Here's why equal-pay activists are looking toward Maryland The first amendment, HB123, has two components. Title 3, Subtitle 3 Annotated Code of Maryland, Equal Pay for Equal Work Frequently Asked Questions (FAQs). 9(b' B,wI3={o PK ! Under the new law, an employer may not: The act affirms that applicants are able to voluntarily share their wage history with an employer during the hiring process. .usa-footer .grid-container {padding-left: 30px!important;} Yes and no. Case: Discrimination/Pay Equity (D. Md.) - Bloomberg Law News Copyright 2020 McGillivary Steele Elkin LLP. Seek to confirm an applicants voluntarily provided wage history to support a wage offer higher than the initial wage offered. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Guy Brenner isa partnerin the Labor & Employment Law Department and co-head of the Non-Compete & Trade Secrets Group. Effective October 1, 2015, the threshold will increase to a single contract valued at $150,000 or more annually. In Decision that Vacates a $96 Million Award, SCOTUS Limits United Rhode Island Affirms The Principle That Sureties Must be Provided Tax Credits for Electric Vehicle Batteries Under the Inflation CAUTIONARY CONTINUANCE: Enforcement of Californias CPRA Regulations U.S. 410-527-4499. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} :2O# Maryland Equal Pay Commission Members - Division of Labor and Industry Maryland Equal Pay Commission Members Acting Secretary James Rzepkowski, Maryland Department of Labor Commissioner Matt Helminiak, Maryland Department of Labor/Division of Labor and Industry (DLI) Glendora Hughes, Maryland Commission on Civil Rights (MCCR) It addresses pay differentials that are based on sex as well as on gender identity. Employment law information and wage investigations. Senate Republicans Block Pay Equity Bill - The New York Times Each month, foreign nationals await timely announcements from the U.S. Department of States (DOS) Visa Bulletin and U.S. Specifically, employers may not prohibit an employee from inquiring about, discussing, or disclosing the wages of the employee or another employee, or requesting that the employer provide a reason for why the employees wages are a condition of employment. In addition, an employer may not take any adverse employment action against an employee for: inquiring about another employees wages; disclosing the employees own wages; discussing another employees wages if those wages have been disclosed voluntarily; asking the employer to provide a reason for the employees wages; or aiding or encouraging another employees exercise of rights under [the Act].. Provides a system of wage and health care protection for eligible workers who have suffered work-related injury or illness. In May, Maryland governor Larry Hogan signed the Equal Pay for Equal Work Act of 2016 significantly expanding and strengthening Maryland's current Equal Pay Act. Remind managers and HR personnel about the dangers of retaliating against employees who complain about violations of the New Act. National Law Review, Volume VI, Number 266, Public Services, Infrastructure, Transportation, Department of State Updates FAM E Visa Provisions. Now the law requires employers to provide pay ranges when candidates request them and prohibits employers from asking about previous salary history. The Maryland Equal Pay for Equal Work law provides that an employer may not prohibit an employee from inquiring about, discussing, or disclosing the wages of an employee or another employee, or requesting that the employer provide a reason for why the employees wages are a condition of employment. Heres what you need to know. The Act amends Marylands existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex in a number of significant ways. What Investors Are Discussing atSummer Parties, Artificial IntelligenceCompanies Hunt for San Francisco Offices, Canada Suspends Ads on Facebook, Instagram in Feud Over New Law, Secret Service Confirms Cocaine WasFound Inside White House, Rural India Adding Super Rich Faster Than Urban, Study Shows. Important Changes in The Mexican Health System. An agency within the U.S. Department of Labor, 200 Constitution AveNW Employers may want to review their handbooks and relevant policies prior to the date of enactment to ensure they do not run afoul of this new laws protections. 12 Maryland Labor Las Questions? Employers should also review their application materials to be sure they do not require applicants to provide information about salary history. The legislation specifically includes protection for braids, twists, and locks, as well as hair texture, afro hairstyles, and protective hairstyles. Though the Senate version of the bill, SB531, attempted to place some carve-outs for employers to set standards in their workplace by requiring employees to adhere to reasonable workplace appearance [and] grooming standards, that language was struck before final passage, and the stricter House version will therefore go into effect on October 1, 2020. Filing a complaint with CRC under the EPA does not extend the time limit for filing in federal district court. