General Counsel, P.C.

  • Practice Areas
    • Business Law
      • Business Breakups in Virginia
      • Minority Shareholder Protections
      • Emerging Companies
      • Entity Formation
      • Foreign Companies Entering U.S. Market
      • Real Estate and Leases
      • Starting a Business, Licensing & Compliance
      • Registered Agent Services
      • Succession Planning for Business Owners
      • Tax Law Matters
      • Charitable Solicitation Practice Group
      • Intellectual Property
        • Trade Secrets
        • Copyright
        • Trademark
    • Employment Law
      • Employment Documentation
        • Building Your Cornerstone
        • Employee Document Vault
        • Employee Handbook Tuneup Services
        • Guidelines for Hiring or Firing Employees
        • Separation Agreements
      • Drug Testing
        • Drug Testing Your Workforce – Best Practices
        • Laws Affecting Drug Testing Policies
      • Regulatory Issues
        • VA, MD, DC, Rights & Obligations
        • Age Discrimination
        • Americans with Disabilities Act
        • At-Will Employment
        • Fair Labor Standards Act
        • Family Medical Leave Act
        • Pregnancy Discrimination Act
        • Title VII
      • Non-Competition Agreements
        • District of Columbia
        • Maryland
        • Virginia
      • For Employers of Uniformed Services Members
      • Employer Considerations For Government Contractors
      • For Non-Profits
    • Family Law
      • Divorce
        • Grounds for Divorce
          • Fourth Level Menu Sample
        • High Net Divorce
        • Same Sex Divorce
        • Military Divorce
        • Uncontested Divorce
        • Litigation vs. Alternative Dispute Resolution in Divorce
        • Post-Divorce Enforcement and Appeals
        • Alimony and Spousal Support
        • Child Custody
        • Child Support
        • Filing for Divorce in Virginia
        • Divorce Security Clearance
      • Property Division
      • Alimony and Spousal Support
      • Child Support
      • Child Custody and Visitation
      • Marital Agreements
      • International Family Law
      • Domestic Violence and Protective Orders
      • Co-Parenting in Virginia
    • Government Contracts
      • Bid Protests
      • Government Contract Claims and Appeals
      • Getting Government Contracts: Small Business Certification Services
        • 8(a) Small Business
        • HUBZone Small Business
        • SDVOSB Program
        • Veteran-Owned Small Business
        • Women-Owned Small Business
    • Litigation
      • Arbitration, Mediation & Alternative Dispute Resolution Attorneys
      • Commercial & Business Litigation
      • Defamation
      • Employment Disputes
      • Government Contracting Disputes
      • Intellectual Property Disputes
      • Local Counsel
      • Pre-Litigation
    • Estate Planning
      • Estate Planning FAQs
      • Trusts
      • Wills
      • Families With Children
      • Business Succession Planning
      • Asset Protection Planning
      • Celebrity Estate Planning Mistakes
      • Legal Business Contingency Plans
      • Become a Referral Partner
    • Probate Administration
      • Probate is Complex – FAQ and Answers
      • Trust & Estate Litigation
  • About Us
    • Overview
    • Biographies
      • Andrew “Andy” Baxter
      • Matthew Brennan
      • Heba K. Carter
      • Joanna Foard
      • Erika Gnazzo
      • Merritt Green
      • Elizabeth Hart
      • David Kaye
      • Craig Lawless
      • David Proano
      • Evan St. John
    • How We Help
  • Resources
    • Practical Counsel Blog
    • Bid Protest Weekly
    • VetWorking
    • COVID Compliance Plans
    • Virginia COVID Workplace Safety and Health Standards
    • Video Library
    • Webinars
    • Quotes in The News
    • GCPC First Generation Law Student Scholarship
  • Testimonials
  • Contact
  • Make Payments
703-556-0411

Client Alert for Maryland Employers: “Ban the Box” Veto Overridden

Thursday, 27 February 2020 / Published in Business, Labor & Employment, News

Client Alert for Maryland Employers: “Ban the Box” Veto Overridden

Maryland

On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of the “Act Concerning Record Screening Practices (Ban the Box).” Under the Act, employers with 15 or more full-time employees are prohibited from requiring an applicant “to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant” before the first in-person interview. The new rule applies to applicants for contractual, temporary, seasonal, or contingent work and for work through a temporary or other employment agency. The Act will take effect February 29, 2020. Although employers may not ask about applicants’ criminal records prior to the first in-person interview, they may require applicants to disclose criminal records during a first in-person interview.

The Act includes an exception for employers who provide “programs, services or direct care to minors or to vulnerable adults” and does not prohibit an employer from making inquiries required by federal or state law. Employers who violate the new rule will receive “an order compelling compliance” for initial violations and may be liable for a civil penalty up to $300 for each applicant for subsequent violations.

It’s important to note that the Act does not preempt any local jurisdiction from enacting laws that are more restrictive with respect to employers’ criminal history screening practices. Currently, Baltimore, Montgomery County, and Prince George’s County have Ban the Box laws that are more restrictive than this new state-wide law.

Maryland employers with 15 or more full-time employees are required to comply with the Act and should review and, as necessary, revise their hiring practices to be in compliance. Specifically, employment applications and job postings should be updated to remove any questions about criminal history or language stating criminal history will be addressed. Hiring practices should be modified to ensure that questions about criminal history are not asked before the first in-person interview (or even later for Baltimore, Montgomery County, and Prince George’s County). Human resource personnel should also be informed of and trained on the new rule and hiring practices.

For guidance regarding how this legislation affects your business, contact the employment law experts at General Counsel, PC today at 703-991-7973.

  • Tweet
Tagged under: Alert, Ban the Box, Client, Employers, Maryland, UPLA

TOP ARTICLE CATEGORIES

  • BUSINESS

  • COVID-19

  • LABOR & EMPLOYMENT

  • FAMILY LAW

  • GOVERNMENT CONTRACTS

  • LITIGATION

Subscribe to Blogs and Updates

Address:

6849 Old Dominion Dr #220
McLean, VA 22101

Hours of Operation:

Mon – Fri, 8AM – 5PM

Phone Number:

+1 703-556-0411


  • HOME
  • ABOUT US
  • PRIVACY POLICY
  • DISCLAIMER
  • SITEMAP
  • CONTACT US
  • MAKE A PAYMENT

General Counsel, P.C. BBB Business Review

© 2023 General Counsel, P.C. | Website Design & Development by High Level Thinkers

TOP