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Summary of differences between federal and state regulations
Employer defined
“Employer” means:
- a person engaged in a business, industry, profession, trade, or other enterprise in the state;
- the state and its units;
- a county and its units; and
- a municipal government in the state.
“Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
Unlawful employment practices
Equal Pay for Equal Work – Wage Range Transparency
Effective October 1, 2024, the Maryland pay transparency law is expanded. Employers must provide, in all public or internal job postings for positions that will be physically performed, at least in part, in Maryland:
- The wage range for the position, and
- A general description of benefits and any other compensation offered for the position.
The MD Commissioner of Labor and Industry is to develop and make available to employers a form they may use to help comply with certain wage disclosure requirements.
Employers must set wage ranges in good faith by reference, to:
- Any applicable pay scale;
- Any previously determined wage range for the position;
- The wage range of an individual holding an equivalent a comparable position at the time of the posting; or
- The budgeted amount for the position.
Employers are prohibited from refusing to interview, hire, or employ an applicant or promote or transfer an employee for requesting a wage range, refusing to provide their wage history, or exercising any other rights under the law.
Recordkeeping
Employers must keep a record of their compliance with the new pay disclosure requirements for each position for at least three years after the position is filled; or if the position is not filled, three years from when the position was initially posted.
Prior to October 1, 2024
Prior to October 1, 2024, the state's pay transparency law:
- Requires an employer, upon request, to provide a job applicant the wage range for the position for which the applicant applied;
- Prohibits an employer from taking negative actions against an applicant for employment because the applicant did not provide wage history or a wage range;
- Prohibits an employer from relying on wage history, except when voluntarily provided, for the purpose of determining fair wage; and
- Prohibits employers from seeking an applicant’s wage history from former employers.
- a seniority system that does not discriminate on the basis of sex;
- a merit increase system that does not discriminate on the basis of sex;
- jobs that require different abilities or skills;
- jobs that require the regular performance of different duties or services; or
- work that is performed on different shifts or at different times of day.
Recordkeeping
Each employer must keep, for at least three years, a record of:
- the name, address, and occupation of each employee;
- the rate of pay of each employee;
- the amount that is paid each pay period to each employee; and
- the hours that each employee works each day and workweek.
Posting
Each employer must keep posted conspicuously in each place of employment a copy of the state equal pay statute. The commissioner will provide a copy to the employer without charge upon request.
State
Contact
Division of Labor and Industry, Employment Standards Service
Regulations
Annotated Code of Maryland, Article - Labor and Employment, Sections 3-301 through 3-309
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act