If the Commissioner determines the law has been violated, the Commissioner will work to resolve any issue or may ask the Attorney General to bring an action on behalf of the employee. During this legislative session, the Maryland General Assembly passed two amendments to the states Equal Pay for Equal Work law. The Act amends Maryland's existing Equal Pay law, expanding its protections. Under the Lilly Ledbetter Fair Pay Act of 2009, however, the 45-day requirement to contact an EEO counselor is renewed each time an individual is allegedly paid wages, benefits, or other compensation less than someone from another protected class performing substantially similar duties. Rather, the new law also prohibits providing less favorable employment opportunities based on sex or gender identity. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Thats a Bargain. Maryland Equal Pay for Equal Work As of October 1, 2016, the Act raises the stakes for failing to remedy pay equity issues for Maryland employers. PDF (Senate Bill 481) Labor and Employment Equal Pay for Equal Work - Maryland The Act makes clear that despite these employee protections, the Act does not give employees license to disclose: (1) their employers proprietary information, trade secret information, or other information that is otherwise subject to a legal privilege or protected by law; or (2) wage information of the employer to the employers competitor. Jobs that require different abilities or skills. The new legislation took effect on October 1. What does the Equal Pay for Equal Work Law cover? The data thats 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. 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. Maryland Equal Pay Commission Members There are several elements that must be met in compensation discrimination complaints under the Equal Pay Act. $6 word/_rels/document.xml.rels ( N0EHC=q-pGQZr{^> m:)r @TwKxqK"LpK9Uq~|dNQSjfb@ZuCX4K)Ak)ud45"teO-!rMb*h~BB*fC\_RCB>Y! and expands both the scope of the law and its remedies. Also, managers, hiring personnel and human resources employees must be trained on these new restrictions during the hiring process. The federal Equal Pay Act of 1963 requires that men and women in the same workplace receive equal pay for equal work. If the employee proves that his or her employer knew or reasonably should have knownthat wages paid to employees differed on the basis of sex or gender identity and there was no legitimate non-discriminatory reason for the variance, the affected employee may obtain injunctive relief and damages. Work that is performed on different shifts or at different times of day. 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. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by the use of this site. Who is Protected? Just last month, Gov. If an employer knew or reasonably should have known that the employers actions violate the Equal Pay for Equal Work law, an affected employee may bring an action against the employer for injunctive relief and to recover the difference between the wages paid to one sex or gender identity and the wages paid to employees of another sex or gender identity who do the same type of work as well as liquidated damages. a bona fide factor other than sex or gender identity including education, training or experience under certain circumstances. All rights reserved. I,, have filed a complaint with the Department of Labor, Division of Labor and Industry, Employment Standards Service (ESS) under the Equal Pay for Equal Work law, Md. Equal pay - Employer.gov 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. 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. In the UK, for example, the gap hasnt budged since reporting was implemented in 2017. The only daily news program focused exclusively on technology, innovation and the future of business hosted by Ed Ludlow from San Francisco and Caroline Hyde in New York. SvD PDF Maryland Equal Pay for Equal Work Claimant Authorization Its shining a light on the progress or the lack thereof in pay practices and which measures are actually effective. 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. Penalties assessed by the commissioner are subject to notice and hearing requirements. Maryland Passes New Pay Equity Law - Ogletree Deakins In Decision that Vacates a $96 Million Award, SCOTUS Limits United States Trademark Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Tax Credits for Electric Vehicle Batteries Under the Inflation Reduction Act: Free CAUTIONARY CONTINUANCE: Enforcement of Californias CPRA Regulations Takes a Pause U.S. It is unclear when the Commission will release these standards. For example, employers may establish reasonable workday limitations on the time, place, and manner for inquiries, discussions, or disclosures about employee wages, provided such limitations are set forth in awritten policyprovided to their employees. Specifically, the amended law states that employers may not: PK ! In other words, only upward adjustments will be permitted to correct any wage disparities. 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. The Current Law. Before sharing sensitive information, make sure youre on a federal government site. The statute defines providing less favorable employment opportunities" broadly to include the assigning or directing of an employee into a less favorable career track; failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or limiting or depriving an employee of employment opportunities that would otherwise be available but for the employees sex or gender identity. 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. The disparities targeted by the statute are not limited to salary or pay. Page 2 of 3 SECTION III. & 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 Prior to the amendment, employers were only prohibited from taking adverse action in response to an employees inquiry about another employees wages. Roundup: US employer resources on states' recent equal pay laws - Mercer Code Ann., Lab. For additional information on the federal sector EEO process in general: For additional information on equal pay claims generally, see: 1Since passing the EPA, Congress has expanded federal protection against compensation discrimination through additional laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, and Section 501 of the Rehabilitation Act of 1973. .manual-search ul.usa-list li {max-width:100%;} It adds a requirement that employers provide a wage . As Lilly M. Ledbetter, the woman whose name was attached to a 2009 law that ensured equal pay for women, watched from the gallery, the Senate voted, 52 to 47, to open debate on the legislation, 8 . . House Holds Hearing on MACRA Challenges, but Meaningful Reform Is Canada Makes a Competitive Play for H-1B Holders. The new legislation took effect on October 1. Yes and no. /*-->*/. 