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Can a home care agency make caregivers sign a non-compete in Maryland?
Last verified October 17, 2026 · All Maryland resources
Banned below wage threshold. Maryland voids non-compete and conflict-of-interest (moonlighting) provisions for employees earning $22.50 an hour or less in 2026, which covers most hourly caregivers. Licensed health care workers who provide direct patient care and earn $350,000 or less are also covered. Agreements protecting client lists and client information are still allowed.
| Status | Banned below wage threshold |
|---|---|
| Wage threshold | Non-compete and conflict-of-interest provisions are void for employees earning 150% of the state minimum wage or less. With the state rate at $15.00 an hour in 2026, that is $22.50 an hour (roughly $46,800 a year at full time). |
| Healthcare-specific rule | Non-competes are void for employees licensed under the Health Occupations Article who provide direct patient care and earn $350,000 or less. Above $350,000 they are limited to 1 year and 10 miles from the primary workplace. |
| Client non-solicitation | The ban does not apply to provisions about taking or using a client or patient list or other proprietary client-related information. |
| Statute | Md. Code, Lab. & Empl. § 3-716 |
| Latest change | 2025-07-01 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
What should you confirm?
Caregivers paid more than $22.50 an hour who are not licensed under the Health Occupations Article are outside the ban.
General information, not legal advice.
Sources
More for Maryland
Non-compete rules by state: other states
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