maryland equal pay for equal work law

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. .table thead th {background-color:#f1f1f1;color:#222;} > > word/document.xml=n8?^ The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Under the Act, employees can attempt to establish wage discrimination claims against employers with multiple offices in the same county by comparing their pay to the pay of an employee in an entirely separate office. 410-864-5100. Specifically, the New Act bars employers from prohibiting any employees (i) from inquiring about, discussing, or disclosing the employees wages with the wages of another employee; (ii) from requesting that the employer provide a reason for why the employees wages are a condition of employment; or (iii) from aiding or encouraging another employees exercise of rights under the New Act. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} PK ! Code, Labor and Employment, 3-301, et seq. Yes, the Equal Pay for Equal Work law applies to all employers in Maryland regardless of size. "Equal" work does not mean identical jobs; rather, they must be "substantially equal" in overall job content, even if the position titles are different. a bona fide factor other than sex or gender identity including education, training or experience under certain circumstances. 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. In this series, Quicktake Originals takes an in-depth look at the domestic and international projects that are shaping modern Africa, and their implications for the global economy. An employer that fails to abide by Marylands Equal Pay for Equal Work law, as amended, may be subject to administrative penalties. As of October 1, 2016, the Act raises the stakes for failing to remedy pay equity issues for Maryland employers. How do I file a complaint and what will the Commissioner of Labor and Industry do? Blurred Lines for Todays Workplace: Employer Liability for Employee Keep Your Paws Off My Positive Arbitrage With the Same Power Comes Energy & Sustainability Washington Update July 2023. 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. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } The U.S. Employment Standards Service (ESS) - Maryland Department of Labor In Denmark, on the other hand, the differential narrowed 7% after a transparency law was passed in 2006. articles a month for anyone to read, even non-subscribers! In addition to a significant expansion of Marylands Worker Adjustment and Retraining Notification (WARN) Act, three new employment laws are set to take effect on October 1, 2020. For example, if a central administrative unit hires employees, sets their compensation, and assigns them to separate work locations, the separate work sites can be considered part of one establishment. 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. Code Ann., Lab. The Act extends the protection against wage discrimination on the basis of sex to wage discrimination based upon gender identity. 9(b' B,wI3={o PK ! 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Is Maryland's New Equal Pay for Equal Work Act a Game Changer Maryland law had already prohibited employers from discriminating against employees by paying employees of different sexes differently when both employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type. In addition to expanding this prohibition to include pay discrimination on the basis of gender identity, the Act also expands the definition of the phrase deemed to work at the same establishment as another employee, to include employees who work for the same employer at workplaces locatedin the same countyof the State.. Charles R. Bacharach410-576-4169 cbacharach@gfrlaw.com, Rely on an applicants wage history in screening or considering the applicant for employment or in determining the applicants wage; or. Required publications/posters for employers: Workers' Compensation Commission Additionally, the commissioner may in his or her discretion: In determining the amount of the penalty, the commissioner must consider the gravity of the violation, the size of the employers business, the employers good faith and the employers history of violations under the wage laws. PDF HB 123 Department of Legislative Services Maryland General Assembly A Maryland federal district court denied Clean Earth, Inc.'s motion to dismiss a female outside salesperson's wage discrimination claim under the Maryland Equal Pay for Equal Work Act. Ensures a safe and healthful work environment for Maryland workers through inspections, consultation and trainings. Larry Hogan (R) holds a bill-signing ceremony on May 19 in Annapolis. The Act does not, however, permit an employee with access to other employees wages by virtue of that employees essential job functions to disclose the wages of other employees without restriction. