Maryland Employment Law Update – April 2017

Maryland

Unemployment Insurance, Employer Determinations, and Process and Appeal Rights

On April 18, 2017, Maryland Governor Larry Hogan signed legislation (H.B. 139), which specifies the process and timeframe for an employer to exercise appeal rights related to employer determinations under the Unemployment Insurance Law. The legislation also requires the Lower Appeals Division to hear and decide appeals from the review determination decisions.

The law is effective October 1, 2017.

Read MD H.B. 139

Unemployment Insurance Electronic Information

On April 18, 2017, Maryland Governor Larry Hogan signed legislation (H.B. 135) authorizing the Maryland Department of Labor, Licensing, and Regulation, individuals, and employers to electronically send certain information and documents relating to unemployment insurance.

The law is effective October 1, 2017.

Read MD H.B. 135

Unemployment Insurance and Employer Exemption Upon Closure

On April 18, 2017, Maryland Governor Larry Hogan signed legislation (H.B. 141) that exempts employees of an employer that closes its business operation or part of its business operation for a definite period for inventory, vacation, or another purpose from the requirement to actively seek work during that period to be eligible to receive unemployment insurance benefits.

The law is effective October 1, 2017.

Read MD H.B. 141

Workers’ Compensation and Tiered and Merit Rating Plans

On April 18, 2017, Maryland Governor Larry Hogan signed legislation (H.B. 1315) authorizing a workers’ compensation insurer to develop a tiered rating plan that establishes discrete tiers based on risk attributes that are not arbitrary, capricious, or unfairly discriminatory and are reasonably related to the insurer’s business and economic purposes. The law also requires an insurer to submit a tiered rating plan to the insurance commissioner at least 30 days in advance of the plan’s use, and authorizes an insurer to use a specified merit rating plan under certain circumstances.

The law is effective October 1, 2017.

Read MD H.B. 1315

Workers’ Compensation, Permanent Total Disability, and Survival of Claim

On April 11, 2017, Maryland Governor Larry Hogan signed legislation (S.B. 426) into law, which clarified that if a covered employee dies from a cause that is not compensable under Md. Labor & Empl. Code Ann. § 9-640 (survival of compensation), the right to compensation that is payable and unpaid on the date of death survives to the extent of $65,000, as increased by the cost of living adjustments.

The law is effective October 1, 2017.

Read MD S.B. 426

Youth Sports Workers Exempted from Covered Employment Under Unemployment Insurance Law

On April 18, 2017, Maryland Governor Larry Hogan signed legislation (S.B. 70) clarifying that work performed by qualifying youth sports workers for youth sports organizations is not covered employment under the Unemployment Insurance Law.

The law is effective October 1, 2017.

Read MD S.B 70