Md. Code, Labor and Employment, Title 7

Md. Code, Labor and Employment, Title 7
in effect

Md. Code, Labor and Employment § 7-101

(a) In this title the following words have the meanings indicated. (b) “Agricultural operation” means: (1) a person: (i) who performs a farm labor contracting service; and (ii) who: 1. owns or operates a farm; 2. owns or operates a cannery, packing shed, or other processing establishment; or 3. produces or conditions seed; or (2) a nonprofit or cooperative association that: (i) performs a farm labor contracting service; (ii) consists of owners or operators of farms; and (iii) is incorporated or qualified under the laws of the State. (c) “Agricultural work” means employment: (1) on a farm, in any activity that relates to the maintenance, management, or operation of the farm or its tools or other equipment, including cultivation of soil, raising of bees, or the growing, harvesting, or producing of an agricultural or horticultural commodity; or (2) by the owner or operator of a farm, to dry, to freeze, to grade, to pack, to package, to plant, to process, or otherwise to handle an agricultural or horticultural commodity in its unmanufactured state before delivery for storage. (d) “Commissioner” means the Commissioner of Labor and Industry. (e) (1) “Farm” means an area that is used primarily to raise an agricultural or horticultural commodity. (2) “Farm” includes: (i) a dairy farm; (ii) a fruit farm; (iii) a furbearing animal farm; (iv) a greenhouse; (v) a nursery; (vi) an orchard; (vii) a poultry farm; (viii) a ranch; (ix) a stock farm; and (x) a truck farm. (f) “Farm labor contractor” means a person, other than an agricultural operation or an employee of an agricultural operation, who performs a farm labor contracting service for consideration. (g) “License” means a license issued by the Commissioner to perform farm labor contracting services for consideration. (h) “Licensed farm labor contractor” means an individual who is licensed by the Commissioner to perform farm labor contracting services for consideration. (i) (1) “Migrant agricultural worker” means, except as provided in paragraph (2) of this subsection, an individual who: (i) is employed to perform agricultural work of a seasonal or other temporary nature; and (ii) in the course of employment: 1. is absent overnight from the permanent place of residence of the individual; or 2. as part of a day-haul operation, is transported or caused to be transported by a farm labor contractor or an agent of a farm labor contractor to or from the place of employment. (2) “Migrant agricultural worker” does not include: (i) an immediate family member of the owner or operator of a farm or a cannery, packing shed, or other processing establishment; (ii) an immediate family member of an individual who produces or conditions seeds; (iii) an immediate family member of a farm labor contractor; or (iv) a nonimmigrant alien, as defined in 8 U.S.C. § 1101(a)(15)(H)(ii)(a), who is authorized under federal law to work in agricultural employment in the United States. (j) “Perform a farm labor contracting service” means to recruit, to employ, to hire, to provide, to solicit, to transport, or to provide housing for a migrant agricultural worker.

Md. Code, Labor and Employment § 7-102

(a) This title does not apply: (1) to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker; (2) to a custom grain combine, hay harvesting, or sheep shearing operation or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation; (3) to an individual who performs farm labor contracting services, or an employee of the individual while the employee is performing a farm labor contracting service only for the individual, within a 25–mile intrastate radius of the permanent place of residence of the individual and not exceeding 13 weeks a year; (4) to an agricultural operation when engaging a farm labor contractor through the Maryland Department of Labor; or (5) to an individual who performs farm labor contracting services only for a farm or a cannery, packing shed, seed conditioning establishment, or other processing establishment, if: (i) the individual or an immediate family member of the individual exclusively owns and operates the farm or establishment; and (ii) only the individual and immediate family members of the individual perform farm labor contracting services for the farm or establishment. (b) This title does not apply: (1) to any person other than a farm labor contractor to whom no more than 10 migrant agricultural workers are provided at any time during the current and preceding calendar years; (2) to an individual while acting as an employee of an agricultural operation that is excluded under item (1) of this subsection; or (3) to a custom operation for poultry harvesting, breeding, debeaking, sexing, or health service or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation, unless the operation regularly requires an employee to be absent during nonworking hours from the domicile of the employee.

Md. Code, Labor and Employment § 7-103

An agreement by a migrant agricultural worker to waive or modify a right of the migrant agricultural worker under this title is void as contrary to public policy.

