As per Maryland law, non-solicitation covenants used to prevent the solicitation of an employer’s workers may not be executed between an employer and an employee who earns below $15 per hour or $31,200 annually.
- Statutes: Md. Code, Lab. & Empl. § 3-716
- Legally Enforceable? Yes, agreements that meet state requirements may be enforced.
- Requirements: In general, non-solicitation agreements are examined in the same manner as non-competes (Lofton v. TLC Laser Eye Ctrs., Inc., 2001 WL 121809 (2001)). Non-solicitation agreements or clauses used for protecting an employer’s employees may be enforced if:
- The restricted party earns at least $15 per hour or $31,200 annually;
- Adequate consideration is provided;
- It is ancillary to an employment contract;
- The restriction is not injurious to the public or the restricted party; and
- The scope is reasonable (Becker v. Bailey, 268 Md. 93, 299 A.2d 835 (1973)).
Related Forms (2)
Maryland Non-Compete Agreement – Prevents parties with an unfair business advantage from competing with an employer.
Download: PDF, Word (.docx), OpenDocument
Maryland Non-Disclosure Agreement – A contract that prohibits an individual or entity from disclosing sensitive information.
Download: PDF, Word (.docx), OpenDocument