M E M O R A N D U M

TO:		The Mandatory Poster Agency

FROM:	Rhonda R. Ames

DATE:		October 28, 2008

RE:		Maryland

PLEASE NOTE THAT THIS MEMORANDUM WILL NEED TO BE SUPPLEMENTED WHEN FURTHER INFORMATION IS RECEIVED REGARDING THE PUBLIC SECTOR POSTER FOR THE OCCUPATIONAL SAFETY.

I have reviewed the poster requirements for Maryland and provide you with the following information.

POSTERS

Maryland has a state website that provides a list of “Employment Related Posters.” That list of posters can be found at URL address:   http://www.dllr.state.md.us/oeope/poster.shtml. The list is a combination of state and federal posters. 

Further, I also had called Maryland Department of Labor and was asking questions regarding the posters. I had the Department send me a “full set” of the required posters. The documents I received from the Department were as follows:

	1.	Lie Detector Signature Sheet
	2.	Lie Detector Tests
	3.	Wage Payment and Collection
	4.	Equal Pay for Equal Work
	5.	Wage & Hour Fact Sheet
	6.	Employment of Minors Fact Sheet
	7.	Booklet entitled “The Maryland Guide to Wage Payment and Employment Standards”
	8.	Booklet entitled “Wage and Hour Law and Regulations”

Booklet entitled “Wage and Hour Law and Regulations” has information that is reflected in the Wage & Hour Fact Sheet.

Lie Detector Signature Sheet
As indicated above, the Signature Sheet and the statutory language regarding Lie Detector Tests was just sent to me.  The Signature Sheet can be found at URL address: http://www.dllr.state.md.us/forms/liedetectorsigsheet.doc
The Signature Sheet is for employers to obtain the employee’s signature and attach it to the employment application.

I have reviewed the statutes and the Code of Maryland Regulations and do not find a requirement that the text of the Lie Detector statute (3-702) be posted. I also called the Employment Standards division and was told that it was not required, but that it was recommended. Therefore, I would recommend that MPA keep the Lie Detector statute on its poster.

Wage Payment & Collection
I cannot provide you with only one URL address for this poster because it is a recitation of several statutes. However, I can and have attached to this memo a scanned copy of the poster. 

There have been textual changes to this poster, therefore, it will need to be printed in its entirety. 

Despite the fact that this was included among the documents sent me by the Department of Labor, I have searched the statutes and Code of Maryland Regulations and do not find that this is a required poster. Nonetheless, I recommend that this poster be included in the Maryland state set.

Equal Pay for Equal Work
Again, I cannot provide you with only one URL address for this poster because it is a recitation of several statutes. However, I have attached a scanned copy of the poster.

The poster language is correct as is.

Employment of Minors
http://www.dllr.state.md.us/labor/minorfactsheet.doc

It appears that the Employment of Minors information MPA has on its poster is solely in regard to Work Permits.   When I go to the state website (http://www.dllr.state.md.us/oeope/poster.shtml, which provides the list of employment related posters), it does link me to the Work Permits information. The work permits information has a URL address of http://www.dllr.state.md.us/labor/empm.shtml.

However, among the packet of information I received from the Department of Labor, I received a document entitled Employment of Minors Fact Sheet. The URL for this Fact Sheet is: http://www.dllr.state.md.us/labor/minorfactsheet.doc.

Despite a dozen or so phone calls to Maryland, I have been unable to reach any person that can answer my question of which “poster” is the correct information to be posted. Therefore, I  recommend that MPA keep the “Work Permit” information that it already has, as well as, print the Fact Sheet from URL: http://www.dllr.state.md.us/labor/minorfactsheet.doc.

I have found that there are textual changes that do need to be made to the Work Permits information that MPA currently has. Therefore, it will need to be re-printed in its entirety. Again, please also print the Fact Sheet.

Wage & Hour Fact Sheet
The Wage & Hour Fact Sheet can be found at URL address:
http://www.dllr.state.md.us/labor/minimumwagelaw.pdf

It appears that there are textual changes in the poster, therefore, it needs to be reprinted in its entirety.

Further, Mike Bishop emailed me a copy of his revisions to this poster. His revisions included adding the new federal minimum wage that becomes effective July 24, 2009. I do believe that the references to the federal minimum wage are consistent with the poster.

Employment Discrimination
This poster can be found at the URL address of:
http://www.mchr.state.md.us/brochures/EmplDiscrimIllegal.pdf

There are a few minor textual changes in the poster. Therefore please make the following revisions:

The title of the poster has changed from “Employment Discrimination is Illegal” to “Employment Discrimination is Unlawful.”  

Additionally, please add the phone number “410-767-8600" just before the 1-800 phone number at the very bottom of the poster.
http://www.dllr.state.md.us/labor/minorfactsheet.doc
Unemployment Insurance
The Unemployment Insurance poster can be found at URL address:
http://www.dllr.state.md.us/employment/empguide/uibenefitposter.pdf

It appears that this poster was revised in January 2006; however, MPA’s poster was not updated.  Therefore, please re-print this poster in its entirety.

Maryland Occupational Safety and Health

The Employment Related Posters page (referenced at the top of this memo) has a link to a private sector poster. However, that link takes me to the US Department of Labor website. I called the Training and Education Unit of the Department of Labor and asked if there is actually a Maryland OSHA poster. I was informed that there is a Maryland OSHA poster. She will be mailing me the poster. 