Md. Code, Labor and Employment § 7-201

To the extent practicable, the Commissioner shall reduce duplication of the licensing requirements and enforcement procedures under this title and any applicable federal law through an agreement with the United States Secretary of Labor that establishes a cooperative program to coordinate licensing and enforcement activities under this title with any coextensive program that the Department of Labor administers.

Md. Code, Labor and Employment § 7-202

(a) The Commissioner shall administer and enforce this title. (b) To administer or enforce this title, the Commissioner may: (1) conduct necessary investigations; and (2) enter, at reasonable times, without delay: (i) a migratory labor camp; (ii) a place of employment; or (iii) housing that a farm labor contractor provides to a migrant agricultural worker. (c) To administer or enforce this title, the Commissioner may administer oaths and depose witnesses. (d) (1) To administer or enforce this title, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records. (2) If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony.

Md. Code, Labor and Employment § 7-203

(a) In addition to any powers set forth elsewhere, the Commissioner: (1) may accept from any source a grant to carry out this title; and (2) to administer or enforce this title, may certify to official acts. (b) In addition to any duties set forth elsewhere, the Commissioner shall keep a central public registry of all licensed farm labor contractors.

Md. Code, Labor and Employment § 7-205

On request of the Commissioner, the Attorney General may proceed in a court or before a federal unit to enforce: (1) a decision of the Commissioner made under this title; (2) a subpoena issued under this title; (3) an order of the Commissioner passed under this title; or (4) the collection of a civil penalty assessed under this title.

Md. Code, Labor and Employment § 7-301

Except as otherwise provided in this title, an individual shall be licensed by the Commissioner before the individual may perform a farm labor contracting service in the State for consideration.

Md. Code, Labor and Employment § 7-302

(a) An applicant for a license shall: (1) submit to the Commissioner: (i) an application on the form that the Commissioner provides; and (ii) two recent, passport sized, color photographs of the applicant; and (2) pay to the Commissioner an application fee of $25. (b) The application shall state: (1) the permanent place of residence of the applicant; (2) each address where the applicant expects to reside while in the State; (3) each farm labor contracting service that the applicant will perform for consideration; (4) the name and address of each agricultural operation for whom the applicant will perform a farm labor contracting service, in the State, for consideration; (5) the name and permanent address of each person who will act as custodian of records of wages that are required under this title to be kept; (6) the number of migrant agricultural workers that the applicant expects to use in the State to perform a farm labor contracting service for consideration; (7) if the applicant will provide housing or cause housing to be provided to a migrant agricultural worker: (i) the name of each person who will provide the housing; and (ii) each address where the housing will be provided; (8) if registration is required under the federal Migrant and Seasonal Agricultural Worker Protection Act, the registration identification number of the applicant; (9) the name of a resident agent who is acceptable to the Commissioner; (10) the consent of the applicant to service of process on the resident agent whenever the applicant leaves the State or otherwise is unavailable to accept service; and (11) other relevant information that the Commissioner requires. (c) If information required under subsection (b) of this section changes, the applicant or, if a license has been issued, the licensee shall give the Commissioner notice of the change within 10 days after the applicant or licensee knows or should have known of the change. (d) Information in an application or in a notice of change may not be used to imply legal responsibility on an agricultural operation for the care, custody, or activities of a migrant agricultural worker whom a farm labor contractor provides. (e) The Commissioner shall make application forms reasonably available at convenient locations throughout the State.

Md. Code, Labor and Employment § 7-303

On receipt of an application for a license, the Commissioner shall investigate, as appropriate, to determine whether the applicant is entitled to be licensed.

Md. Code, Labor and Employment § 7-304

(a) The Commissioner shall issue a license to each applicant who meets the requirements of this subtitle. (b) The Commissioner shall attach to each license issued under this section a photograph of the licensee.

Md. Code, Labor and Employment § 7-307

While a licensee is performing a farm labor contracting service in the State, the licensee shall: (1) carry the license; and (2) show the license: (i) to each person with whom the licensee intends to deal as a farm labor contractor; and (ii) on request, to an authorized employee or official of the State.

