Wednesday, January 28, 2009
Chairman Davis Discusses Workplace Regulation
Del. Dereck Davis (D-Dist. 25), Chairman of the House Economic Matters Committee, discussed workplace regulation issues he expects before his committee with a group of chamber of commerce executives from across the state yesterday. The Maryland Chamber expects workplace issues to be a focus of the 2009 session.
Employee Misclassification: Davis said legislation to address employee misclassification will be part of the Governor’s legislative package. The Chamber is waiting to review the bill, but we opposed similar legislation last year due to concerns about the narrow definition of what workers can be classified as independent contractors and the administrative burdens and penalties businesses would face. Davis expects this to be somewhat of a sleeper issue this session. “The devil is in the details,” he said. Davis said he is concerned about the fact that the bill is expected to place the burden of proof on businesses to prove that they aren’t misclassifying employees, not on the state to prove that the businesses are misclassifying. He said he hopes his committee will work to reach a balance between business and labor.
Unemployment Benefits for Part-Time Workers: This is another bill that will be part of the Governor’s package. Last year, the Maryland Chamber supported similar legislation. The Maryland Chamber believes part-time workers are a larger presence in the workplace today, and UI laws need to adapt to the changing workforce. Last session, the Maryland Chamber did work to ensure benefits would have been based on an individual’s previous attachment to the labor market, and that personal preference for part-time work would have no basis in determining unemployment insurance eligibility.
Mandating Shift Breaks: There will be a number of bills introduced to impose a government-mandated, one-size-fits-all approach to shift breaks. The Maryland Chamber believes such proposals are an unwarranted and unnecessary legislative intrusion into the employer-employee relationship. Davis said he thinks there are 70-80 votes on the House floor for this kind of legislation. “If you can’t defeat it, you need to work with lawmakers to fix it and make it workable for you,” he said.
The Maryland Chamber will review these bills, and many others, as they are introduced, and we will bring you additional updates in the coming weeks.