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. Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal 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. That notion has driven a push toward pay transparency around the world, engineered through a rush of legislation and directives over the past few years. Employment Information 1. t*i,%oZi. Employers who are federal government contractors are familiar with the Department of Labors Office of Federal Contractor Compliance Programs focus on a theory of discrimination known as steering, whereby the employer is accused of discriminating against employees by directing employees who are members of a protected class toward lower paying jobs. The written policy also must not diminish employees rights to negotiate the terms and conditions of employment under Federal, State, or local law. This includes any protections that the National Labor Relations Act may provide with respect to speech in the workplace. Maryland. Larry Hogan signed into law the "Equal Pay for Equal Work Act," an act strengthening Maryland's equal pay laws that we championed It prohibits employer efforts to silence employees. Employers may not retaliate against or refuse to interview, hire or employ an applicant who does not provide a wage history or requests a wage range from the employer. Announces Fulfillment of EU-U.S. Data Privacy Framework Hunton Andrews Kurths Privacy and Cybersecurity, EDPB Adopts Guidance on Controller Binding Corporate Rules. 410-864-5100. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Congressman Harris is standing against Maryland values and equal pay Here's why equal-pay activists are looking toward Maryland (a) n this subtitle the following words have the meanings indicated.I (b)(1) "Employer" means: Far from sitting idle, the Maryland General Assembly recently passed a broad array of workplace legislation without the governors signature. Div. 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. 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. PDF Maryland Equal Pay for Equal Work Maryland values equal pay. Anti-Retaliation in Equal Pay Claims. Hljn/N/ ZcU$QMIqO~|CJei:LR4bxe"y-"{~t_;H=KZO,dQJ(.cMkIi}W}u\x^_.KF4iw A]PUv#EgPMY\4Kq sh7??&h7q^L*q\\bG pQEmaPB|TRY5x(@a=@"D! The Maryland Equal Pay for Equal Work law prohibits an employer from discriminating between employees by: (1) 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; and (2) providing less favorable employment opportunities as defined by the law, based on sex and . Previously, the law applied only to employees and not job applicants. Code Ann., Lab. aiding or encouraging another employees exercise of rights under the law. For employers that already use, or may be planning to use, a facial recognition service during hiring, HB1202 requires that candidates sign a waiver prior to the start of the interview. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Indeed, Maryland employers will now be at increased risk of pay equity lawsuits, including those brought on behalf of classes of similarly situated employees. Previously, the law applied only to employees and not job applicants. An employee is considered to be working at the same establishment as another employee if the employee works for the same employer at workplaces located in the same county including Baltimore City. An employer can pay a variation in a wage that is based on: The law provides that an employee may demonstrate that an employers reliance on the systems or factors listed above is a pretext for discrimination on the basis of sex or gender identity. Employment Standards Service (ESS) - Maryland Department of Labor >(is +52WJ(L#q"kkXk? Under the Act, that location-based pay differential could provide fodder for pay discrimination claims, although the employer will have the ability to defend that wage differential as a bona fide factor justifying the disparity. And advocates say transparency needs to be paired with enforcement. Both were enacted without Governor Lawrence Hogan, Jr.s signature and will be effective October 1, 2020. (i) paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if 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; or EDF Is Changing Nuclear Fuel Cladding Amid Report of China Issue, China Has Ample Tools Even in Panic Yuan Drop, PBOC Paper Says, BOEs Dovish Talk May Have Worsened UK Inflation, Economists Say, South Africas Kganyago Sees High Rate-Pain Relief on Horizon, JPMorgan Sees Risks of 7% Interest Rate, Hard Landing in UK, A Former FinanceExecs Working Greenwich Farm Hits the Market, Commercial Property Fears Create Opportunities, Blackstone Real Estate Co-Head Says, International School Worth Close to $1 Billion Turns CEO Into Multimillionaire, Alibaba Gets Home-Province Backing for AI, Digital Economy Plans, Biden Administration Ordered to Limit Social Media Contacts, US to Curb China Access to Cloud Services Like Amazon, WSJ Says, Will AI Take My Job? calling from Maryland but outside the Baltimore area - 1-800-827-4839 Larry Hogan (R) holds a bill-signing ceremony on May 19 in Annapolis. Teamsters Local 237 NYPD School Safety Agents, Workplace Protections for Federal Employees, Coronavirus Information - Emergency Response Personnel. A seniority system that does not discriminate on the basis of sex or gender identity. Filing a complaint with CRC under the EPA does not extend the time limit for filing in federal district court. Provides a system of wage and health care protection for eligible workers who have suffered work-related injury or illness. In the UK, women and men have the legal right to equal pay for equal work. N Y [Content_Types].xml ( n0E1tQUE=CNDBK{?\"Y@.KJfcgIDa(!?^{ m?p``kr/vtbK6?A.&+\|zj,2Mi) E-R/#lRRnzLxC Gd$ 2023, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. An establishment is a distinct physical place of business rather than an entire business or enterprise consisting of several places of business. Rely on an applicants voluntarily provided wage history to support a wage offer higher than the initial wage offered; or. COVID-19 has certainly not slowed down legislators in Annapolis. Maryland Equal Pay for Equal Work Complaint Form. understand that under Md. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Maryland Gov. 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. Maryland's New Employment Laws: WARN Act, Equal Pay, CROWN Act Each month, foreign nationals await timely announcements from the U.S. Department of States (DOS) Visa Bulletin and U.S. providing less favorable employment opportunities as defined by the law, based on sex and gender identity. Maryland Commission on Civil Rights 204 N.J. 239 (2010). PDF Equal Pay For Equal Work - dllr.state.md.us Code Ann., Lab. C]|!ez s-n>8 1="+Fh?q]@9Ia (~7um`UK; OybR@[F IllNER(8i? 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