Md. Code, Labor and Employment § 7-308

Subject to the hearing provisions of § 7–309 of this subtitle, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee: (1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; (2) fraudulently or deceptively uses a license; (3) knowingly makes any misrepresentation in the application; (4) is not the real party in interest in the application for a license and the real party in interest: (i) has been refused a license; (ii) has had a license suspended or revoked; or (iii) otherwise fails to qualify under this section for a license; (5) fails to comply with any provision of this title; (6) fails to comply with any regulation that the Commissioner adopts; (7) fails to comply with an order that the Commissioner passes; (8) fails to satisfy a judgment that the Commissioner obtains under this title; (9) knowingly gives a migrant agricultural worker who is recruited or hired false or misleading information about the existence or conditions of employment; (10) fails, without just cause, to comply with any agreement or arrangement with an agricultural operation or with a migrant agricultural worker; (11) is found by the Secretary of Health to have violated a regulation of the Secretary on housing, sanitation, or safety for migrant agricultural workers; (12) has had a farm labor contractor registration certificate suspended or revoked by the United States Department of Labor or by another state for a reason that would justify suspension or revocation of a license in this State; (13) has been convicted of a felony under a law of the State or under federal law; or (14) during the past 5 years, has been convicted of a misdemeanor in connection with performing a farm labor contracting service if the misdemeanor relates to: (i) gambling; (ii) sale, distribution, or possession of an alcoholic beverage; or (iii) sale, distribution, or possession of a controlled dangerous substance.

Md. Code, Labor and Employment § 7-309

(a) Except as provided in § 10-226 of the State Government Article or in § 7-310 of this subtitle, before the Commissioner takes any final action under § 7-308 of this subtitle, the Commissioner shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commissioner. (b) The Commissioner shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commissioner may hear and determine the matter.

Md. Code, Labor and Employment § 7-310

The Commissioner may suspend a license summarily pending the determination of a hearing under § 7-309 of this subtitle if the Commissioner finds suspension necessary to prevent abuse of or injury to a migrant agricultural worker.

Md. Code, Labor and Employment § 7-311

(a) If, after an investigation, the Commissioner has reason to believe that a person is performing a farm labor contracting service for consideration in the State without a license, the Commissioner may pass an order to require the person immediately to cease performing the farm labor contracting service. (b) The Commissioner shall give notice of the order and, if requested under subsection (d) of this section, hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) An order passed under this section shall be: (1) served personally; or (2) sent by certified mail to the last known address of the person. (d) (1) Within 7 days after service of an order under this section, the person may submit to the Commissioner a written request for a hearing. (2) Unless a person requests a hearing in accordance with paragraph (1) of this subsection, the order is final.

Md. Code, Labor and Employment § 7-312

(a) Subject to subsection (b) of this section, the Commissioner may require a farm labor contractor to post a surety bond or other security if the Commissioner: (1) finds that the farm labor contractor has violated a provision of this title or any order that the Commissioner passes or regulation that the Commissioner adopts; or (2) receives a certified record of the finding of a unit of another state or the United States that the farm labor contractor has violated any law that relates to: (i) registration as a farm labor contractor; or (ii) the employment of, provision of housing for, or transportation of a migrant agricultural worker. (b) The Commissioner may not require security on the basis of an administrative decision that a court nullifies. (c) The Commissioner may require security in an amount that the Commissioner considers adequate to ensure compliance with the laws of the State.

Md. Code, Labor and Employment § 7-313

Any person aggrieved by a final decision of the Commissioner in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Md. Code, Labor and Employment § 7-401

(a) (1) In accordance with this section, each farm labor contractor shall disclose to each migrant agricultural worker: (i) each place of employment in the State; (ii) a description of the crops and activities involved; (iii) each condition of employment at each place of employment, including: 1. the wage to be paid; 2. the person who will pay the wage; and 3. when the wage is due; (iv) the housing, insurance, or transportation that will be provided to the migrant agricultural worker; (v) any cost that will be charged to the migrant agricultural worker for housing, insurance, or transportation; and (vi) each labor dispute that the farm labor contractor knows exists at a place of employment. (2) Each farm labor contractor shall disclose to a migrant agricultural worker the information required under this subsection: (i) before the farm labor contractor causes the migrant agricultural worker to enter the State to perform agricultural work; (ii) if the migrant agricultural worker is recruited in the State, before the farm labor contractor recruits the migrant agricultural worker to perform agricultural work; or (iii) if the farm labor contractor is in the State with a migrant agricultural worker and has recruited the migrant agricultural worker when an agricultural operation asks the farm labor contractor to perform a farm labor contracting service, before the farm labor contractor performs the service. (b) Each farm labor contractor who provides housing for a migrant agricultural worker, by agreement with an agricultural operation or otherwise, shall ensure that all of the conditions of occupancy are posted conspicuously while the migrant agricultural worker stays in the housing. (c) Information that a farm labor contractor is required to disclose under this section shall be: (1) in writing; and (2) in English or, as necessary and reasonable for migrant agricultural workers who are not fluent or literate in English, in Spanish or another language common to the migrant agricultural workers. (d) On request, the Commissioner shall make available to a farm labor contractor forms to be used to disclose information as required under this section.

