A Maryland employment contract outlines the period of employment, compensation the employee will receive, the job role and responsibilities, confidentiality clauses, and other vital information to protect both the employer and employee.
For a contract to be valid in Maryland, it must be voluntary, made by competent parties, and supported by consideration [1] . While oral agreements are typically enforceable, having one in writing can help solve later disputes.
- Laws: Code of Maryland, Labor and Employment.
- Definition of Employee: § 3-101(c): “Any individual who performs services for, or under the control of, a provider of wages or remuneration.”
By Type (4)
Independent Contractor Agreement
Defines the client-contractor relationship and outlines the services to be performed.
Subcontractor Agreement
Details the scope of work between a general contractor and subcontractor.
Employee Non-Compete Agreement
Prevents workers from taking employment with a competitor or setting up a competing firm.
Employee Non-Disclosure Agreement
Protects secrets, keeping sensitive information confidential and secure.
Hiring in Maryland
When writing a Maryland employment contract, it’s crucial that you know the state laws and requirements when it comes to employment.
At-Will Employment
Maryland is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
Basic Minimum Rate (per hour): $13.25 [2] .
Premium Pay After Designated Hours: Weekly – 40.
Minors under 18 years old may be paid 85% of the minimum hourly rate.
Child Labor
Maryland requires the use of employment certificates for all minors under 18 [3] . Employment certificates can be obtained from the Maryland Department of Labor.
Age certification is not required in Maryland.
Payday
In Maryland, employers are required to pay employees on a bi-weekly or semi-monthly basis.
Meal and Rest Breaks
Maryland does not require paid minimum breaks for employees; however, it does require meal periods. For every four to six consecutive hours, a 15-minute break is required, or a 30-minute break for over six hours. For employees working eight or more consecutive hours, a 30-minute break must be provided, as well as an additional 15-minute break for every extra four consecutive hours worked.
Recordkeeping Requirements
Maryland employers must keep employee wages and job classification records [4] for at least three years [5] and for:
- Discrimination
- Safety & health/workers’ compensation
- Child labor
- Sick and safe leave
- Employee access to records
- Unemployment insurance (5 years)
Sample
Below, you can download a Maryland employment contract template in PDF or Word format.
