MHLA Legislative Alert: Maryland lawmakers override veto of House Bill 1. Paid sick and safe leave to become law in 30 days.
House Bill 1: Labor and Employment—Maryland Healthy Working Families Act, is legislation that MHLA opposed during the 2017 Legislative Session but passed and was vetoed by Governor Larry Hogan. Governor Hogan’s veto was overridden by the House of Delegates yesterday and the Maryland Senate today, and therefore goes into effect on February 11, 2018. We recommend that you familiarize yourself, your HR and payroll departments regarding the tenets of this legislation, as it requires specific record keeping. Please feel free to contact us if you have any questions.
Amy Rohrer, President & CEO
Maryland Hotel Lodging Association
What the Bill does:
HB 1 (2017 Session) Delegates Clippinger and Davis, LABOR AND EMPLOYMENT – MARYLAND HEALTHY WORKING FAMILIES ACT
Requiring employers with 15 or more employees to provide employees with “earned sick and safe leave” (“SSL”) that is paid at the same rate as the employee normally earns; requiring employers with 14 or fewer employees to provide an employee with unpaid SSL:
» in a two-week pay period, works fewer than 24 hours;
» in a one-week pay period, works fewer than a combined total of 24 hours in the current and the immediately preceding pay period; or
» in a semi-monthly pay period (paid twice a month regardless of the number of weeks in a pay period), works fewer than 26 hours;
» for paternity or maternity leave;
» to care for or treat the employee’s mental or physical illness, injury, or condition;
» to obtain preventive medical care for the employee or employee’s “family member”;
» to care for a “family member” with a mental or physical illness, injury, or condition; or
» in the case of domestic violence, sexual assault, or stalking committed against the employee or the employee’s “family member”, to obtain for the employee or the employee’s “family member”:
»“family member” is defined to include: a biological child, an adopted child, a foster child, or a stepchild of the employee; (2) a child for whom the employee has legal or physical custody or guardianship; (3) a child for whom the employee stands in loco parentis, regardless of the child’s age; (4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the employee or of the employee’s spouse; (5) the legal guardian of the employee; (6) an individual who acted as a parent or stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor; (7) the spouse of the employee; (8) a biological grandparent, an adopted grandparent, a foster grandparent, or a step grandparent of the employee; (9) a biological grandchild, an adopted grandchild, a foster grandchild, or a step grandchild of the employee; or (10) a biological sibling, an adopted sibling, a foster sibling or a stepsibling of the employee.
» an employer may not be required to pay a tipped employee more than the applicable minimum wage for SSL;
» if an employee employed in the restaurant industry, who is compensated as a tipped employee and who would be entitled to SSL, (1) needs to take SSL, (2) prefers and is able to work additional hours or trade shifts with another employee in the same pay period or the following pay period; (3) requires the employer to arrange coverage of the shift, and (4) contacts the employer to arrange coverage of a shift, then the employer may offer the employee a choice of:
» an employer may not be assessed a civil penalty by the Commissioner under this subtitle due to an unintentional payroll error or written notice error caused by a third–party payroll service provider with whom the employer contracted for services;
» the Commissioner may request the Attorney General to sue on the employee’s behalf; or
» an employee may bring an action within 3 years and, in the discretion of the court, recover up to treble actual damages, plus punitive damages, plus attorneys’ fees and costs, plus injunctive relief;
EFFECTIVE JANUARY 1, 2018 FEBRUARY 11, 2018