Sunday, October 6, 2024

New Maryland Laws Effective October 1, 2024

Maryland Has a New Heat Standard  that requires all workers to have access to water, shade, and rest breaks when temperatures exceed 80 degrees — it joins just a handful of other states that have standards protecting workers from extreme heat. There is no federal heat standard

In Maryland, workers now must be provided with at least 32oz of water, shaded breaks, and training on the symptoms of heat illness, including prevention. The regulations apply to both indoor and outdoor worksites where the  index can be regularly in excess of 80 degrees.

When the heat index exceeds 90 degrees, workers must have ten minutes of cooled rest (taken in the AC or shade) for every two hours' worth of work.  At a 100 degree heat index, that rest period increases to fifteen minutes for every hour worked

When high heat procedures are in place, employers must monitor for heat sickness via phone or radio, the buddy system, or other alternative means.  Employers must keep written heat plans and must also include procedures for acclimatizing workers to heat.

The Occupational Safety and Health Administration reports that 50-70% of outdoor heat-related fatalities occur within the first few days of working in a warm or hot environment when the body hasn’t had time to adjust. In the thirty year span between 1992 and 2022, nearly 1,000 workers across all industry sectors have died from heat exposure according to data from the Bureau of Labor Statistics

 

Pay Transparency in Job Postings

The new pay transparency legislation enacted this year imposes an obligation on Maryland employers to include information about the wage range for any position that the employer posts in an internal or external forum.  An employer will now be required to disclose the “wage range” for a position as part of the posting and defines “wage range” as the minimum and maximum hourly rate or salary for the position as set in good faith by the employer.   

Mandatory Disclosures in Pay Statements

Maryland employers will now be required to provide specified information to employees every payday regarding their compensation. The information that employers are required to provide to employees under the new law includes:

·         The employer’s legal name as registered with the State of Maryland, as well as the employer’s address and telephone number;

·         The date of payment and the dates of the payroll period to which the payment relates;

·         The number of hours worked by the employee during the pay period (this information does not need to be included for employees who are working in positions that are exempt for purposes of the State’s overtime law);

·         The employee’s rate of pay;

·         The gross and net pay earned during the pay period;

·         The amount and name of all deductions from the employee’s pay;

·         A list of any additional types of pay being received by the employee in the paycheck, such as commissions or bonuses; and

·         If the employee is paid at a piece rate, the applicable piece rate and the number of pieces completed at each such rate.

 

Paid Family and Medical Leave Insurance Program Changes Employers can opt for a commercial or self-insured plan if they meet specific requirements. This law affects all Maryland employers with at least one employee.

HB0602 expands protections in the Equal Pay for Equal Work Law to include pay discrimination based on sexual orientation and military status, covering service members and their families.

HB38 prohibits Baltimore's Mayor and City Council from requiring new off-street parking for residential developments near public transit stations. This aims to promote the use of public transportation.

HB1032 establishes a new signage program to guide drivers to tourist attractions, enhancing travel experiences.

HB1507/SB70 mandates that the Maryland Transit Administration must assess the impact of any service cuts or cancellations on bus routes and publicly share this information ahead of public hearings.

HB43/SB316 allows licensed drivers to operate golf carts on certain roads,

HB337/SB315 increases penalties for drivers who fail to yield to cyclists in designated lanes.

HB161/SB277 allows certain individuals, including those recently released from correctional facilities, to obtain state ID cards without fees.

HB1206 establishes a Maryland-Ireland Trade Commission to enhance trade relations,

HB981 requires state services to improve accessibility for individuals with limited English proficiency.

The snakehead bill, which would christen the toothy, invasive species, nicknamed “frankenfish,” as the Chesapeake Channa. The hope is that people who would turn their noses up at a meal of snakehead might take a chance on channa.

House Bill 728 and Senate Bill 705 direct the Maryland Health Benefit Exchange to apply for a federal waiver that would let residents buy insurance on the state’s marketplace regardless of their documentation status. If approved, it could open the door for thousands of undocumented and uninsured state residents who are currently barred from using the marketplace to go there for affordable health care plans.

Another bill will shield health care providers in Maryland from liability if they help out-of-state patients obtain gender-affirming care, so long as the services provided are legal in Maryland. SB 119 also protects those who seek gender-affirming care in Maryland from being surrendered back to a state where the treatment is prohibited.

SB 35 and HB 666 will mean a few extra dollars a month for older Marylanders getting federal food assistance. The state currently gives an extra $40 a month to those aged 62 and above in the federal Supplemental Nutrition Assistance Program, or food stamps. The new law lowers the eligibility age to 60 and boosts the monthly benefit to $50 to help pay for groceries.

The Renters’ Rights and Stabilization Act  creates a state Office of Tenants and Landlord Affairs that will help tenants know their protections and legal recourse under Maryland law. It also raises certain fees in the eviction process to reduce the number of unnecessary evictions.

The Tenant Safety Act will enable multiple tenants to jointly file a complaint with the local district court and collectively put rent payments in escrow while the complaint is adjudicated.

A law creating the Center for Firearm Violence Prevention and Intervention, which will take a data-driven, public health approach to gun violence prevention in the last legislature. The center, housed in the state Department of Health, will be geared toward collaboration between state and local government agencies, hospitals and community-based violence intervention programs.

 

SB 652requires the Department of Juvenile Services to report how many juveniles in its care were shot or shot someone else, along with their ages and county of residence. That report, due by Dec. 1 every year, must describe actions taken by the agency after each incident.

Future convictions for first-degree rape will not be eligible for a decrease in prison time for good behavior under SB 1098.

The “Kids Code” laws will require default privacy settings and safety measures for children using online platforms. The law limits the collection of data,  including geolocation data, from minors by social media and other companies, as well as sale of that data, among other requirements. A similar California law has been challenged in court, but not the Maryland law – so far.

Maryland’s treasurer is now among the list of state officials who cannot solicit or receive campaign donations during legislative sessions.

Minor league ballplayers in Maryland will be exempt from state wage and hour laws under HB 702 and SB 466. The players, who are already paid under union contracts, are exempt from federal minimum wage and overtime rules, and the law extends that to state law, too.

Retailers who sell products containing kratom cannot sell products not recognized by the Food and Drug Administration or that do not meet new labeling requirements. They are also barred from marketing it to minors. Kratom, derived from an evergreen tree native to Southeast Asia, is considered a substitute for opium and can be a stimulant at low doses. At higher doses, the herbal extract can have euphoric or sedative effects.

The DRIVE Act — short for the Distributed Renewable Integration and Vehicle Electrification Act — sets guidelines for utilities to create robust charging programs for electric vehicles.

A measure long sought by public health and environmental advocates lays out how artificial turf should be removed, replaced and disposed of.

A law that sets greenhouse gas emissions limits for cement producers and manufacturers.

A law that updates the state’s Chesapeake and Atlantic Coastal Bays Critical Area Protection Program to incorporate climate resilience, environmental justice, and equity measures. The bill also requires state and local governments to update maps of so-called critical areas at regular intervals.

A law that codifies the rights of citizens to sue individuals or entities that pollute local waterways. The legislation was a reaction to a 2023 U.S. Supreme Court decision that sought to limit what constitutes a navigable waterway, making it harder for polluters to be targeted in litigation.


This material was gathered from articles in Maryland Matters and other news outlets.