The Clause About Working Elsewhere
Lab. & Empl. § 3-716 — void for lower-wage workers and many health care workers
In Maryland, a noncompete provision that restricts an employee from working for a new employer or becoming self-employed in the same or a similar business is null and void for an employee who earns equal to or less than 150% of the State minimum wage rate.
Health care and veterinary workers. The same is true for an employee licensed under the Health Occupations Article who provides direct patient care and earns $350,000 or less in total annual compensation, and for licensed veterinary practitioners and technicians.
Above $350,000 in patient care. For a licensed employee providing direct patient care who earns more than $350,000, a noncompete may not run longer than 1 year from the last day of employment or reach more than 10 miles from the primary place of employment.
| The assumption | What the law actually does |
|---|---|
| The assumptionA noncompete binds every employee who signs one | What the law actually doesVoid for the earners and the health care and veterinary workers the section lists |
| The assumptionA high earner's noncompete can run for years | What the law actually doesIn direct patient care, no more than 1 year and 10 miles |
Non-solicitation and confidentiality agreements, trade secret law and the sale of a business follow rules of their own and are not all on this page. Whether a particular clause is enforceable is a question for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Lab. & Empl. § 3-716 — Noncompete and conflict of interest provisions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.