Labor Law Updates

Text stating that the Commissioner of Labor and Industry may grant exceptions to the number of hours and occupations worked by minors was removed.

Text stating that employers who are subject to the Federal Fair Labor Standards Act (FLSA) will be found in violation of the law if they follow Maryland’s less-restrictive State Standards instead of the Federal Standards was removed.

Text stating that those interested in federal child labor law can visit the U.S. Department of Labor’s Wage and Hour Division website was added, and a link to the site was provided. Old text, stating that those interested in Federal Standards can contact the Wage and Hour Division by phone, was removed.

The notice is available in English and Spanish.

The definition of sexual harassment was updated to include auditory, visual and written conduct. One of the phone numbers to the Equal Employment Opportunity Commission in Boston was removed. Some language was changed regarding employer obligations (“It is the policy of the employer to…” to “Employers must…”). 

Additional information was added regarding employers’ obligations to employees, and employees’ rights and obligations. The category of “genetic testing” was also expanded to include preventative cancer screenings, and definitions were added for the terms “labor organization,” “medically necessary,” and “preventative cancer screening.”

This change applies to all employers. The notice is available in English and Spanish.

Information about employment certificates has been removed from the Child Labor section. Penalty amounts for child labor violations have increased. Penalty amounts should not be less than $100 and not more than $5,000 for each violation.

The Know Your Rights: Workplace Discrimination is Illegal notice has been updated to include more rights for employees with disability, pregnancy, or related medical condition. The sections “What Types of Employment Discrimination are Illegal?” and “What Employment Practices can be Challenged as Discriminatory?” are now updated. There are now more categories to protect those with a disability, pregnancy, or related medical condition against discrimination.

The definition of a covered family member has been expanded to include parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, civil union partner, any other individual related by blood to the employee, or any other individual that the employee shows to have a close association with the employee which is the equivalent of a family relationship.

The notice is now made up of eight sections: Eligible Employees, Covered Reasons for NJ SAFE Act Leave, When NJ SAFE Act Leave May Be Taken, NJ SAFE Act and Other Leave Laws, Notice and Documentation of NJ SAFE Act Leave, Prohibition Against Retaliation Under the NJ SAFE Act, Seeking a Remedy Under the NJ SAFE Act, and Need Additional Support?

The Delaware poster now includes a section about Wage Theft. The notice is available in English and Spanish.

Effective January 1, 2023, the Federal Contractor minimum wage will increase to $12.15 per hour. The minimum wage will increase to $16.20 per hour if renewed or extended covered contracts are entered on or after January 30, 2022.

Effective January 1, 2023, the minimum wage in Missouri will increase to $12.00 for private employees, and $6.00 for tipped employees. Publication date of 11/2022. The notice is available in English and Spanish. 

Effective September 30, 2022, the minimum wage in Florida will increase to $11.00 per hour for most employees and $7.98 per hour for tipped employees. The notice is available in English and Spanish.

Effective January 1, 2023, the minimum wage in Minnesota will increase to $10.59/hour for large employers, and $8.63/hour for small employers, training wages, youth wages and workers with a J-1 Visa. New publication date of 10/2022. The notice is available in English and Spanish.

Effective October 1, 2022, the minimum wage in Hawaii will increase to $12.00 per hour. Publication date of 6/22/2022.

18-year-olds are now allowed to serve alcoholic beverages if the licensee is Responsible Vendor Program (RVP) certified. The notice is available in English and Spanish.

The Unemployment Contact Center section of the notice has been reformatted. Available in English and Spanish.

The notice now defines when you can file an RA claim. (The first-week employment ends or hours are reduced). More detail is provided regarding how to file a claim online and by phone. The information required to file a claim is now also listed on the notice. New revision date of 5/20.

Employees may file a complaint with OSHA within 30 days of an act of retaliation or discrimination by an employer for making safety and health complaints or exercising their rights under the OSH Act. Employees have the right to receive copies of their medical records or records of their exposure to toxic and harmful substances or conditions. Employees must comply with all occupational safety and health standards issued under the OSH Act that applies to their own actions and conduct on the job. Employers must comply with the occupational safety and health standards issued under the OSH Act.

Coverage is now required for extra-hazardous industries and occupations. Employers in non-extra-hazardous industries may also opt for this coverage.

Expanded information prohibits age discrimination against individuals who are 40 years of age and above. Individuals may exercise their rights without retaliation. New Revision Date of 3/1/17.