EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1413*
HOUSE BILL 1413
K3, P4, L6 5lr2017
By: Delegates Behler and J. Lewis
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Employer Communications During Nonworking 2
Hours – Right to Disconnect 3
FOR the purpose of requiring employers to establish a policy that provides employees a 4
certain right to ignore communications from the employer during nonworking hours 5
and establishes nonworking hours by written agreement; prohibiting, except under 6
certain circumstances, an employer from requiring that an employee communicate 7
with the employer during nonworking hours; and generally relating to the right to 8
disconnect from employer communications during nonworking hours. 9
BY adding to 10
Article – Labor and Employment 11
Section 3–103(e)(7) and 3–718 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Labor and Employment 17
3–103. 18
(e) (7) THE COMMISSIONER MAY INVE STIGATE WHETHER § 3–718 OF 19
THIS TITLE HAS BEEN VIOLATED ON RECEIPT OF A WRITTEN COMPLAI NT OF AN 20
EMPLOYEE. 21
3–718. 22
2 HOUSE BILL 1413
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) (I) “EMPLOYER” MEANS: 3
1. A PERSON ENGAGED IN A BUSINESS, AN INDUSTRY, A 4
PROFESSION, A TRADE, OR OTHER ENTERPRISE IN THE STATE; OR 5
2. A UNIT OF STATE OR LOCAL GOVERN MENT. 6
(II) “EMPLOYER” INCLUDES AN AGENT , A REPRESENTATIVE , 7
AND A DESIGNEE OF TH E EMPLOYER. 8
(3) “NONWORKING HOURS ” MEANS THE HOURS BEFORE AND AFT ER 9
AN EMPLOYEE’S ASSIGNED HOURS OF WORK. 10
(B) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE COVERED BY A 11
COLLECTIVE BARGAININ G AGREEMENT . 12
(C) AN EMPLOYER SHALL EST ABLISH A POLICY THAT : 13
(1) PROVIDES EMPLOYEES T HE RIGHT TO IGNORE COMMUNICATION S 14
FROM THE EMPLOYER DURING NONW ORKING HOURS ; AND 15
(2) ESTABLISHES NONWORKI NG HOURS BY WRITTEN AGREEMENT 16
BETWEEN THE EMPLOYER AND EMPLOYE E. 17
(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , AN 18
EMPLOYER MAY NOT REQUIRE THAT AN EMPLOYEE COMMUNICATE WITH THE 19
EMPLOYER DURING NONWORKING HO URS IN ACCORDANCE WITH T HE POLICY 20
ESTABLISHED UNDER SU BSECTION (C) OF THIS SECTION. 21
(E) AN EMPLOYER MAY REQUIRE THAT AN EMPLOYEE COMMUNICATE WITH 22
THE EMPLOYER DURING NONWORKING HO URS: 23
(1) REGARDING A C HANGE TO THE EMPLOYE E’S SCHEDULE THAT 24
OCCURS WITHIN 24 HOURS BEFORE THE CHA NGE IS TO TAKE EFFEC T; OR 25
(2) IF THERE IS AN UNFORESE EN SITUATION THAT : 26
(I) THREATENS THE HEALTH OR SAFETY OF AN EMPL OYEE, A 27
CUSTOMER, OR THE PUBLIC; 28
HOUSE BILL 1413 3
(II) DISRUPTS OR SHUTS DO WN OPERATIONS OF THE 1
EMPLOYER; OR 2
(III) CAUSES OR THREATENS TO CAUSE PHYSICAL OR 3
ENVIRONMENTAL DAMAGE TO THE WORKPLACE . 4
(F) (1) IF AN EMPLOYER VIOLAT ES SUBSECTION (D) OF THIS SECTION, AN 5
EMPLOYEE OF THE EMPL OYER MAY FILE A COMP LAINT WITH THE COMMISSIONER . 6
(2) IF THE COMMISSIONER RECEIVES A WRITTEN COMPLAINT UNDER 7
PARAGRAPH (1) OF THIS SUBSECTION , THE COMMISSIONER SHALL: 8
(I) TRY TO RESOLVE THE I SSUE INFORMALLY ; OR 9
(II) DETERMINE WHETHER TH E EMPLOYER HAS VIOLA TED THIS 10
SECTION. 11
(3) IF THE COMMISSIONER DETERMIN ES THAT THE EMPLOYER HAS 12
VIOLATED THIS SECTIO N, THE COMMISSIONER SHALL : 13
(I) ISSUE AN ORDER COMPE LLING COMPLIANCE WIT H THIS 14
SECTION; AND 15
(II) IN THE COMMISSIONER ’S DISCRETION , ASSESS A CIVIL 16
PENALTY OF: 17
1. UP TO $300 FOR EACH EMPLOYEE FO R WHOM THE 18
EMPLOYER IS NOT IN C OMPLIANCE WITH THIS SECTION; OR 19
2. UP TO $600 FOR EACH EMPLOYEE FO R WHOM THE 20
EMPLOYER IS NOT IN C OMPLIANCE WITH THIS SECTION IF THE VIOLATION 21
OCCURRED WITHIN 3 YEARS AFTER AN EMPLO YEE FILED A PREVIOUS COMPLAINT 22
THAT LED TO A DETERM INATION THAT A VIOLA TION HAD OCCURRED . 23
(4) THE PROVISIONS OF PARAGR APHS (2)(II) AND (3) OF THIS 24
SUBSECTION ARE SUBJE CT TO THE NOTICE AND HEARING REQUIREMENTS OF TITLE 25
10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 26
(5) IF THE EMPLOYER FAILS TO COMPLY WITH AN OR DER ISSUED FOR 27
A VIOLATION UNDER PARA GRAPH (3) OF THIS SUBSECTION , THE COMMISSIONER 28
MAY BRING AN ACTION TO ENFORCE THE ORDER AND CIVIL P ENALTY IN THE 29
CIRCUIT COURT IN THE COUNTY WHERE THE EMP LOYER IS LOCATED . 30
4 HOUSE BILL 1413
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2