Title 3. Employment Standards and Conditions — Subtitle 7. Miscellaneous
Statutes in effect as of October 1, 2026.
Md. Code Ann., Lab. & Empl. § 3-701 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–701LinkCopy Citation
(a)
This section does not prohibit a proper medical evaluation by a physician to assess the ability of an applicant to perform a job.
(b)
An employer may not require an applicant for employment to answer an oral or written question that relates to a physical, psychiatric, or psychological disability, illness, handicap, or treatment unless the disability, illness, handicap, or treatment has a direct, material, and timely relationship to the capacity or fitness of the applicant to perform the job properly.
(c)
If an employer violates any provision of subsection (b) of this section, an applicant for employment may:
(1)
submit to the Commissioner a written complaint; or
(2)
bring an action for injunctive relief, damages, or other relief.
(d)
Whenever the Commissioner determines that this section has been violated, the Commissioner may try to resolve any issue involved in the violation informally by mediation.
Md. Code Ann., Lab. & Empl. § 3-702 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–702LinkCopy Citation
(a)
In this section, “employer” means:
(1)
a person engaged in a business, industry, profession, trade, or other enterprise in the State;
(2)
the State;
(3)
a county; and
(4)
a municipal corporation in the State.
(b)
(1)
This section does not apply to the federal government or any of its units.
(2)
This section does not apply to an individual who is an employee of or applies for assignment to the Intelligence and Investigative Division of the Department of Public Safety and Correctional Services.
(3)
This section does not apply to an individual who applies for employment or is employed:
(i)
as a law enforcement officer, as defined in § 3–101 of the Public Safety Article;
(ii)
as an employee of a law enforcement agency of the State, a county, or a municipal corporation;
(iii)
as a communications officer of the Calvert County Control Center;
(iv)
as a correctional officer of a State correctional facility;
(v)
as an employee of a State correctional facility in any capacity that involves direct contact with an incarcerated individual in a State correctional facility;
(vi)
as a correctional officer of the Calvert County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Detention Center;
(vii)
as a correctional officer of the Carroll County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Detention Center;
(viii)
as a correctional officer of the Washington County Detention Center or in any other capacity that involves direct personal contact with an incarcerated individual in the Center; or
(ix)
as a correctional officer of:
(1)
the Baltimore County Detention Center;
(2)
the Cecil County Detention Center;
(3)
the Charles County Detention Center;
(4)
the Frederick County Adult Detention Center;
(5)
the Harford County Detention Center; or
(6)
the St. Mary’s County Detention Center.
(4)
This section does not apply to an applicant for employment as a correctional officer of a local correctional facility.
(5)
This section does not apply to an applicant for employment with either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections in any capacity that involves direct contact with an incarcerated individual in either the Anne Arundel County Department of Detention Facilities or the Caroline County Department of Corrections.
(6)
This section does not apply to an applicant for employment with the Washington County Emergency Communications Center.
(7)
This section does not apply to an applicant for employment:
(i)
as a paramedic or an emergency medical technician with St. Mary’s County; or
(ii)
with the St. Mary’s County Emergency Communications Center.
(8)
This section does not apply to an applicant for employment:
(i)
as a paramedic or an emergency medical technician with the Emergency Medical Services Division within the Dorchester County Department of Emergency Services; or
(ii)
as a 9–1–1 Specialist at the Dorchester County 9–1–1 Center within the Dorchester County Department of Emergency Services.
(c)
An employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test.
(d)
(1)
Each application for employment shall set out, in bold–faced upper case type, the following notice:
“Under Maryland law, an employer may not require or demand, as a condition of employment, prospective employment, or continued employment, that an individual submit to or take a polygraph examination or similar test. An employer who violates this law is guilty of a misdemeanor and subject to a fine not exceeding $100.”
(2)
Each application shall provide a space for an applicant to sign an acknowledgment of the notice required under this subsection.
(e)
An applicant shall sign the acknowledgment of the notice required under subsection (d) of this section.
(f)
If an employer violates subsection (c) or (d) of this section, an applicant for employment or prospective employment or an employee may submit to the Commissioner a written complaint.
(g)
(1)
Whenever the Commissioner determines that this section has been violated, the Commissioner may:
(i)
try to resolve any issue involved in the violation informally by mediation; or
(ii)
ask the Attorney General to bring an action on behalf of the applicant or employee.
(2)
The Attorney General may bring an action under this section in the county where the violation allegedly occurred, for injunctive relief, damages, or other relief.
