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<section article="gle" article_name="Labor and Employment" number="3-716" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="7" subtitle_name="Miscellaneous">
  <level label="a">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“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:</text>
        <level label="1">
          <text>files an action or otherwise seeks judicial enforcement of the provision;</text>
        </level>
        <level label="2">
          <text>initiates arbitration or another form of formal dispute resolution to enforce the provision; or</text>
        </level>
        <level label="3">
          <text>demands in writing that the employee comply with the provision.</text>
        </level>
      </level>
      <level label="iii">
        <text>“Licensed architect” has the meaning stated in § 3–101 of the Business Occupations and Professions Article.</text>
      </level>
      <level label="iv">
        <text>“Principal place of business” means the single location from which the officers of the employer direct, control, and coordinate the activities of the employer.</text>
      </level>
    </level>
    <level label="2">
      <text>This subsection applies:</text>
      <level label="i">
        <text>to an employment contract or a similar document or agreement concerning:</text>
        <level label="1">
          <text>an employee who earns equal to or less than 150% of the State minimum wage rate established under § 3–413 of this title;</text>
        </level>
        <level label="2">
          <text>employment in a position for which the employee:</text>
        </level>
        <level label="A">
          <text>is required to be licensed under the Health Occupations Article;</text>
        </level>
        <level label="B">
          <text>is employed in a position that provides direct patient care; and</text>
        </level>
        <level label="C">
          <text>earns equal to or less than $350,000 in total annual compensation;</text>
        </level>
        <level label="3">
          <text>a licensed architect who is employed by an employer that:</text>
        </level>
        <level label="A">
          <text>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</text>
        </level>
        <level label="B">
          <text>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</text>
        </level>
        <level label="4">
          <text>an employee licensed as a veterinary practitioner or veterinary technician under Title 2, Subtitle 3 of the Agriculture Article; and</text>
        </level>
      </level>
      <level label="ii">
        <text>whether or not the employer and employee entered into the employment contract or similar document or agreement in the State.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>This subsection applies only to an employment contract or similar document or agreement concerning employment in a position for which the employee:</text>
      <level label="i">
        <text>is required to be licensed under the Health Occupations Article;</text>
      </level>
      <level label="ii">
        <text>is employed in a position that provides direct patient care; and</text>
      </level>
      <level label="iii">
        <text>earns more than $350,000 in total annual compensation.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
</section>
