Maryland Requires Notification of New Employee Protections; New Labor Law Poster Required

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Maryland has released two new labor law notices related to new employee protections: tipped employee wage protections and pregnancy accommodations.

New Law #1: Notice to Tipped Employees (Labor & Employment Art., §3-713(c))

Maryland law now requires employers to post a notice of tipped employees’ rights relating to non-paying customers. Under the law, if a customer leaves a place of business without paying for food or beverages, an employer may not:

  • require a tipped employee to reimburse or pay the employer to cover the customer’s charge, or
  • take a deduction from wages of the tipped employee to cover the amount due.

A tipped employee is one who customarily receives more than $30.00 a month in tips. Tipped employees are advised to contact the Division of Labor and Industry in the event of an improper payment or deduction.

Who must post? Businesses with tipped employees that provide food or beverages.

New Law #2: Reasonable Accommodations for Pregnancy (State Government Art., §20-609)

The Maryland Commission on Civil Rights is still developing the final posting but it has released interim Guidelines regarding this new law. Upon request of an employee having a disability due to pregnancy, employers are now required to:

  • explore reasonable job accommodations with the employee, and
  • may not interfere with or retaliate against the employee for exercising rights under the law.

Accommodation options include:

  • changing job duties
  • changing work hours
  • relocating work area
  • providing assistive devices
  • transfers to less strenuous or less hazardous position, and
  • providing leave.

Who must post? All employers with 15 or more employees. Employers are also required to include in employee handbooks information concerning an employee’s right to reasonable accommodations and leave for a disability due to pregnancy. Employers can require certification of medical advisability from a health care provider.

The laws are effective Oct. 1, 2013. CPC’s updated Maryland State All-On-One labor law poster features both the Notice to Tipped Employees and the Reasonable Accommodations for Pregnancy Guidelines.