(h)
An employer who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
Md. Code Ann., Lab. & Empl. § 3-703 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–703LinkCopy Citation
An employer may not discharge an employee for participation in an activity of a civil air patrol, civil defense, volunteer fire department, or volunteer rescue squad if:
(1)
the activity is in response to an emergency that the Governor declares on the request of the governing body of a county or municipal corporation; and
(2)
the employee submits written proof that the participation of the employee was required.
Md. Code Ann., Lab. & Empl. § 3-704 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–704LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Managerial employee” means an employee who:
(i)
is not covered by a collective bargaining agreement;
(ii)
as primary duty of the employee, manages an enterprise or a unit of the enterprise that customarily is considered a department or subdivision of the enterprise;
(iii)
customarily and regularly supervises at least 2 other employees in the enterprise or unit;
(iv)
customarily and regularly exercises discretionary powers; and
(v)
may hire or fire another employee or makes recommendations that affect the hiring, advancement, firing, or any other change in status of another employee.
(3)
“Part–time employee” means an employee who is employed for a workweek of less than 25 hours.
(4)
“Professional employee” means an employee whose primary duty is to work in a field that requires advanced knowledge that customarily is acquired by a prolonged course of specialized instruction and study.
(b)
(1)
This subsection does not apply during an emergency that a federal, State, or local governmental authority declares.
(2)
An employee in a retail establishment may choose, as a day of rest, Sunday or the sabbath of the employee unless:
(i)
outside Wicomico County, the employee is a managerial employee, professional employee, or part–time employee; and
(ii)
in Wicomico County, the employee is a managerial employee or professional employee.
(3)
An employee who chooses a day of rest:
(i)
shall give written notice to the employer; and
(ii)
during the course of employment, may change the day of rest by giving written notice of the change to the employer at least 30 days before its effective date.
(c)
(1)
This subsection does not apply to a managerial employee or professional employee or, outside Wicomico County, a part–time employee.
(2)
If an employer compels an employee to work on the day of rest that the employee chooses under subsection (b) of this section, the employee is entitled to bring an action against the employer to recover 3 times the regular rate of pay of the employee for each hour the employee works on that day.
(d)
This section may not be applied to abridge any right that a collective bargaining agreement grants to a part–time employee or other employee.
(e)
This section does not affect the laws that relate to:
(1)
the sale of alcoholic beverages on Sunday; or
(2)
service of process on Sunday.
(f)
An employer may not:
(1)
discharge, discipline, discriminate against, or otherwise penalize an employee who chooses a day of rest; or
(2)
require an applicant for employment who seeks a workweek of at least 25 hours to answer any question to identify the day that the applicant chooses as a day of rest.
(g)
(1)
Whenever the Commissioner determines that this section has been violated, the Commissioner shall:
(i)
try to resolve any issue involved in the violation informally by mediation; or
(ii)
ask the Attorney General to bring an action on behalf of the applicant or employee.
(2)
The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
(h)
(1)
This subsection does not apply to an agent or supervisory employee of an employer who violates any provision of this section if the employer authorizes, directs, or otherwise causes the agent or supervisory employee to violate the provision.
(2)
Outside Wicomico County, an employer who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $250 or more than $500.
(3)
In Wicomico County, a person who violates any provision of this section is guilty of a misdemeanor and on conviction, for each employee who is caused, directed, permitted, or authorized to work:
(i)
for a first conviction, is subject to a fine not exceeding $500; and
(ii)
for a second conviction, is subject to a fine not exceeding $1,000.
(i)
In Wicomico County, the State’s Attorney may file a complaint to enjoin a violation of this section.
Md. Code Ann., Lab. & Empl. § 3-705 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–705LinkCopy Citation
A pension plan may not reduce a payment to an individual entitled to receive the payment because Social Security payments to that individual increase.
Md. Code Ann., Lab. & Empl. § 3-707 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–707LinkCopy Citation
(a)
This section applies to a proceeding before an administrative or executive board or any similar body provided by an employer, employee organization, or union to hear employee grievances.
(b)
(1)
At any proceeding, a deaf employee may request an interpreter.
(2)
The request must be in writing and submitted at least 5 days before the proceeding begins.
(c)
The employer, employee organization, or union shall notify the deaf employee in writing of the right granted by this section as soon as it is possible or at least 8 days before the hearing begins.
