Subtitle 19A – COVID-19 Laid-Off Employees Right of Recall

“Employer” means a person that is any of the following, as defined in this section:

“Employer” does not include a hospital as defined in State Health-General Article, § 19-301 {“Definitions: Hospital”}.

“Event center employer” means an owner, operator, or manager of a publicly or privately owned structure within the City that:

“Event center employer” does not include the Maryland Stadium Authority.

“Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that:

A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in <cite data-path="|health|6|1|6-101|(d)">§ 6-101(d) {“Definitions: Food service facility”}</cite> of the <cite data-path="|health">City Health Code, that is physically located on the hotel employer’s premises.</cite>

“Laid-off employee” means an individual:

There is a rebuttable presumption of fact that any termination occurring on or after March 5, 2020, was due to a non-disciplinary reason.

“Laid-off employee” does not include any individual who was, prior to his or her separation, a managerial, supervisory, or confidential employee.

With respect to commercial property employer, “laid-off employee” is limited to only the separated janitorial, maintenance, or security service employees of the commercial property employer.

A laid-off employee is qualified and must be offered a position with the employer under this section if the laid-off employee:

If more than 1 laid-off employee is entitled to preference for a position, the employer shall:

An employer may make simultaneous, conditional offers of employment to multiple laid-off employees, with any final offers of employment conditioned on application of the priority set forth in subsection (b)(2) of this subtitle.

A laid-off employee who is offered a position under this section shall be given at least 5 business days in which to accept or decline the final offer.

making a complaint to the Commission alleging a violation of this subtitle; or

participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle.

be filed within 1 year of the alleged violation;

be filed under oath; and

include:

investigate the facts alleged in the complaint; and

make a finding of probable cause or lack of probable cause for the complaint.

In enforcing this subtitle, the Commission may:

Any subpoena issued under this subsection shall be served by:

In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents.

The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them.

Any failure to obey such an order of the court may be punished by the court as contempt.

If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to:

Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent.

The Commission may issue a final order on its own motion if:

A final order issued under this subsection may:

A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance.

Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules.

A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules.

pay to any aggrieved laid-off employee or employees the wages and other compensation lost as a result of the employer’s violation of § 19A-3 {“Right of recall”}, with interest computed at 10% per annum on wages and other monetary compensation due; and

reinstate any laid-off employee or employees under the conditions required by <cite data-path="|11|§19A-3">§ 19A-3 {“Right of recall”} of this subtitle</cite>.

Any employer that violates this subtitle shall forfeit and pay to the City of Baltimore a civil penalty as follows:

Each day that a violation continues constitutes a separate offense.