Maryland | Pay and Benefit Job Posting Requirements
Beginning October 1, 2024, employers will be required to post a wage range in all job postings for positions that will be physically performed, even in part, in Maryland. A wage range is defined as a minimum and maximum hourly rate or salary that’s established in good faith based on any of the following:
- Any applicable pay scale
- Any previously determined wage range for the position
- The wage range of an individual holding a comparable position at the time of the posting
- The budgeted amount for the position
Job postings must also include a general description of any benefits and other compensation offered for that position. Internal job postings, such as promotions and transfers, and all forms of recruitment (whether directly by the employer or indirectly by a third-party on the employer’s behalf) are covered by this new posting law.
If an applicant didn’t have access to the posting for a position, employers are required to provide this information to them before any discussion of compensation occurs and at any other time upon the applicant’s request.
Employers are required to maintain records showing compliance with this law for at least three years after the position was filled or posted, whichever comes later.
The state will create a form that employers can include in their job postings and provide to applicants, though using the state’s form will not be mandatory.
Action Item
Amend job postings to include the required pay information by October 1.
Maryland | Equal Pay Law Expanded
The state’s equal pay law has been expanded to include additional protected characteristics, effective October 1, 2024. Employers will be required to ensure equal pay and job opportunities for employees of different sexual orientations, races, and religious beliefs unless there are bona fide reasons for a discrepancy. Additionally, the law specifically prohibits offering less favorable job opportunities to those with disabilities.
Previously, sex and gender identity were the only protected characteristics under the state’s equal pay law.
Action Item
If you haven’t reviewed employee compensation recently, now is the time. Assess the salaries of employees performing comparable work, those within the same business unit, or those engaged in similar operations or projects. This review should verify that salaries are consistent or that any pay disparities are justified by a legitimate system or factor.
Maryland | Military Status Protected
Effective October 1, 2024, the state has updated its antidiscrimination law to include military status as a protected category. Military status is defined as being a member of the uniformed services or a reserve component of the U.S. Armed Forces or being a servicemember’s dependent. The inclusion of servicemember’s dependents makes this law notably broader than federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Maryland’s antidiscrimination law applies to employers with 15 or more employees (and employers of all sizes for harassment claims).
Action Item
Update your Equal Employment Opportunity (EEO) policy, and any other policies that include protected classes, to include military status, if it’s not included already.
Maryland | Adopts Heat Stress Standards
Maryland has adopted new heat stress standards that took effect on September 30, 2024. They apply when employees are exposed to a heat index (aka the “feels like” temperature) of 80 degrees Fahrenheit or more during work, with some exceptions. The standards require that employers take steps to protect workers, such as establishing a written heat illness prevention and management plan and providing employees with water, access to shade, and heat stress training.
The Heat Stress Standards were published in the Maryland Register on September 20, 2024.
Maryland | Prince George’s County Ban-the-Box Law Updated
Prince George’s County, Maryland, recently expanded its ban-the-box law to apply to employers with 10 or more full-time employees in the county.
Under the updated ordinance, employers also can’t inquire about or consider an applicant’s:
- Convictions and conviction records where the sentence was completed at least five years ago for nonviolent felonies, or 30 months ago for misdemeanors
- Arrests that didn’t lead to a conviction (unless probation before judgment was given)
- Arrests or convictions for cannabis possession (or related paraphernalia) if the sentence was completed, unless the conviction included intent to distribute
Additionally, the law now includes exceptions for positions that have access to personal residences and facilities that provide personal storage, along with newly defined key terms.
These changes took effect on September 16, 2024.
Action Items
Review and revise your employment applications, background check procedures, and interview questions to comply with these changes and ensure that those involved in the hiring and interview process understand these prohibitions.
