Maryland State General Assembly Passes Bill Strengthening Wage & Hour Anti-Retaliation Provisions

Annapolis - Maryland State House

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The Maryland General Assembly passed bill HB 1130, which is expected to be signed into law by the governor and would significantly expand and strengthen anti-retaliation provisions of Maryland wage and hour law.  Currently, employers are prohibited from firing an employee that complains about violations of wage and hour laws such as an employer unlawfully refusing to pay overtime or pay wages at or above the minimum wage.  This bill would amend the law by also prohibiting employers from demoting employees or taking “any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action” brought under Maryland wage and hour law.

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Workplace Fraud Act of 2009 Will Go Into Effect on October 1, 2009

Maryland’s Workplace Fraud Act of 2009 will go into effect on October 1, 2009.   Under the new law, employers in the landscaping and construction industries that knowingly misclassify employees may be subject to a civil penalty of up to $5,000 per misclassified employee.  An employer that misclassifies an employee three or more times can be assessed an administrative penalty of up to $20,000 for each misclassified employee.  Additionally, employers who fail to produce requested records may be subject to a fine of up to $500 per day for each day the records are not produced.  Although the Act is limited to the landscaping and construction industries, employees in other industries can still seek damages for improper classification under the Fair Labor Standards Act.