Maryland 2025 Regular Session

Maryland House Bill HB1288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1288
6	6
7	7	HOUSE BILL 1288
8	8	K3 5lr3034
9	9	CF SB 658
10	10	By: Delegates Rose, Griffith, McComas, and Miller
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Labor and Employment – Noncompete and Conflict of Interest Provisions 2
19	19
20	20	FOR the purpose of altering the noncompete and conflict of interest provisions in 3
21	21	employment contracts or similar documents that are null and void as being against 4
22	22	public policy; and generally relating to noncompete and conflict of interest 5
23	23	provisions. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Labor and Employment 8
27	27	Section 3–716 9
28	28	Annotated Code of Maryland 10
29	29	(2016 Replacement Volume and 2024 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Labor and Employment 14
35	35
36	36	3–716. 15
37	37
38	38	(a) (1) This subsection applies: 16
39	39
40	40	(i) to an employment contract or a similar document or agreement 17
41	41	concerning: 18
42	42
43	43	1. an employee who earns equal to or less than 150% of the 19
44	44	State minimum wage rate established under § 3–413 of this title; 20
45	45
46	46	2. employment in a position for which the employee: 21
47	47	2 HOUSE BILL 1288
48	48
49	49
50	50	A. is required to be licensed under the Health Occupations 1
51	51	Article; 2
52	52
53	53	B. is employed in a position that provides direct patient care; 3
54	54	and 4
55	55
56	56	C. earns equal to or less than $350,000 in total annual 5
57	57	compensation; or 6
58	58
59	59	3. an employee licensed as a veterinary practitioner or 7
60	60	veterinary technician under Title 2, Subtitle 3 of the Agriculture Article; and 8
61	61
62	62	(ii) whether or not the employer and employee entered into the 9
63	63	employment contract or similar document or agreement in the State. 10
64	64
65	65	(2) This subsection does not apply to an employment contract or a similar 11
66	66	document or agreement with respect to the taking or use of a client or patient list or other 12
67	67	proprietary client–related or patient–related information. 13
68	68
69	69	(3) A noncompete or conflict of interest provision in an employment 14
70	70	contract or a similar document or agreement that restricts the ability of an employee, ON 15
71	71	SEPARATION FROM THE EMPLOYER , to enter into employment with a new employer or 16
72	72	to become self–employed in the same or similar business or trade shall be null and void as 17
73	73	being against the public policy of the State. 18
74	74
75	75	(b) (1) This subsection applies only to an employment contract or similar 19
76	76	document or agreement concerning employment in a position for which the employee: 20
77	77
78	78	(i) is required to be licensed under the Health Occupations Article; 21
79	79
80	80	(ii) is employed in a position that provides direct patient care; and 22
81	81
82	82	(iii) earns more than $350,000 in total annual compensation. 23
83	83
84	84	(2) (i) The period for which a noncompete or conflict of interest 24
85	85	provision in an employment contract or similar document or agreement is in effect may not 25
86	86	exceed 1 year from the last day of employment. 26
87	87
88	88	(ii) The geographical restriction in a noncompete or conflict of 27
89	89	interest provision in an employment contract or similar document or agreement may not 28
90	90	exceed 10 miles from the primary place of employment. 29
91	91
92	92	(3) On request of a patient, an employer of an employee described in 30
93	93	paragraph (1) of this subsection shall provide notice to a patient of the new location where 31
94	94	a former employee will be practicing. 32
95	95	HOUSE BILL 1288 3
96	96
97	97
98	98	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
99	99	October 1, 2025. 2
100	100