Bill Positions

Bill Number: SB 444

Bill Title: Labor and Employment - Employment Standards and Conditions - Definition of Employer

Bill Sponsor(s): Sen. Kelley, et al.

Subject: Workplace Regulations

Committee: FIN

Bill Summary: This bill attempted to apply the Maryland Wage and Hour Law definition of “employer’ to other sections of law, including the Maryland Wage Payment and Collection Law and the Workplace Fraud Act to create individual liability, which would allow an employee to sue a person in position of authority at the business, such as the manager, president or CEO.

History: During the 2011 Session SB 444/HB 693 died in the Finance Committee and Economic Matters Committee respectively, without a vote, and the sponsor indicated it would be addressed through a summer study.

Chamber Position: Oppose

Position Summary: An individual within a company should not be threatened with individual liability, simply because he or she is in a position of authority and leadership within a company. Individual liability is an unnecessary and extreme measure. Maryland has many positive factors that contribute to its ability to attract talented, qualified and skilled employees. However, legislation such as this thratens that ability to continue to recruit the best and the brightest. Adding yet another option for employment litigation is inappropriate and counterproductive to Maryland's business growth. For these reasons, the Maryland Chamber opposes this bill.

Position Statement:

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.