Baltimore City Council approves 2 bills protecting employee rights during pandemic

Under the guise of addressing COVID-19 concerns, the Baltimore City Council recently passed two bills that will make it more difficult for certain employers to do business in the city. One bill would require certain businesses to maintain a seniority-based preferential hire list for any employees laid off because of the pandemic. The second would require successor city hotel employers to retain the incumbent’s workforce in the event of a transfer of ownership for a certain period of time and refrain from discharging any of them unless good cause can be established. The legislation, which cleared the council on October 2, has been forwarded to Mayor Bernard Young. Once approved by the mayor, the two bills will take effect. Let’s take a closer look at this interesting legislation.

Laid-off employees’ right of recall

Council Bill (CB) 20-0544 would require certain employers to recall employees who have been laid off after the imposition of the COVID-19 state of emergency. The bill specifies the procedures by which the recall would operate and prohibits retaliation against employees for seeking assistance from or cooperating with the Baltimore City Wage Commission.

Covered businesses. CB 20-0544 applies to all “commercial property employers” or owners, operators, managers, or lessees, including a contractor, subcontractor, or sublessee of a nonresidential property in the city, that employ 25 or more janitorial, maintenance, or security service employees.