Bill Positions

Bill Number: SB 789

Bill Title: Labor and Employment - The Healthy Retail Employee Act

Bill Sponsor(s): Sen. Garagiola, et al.

Subject: Workplace Regulations

Committee: FIN

Bill Summary: This bill requires retailers with more than 50 employees to provide a 15-minute break for employees who work between four and six consecutive hours and a 30-minute break for employees who work more than 6 consecutive hours. As amended, the bill does not apply to restaurants; state, county and municipal governments; employers exempt from overtime pay requirements under the Fair Labor Standards Act; franchises with five or fewer employees on site; and those covered by a collective bargaining agreement or employment policy that includes a shift break policy equal or greater than this bill.

History: This bill is similar to Shift Break bills introduced during the three previous legislative sessions. The bill was withdrawn in 2007 and died in the Economic Matters Committee in 2008 and 2009. In 2010 this bill was enacted into law as Chapter 613.

Chamber Position: Oppose

Position Summary: The Maryland Chamber opposed the legislation. While well intentioned, the Chamber believes the legislation adds unnecessary new administrative burdens to impacted employers, most of whom already provide shift breaks to employees. This is a government mandated bill that would interfere with private sector benefits. A one-size-fits-all approach to shift break benefits, already offered by most employers, would create administrative burdens for the private sector and expose Maryland’s businesses unnecessarily to civil causes of action on issues that can be resolved through employer internal processes. The bill does not allow employers the flexibility sometimes needed to deal with emergencies that could require an employee to work for longer than six consecutive hours without a break. The passage of this legislation raises concern there will be efforts to expand it to other industries in the future.

Position Statement: To view the Chamber's complete position statement, click here (pdf).

Chamber Staff: Allyson Black

General Assembly: Click here to view the bill on the Maryland General Assembly's website.