(d)
(1)
If an interpreter is requested under this section, the employer, employee organization, or union shall request the Department of Disabilities to assist in locating a qualified interpreter to assist at the hearing.
(2)
The Department of Disabilities shall promptly assist in locating an interpreter.
(e)
The interpreter shall facilitate communication between the affected parties, subject to the code of ethics of the National Registry of Interpreters for the Deaf.
(f)
The cost of the interpreter’s services shall be divided equally between the employer and the union or employee organization.
Md. Code Ann., Lab. & Empl. § 3-708 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–708LinkCopy Citation
(a)
An application for renewal of a license, certificate, permit, or other authorization that an individual is required by law to hold to engage in a profession or trade is considered timely if the application is submitted within 1 year after the end of the individual’s active service in the uniformed services.
(b)
An individual applying to work in a trade or profession is entitled to credit toward a period of service as an apprentice in, or in preparation for, the profession or trade if:
(1)
the period is required by law for the profession or trade;
(2)
the applicant performed work or received training pertaining to the profession or trade while in the uniformed services; and
(3)
the applicant submits evidence of time and nature of the work or training satisfactory to the entity that has approval authority under the law.
(c)
This section shall be construed liberally.
Md. Code Ann., Lab. & Empl. § 3-709 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–709LinkCopy Citation
An employee has the duties and rights set forth:
(1)
with respect to jury service in a circuit court of this State, in Title 8 of the Courts Article; and
(2)
with respect to jury service in a federal court, in 28 U.S.C. § 1861 et seq.
Md. Code Ann., Lab. & Empl. § 3-710 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–710LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Employer” means a person:
(i)
engaged in a retail establishment business in the State that has 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or
(ii)
that owns one or more retail establishment franchises with the same trade name with 50 or more retail employees in the State for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
(3)
“Franchise” has the meaning stated in § 14–201 of the Business Regulation Article.
(4)
(i)
“Retail establishment” means a place of business with the primary purpose of selling goods to a consumer who is present at the place of business at the time of sale.
(ii)
“Retail establishment” does not include:
(1)
a wholesaler, as defined in § 11–401(i) of the Commercial Law Article; or
(2)
a restaurant.
(b)
This section does not apply to an employee:
(1)
covered by a collective bargaining agreement or employment policy that includes shift breaks equal to or greater than those provided under this section;
(2)
exempt from overtime pay requirements under the Fair Labor Standards Act;
(3)
who works for a unit of the State, a county, or a municipality;
(4)
who works in a corporate office or other office location; or
(5)
who works for at least 4 consecutive hours for an employer at a single location with 5 or fewer employees.
(c)
(1)
(i)
Except as provided in paragraph (4) of this subsection or subparagraph (ii) of this paragraph, an employer may not employ an employee at a retail establishment for 4 to 6 consecutive hours without providing a nonworking shift break of at least 15 minutes.
(ii)
An employee is not entitled to a 15 minute shift break under this paragraph if the employee is entitled to a 30 minute shift break under paragraph (2) of this subsection.
(2)
An employer may not employ an employee at a retail establishment for more than 6 consecutive hours without providing a nonworking shift break of at least 30 minutes.
(3)
If an employee works 8 consecutive hours in a single shift, the employer shall provide an additional nonworking shift break of at least 15 minutes for every additional 4 consecutive hours the employer employs the employee in the shift.
(4)
If an employee’s work hours do not exceed 6 consecutive hours, the provisions of paragraph (1) of this subsection may be waived by written agreement between the employer and employee.
(5)
A shift break required under this subsection may be considered a working shift break if:
(i)
(1)
the type of work prevents an employee from being relieved of work during the nonworking shift break; or
(2)
the employee is allowed to consume a meal while working and the working shift break is counted towards the employee’s work hours; and
(ii)
the employer and employee mutually agree in writing to the working shift break.
(d)
(1)
If an employer violates subsection (c) of this section, an employee of the employer may file a complaint with the Commissioner.
(2)
If the Commissioner receives a complaint under paragraph (1) of this subsection, the Commissioner shall:
(i)
try to resolve the issue informally; or
(ii)
determine whether the employer has violated this section.
(3)
If the Commissioner determines that the employer has violated this section, the Commissioner shall:
(i)
issue an order compelling compliance with this section; and
(ii)
in the Commissioner’s discretion, assess a civil penalty of:
(1)
up to $300 for each employee for whom the employer is not in compliance with this section; or
(2)
up to $600 for each employee for whom the employer is not in compliance with this section if the violation occurred within 3 years after an employee filed a previous complaint that led to a determination that a violation had occurred.
