of their right to form unions and engage in other activities protected by the Act.  The effective date of the posting requirement was originally set for November 2011, but was later pushed back to January 31, 2012.  The NLRB has now further delayed the implementation date to April 30. 

In the Fall 2011 issue of the Labor & Employment Newsletter, we reported on a rule adopted by the National Labor Relations Board that will require employers to post a written notice of employee rights under the National Labor Relations Act. The rule was scheduled to take effect November 14, 2011. This Alert is to inform you that the NLRB has now postponed the implementation date of the posting requirement to January 31, 2012.

Maryland courts have long recognized a common law right of action for employees who allege that they were terminated in violation of a public policy.  While the parameters of this cause of action defy easy explanation, the Court of Appeals’ recent decision in Parks v. Alpharma, Inc., sheds some light on just what constitutes the sort of public policy that will support a wrongful discharge claim.  This article takes a closer look at the wrongful discharge tort and the Court of Appeals’ most recent attempt to clarify its reach. 

During its 2011 legislative session, the Maryland Legislature passed the Job Applicant Fairness Act, which was signed into law by Governor O’Malley on April 12.  The law imposes significant restrictions on the ability of employers to perform credit checks on job applicants and employees.  This article examines the details of the new law, and the likely effects for employers.

On August 30, 2011, the National Labor Relations Board issued a final rule that will require covered employers to post and disseminate a notice to employees summarizing the rights protected by the National Labor Relations Act.  This article addresses the immediate issues raised by the new requirement, as well as the broader concerns it raises for employers going forward.