Md. Code, Labor and Employment § 7-402

Unless there is just cause for noncompliance, each farm labor contractor shall comply with: (1) each written agreement with an agricultural operation that relates to performing a farm labor contracting service or to protecting a migrant agricultural worker under this title; (2) each written agreement or working arrangement with a migrant agricultural worker; and (3) each written description of conditions of employment, housing, or transportation that is required under this subtitle to be disclosed to migrant agricultural workers.

Md. Code, Labor and Employment § 7-403

(a) The Commissioner may require, by regulation, a farm labor contractor to keep records of: (1) wages owed to each migrant agricultural worker for agricultural work performed in the State; and (2) wages paid to each migrant agricultural worker for agricultural work performed in the State. (b) A farm labor contractor shall keep all of the records required under subsection (a) of this section even if the farm labor contractor is not responsible for paying a migrant agricultural worker.

Md. Code, Labor and Employment § 7-404

(a) Each farm labor contractor shall ensure that each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State meets applicable federal and State standards for safety. (b) Each farm labor contractor shall ensure that the driver of each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State is authorized under Title 16 of the Transportation Article to drive the vehicle. (c) (1) Each farm labor contractor shall ensure that the owner of each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State has a policy that insures against liability for bodily injury and damage to property that arises from the ownership or operation of the vehicle. (2) The Commissioner shall set, by regulation, the minimum amount of insurance coverage required under paragraph (1) of this subsection, but the amount may not exceed the coverage required under federal law.

Md. Code, Labor and Employment § 7-501

Except as otherwise provided in this title, a person may not perform a farm labor contracting service in the State for consideration unless licensed by the Commissioner.

Md. Code, Labor and Employment § 7-502

Unless authorized under this title to perform a farm labor contracting service for consideration, a person may not represent to the public, by the use of a title, including “licensed farm labor contractor”, by description of services, methods, or procedures, or otherwise, that the person is authorized to perform a farm labor contracting service in the State for consideration.

Md. Code, Labor and Employment § 7-503

(a) Except as otherwise provided in this title, a person may not use a farm labor contractor to perform a farm labor contracting service unless the person ascertains that the farm labor contractor is licensed by: (1) requesting confirmation from the Commissioner that the farm labor contractor is licensed; or (2) examining the license. (b) (1) Whenever a person makes a request under subsection (a)(1) of this section, the Commissioner shall inform the person whether the farm labor contractor is licensed. (2) Within 5 working days after a person makes a request under subsection (a)(1) of this section, the Commissioner shall respond in writing. (3) If the status changes during the term of the license, the Commissioner shall give the person who made the request written notice of the change. (4) If the Commissioner fails to provide the notice required under this subsection, a person is not liable for hiring a person who is not authorized to perform farm labor contracting services in the State. (c) Notwithstanding subsection (b)(4) of this section, a person may not hire or continue to use a farm labor contractor to perform a farm labor contracting service after the person receives notice from the Commissioner or otherwise learns that the farm labor contractor is not licensed.

Md. Code, Labor and Employment § 7-504

A person may not interfere with or intimidate an official or other employee of the Maryland Department of Labor assigned to carry out a function under this title.

Md. Code, Labor and Employment § 7-506

(a) Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates: (1) any provision of this title; (2) any order passed under this title; or (3) any regulation adopted to carry out this title. (b) A civil penalty under this section may not exceed $5,000 for each violation. (c) (1) Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to: (i) the size of the business; (ii) any good faith effort to comply with § 7-503 of this subtitle; and (iii) the history of previous violations. (2) Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to: (i) the size of the business; (ii) the gravity of the violation; (iii) the good faith of the farm labor contractor; and (iv) the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.

Md. Code, Labor and Employment § 7-507

A farm labor contractor who willfully violates any provision of this title or any regulation adopted to carry out this title is guilty of a misdemeanor and on conviction is subject: (1) for a first offense, to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both; and (2) for a subsequent offense, to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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