New Laws Taking Effect on October 1, 2020

This is a sample of the new laws taking effect on October 1, 2020. A full list can be found on the Maryland General Assembly’s website (http://mgaleg.maryland.gov/mgawebsite/Legislation/Report?ID=chapters).

1.      Anti-discrimination laws:  This new law, among other things, prohibits employment discrimination based on certain traits, such as hairstyle and hair texture, associated with race.  Specifically, the bill prohibits discrimination on the basis of a “protective hairstyle,” which includes “braids, twists, and locks,” and clarifies that the definition of “race” also includes “traits associated with race, including hair texture, afro hairstyles, and protective hairstyles.”  

2.     Salary history and inquiries:  (a) Employers are required to provide the salary range to an applicant for the position for which they applied. (b)     Employers are prohibited from making salary history inquiries to an applicant or former employer. This does not prohibit an employee from volunteering their salary history. (c) Employer are prohibited from retaliating against or refusing to interview, hire or employee an applicant who requests salary information or refuses to provide their salary history.  (d) Employers are prohibited from taking action against an employee who asks about their own wages.   

3.     Notice requirements to employees prior to layoffs:  This amendment applies to employers with at least 50 employees that operate an industrial, commercial or business enterprise in Maryland for at least one year. Employees who work on average, less than 20 hours per week or employees who have worked less than 6 months in the immediately preceding 12 months are not counted in the 50-employee requirement.  Notice must be given:  (a) When an employer is relocating part of its operations to another existing site or a new proposed site.  (b) The shutting down of a workplace or a portion of the operations of a workplace that reduces the number of employees by the greater of either 25% or 15 employees over a 3-month period.  (c) Usually notice must be given at least 60 days in advance.  (d) The notice must contain the name and address of the affected workplace, a supervisor’s name, telephone number and email address, whether the reduction in operations is expected to be permanent or temporary and whether the workplace is expected to shut down and when the expected reduction in operations is scheduled to begin.   

4.     The use of facial recognition software during pre-employment job interviews is prohibited without the applicant’s consent.   

5.     Child support guideline changes: Currently the law requires that a child have at least 128 overnight visits with each parent in order to qualify for shared custody in child support calculations.  The new law changes the threshold to 92 overnight visits.     

6.     Hate crimes and the use of symbols to threaten or intimidate:  A person is prohibited from placing or inscribing an item or symbol, including an actual or depicted noose or swastika with the intent to threaten or intimidate any person or group of persons on any real or personal property, public or private without the express permission of the owner.