Maryland employment law overview

Maryland has some laws that provide greater protections to employees than federal law, including pregnancy accommodation rights, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as overtime pay, military leave and occupational safety. 

Select Maryland employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Maryland employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Maryland Fair Employment Practices Act (FEPA) prohibits certain employers from discriminating on the basis of protected characteristics, including but not limited to: 

• Race, including hair texture and hairstyles typically associated with a particular race; 
• Color; 
• Religion; 
• Sex; 
• Sexual orientation; 
• Gender identity; 
• Age; 
• National origin/ancestry; 
• Marital status; 
• Disability unrelated to job performance; and 
• Genetic information. 

Harassment is considered to be a form of discrimination under the FEPA. 

Equal pay 

Maryland’s Equal Pay for Equal Work law prohibits employers from paying a wage to employees of one sex or gender identity at a rate less than the rate paid to employees of another sex or gender identity if both employees work in the same establishment and perform comparable work. Employers are also prohibited from providing less favorable employment opportunities on the basis of an employee’s sex or gender identity. The law permits pay differentials based on: 

• A nondiscriminatory seniority or merit increase system; 
• Jobs requiring different abilities, skills, duties or services; 
• Work performed on different shifts or at different times of day; 
• A system that measures performance based on quality or quantity of production; or 
• A bona fide factor other than sex or gender identity, including education, training or experience. 

Pay transparency  

Maryland has a pay transparency law that requires employers to disclose the wage range and a general description of benefits and other compensation in any public or internal job posting.  

If a public or internal posting for a position was not made available to an applicant, an employer must disclose the wage range and other information a job posting must contain to the applicant before discussing compensation with the individual and at any other time upon the applicant’s request. 

Salary history inquiry restrictions 

Employers in Maryland may not seek or rely on an applicant’s wage history in screening or considering the applicant for employment or in determining wages for the applicant. After making an initial offer of employment, an employer may rely on or seek to confirm wage information voluntarily provided by the applicant to support a wage higher than the employer’s initial offer. 

Employee wage disclosure rights 

Maryland prohibits an employer from taking an adverse employment action against an employee who inquires about, discusses or discloses his or her own wages or the wages of another, if those wages have been disclosed voluntarily. Employees who have regular access to wage information are not protected by the law, unless they obtain the wage information outside of their normal duties. An employer may maintain a written policy, establishing reasonable workday limitations on the time, place and manner for inquiries about or the discussion or disclosure of an employee’s wages. 

Pregnancy accommodation 

Under Maryland’s Reasonable Accommodations for Disabilities Due to Pregnancy Act, an employer with 15 or more employees must provide reasonable accommodations to employees who are temporarily disabled due to pregnancy unless doing so would cause the employer an undue hardship. Reasonable accommodations include, but are not limited to: 

• Changing the employee’s job duties; 
• Changing the employee’s work hours; 
• Relocating the employee’s work area; 
• Providing mechanical or electrical aids; 
• Transferring the employee to a less-hazardous or less-strenuous position; and 
• Providing a leave of absence. 

Breastfeeding breaks 

Maryland does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Maryland law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Maryland’s Health Care Whistleblower Protection Act protects board-licensed or board-certified health care workers from retaliatory personnel actions based on their whistleblowing activities 

Maryland also allows for whistleblower incentive and reward payments regarding reports of tax violations. The law contains retaliation protections for whistleblowers. 

Scheduling 

Maryland does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Maryland employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

The Job Applicant Fairness Act generally prohibits a covered Maryland employer from using a credit report to determine: 

• Whether to hire a job applicant; 
• Whether to terminate an employee; or 
• The rate of pay or other conditions of employment to offer an employee. 

An employer must provide individuals with written notice if it uses their credit report or credit history for a job-related purpose. 

Ban the Box and Fair Chance 

The Maryland Criminal Record Screening Practices Act limits a covered employer’s use of criminal history and/or criminal records in employment decisions. Among other things it prohibits a covered employer from conducting a criminal history records check on the applicant prior to the first in-person interview. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Maryland. 

Wage and hour 

Maryland employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Maryland’s minimum wage is $15.00 per hour. A tip credit is available for employees who receive tips. 

Overtime 

With certain exceptions, nonexempt employees must be paid one-and-one-half times their usual hourly rate for all hours worked in excess of 40 in a workweek. 

Meal and rest breaks 

Certain retail employers must provide, with some exceptions, nonworking shift breaks to certain employees, the length and the number of breaks depending on the number of hours the employee is employed in the shift. Non-retail employees are not entitled to meal breaks, but any meal breaks count as hours worked if the employee is required to perform any duties during the break. 

In addition, Maryland law imposes restrictions on the hours that may be worked by minors and by nurses. 

Child labor 

Child labor laws in Maryland restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are generally prohibited from working in hazardous occupations, and minors under the age of 16 are prohibited from working in a variety of other occupations such as manufacturing. 

With some exceptions, a minor may not be employed or permitted to work more than five consecutive hours without a nonworking period of at least one half-hour. Each day, the total school and work hours of a minor may not exceed 12 hours, and the minor must have at least eight consecutive hours that are not school or work hours. 

Minors 14 and 15 years of age may not work before 7:00 a.m. or after 8:00 p.m. between Labor Day and Memorial Day. From Memorial Day to Labor Day, minors may work until 9:00 p.m., but no more than: 

• Four hours on any day when school is in session; 
• Eight hours on any day when school is not in session; 
• 23 hours in any week when school is in session for five days; and 
• 40 hours in any week when school is not in session. 