(4)
The provisions of paragraphs (2)(ii) and (3) of this subsection are subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.
(5)
(i)
In determining whether there is a violation of this section, the Commissioner shall consider if there was a threat to public health or safety at the time the violation is alleged to have occurred.
(ii)
In determining the amount of any civil penalty to be imposed, the Commissioner shall consider the:
(1)
seriousness of the violation;
(2)
size of the employer’s business;
(3)
employer’s good faith in complying with this section; and
(4)
employer’s history of violations under this section.
(6)
If the employer fails to comply with an order issued for a violation under paragraph (3) of this subsection, the Commissioner may bring an action to enforce the order and civil penalty in the circuit court in the county where the employer is located.
(7)
If the employer fails to comply with an order issued for a subsequent violation against the same employee under paragraph (3) of this subsection within 3 years after the employee filed a complaint that is determined to be a violation under this subsection, the employee may bring an action to enforce the order in the circuit court in the county where the employer is located.
(8)
If an employee prevails in an action brought under paragraph (7) of this subsection, the employee may be entitled to:
(i)
three times the value of the employee’s hourly wage for each shift break violation of this section occurring after the most recent violation against the same employee; and
(ii)
reasonable attorney’s fees and other costs of the employee.
Md. Code Ann., Lab. & Empl. § 3-711 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–711LinkCopy Citation
(a)
This section does not apply to an employer that is:
(1)
required to inquire into an applicant’s or employee’s credit report or credit history under federal law or any provision of State law for the purpose of employment;
(2)
a financial institution that accepts deposits that are insured by a federal agency, or an affiliate or subsidiary of the financial institution;
(3)
a credit union share guaranty corporation that is approved by the Maryland Commissioner of Financial Regulation; or
(4)
an entity, or an affiliate of the entity, that is registered as an investment advisor with the United States Securities and Exchange Commission.
(b)
Except as provided in subsection (c) of this section, an employer may not use an applicant’s or employee’s credit report or credit history in determining whether to:
(1)
deny employment to the applicant;
(2)
discharge the employee; or
(3)
determine compensation or the terms, conditions, or privileges of employment.
(c)
(1)
An employer may request or use an applicant’s or employee’s credit report or credit history if:
(i)
(1)
the applicant has received an offer of employment; and
(2)
the credit report or credit history will be used for a purpose other than a purpose prohibited by subsection (b) of this section; or
(ii)
the employer has a bona fide purpose for requesting or using information in the credit report or credit history that is:
(1)
substantially job–related; and
(2)
disclosed in writing to the employee or applicant.
(2)
For the purposes of this subsection, a position for which an employer has a bona fide purpose that is substantially job–related for requesting or using information in a credit report or credit history includes a position that:
(i)
is managerial and involves setting the direction or control of a business, or a department, division, unit, or agency of a business;
(ii)
involves access to personal information, as defined in § 14–3501 of the Commercial Law Article, of a customer, employee, or employer, except for personal information customarily provided in a retail transaction;
(iii)
involves a fiduciary responsibility to the employer, including the authority to issue payments, collect debts, transfer money, or enter into contracts;
(iv)
is provided an expense account or a corporate debit or credit card; or
(v)
has access to:
(1)
information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A)
derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the disclosure or use of the information; and
(B)
is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or
(2)
other confidential business information.
(d)
(1)
If an employer violates subsection (b) of this section, the applicant or employee may file a written complaint with the Commissioner.
(2)
If the Commissioner receives a written complaint under paragraph (1) of this subsection, the Commissioner shall investigate the matter promptly.
(3)
If the Commissioner determines that the employer has willfully or negligently violated subsection (b) or (c) of this section, the Commissioner shall try to resolve the matter informally.
(4)
If the Commissioner is unable to resolve the matter informally, the Commissioner may:
(i)
assess a civil penalty of:
(1)
up to $500 for an initial violation of subsection (b) or (c) of this section; or
(2)
up to $2,500 for a repeat violation of subsection (b) or (c) of this section; and
(ii)
send an order to pay the civil penalty to the complainant and the employer.
(5)
(i)
Within 30 days after an employer receives an order to pay a civil penalty under paragraph (4) of this section, the employer may request a de novo administrative hearing, subject to the requirements of Title 10, Subtitle 2 of the State Government Article.
