Section 3-1703 – Actions by Essential Employers During Emergency
During an emergency, each essential employer shall: (1) provide working conditions that comply with applicable safety standards adopted by a federal or State agency; (2) subject to availability, provide necessary amounts of safety equipment recommended for usage during the emergency at no cost to essential workers; (3) adopt, maintain, and post written protocols to ensure an essential worker’s […]
Section 3-1704 – Right of Essential Worker to Refuse an Assigned Task
An essential worker has a right to refuse to perform an assigned task as provided under § 5–604 of this article and corollary regulations.
Section 3-1705 – Proactive Steps by Essential Employer if Worker Contracts Communicable Disease — Employer to Pay Cost of Testing — Reporting of Positive Test Results
(a) During an emergency, if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed. (b) (1) Except as provided in paragraph […]
Section 3-1706 – Public Health Emergency Leave — Paid Leave Provided by Essential Employer — Use by Essential Employees — Documentation Required
(a) (1) In this section the following words have the meanings indicated. (2) “Family member” means: (i) a biological child, an adopted child, a foster child, or a stepchild of the essential worker; (ii) a child for whom the essential worker has legal or physical custody or guardianship; (iii) a child for whom the essential worker stands in loco parentis, regardless […]
Section 3-1707 – Restrictions on Reclassifying of Workers
An essential employer may not knowingly misclassify an essential worker as an independent contractor or other classification in order to avoid paying an essential worker any benefits due during an emergency under this subtitle.
Section 3-1708 – Actions by Employee if Employer Allegedly Violates Subtitle — Written Complaint
(a) If an essential worker believes that an essential employer has violated § 3–1604 of this subtitle: (1) the essential worker may seek enforcement of rights under § 5–604 of this article; and (2) the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article. (b) (1) If an essential worker believes that an essential […]
Section 3-1709 – Citation of Subtitle
This subtitle may be cited as the Maryland Essential Workers’ Protection Act.
Section 3-1608 – Judicial Review of Commissioner Actions — Actions Not Stayed — Court Determinations
(a) (1) A person aggrieved by a regulation adopted by or an order to pay wages issued by the Commissioner under this subtitle may file a complaint in circuit court within 60 days after the date of publication of the regulation or order to pay wages to have it modified or set aside. (2) A copy of the […]
Section 3-1609 – Actions Brought by Covered Employee Against Employer — Written Requests by Employee — Agreement by Employee Not Defense — Award to Covered Employee
(a) If an employer pays a covered employee less than the wage required under this subtitle, the covered employee may bring an action against the employer to recover: (1) the difference between the wage paid to the covered employee and the wage required under this subtitle; (2) an additional amount equal to the difference between the wage paid […]
Section 3-1408 – Leave Rights Under This Subtitle
(a) This subtitle may not be construed to diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater organ donation leave rights to employees than the rights established under this subtitle. (b) The rights established for employees under this subtitle may not be diminished […]