MARYLAND - Workers’ Rights

Definition of agricultural worker under state law:

• Under the state’s Labor and Employment Chapter, “agricultural operation” and “agricultural work” are defined at Md. Code Ann., Lab. & Empl. §§ 7-101(b)–(c).

Wages and Overtime

Minimum Wage

• Maryland has a state minimum wage law. (Md. Labor and Employment Code Ann. § 3-401 et seq.)
• Maryland’s hourly minimum wage for employers with up to 14 employees is:
  • $12.80 effective Jan. 1, 2023, through Dec. 31, 2023.
  • $13.40 effective Jan. 1, 2024, through Dec. 31, 2024.
  • $14 effective Jan. 1, 2025, through Dec. 31, 2025.
• Maryland’s hourly minimum wage for employers with at least 15 employees is:
  • $13.25 effective Jan. 1, 2023, through Dec. 31, 2023.
  • $14 effective Jan. 1, 2024, through Dec. 31, 2024.
  • $15 effective Jan. 1, 2025.
• Different wage rates apply in different counties/geographic areas.
• Different wage rates and wage increases apply for employers with fewer than 15 employees, for tipped employees and for employees under the age of 18.
• Agricultural workers are covered by the state minimum wage, but with some exceptions (See Md. Labor and Employment Code Ann. § 3-403).

Overtime

• Maryland has a state law regarding overtime pay. (Md. Code Ann., Lab. & Empl. § 3-415)
• Agricultural workers are covered by the state overtime law to some extent, but to a lesser extent than others.
The overtime law does not apply to agricultural workers that fall under the exemptions listed in Section 3-403 (above). (Md. Code Ann., Lab. & Empl. § 3-403)

• Agricultural workers are not entitled to overtime compensation until they work more than 60 hours in a workweek. (Md. Code Ann., Lab. & Empl. § 3-415(a), Md. Code Ann., Lab. & Empl. § 3-420(c))

State Enforcement Agency

State Enforcement Agency:

Employment Standards Service, Maryland Department of Labor

Website: www.dllr.state.md.us 

Relevant Forms: https://www.dllr.state.md.us/labor/wages/essclaimform.shtml 

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions.  Agricultural workers are covered by the state workers’ compensation law unless the employer has less than three full time employees or a payroll of less than $15,000 for full-time employees. (Md. Labor And Employment Code Ann. § 9-210)

State Enforcement Agency: 

MD Workers’ Compensation Commission

Website: https://www.wcc.state.md.us/ 

Relevant Forms: https://www.wcc.state.md.us/WFMS/C1_WebForms.html

Field Sanitation

Maryland has a state law regarding field sanitation. (Md. Code Regs. 09.12.36.01 et seq.) 

Pesticide Safety

• Maryland has a state laws regarding pesticide use and safety in agriculture. (Md. Code Ann., Agric. §§ 5-101–5-211; Md. Code Regs. 15.05.01)
• Suspected pesticide poisoning is a reportable illness for health care providers.  Any pesticide-related exposure is required to be reported within one working day to physicians, hospitals, laboratories, and other health professionals. (Md. Code Reg. 10.06.01.03).

State Enforcement Agency:

Maryland Department of Health and Mental Hygiene

Website: http://www.mdpestnet.org/take-action/mandatory-reporting-for-health-care-providers/ 

Relevant Forms: https://phpa.health.maryland.gov/OEHFP/EH/Shared%20Documents/Occupational%20Reporting%20Form%20MD%20v1.pdf

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
• There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined) or to engage in collective bargaining with agricultural employers

State Legal Services Organizations

Centro de los Derechos del Migrante, Inc.

http://www.cdmigrante.org/

Maryland Legal Aid, Farmworker Program

http://www.mdlab.org