Pay and benefits 

Maryland employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Maryland employers must pay wages in cash, or by check convertible on demand, at face value, into cash. Direct deposit and debit cards are permitted under certain circumstances. 

Pay frequency and lag time 

An employer must set regular paydays and may pay employees biweekly or semimonthly. Less frequent paydays are permitted for exempt employees. 

If a payday falls on a nonworking day, such as a weekend or legal holiday, wages must be paid on the preceding workday. 

Pay deductions 

Wage deductions are only allowed in specific circumstances, including deductions: 

• Made under a court order (e.g., garnishments); 
• Authorized by the Maryland Division of Labor and Industry Commissioner because the employee has received full consideration for the deduction (e.g., long distance telephone calls on the employer’s business phone, personal loans or wage advances); and 
• Authorized under federal or state law; and 
• Authorized in writing by the employee. 

Pay statements 

For each pay period, an employer must give each employee a statement of his or her gross earnings and any deductions made. 

Wage theft 

Maryland does not have a wage theft law applicable to private employers. 

Health care continuation 

Maryland’s health care continuation coverage law requires that continuation coverage be offered to individuals who lose group coverage upon the occurrence of certain qualifying events such as: 

• Termination of employment; 
• Death of a covered employee; and 
• Divorce. 

Coverage generally may last up to 18 months. 

Temporary disability insurance 

Maryland does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Maryland employers may be required to follow certain requirements with respect to time off and leaves of absence. 

Family and medical leave 

Under the Maryland Flexible Leave Act (MFLA), an employer with 15 or more employees and that provides paid leave must allow an employee to use such earned paid leave to care for an immediate family member (child, spouse or parent) who is ill. The MFLA does not require that an illness be serious in order to qualify for coverage. Additionally, the MFLA does not extend or limit the maximum leave period allowed under the federal Family and Medical Leave Act. 

Under the Parental Leave Act (PLA), an employer with 15 to 49 employees must allow eligible employees to take six workweeks of unpaid leave in any 12-month period for: 

• The birth of the employee’s child; and 
• The placement of a child with the employee for adoption or foster care. 

An employee is eligible if he or she requested parental leave and has worked: 

• For the employer for at least 12 months; 
• For 1,250 hours during the previous 12 months; and 
• Works at a worksite where at least 15 employees work within a 75-mile radius. 

An employer may deny leave if the denial is necessary to prevent substantial and grievous economic injury to the employer’s operations, so long as the employer notifies the employee of the denial prior to the beginning of the leave. 

Paid sick leave 

The Maryland Healthy Working Families Act (MHWFA) requires an employer with 15 or more employees to provide paid sick and safe leave, while an employer with fewer than 15 employees must provide unpaid sick and safe leave. 

An employee must work at least 12 hours per week to be eligible for leave. Sick and safe leave may be taken for the following reasons: 

• To care for or treat the employee’s mental or physical illness, injury or condition; 
• To obtain preventive medical care for the employee or the employee’s family member; 
• To care for a family member with a mental or physical illness, injury or condition; 
• Maternity or paternity leave; and 
• Reasons related to domestic violence, sexual assault or stalking committed against the employee or a family member. 

Other time off requirements 

In addition to the MFLA, PLA and MHWFA, a Maryland employer may also be required to comply with other leave and time off laws, including but not limited to: 

• Family military leave; 
• Bone marrow and organ donor leave; 
• Emergency responder leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Jury duty leave; 
• Crime victim and witness leave; and 
• Voting leave. 

Health and safety 

Maryland employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Maryland operates its job safety and health programs under an approved state plan. Under the Maryland Occupational Safety and Health Act, an employer is required to provide and maintain a safe and healthful workplace for its employees. For example, an employer must: 

• Maintain current lists of hazardous chemicals present on a job site; 
• Provide safety training in certain circumstances; and 
• Take certain measures to assure safety for employees who perform work within 10 feet of a high voltage wire. 

Drug and alcohol testing 

A Maryland employer may test applicants for drugs and alcohol, as long as it follows certain procedures. 

In the event of a positive test result following a preliminary screening procedure, an employer must: 

• Send written notice to the applicant within 30 days of the positive test result; 
• Send a copy of the employer’s drug and alcohol policy; 
• Send written notice of any disciplinary action the employer intends to take; and 
• Advise the applicant of the right to have the sample retested. 

Smoke-free workplace 

Maryland requires all employers to ensure that there is no smoking in any indoor place of employment (e.g., restroom, conference room, cafeteria, hallway). The law requires signage to be posted at each entrance stating that smoking is not permitted. 

Weapons in the workplace 

In Maryland citizens are permitted to carry concealed weapons as long as they have a valid permit. However, Maryland does not have regulations that prevent employers from establishing policies forbidding weapons on company property, including parking lots and grounds.

Safe driving practices 

Texting and using handheld phones while driving are prohibited. 

Organizational exit 

Maryland employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees must be paid all wages due by the next regular payday. An employer is not required to pay accrued leave to a terminated employee if certain policy and notification requirements are met. 

Mass layoffs 

Covered Maryland employers must give 60 days’ advance written notice of a reduction in their operations to affected employees and others. 

The notification requirement applies to employers with at least 50 employees operating an industrial, commercial or business enterprise in Maryland for at least one year. Situations involving a reduction in operations that require advance notification include: 

• The relocation of a part of an employer’s operation from one workplace to another existing or proposed site; or 
• The shutting down of a workplace, or part of the operations of a workplace, that reduces the number of employees by at least 25 percent or 15 employees, whichever is greater, over any three-month period (as opposed to 33 percent or 50 employees under federal law). 

AI in employment 

An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant’s employment interview unless the applicant provides consent.