maryland

Employer's Toolbox

Maryland’s Family and Medical Leave Insurance (FAMLI) Program: Key Details and Implications for Employers

Maryland is preparing to implement the Family and Medical Leave Insurance (FAMLI) Program: Are you Prepared?  Maryland is on track to implement the Family and Medical Leave Insurance (FAMLI) Program, which will enable eligible employees to take paid time off for a range of personal and family health reasons beginning July 1, 2026. This initiative, administered by the Maryland Department of Labor, is designed to support employees’ ability to maintain workforce participation while managing significant life events, such as serious health conditions or family caregiving responsibilities. What the Program Offers The FAMLI Program provides employees with a wage replacement benefit of up to $1,000 per week during qualified leave periods, covering up to 12 weeks in a 12-month period. Employees facing multiple qualifying events may be eligible for an additional 12 weeks, allowing up to 24 weeks in total if necessary. Key Elements of the Program Eligibility Requirements: To be eligible, employees must have worked at least 680 hours within the 12 months preceding their requested leave. This threshold ensures that workers have an established connection to the workforce, enabling them to take advantage of the benefits after meeting this baseline requirement. Funding and Contributions: Contributions to the FAMLI fund will commence on July 1, 2025, funded by payroll contributions from both employers and employees. Employers with 15 or more employees will share this responsibility, each contributing 0.45% of wages. Smaller employers (fewer than 15 employees) are exempt from contributing, but their employees will still contribute their portion. This funding structure ensures a balanced approach, minimizing the financial impact on smaller businesses while enabling widespread access to paid leave for Maryland workers. Qualifying Events for Leave: Employees may use FAMLI benefits for various situations, including: Family Care: Caring for a newborn or recently adopted child. Serious Health Condition: Addressing a personal or family member’s significant medical issues. Military Situations: Managing issues related to the deployment or service of a family member in the military. These qualifying events are aligned with the challenges many employees face, particularly in supporting immediate family members or addressing their own health needs. Employer Compliance and Administration: The Maryland Department of Labor is responsible for overseeing the program’s implementation and compliance. Employers will need to understand their responsibilities in processing contributions, notifying employees of their rights, and ensuring that workplace policies reflect the new paid leave options. Employers may find that facilitating this leave enhances employee satisfaction and retention, as workers will have the support needed to balance personal responsibilities with their professional roles. Benefits for Employers and Employees The FAMLI Program is expected to positively impact workforce stability by reducing employee turnover and promoting a healthy work-life balance. Research shows that access to paid leave can lead to improved employee morale, higher retention rates, and increased productivity. For employees, FAMLI offers the financial stability to take necessary leave without jeopardizing their income or employment. Preparing for FAMLI Implementation Employers should start preparing for FAMLI by: Reviewing Payroll Processes: Ensure payroll systems can manage the collection and remittance of contributions starting in 2025. Updating Employee Policies: Integrate FAMLI information into employee handbooks and leave policies. Educating Staff: Inform employees about their eligibility and benefits, emphasizing how the program can support them through various life events. As Maryland moves closer to full FAMLI implementation, employers and employees alike should familiarize themselves with the program details. This proactive approach will help ensure that workplaces across Maryland are ready to support their staff’s needs while meeting regulatory requirements. For the latest updates, employers and employees can visit Maryland Department of Labor’s FAMLI. About Luchansky Law Luchansky Law is a premier labor and employment law firm committed to providing exceptional legal representation and client service. Founded in 2004 by Bruce Luchansky, the firm offers a wide range of legal services to businesses and individuals, focusing on workplace issues, employment disputes, and compliance. Luchansky Law is dedicated to upholding the highest standards of diligence, professionalism, and compassion in its practice. Please call (410) 522-1020, email us at info@luchanskylaw.com, or stop by our office at 606 Bosley Avenue, Suite 3B, Towson, Maryland, 21204.  References: MD Department of Labor Maryland Paid Leave