Further information is that there is a public sector and a private sector poster. I am now in receipt of the private sector poster, however, they did not send me the public sector poster. Therefore, I called and requested that poster on October 27.

In regard to the information regarding the private sector, there are various typographical errors, as well as textual changes in the poster. Therefore, I would recommend that MPA reprint this poster in its entirety.

Workers Compensation
http://www.wcc.state.md.us/PDF/Publications/Emp_Notice_C24_print.pdf

It appears that this form was updated in November 2007. It appears that the posting instructions are very specific. The webpage: http://www.wcc.state.md.us/Adjud_Claims/Forms.html provides the following instructions:  

“The MD WCC Employers' Posting Notice is 8.5" X 14" and MUST be printed on 8.5" X 14" (legal size) goldenrod or yellow paper. Laser printer or clear photocopier versions are recommended for printed durability and legibility. Default resolution for this printing is 600 dpi (dots per inch). The statutory requirement is "as provided by the MD WCC", hence reduced size or otherwise altered reproductions from the original/default specifications will not constitute statutory compliance. The Notice is to be posted in a conspicuous location at each worksite and must include the complete employer/insurer information in the lower left corner where indicated.”

Further, the bottom of the poster specifically states, “This notice must be printed on 8.5" x 14" gold or yellow paper, display complete employer information and be posted in a conspicuous location at each work site or location in accordance with COMAR 14.09.01.02 and 14.09.01.03.”

Therefore, MPA needs to reprint this poster in its entirety.

Health Insurance Poster
http://www.dllr.state.md.us/employment/empguide/healthinsposter.pdf

The poster language is correct as is.

Clean Indoor Air Act
The poster can be found at the URL address of:
http://cha.state.md.us/oeh/ciaa/pdf/NoSmoking_Signage.pdf

It appears that Maryland has implemented a Clean Indoor Air Act that went into effect February 1, 2008. Therefore, MPA will need to print the poster in its entirety.

SUMMARY
Since Maryland has perhaps the most complex state posting requirements, the changes to the Maryland posters are summarized as follows:

Lie Detector Statute	Retain the Lie Detector Statute poster	
Wage Payment & Collection	There have been textual changes, therefore, the poster needs to be reprinted in its entirety	
Equal Pay for Equal Work	Poster is correct as is.	
Employment of Minors	Retain the “Work Permit” information currently printed. Also print, the Employment of Minors Fact Sheet in its entirety.	
Wage & Hour Fact Sheet	Reprint in its entirety due to textual changes	
Employment Discrimination	There are a few minor textual changes. Therefore, reprint the poster.	
Unemployment Insurance	Reprint in its entirety.	
Maryland Occupational Safety and Health	Reprint the private sector in its entirety. **Still waiting to receive the public sector poster.**	
Workers Compensation	Reprint the poster per requirements: Must be 8.5" x 14" and printed on goldenrod or yellow paper.	
Health Insurance	Poster is correct as is.	
Clean Indoor Air Act	Needs to be printed in its entirety.	

FLYERS

Equal Pay for Equal Work - Please revise to read as follows:

	Equal Pay for Equal Work (Md. Ann. Code §3-306(b))
“Each employer shall keep posted conspicuously in each place of employment a copy of this subtitle.”

Employment of Minors - Please revise to read as follows:

	Employment of Minors (Md. Ann. Code §3-214)
“Each employer shall keep posted conspicuously in each place where a minor is employed a printed notice of the provisions of this subtitle . . .”

Wage & Hour Fact Sheet  - Please revise to read as follows:

	Wage & Hour Fact Sheet (Md. Ann Code §3-423)
“Each employer shall keep posted conspicuously in each place of employment: (1) a summary of this subtitle that the Commissioner approves; and (2) a copy or summary of each regulation that is adopted to carry out this subtitle.”

Employment Discrimination 

First, the title needs to be revised to read: Employment Discrimination is Unlawful.

Second, I would recommend that this be moved under an “Also Included” section.

Unemployment Insurance - Please revise as follows:

	Unemployment Insurance (Md. Ann. Code §8-603)
“Each employer shall keep posted in places readily accessible to its employees printed statements . . . about: (1) the right to benefits; (2) claims for benefits; (3) the right of some employees to continuation of health insurance coverage under §15-407 of the Insurance Article; and (4) any other matter relating to the administration of this title that the Secretary requires by regulation.”

Workers Compensation - Please revise as follows:

	Workers’ Compensation (Code of Maryland Regulations 14.09.01.03)
“The employer shall keep conspicuously posted at places of employment controlled or operated by the employer all written notices provided to the employer . . . that give instructions or convey information to persons interested in or entitled to benefits under Labor and Employment Article, Title 9, Annotated Code of Maryland.”

Health Insurance
I would recommend moving the reference to the Health Insurance to the “Also Included” section.

Maryland Occupational Safety and Health - Please revise as follows:

	Occupational Safety & Health (Md. Ann. Code §5-104)
“Each employer shall keep its employees informed of their protections and duties under this title, including each applicable occupational safety and health standard, by: (1) posting notice where notices to employees normally are posted . . .”

Clean Indoor Air Act - Please add the following:

	Clean Indoor Air Act (Code of Maryland Regulations 09.12.23.03)
“An employer shall . . . post at each entrance to an indoor place of employment a sign stating that smoking is not permitted.”