While non-compete clauses are legal and enforceable as a general proposition, in practice it depends very much on the specific facts. The reasonableness of the time and distance limitations matter a lot. Also, a non-compete will not be upheld to prevent an employee from changing jobs in their... View More

Yes, it may be binding, but it will depend on the reasonableness of the restrictions, according to MD law, and the pay and position of the contractor.

The short answer is no. Please see the following guidance:

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present for Form I-9.

Employers cannot ask employees for documentation to verify information entered in Section 1,... View More

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

If you have an employment contract that will be the first place you will want to look for the answer. In Maryland, employers are not required to give you a lunch break unless you a minor (under 18 years of age). Maryland employers are also not required to issue you benefits like paid or unpaid... View More

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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More

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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

Given that your question is one of ethics, this would be difficult to answer from a purely legal perspective. I have to refrain from providing my general opinion, but I will echo your sentiments regarding the mandatory nature of the shift deferential and holiday pay flowdown. Holiday and shift... View More

An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face... View More

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answered on Jul 4, 2025

You need to determine if your grandfather completed a valid gift before his death by showing he intended to give you the mower and trailer and that you took delivery—either by moving them into your possession or through some symbolic act he approved.

Because those items stayed at his home... View More

Anyone can file charges by going to the Commissioner in the county where the offense took place. You should determine how she accessed the account and take steps so that she can no longer access it.

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answered on Jun 25, 2025

Your relationship with Montgomery Soccer Inc. raises strong questions about whether you are legally an employee rather than an independent contractor. Maryland courts and agencies use a test that focuses on how much control the organization has over your work. If they set your schedule, dictate... View More

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answered on Jun 12, 2025

Your aide can legally transition to working directly for your mom, as Maryland law provides strong protections for minimum wage workers regarding non-compete clauses. Maryland's state law already bans the use of non-competes for employees making 150% of the minimum wage or less, and since... View More

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answered on Jun 11, 2025

I'm really sorry you’re going through this. You took a brave step in reporting mistreatment, and it’s not fair that you’re now facing even more hostility as a result. Retaliation after filing a complaint is not just wrong—it can also be a violation of your rights under federal law.... View More

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answered on May 31, 2025

You need to move quickly to gather and preserve any proof of your ex’s misconduct—photos of bruises, written statements from witnesses, school or medical reports, and any records you have of the DHS investigation. When you file your response to the custody petition, include these documents as... View More

If you're seeking a consult, you could need to reach out to Maryland law firms that practice in the area of whistleblower, qui tam, employment, and related areas. The attorney referral sections of local and state bar associations could be a starting point, as well as the "Find a... View More

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answered on May 14, 2025

You’ve already taken important steps just by trying and staying motivated, and that deserves real respect. In Maryland, there are several programs designed specifically to help individuals with a criminal record find stable employment. Groups like Maryland Reentry Initiative, the Center for Urban... View More