(ii)
On receipt of a request for a hearing under subparagraph (i) of this paragraph, the Commissioner shall schedule a hearing.
(iii)
If a hearing is not requested under subparagraph (i) of this paragraph, the order to pay a civil penalty becomes a final order of the Commissioner.
(6)
If an employer fails to comply with a final order to pay a civil penalty, the Commissioner or the complainant may bring an action to enforce the order to pay a civil penalty in the circuit court in the county where the employer or the complainant is located.
(e)
This section may not be construed to prohibit an employer from performing an employment–related background investigation that:
(1)
includes use of a consumer report or investigative consumer report;
(2)
is authorized under the federal Fair Credit Reporting Act; and
(3)
does not involve investigation of credit information.
Md. Code Ann., Lab. & Empl. § 3-712 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–712LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Applicant” means an applicant for employment.
(3)
(i)
“Electronic communications device” means any device that uses electronic signals to create, transmit, and receive information.
(ii)
“Electronic communications device” includes computers, telephones, personal digital assistants, and other similar devices.
(4)
(i)
“Employer” means:
(1)
a person engaged in a business, an industry, a profession, a trade, or other enterprise in the State; or
(2)
a unit of State or local government.
(ii)
“Employer” includes an agent, a representative, and a designee of the employer.
(b)
(1)
Subject to paragraph (2) of this subsection, an employer may not request or require that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device.
(2)
An employer may require an employee to disclose any user name, password, or other means for accessing nonpersonal accounts or services that provide access to the employer’s internal computer or information systems.
(c)
An employer may not:
(1)
discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for an employee’s refusal to disclose any information specified in subsection (b)(1) of this section; or
(2)
fail or refuse to hire any applicant as a result of the applicant’s refusal to disclose any information specified in subsection (b)(1) of this section.
(d)
An employee may not download unauthorized employer proprietary information or financial data to an employee’s personal website, an Internet website, a web–based account, or a similar account.
(e)
This section does not prevent an employer:
(1)
based on the receipt of information about the use of a personal website, Internet website, web–based account, or similar account by an employee for business purposes, from conducting an investigation for the purpose of ensuring compliance with applicable securities or financial law, or regulatory requirements; or
(2)
based on the receipt of information about the unauthorized downloading of an employer’s proprietary information or financial data to a personal website, Internet website, web–based account, or similar account by an employee, from investigating an employee’s actions under subsection (d) of this section.
(f)
(1)
Whenever the Commissioner determines that this section has been violated, the Commissioner shall:
(i)
try to resolve any issue involved in the violation informally by mediation; or
(ii)
ask the Attorney General to bring an action on behalf of the applicant or employee.
(2)
The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code Ann., Lab. & Empl. § 3-713 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–713LinkCopy Citation
(a)
In this section, “tipped employee” means an employee who is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips or gratuities.
(b)
(1)
An employer may not require a tipped employee to reimburse the employer or pay to the employer an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.
(2)
Subject to § 3–503 of this title, an employer may not make a deduction from the wage of a tipped employee to reimburse the employer for an amount equivalent to a customer’s charge for food or beverages if the customer leaves the employer’s place of business without paying the charge for food or beverages.
(c)
Each employer shall keep posted conspicuously in a place where a tipped employee is employed a printed notice of the provisions of this section, in a form that the Commissioner requires.
Md. Code Ann., Lab. & Empl. § 3-714 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–714LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Eligible veteran” means a veteran, as defined in § 9–901 of the State Government Article, who has received an other than dishonorable discharge or a certificate of satisfactory completion of service, including:
(i)
a reserve component;
(ii)
the Commissioned Corps of the Public Health Service; and
(iii)
the Commissioned Corps of the National Oceanic and Atmospheric Administration.
(3)
“Employer” includes a county or municipal corporation.
(b)
Subject to subsection (d) of this section, an employer may grant a preference in hiring and promotion to:
(1)
an eligible veteran;
(2)
the spouse of an eligible veteran who has a service–connected disability;
(3)
the spouse of an active service member; or
(4)
the surviving spouse of a deceased eligible veteran.
(c)
Granting a preference under subsection (b) of this section does not violate any State or local equal employment opportunity law.
(d)
If an employer that is a county or municipal corporation chooses to grant a preference under subsection (b) of this section, the county or municipal corporation may adopt a local law that provides for the hiring and promotion preference before implementing the preference.