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. Maryland Gov. & Emp., 3-308(b) I may not: (1) make a groundless or malicious complaint to the Commissioner or authorized representative of the Commissioner, (2) in bad faith, bring an action under the Equal Pay law, (3) in bad faith, bring Africa is quickly becoming one of the business world's most supercharged areas, with a burgeoning startup scene, expansive infrastructure projects, and capital pouring in from across the world. (a) n this subtitle the following words have the meanings indicated.I (b)(1) "Employer" means: 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. Equal Pay and Pay Transparency | U.S. Department of Labor The Maryland Equal Pay for Equal Work law or Maryland Igual Remuneracin por Igual Tarea (currently in the process of being revised) prohibits an employer from discriminating between employees by: paying a wage to employees of one sex or gender identity at a rate less than the rate paid to other employees under certain circumstances; or; 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. After an employer makes an initial offer of employment, including a proposed level of compensation, the employer may: However, an employer may only rely on voluntarily provided wage history if doing so does not create an unlawful pay differential based on sex or gender identity. Law Title: Equal Pay for Equal Work Act Year Passed: 2016 Maryland's Equal Pay for Equal Work Act was passed in 2016 but was updated in 2020 to focus on pay transparency. This was a requirement in the original law and remains in place with the passage of the Act. Applicants may complain to the Maryland Department of Labors Commissioner of the Division of Labor and Industry, who enforces the states Equal Pay law. Thus, minor differences in the job duties, or the skill, effort, or responsibility required for the jobs will not render the work unequal. An agency may have a defense if compensation is based on a seniority system, merit system, systems which measure earnings by quantity or quality of production, or any factor other than sex. AI-powered legal analytics, workflow tools and premium legal & business news. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Employers are permitted to discipline employees for disclosing the wage information of other employees if the employee whose wages are disclosed did not voluntarily disclose his or her wages to that employee or if the disclosed wage information of other employees is known solely because of the employees essential job function. Maryland Minimum Wage and Overtime Law Leave and Break Laws PDF Maryland Equal Pay for Equal Work - dllr.state.md.us a seniority system that does not discriminate on the bases of sex or gender identity; merit system that does not discriminate on the basis of sex or gender identity; jobs that require different abilities or skills; jobs that require performance of different duties or services; work that is performed on different shifts or at different times of the day; a system that measures performance based on quality or quantity of production; or. 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 .manual-search-block #edit-actions--2 {order:2;} Log in to keep reading or access research tools. State Wage/Hour Law Updates in 2019 - National Law Review Maryland's Equal Pay for Equal Work law, passed in 2016 to expand Maryland's prohibitions against discriminatory pay practices, prohibits gender-based pay discrimination. 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. 10. Maryland Minimum Wage and Overtime Law; Equal Pay for Equal Work; Employment of Minors Fact Sheet; Lie Detector Signature Sheet; Notice to Tipped Employees; Workers' Compensation Commission 410-864-5100. Maryland Equal Pay for Equal Work Provides a system of wage and health care protection for eligible workers who have suffered work-related injury or illness. All rights reserved. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Disclaimer. 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. Thats due to a lack of fines, experts say. The following is a list of various agencies and units of Maryland State Government which are concerned with some area of labor and employment, and the publications and postings which are required for employers by law:. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Should an employee fail to adhere to such limitations established in a written policy and subsequently suffer an adverse employment action, the employer may use the policy as an affirmative defense to an employees claim against the employer. Provides a system of wage protection for eligible unemployed workers through collection and administration of unemployment insurance tax contributions from employers. Please understand that merely contacting us does not create an attorney-client relationship. Thats a Bargain. How The U.S. Supreme Courts Ruling On College Affirmative Action Supreme Court Redefines Undue Hardship when Addressing Religious Telephone and Texting Compliance News: Commission Seeks to Clarify Michigan Legislature Passes Package of Bills Implementing Proposal 2, A Closer Look: India EB-3 Retrogression in Context. The time limit for filing an EPA case in court is two years from the day the last discriminatory paycheck was received or, in the case of a willful violation, within three years. Schrof v. Clean Earth, Inc., 2023 BL 189305, D. The Act amends Maryland's existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex in a number of significant ways. PDF Equal Pay For Equal Work - Maryland Department of Labor