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Sensing a novel venue for workplace discrimination, the Maryland General Assembly enacted HB1202 to prohibit employers from using a facial recognition service to create facial templates of applicants during job interviews without their consent. Meeting Dates 2021 Maryland Equal Pay Commission virtual meeting - April 30, 2021, 2:00 to 3:00 p.m. For meeting access: Join with Google Meet Join by phone (US) +1 585-653-0443 PIN: 250 603 665# Agenda I. All rights reserved. For more information about the assistance MSE provides to workers challenging gender- and race-based pay inequities and disparities, visit https://www.mselaborlaw.com/practice-areas/metoo-in-the-workplace. The Equal Pay for Equal Work Act of 2016 ("Act"), signed by Governor Hogan on May 19, 2016 and set to take effect October 1, 2016, amends Maryland's existing Equal Pay law (Md. Far from sitting idle, the Maryland General Assembly recently passed a broad array of workplace legislation without the governors signature. (TaVbs^F kb7IUXfR^,^vmh+u NZrN/#., @G[3 U The information contained within identifies and discusses many fundamental elements of the Maryland law, and attempts to address many of the most often asked questions. .manual-search-block #edit-actions--2 {order:2;} The program can be used to compare an applicant against other successful candidates seeking the same position, and is designed to speed up the hiring process. In recent years, many states have taken further efforts to address equal pay, such as enacting laws that prohibit employers from . .manual-search ul.usa-list li {max-width:100%;} Under House Bill (HB) 1444/Senate Bill (SB) 531, Maryland employers are prohibited from discriminating against individuals based on certain traits associated with race, including hair texture and certain hairstyles. The Maryland legislation follows similar antidiscrimination lawscommonly known as the CROWN Actenacted in several other states, including California, New Jersey, New York, and Washington. GiOi _%'$F9? Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal MD Equal Pay for Equal Work Act Amendment - MSE Labor Law Did you sign an employment contract or agreement? The Act also adds a definition of the term wage. Under the Act, wage includes all compensation for employment. The Act specifically provides that wage includes board, lodging, or other advantage provided to an employee for the convenience of the employer. Accordingly, employers must be concerned with ensuring pay equity with respect to all elements of compensation to their employees, not just base pay. Dec. 24, 2013), a public sector employee learned that he could be indicted for criminal theft for taking his employers highly confidential, original documents, even if his actions would have been protected in a civil suit under Quinlan v. Curtiss-Wright Corp., No. An employer that fails to abide by Marylands Equal Pay for Equal Work law, as amended, may be subject to administrative penalties. Code Ann., Lab. Moreover, employers are prohibited from requesting an applicants wage history orally or in writing. Maryland's Equal Pay for Equal Work Act (the "Act") is scheduled to take effect on October 1, 2016 . Among the 38 countries in the Organization for Economic Cooperation and Development, 27 now have some form of pay transparency in place. : Weekly Bi-weekly Monthly Semi-monthly Other (explain) 12. . 'Religion Has No Place in Employment Decisions': Two Maryland - Law.com The data that's emerged shows the gender pay gap across the OECD narrowed from 19% in 1996 to 12% in 2021, based on median earnings for women and men. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. La Justicia Europea Confirma Que El Logotipo Del Murcilago de Batman Latest UK Minimum Wage Naming and Shaming List Released, EPA Proposes SNURs for Flame Retardants in Support of Risk Evaluations. The Act amends Maryland's existing Equal Pay law, expanding its protections. If there is an inequality in wages between people of different sexes who perform substantially equal jobs, employers must raise wages to equalize pay but may not reduce the wages of other individuals. An employer is prohibited from requiring an employee to sign a waiver or other document to deny the employee the right to disclose or discuss the employees wages. Rely on an applicants voluntarily provided wage history to support a wage offer higher than the initial wage offered; or. . Maryland Expands State Equal Pay Act and Broadens - National Law Review Stark Law Violations & Ambulatory Surgery: What Whistleblowers Tycko & Zavareei Whistleblower Practice Group. A bona fide factor other than sex or gender identity, including education, training, or experience, in which the factor: (a) is not based on or derived from a gender-based differential in compensation; (b) is job related with respect to the position and consistent with a business necessity; and (c) accounts for the entire differential. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. The Maryland Guide to Wage Payment and Employment Standards Maryland Equal Pay Commission - Division of Labor and Industry Employers will also be prohibited from retaliating against, or refusing to interview or hire, an applicant because the applicant refused to provide their wage history or requested the wage range for a position. However, Maryland employers need to be aware that the Act prohibits reducing another employees wages to ensure compliance with the Act. Prohibition on Using Facial Recognition in the Hiring Process. While the Act broadly prohibits discrimination in pay and employment opportunities based upon sex and gender identity, it does make clear that certain non-discriminatory reasons for differences in wages will not violate the Act. Chapter 556 AN ACT concerning (Senate Bill 481) Labor and Employment - Equal Pay for Equal Work FOR the purpose of altering a certain provision of law concerning equal pay for equal work to prohibit discrimination on the basis of gender identity; prohibiting an employer Log in to keep reading or access research tools. Can an employer pay employees doing similar jobs different wages? If you believe you've been discriminated against at work or in applying for a job, the EEOC may be able to help. understand that under Md. Among the most notable changes, the act: This protection extends to unlawful retaliation by an employer against an individual for opposing employment practices that allegedly discriminate based on compensation or for filing a discrimination complaint, testifying, or participating in any way in an investigation, proceeding, or litigation under the Equal Pay Act.
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