Md. Code Ann., Lab. & Empl. § 3-715 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–715LinkCopy Citation
(a)
Except as prohibited by federal law, a provision in an employment contract, policy, or agreement that waives any substantive or procedural right or remedy to a claim that accrues in the future of sexual harassment or retaliation for reporting or asserting a right or remedy based on sexual harassment is null and void as being against the public policy of the State.
(b)
(1)
An employer may not take adverse action against an employee because the employee fails or refuses to enter into an agreement that contains a waiver that is void under subsection (a) of this section.
(2)
Adverse action prohibited under this subsection includes:
(i)
discharge;
(ii)
suspension;
(iii)
demotion;
(iv)
discrimination in the terms, conditions, or privileges of employment; or
(v)
any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable employee from making a complaint, bringing an action, or testifying in an action regarding a violation of this section.
(c)
An employer who enforces or attempts to enforce a provision that violates subsection (a) of this section shall be liable for the employee’s reasonable attorney’s fees and costs.
Md. Code Ann., Lab. & Empl. § 3-716 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–716LinkCopy Citation
(a)
(1)
(i)
In this subsection the following words have the meanings indicated.
(ii)
“Enforcement date” means the earliest date on which an employer seeking to enforce a noncompete or conflict of interest provision in an employment contract or a similar document or agreement concerning an employee:
(1)
files an action or otherwise seeks judicial enforcement of the provision;
(2)
initiates arbitration or another form of formal dispute resolution to enforce the provision; or
(3)
demands in writing that the employee comply with the provision.
(iii)
“Licensed architect” has the meaning stated in § 3–101 of the Business Occupations and Professions Article.
(iv)
“Principal place of business” means the single location from which the officers of the employer direct, control, and coordinate the activities of the employer.
(2)
This subsection applies:
(i)
to an employment contract or a similar document or agreement concerning:
(1)
an employee who earns equal to or less than 150% of the State minimum wage rate established under § 3–413 of this title;
(2)
employment in a position for which the employee:
(A)
is required to be licensed under the Health Occupations Article;
(B)
is employed in a position that provides direct patient care; and
(C)
earns equal to or less than $350,000 in total annual compensation;
(3)
a licensed architect who is employed by an employer that:
(A)
on the first day of the employee’s employment employs more than 30 employees, the majority of whom report to a primary work site located in the State or perform work remotely from within the State; and
(B)
on the enforcement date, does not have the majority of its employees report to a primary work site located in the State or perform work remotely from within the State, or does not have its principal place of business located in the State; or
(4)
an employee licensed as a veterinary practitioner or veterinary technician under Title 2, Subtitle 3 of the Agriculture Article; and
(ii)
whether or not the employer and employee entered into the employment contract or similar document or agreement in the State.
(3)
This subsection does not apply to an employment contract or a similar document or agreement with respect to the taking or use of a client or patient list or other proprietary client–related or patient–related information.
(4)
A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self–employed in the same or similar business or trade shall be null and void as being against the public policy of the State.
(b)
(1)
This subsection applies only to an employment contract or similar document or agreement concerning employment in a position for which the employee:
(i)
is required to be licensed under the Health Occupations Article;
(ii)
is employed in a position that provides direct patient care; and
(iii)
earns more than $350,000 in total annual compensation.
(2)
(i)
The period for which a noncompete or conflict of interest provision in an employment contract or similar document or agreement is in effect may not exceed 1 year from the last day of employment.
(ii)
The geographical restriction in a noncompete or conflict of interest provision in an employment contract or similar document or agreement may not exceed 10 miles from the primary place of employment.
(3)
On request of a patient, an employer of an employee described in paragraph (1) of this subsection shall provide notice to a patient of the new location where a former employee will be practicing.
Md. Code Ann., Lab. & Empl. § 3-717 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–717LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Facial recognition service” means technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.
(3)
“Facial template” means the machine–interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.
(b)
An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant’s interview for employment unless an applicant consents under subsection (c) of this section.
(c)
(1)
An applicant may consent to the use of facial recognition service technology during an interview by signing a waiver.
(2)
The waiver signed under paragraph (1) of this subsection shall state in plain language:
(i)
the applicant’s name;
(ii)
the date of the interview;
(iii)
that the applicant consents to the use of facial recognition during the interview; and
(iv)
whether the applicant read the consent waiver.
