Maryland Code § LE-3-716

Section LE-3-716
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(a) (1) 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; or
3. 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.
(2) 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.
(3) 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.

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