Maryland 2025 Regular Session

Maryland House Bill HB1413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1413
6	6
7	7	HOUSE BILL 1413
8	8	K3, P4, L6 5lr2017
9	9
10	10	By: Delegates Behler and J. Lewis
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Labor and Employment – Employer Communications During Nonworking 2
19	19	Hours – Right to Disconnect 3
20	20
21	21	FOR the purpose of requiring employers to establish a policy that provides employees a 4
22	22	certain right to ignore communications from the employer during nonworking hours 5
23	23	and establishes nonworking hours by written agreement; prohibiting, except under 6
24	24	certain circumstances, an employer from requiring that an employee communicate 7
25	25	with the employer during nonworking hours; and generally relating to the right to 8
26	26	disconnect from employer communications during nonworking hours. 9
27	27
28	28	BY adding to 10
29	29	Article – Labor and Employment 11
30	30	Section 3–103(e)(7) and 3–718 12
31	31	Annotated Code of Maryland 13
32	32	(2016 Replacement Volume and 2024 Supplement) 14
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
35	35	That the Laws of Maryland read as follows: 16
36	36
37	37	Article – Labor and Employment 17
38	38
39	39	3–103. 18
40	40
41	41	(e) (7) THE COMMISSIONER MAY INVE STIGATE WHETHER § 3–718 OF 19
42	42	THIS TITLE HAS BEEN VIOLATED ON RECEIPT OF A WRITTEN COMPLAI NT OF AN 20
43	43	EMPLOYEE. 21
44	44
45	45	3–718. 22
46	46	2 HOUSE BILL 1413
47	47
48	48
49	49	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 1
50	50	INDICATED. 2
51	51
52	52	(2) (I) “EMPLOYER” MEANS: 3
53	53
54	54	1. A PERSON ENGAGED IN A BUSINESS, AN INDUSTRY, A 4
55	55	PROFESSION, A TRADE, OR OTHER ENTERPRISE IN THE STATE; OR 5
56	56
57	57	2. A UNIT OF STATE OR LOCAL GOVERN MENT. 6
58	58
59	59	(II) “EMPLOYER” INCLUDES AN AGENT , A REPRESENTATIVE , 7
60	60	AND A DESIGNEE OF TH E EMPLOYER. 8
61	61
62	62	(3) “NONWORKING HOURS ” MEANS THE HOURS BEFORE AND AFT ER 9
63	63	AN EMPLOYEE’S ASSIGNED HOURS OF WORK. 10
64	64
65	65	(B) THIS SECTION DOES NOT APPLY TO AN EMPLOYEE COVERED BY A 11
66	66	COLLECTIVE BARGAININ G AGREEMENT . 12
67	67
68	68	(C) AN EMPLOYER SHALL EST ABLISH A POLICY THAT : 13
69	69
70	70	(1) PROVIDES EMPLOYEES T HE RIGHT TO IGNORE COMMUNICATION S 14
71	71	FROM THE EMPLOYER DURING NONW ORKING HOURS ; AND 15
72	72
73	73	(2) ESTABLISHES NONWORKI NG HOURS BY WRITTEN AGREEMENT 16
74	74	BETWEEN THE EMPLOYER AND EMPLOYE E. 17
75	75
76	76	(D) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , AN 18
77	77	EMPLOYER MAY NOT REQUIRE THAT AN EMPLOYEE COMMUNICATE WITH THE 19
78	78	EMPLOYER DURING NONWORKING HO URS IN ACCORDANCE WITH T HE POLICY 20
79	79	ESTABLISHED UNDER SU BSECTION (C) OF THIS SECTION. 21
80	80
81	81	(E) AN EMPLOYER MAY REQUIRE THAT AN EMPLOYEE COMMUNICATE WITH 22
82	82	THE EMPLOYER DURING NONWORKING HO URS: 23
83	83
84	84	(1) REGARDING A C HANGE TO THE EMPLOYE E’S SCHEDULE THAT 24
85	85	OCCURS WITHIN 24 HOURS BEFORE THE CHA NGE IS TO TAKE EFFEC T; OR 25
86	86
87	87	(2) IF THERE IS AN UNFORESE EN SITUATION THAT : 26
88	88
89	89	(I) THREATENS THE HEALTH OR SAFETY OF AN EMPL OYEE, A 27
90	90	CUSTOMER, OR THE PUBLIC; 28
91	91	HOUSE BILL 1413 3
92	92
93	93
94	94	(II) DISRUPTS OR SHUTS DO WN OPERATIONS OF THE 1
95	95	EMPLOYER; OR 2
96	96
97	97	(III) CAUSES OR THREATENS TO CAUSE PHYSICAL OR 3
98	98	ENVIRONMENTAL DAMAGE TO THE WORKPLACE . 4
99	99
100	100	(F) (1) IF AN EMPLOYER VIOLAT ES SUBSECTION (D) OF THIS SECTION, AN 5
101	101	EMPLOYEE OF THE EMPL OYER MAY FILE A COMP LAINT WITH THE COMMISSIONER . 6
102	102
103	103	(2) IF THE COMMISSIONER RECEIVES A WRITTEN COMPLAINT UNDER 7
104	104	PARAGRAPH (1) OF THIS SUBSECTION , THE COMMISSIONER SHALL: 8
105	105
106	106	(I) TRY TO RESOLVE THE I SSUE INFORMALLY ; OR 9
107	107
108	108	(II) DETERMINE WHETHER TH E EMPLOYER HAS VIOLA TED THIS 10
109	109	SECTION. 11
110	110
111	111	(3) IF THE COMMISSIONER DETERMIN ES THAT THE EMPLOYER HAS 12
112	112	VIOLATED THIS SECTIO N, THE COMMISSIONER SHALL : 13
113	113
114	114	(I) ISSUE AN ORDER COMPE LLING COMPLIANCE WIT H THIS 14
115	115	SECTION; AND 15
116	116
117	117	(II) IN THE COMMISSIONER ’S DISCRETION , ASSESS A CIVIL 16
118	118	PENALTY OF: 17
119	119
120	120	1. UP TO $300 FOR EACH EMPLOYEE FO R WHOM THE 18
121	121	EMPLOYER IS NOT IN C OMPLIANCE WITH THIS SECTION; OR 19
122	122
123	123	2. UP TO $600 FOR EACH EMPLOYEE FO R WHOM THE 20
124	124	EMPLOYER IS NOT IN C OMPLIANCE WITH THIS SECTION IF THE VIOLATION 21
125	125	OCCURRED WITHIN 3 YEARS AFTER AN EMPLO YEE FILED A PREVIOUS COMPLAINT 22
126	126	THAT LED TO A DETERM INATION THAT A VIOLA TION HAD OCCURRED . 23
127	127
128	128	(4) THE PROVISIONS OF PARAGR APHS (2)(II) AND (3) OF THIS 24
129	129	SUBSECTION ARE SUBJE CT TO THE NOTICE AND HEARING REQUIREMENTS OF TITLE 25
130	130	10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 26
131	131
132	132	(5) IF THE EMPLOYER FAILS TO COMPLY WITH AN OR DER ISSUED FOR 27
133	133	A VIOLATION UNDER PARA GRAPH (3) OF THIS SUBSECTION , THE COMMISSIONER 28
134	134	MAY BRING AN ACTION TO ENFORCE THE ORDER AND CIVIL P ENALTY IN THE 29
135	135	CIRCUIT COURT IN THE COUNTY WHERE THE EMP LOYER IS LOCATED . 30
136	136	4 HOUSE BILL 1413
137	137
138	138
139	139	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
140	140	October 1, 2025. 2