It applies to a person engaged in a business, industry, profession, trade, or other enterprise in Maryland and includes a person who acts directly or indirectly in the interest of another employer with an employee. Background Checks, Diversity and Inclusion, Employment Law, Maryland, Pay Equity, State Developments. Yes and no. U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful OSTP Announces New Action Plan to Bolster, Expand, and Diversify the End-Stage Renal Disease Prospective Payment System CY 2024 Rule Update. Equal Pay for Equal Work Fact Sheet (Word) - new changes effective 10/1/20, Equal Pay for Equal Work Claimant Authorization Form (Word) An official website of the United States government. limiting or depriving an employee of employment opportunities that would otherwise be available to the employee but for the employees sex or gender identity. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Bloomberg Markets live from New York, focused on bringing you the most important global business and breaking markets news and information as it happens. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} understand that under Md. Heres what you need to know. Marylands Equal Pay for Equal Work law, passed in 2016 to expand Marylands prohibitions against discriminatory pay practices, prohibits gender-based pay discrimination. Md., BPG-22-1533, 6/1/23 The Equal Pay for Equal Work law prohibits an employer form discriminating between employees by paying employees of one sex or gender identity less than other employees under certain circumstances or providing less favorable employment opportunities based on a workers sex or gender identity. Better Ways for Law Firms to Promote Their Successes on Social Media, Supreme Court Limits Foreign Reach of U.S. Maryland Equal Pay Commission Members Any individual who files an equal pay claim, or assists an individual in filing an equal pay claim is protected against unlawful retaliation by their employer. For violations of the pay transparency provision of the Act, if an employee proves that his or her employer knew or reasonably should have knownthat the employers conduct violated the Acts pay transparency provisions, then an affected employee may obtain injunctive relief and actual damages, as well as liquidated damages in an amount equal to actual damages. Div. Explore whether adequate insurance exists for claims based upon the New Act. PDF Maryland Equal Pay for Equal Work Claimant Authorization It adds a requirement that employers provide a wage range for a position to applicants upon request and creates a salary history ban. Below we discuss the key provisions of the Act. 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. PDF EQUAL PAY FOR EQUAL WORK - Dickinson College Labor and Employment Publications in Maryland - The Maryland Guide to PDF Maryland Equal Pay for Equal Work Complaint Form The poster is availablehere. State law generally prohibits an employer with at least 15 employees from discharging, failing or refusing to hire, or otherwise discriminating against any individual with respect to the individual's compensation, terms, conditions, or privileges of employment because of race, color, religion, sex, age, national origin, marital status, . And advocates say transparency needs to be paired with enforcement. Citizenship and Immigration Services (USCIS) to determine whether they are eligible to move forward with the last stage of their employment-based or family-sponsored permanent residence (green card) process. Maryland has joined a wave of other states and local jurisdictions that restrict an employers ability to inquire into an applicants salary history during the hiring process. Specifically, the amended law states that employers may not: "prohibit an employee from inquiring about, discussing, or disclosing the wages" of other employees; .manual-search ul.usa-list li {max-width:100%;} Discussion of Commission materials/resources IV. Under this law, it does not matter how many employees you have, and most employees across both the public and private sectors are covered. 12 Maryland Labor Las Questions? : Weekly Bi-weekly Monthly Semi-monthly Other (explain) 12. . Maryland Legislature Passes Hairstyle Discrimination, Facial A seniority system that does not discriminate on the basis of sex or gender identity. 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. Employers should also review their application materials to be sure they do not require applicants to provide information about salary history. Marylands Equal Pay for Equal Work Act (the Act) is scheduled to take effecton October 1, 2016. Know Your Rights: Workplace Discrimination is Illegal | U.S. Equal He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. Does the Equal Pay for Equal Work law apply to all employers? Equal pay - Employer.gov zNyTd-by/(;Mvz]alMPy^p>-qR|/]Ln7o^S0F.?MqwAA t'Yovc9t K7*7)_E_tjz]hs,^ ~ 9Z)0)02] One can foresee a situation where an employer in Montgomery County, Maryland pays higher wages to employees who work in Bethesda or Potomac (which are part of or close to Metropolitan D.C.), than those who work in places like Clarksburg, Maryland.
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