Md. Code Ann., Lab. & Empl. § 3-718 (2026)
Title 3. Employment Standards and Conditions
Subtitle 7. Miscellaneous
§ 3–718LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Political matters” means matters relating to:
(i)
elections for political office;
(ii)
political parties;
(iii)
proposals to change:
(1)
legislation;
(2)
regulations; or
(3)
public policy; or
(iv)
the decision to join or support a political party or potential civic, community, fraternal, or labor organization.
(3)
“Religious matters” means matters relating to religious belief, affiliation, and practice or the decision to join and support a religious organization or association.
(b)
This section does not apply to an employer that:
(1)
is a religious corporation, organization, or association or an educational institution or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 under 42 U.S.C. § 2000e–1(a) or is exempt for employment discrimination protections under State law;
(2)
is a political organization that requires its employees to attend an employer–sponsored meeting or to participate in communications with the employer or the employer’s agents or other representatives for the purpose of communicating the employer’s political tenets or purposes;
(3)
is an educational institution that requires a student or an instructor to attend lectures on political or religious matters as part of the regular coursework at the institution;
(4)
is a nonprofit, tax–exempt training program that requires a student or an instructor to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters as it relates to the mission of the training program;
(5)
requires employees to undergo training to comply with federal or State law, including training related to the employer’s obligations under civil rights laws and occupational safety and health laws; or
(6)
is a governmental unit holding a new employee orientation.
(c)
An employer, or the employer’s agent, representative, or designee, may not:
(1)
discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee because the employee declines to attend, participate in, or listen to communications from the employer, or the employer’s agent, representative, or designee, in an employer–sponsored meeting during which the employer communicates the opinion of the employer regarding religious matters or political matters; or
(2)
fail or refuse to hire an applicant for employment as a result of the applicant’s refusal to attend or participate in an employer–sponsored meeting during which the employer communicates the opinion of the employer regarding religious matters or political matters.
(d)
This section does not prohibit an employer:
(1)
from communicating information that the employer is required by law to communicate;
(2)
from conducting a meeting that involves religious matters or political matters if attendance and participation are voluntary;
(3)
from communicating to its employees information that is necessary for its employees to perform their job duties;
(4)
that is an institution of higher education, or an agent or other representative or designee of the institution, from meeting with or participating in communications with its employees that are part of coursework, a symposium, or an academic program at the institution; or
(5)
that is a governmental unit from communicating to its employees information related to a policy of the employer or a law that the employer is responsible for administering.
(e)
(1)
If an employee believes that an employer has violated this section, within 180 days after the alleged violation, the employee may file a written complaint with the Commissioner.
(2)
After receiving a written complaint filed under paragraph (1) of this subsection, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation.
(3)
If the Commissioner is unable to resolve an issue through mediation and, after an investigation, the Commissioner determines that the employer has violated this section, the Commissioner may assess a civil penalty of:
(i)
for an initial violation, up to $10,000; or
(ii)
for a subsequent violation, up to $25,000.
(4)
In addition to civil penalties assessed under paragraph (3) of this subsection, the Commissioner may:
(i)
issue an order to cease and desist from the violation and any further similar violations; or
(ii)
award any other relief that the Commissioner determines is appropriate, including:
(1)
injunctive relief;
(2)
compensatory damages;
(3)
affirmative relief, including:
(A)
the reinstatement of the employee to the employee’s former position or an equivalent position;
(B)
back pay and interest amounts owed; or
(C)
restoration of employee benefits, pension or retirement accrual, and other terms and conditions of employment for which the employee would have been eligible; or
(4)
reasonable attorney’s fees and other costs.
(5)
The Commissioner may file a petition in any circuit court for any county seeking enforcement of an order under this section.
(f)
(1)
Each employer shall notify the employer’s employees of the requirements and protections provided under this section by:
(i)
posting the poster or notice developed under paragraph (2) of this subsection in a place where employee notices are customarily posted or in another conspicuous place accessible by all employees of the employer; and
(ii)
providing the notice developed under paragraph (2) of this paragraph to each new employee on hiring.
(2)
(i)
The Commissioner shall develop and make available to employers a poster and model notice that summarizes the rights established under this section, including how to file a complaint with the Commissioner.
(ii)
The poster and model notice developed under subparagraph (i) of this paragraph shall be made available in English and any other languages commonly used by employees in the State.
(3)
The Commissioner shall consider failure to comply with the notice requirement established under paragraph (1) of this subsection an aggravating factor when awarding relief under subsection (e) of this section.