Alert: Disclosing Sexual Harassment in the Workplace Act of 2018

Effective October 1, 2018, all Maryland employers must comply with a new law -- the Disclosing Sexual Harassment in the Workplace Act of 2018. The law restricts an employer from establishing any policy that requires employees to arbitrate harassment claims, or to waive the right to a jury trial in harassment cases. In addition, the act also requires Maryland employers with 50 or more employees to collect and electronically report data on harassment claims to the Maryland Commission on Civil Rights. Check your Employment Policies To prepare for October 1, employers should review employment agreements and relevant employment policies to ensure they do not require their employees to submit to mandatory arbitration for sexual harassment or retaliation claims. This is a similar provision to the New York legislation that we told you about in our blog last month. An employer may not take adverse action (i.e. discharge, suspension, demotion) against employees who refuse to…read more...

Medical Cannabis and Your Drug Free Workplace

At our Legislative Update in June, issues around Medical Cannabis proved to be a hot topic in the discussion because employers are struggling with how to create and apply “Drug Free Workplace Policies” consistently, fairly and legally.  We want to share some insights and summarize the issues for you.   What's Legal? In Maryland, there are “more than 50 dispensaries operating … as of April 2018, about ½ of the number that have been approved by the Maryland Medical Cannabis Commission.” (Baltimore Sun). Maryland is a “medical cannabis only” state.  Interestingly though, DC has legalized both medical and recreational use.   Here’s the catch:  Marijuana is still illegal under federal law and is classified as a schedule 1 drug by the DEA – meaning, at least in part, that the DEA believes cannabis has no medical value.   Making the Right Decision for Your Business How do these conflicting  cannabis…read more...