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Employer's Toolbox

AI in Hiring: Key Lessons from the Workday Bias Suit for Employers

As artificial intelligence (AI) continues to reshape hiring practices, employers are increasingly facing legal challenges related to potential discrimination. The recent Workday AI Bias Lawsuit serves as a significant reminder of the risks associated with automated decision tools (ADTs). In this case, Workday was accused of using an AI system that allegedly discriminated against minority job applicants, raising questions about the fairness and transparency of AI tools in recruitment. AI Discrimination and Regulatory Landscape The Workday lawsuit is part of a growing body of legal cases addressing the role of AI in hiring decisions. While AI offers efficiency and speed, it can also perpetuate or amplify biases if not properly monitored. This has caught the attention of lawmakers and regulators, leading to stricter guidelines around AI use in employment. States like New York and New Jersey have already introduced legislation requiring employers to conduct annual bias audits on their AI tools to prevent algorithmic discrimination. These laws mandate that AI tools must undergo independent reviews, and employers are required to notify candidates if AI is used in the hiring process. Best Practices for Employers Using AI in Hiring In light of the Workday lawsuit and the evolving regulatory environment, there are several key steps employers should take to minimize the risk of discrimination claims: Conduct Bias AuditsEmployers must ensure that their AI systems undergo regular bias audits to identify any potential discriminatory outcomes. These audits help safeguard against violations of federal and state anti-discrimination laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). Ensure Human OversightAI tools should not be the sole decision-maker in hiring processes. Employers need to maintain human oversight to review decisions made by AI and ensure fairness, especially in cases where candidates from protected classes might be affected. Transparency and Employee NotificationEmployers should be transparent with applicants and employees about the use of AI in hiring. This includes notifying candidates when AI tools are used and providing them with the opportunity to request a review or challenge the decision. Comply with Federal and State GuidelinesEmployers should stay informed about both state-specific and federal guidelines on the use of AI in hiring. For example, the Department of Labor (DOL) recommends that employers using AI tools regularly test these systems to ensure they do not violate laws related to wage calculations or disability accommodations. Looking Ahead As AI tools become more common in hiring, employers must be proactive in addressing the risks of algorithmic bias. The lessons from the Workday case, along with new state and federal regulations, underscore the need for transparency, regular auditing, and human oversight. By taking these steps, employers can leverage the benefits of AI while minimizing the risk of discrimination claims. About Luchansky Law  Luchansky Law is a premier labor and employment law firm committed to providing exceptional legal representation and client service. Founded in 2004 by Bruce Luchansky, the firm offers a wide range of legal services to businesses and individuals, focusing on workplace issues, employment disputes, and compliance. Luchansky Law is dedicated to upholding the highest standards of diligence, professionalism, and compassion in its practice. Please call (410) 522-1020, email us at info@luchanskylaw.com, or stop by our office at 606 Bosley Avenue, Suite 3B, Towson, Maryland, 21204.  References  Bias Audits and Federal Anti-Discrimination Laws: https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence Human Oversight Recommendations: https://www.ftc.gov/business-guidance/blog/2021/04/aiming-truth-fairness-equity-your-companys-use-ai Transparency and Employee Notification: https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-1.pdf State and Federal Compliance: https://www.dol.gov/newsroom/releases/osec/osec20241016 Future Considerations on Algorithmic Bias: https://www.brookings.edu/articles/the-eeoc-wants-to-make-ai-hiring-fairer-for-people-with-disabilities/  

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Employer's Toolbox

Coworkers Who Communicate All Day, Every Day

With more nonprofit professionals working from home during the pandemic, some of you are experiencing a new problem: coworkers and bosses who suddenly want to be in constant communication with you. Of course, we communicators desperately need our coworkers to talk to us in order for us to do our jobs well, but not ALL DAY, EVERY DAY. Let’s tackle this situation using our Four Steps to Work Through Collaboration Problems. Name the Problem Naming the problem helps you depersonalize it. “Work-Life Balance” is a term that just about everyone will understand. This isn’t about you being unresponsive, it’s about being responsive to the right people in your life (work people AND family/friend people AND yourself) at the right times of day. Help Others See the Problem How is it in the best interest of others to solve this problem with you? You can tackle this in a few different ways. For starters, you aren’t being paid to work 24 hours a day, so gently pointing that out and being clear about your “on” and “off” hours could be helpful. But you might want to look at larger internal communications and office culture issues too. Many organizations are implementing “no email after work” policies. Some use certain channels for certain things, including emergency after-hours comms. For example, if they truly need you, they should call you on the phone rather than relying on you checking email. But with that comes a fairly strict list of what constitutes an after-hours emergency. Design Simple Rules Simple rules are frameworks that help you make decisions faster and work more efficiently. Once you’ve talked through what’s appropriate and what’s not in regards to both different internal communications channels and the timing around those, it’s a great idea to document that in an internal communications charter. Expectations for how quickly certain messages will be read and replied to (including after hours) is a must-include. To design some rules, consider “If/Then” scenarios: If this happens, then it’s OK to contact whom by what means and when? Also think about boundary rules: What is always a Yes or always a No/Never with internal communications? Timing rules can help too: What kind of event or sequence of events would trigger off-hours communications? Set Personal Boundaries Boundaries are made up of Yes and No. Boundaries are absolutely essential for communications directors who want to be of service to their organizations without becoming servants to their coworkers. An internal communications charter only works when implemented and enforced. Model good behavior for others! If you don’t want to talk after 6 pm, for example, don’t pick up the phone, and don’t initiate the calls yourself. Same for email! In the absence of a formal internal comms plan, simply tell your coworkers when you will check which channels and when you won’t. You might be surprised by how happy they are that someone “went first” and put it out there! If you have additional advice for dealing with this situation, please share in the comments! Read more: nonprofitmarketingguide.com

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