Md. Code, Business Regulation, Title 9

in effect

Md. Code, Business Regulation § 9-101

(a) In this title the following words have the meanings indicated. (b) “Client” means an individual who seeks employment through an employment agency. (c) (1) “Employment agency” means a person who, for a fee: (i) obtains, offers to obtain, or attempts to obtain: 1. an employee for a person who seeks an employee; or 2. employment for a client; (ii) provides to a client information to enable the client to obtain employment; (iii) obtains, offers to obtain, or attempts to obtain employment or an engagement in connection with an entertainment, exhibition, or performance, including: 1. a ballet; 2. a circus; 3. a concert; 4. the legitimate theater; 5. modeling; 6. a motion picture; 7. an opera; 8. a phonograph recording; 9. the radio; 10. a transcription; 11. television; 12. the variety field; or 13. vaudeville; or (iv) 1. obtains, offers to obtain, or attempts to obtain an alien labor certification or immigrant visa for an individual; and 2. participates directly or indirectly in the recruitment or supply of an individual who resides outside of the continental United States for employment in the continental United States. (2) “Employment agency” does not include a person who merely: (i) conducts a business that directly employs individuals to provide part–time or temporary services to another person; (ii) as a lawyer, directly obtains an immigrant visa for an individual; (iii) conducts a business that: 1. receives a fee that is paid wholly by an employer; 2. does not collect money from an individual seeking employment; and 3. does not require an individual seeking employment to make a contract; or (iv) operates a nursing referral service agency that is licensed under Title 19, Subtitle 4B of the Health – General Article.

Md. Code, Business Regulation § 9-102

This title does not apply to: (1) a charitable, educational, fraternal, or religious organization that does not charge a fee for its services other than ordinary dues for membership; (2) a labor organization while obtaining or attempting to obtain employment for a member of the organization; or (3) an organization of employers while obtaining or attempting to obtain help for a member of the organization.

Md. Code, Business Regulation § 9-302

An employment agency may not: (1) knowingly refer a client to a job if any condition of the job violates any law; (2) refer a client to an establishment where a labor dispute exists; (3) as a condition of providing service to a client, require the client before acceptance of a job to execute: (i) a promissory note; or (ii) an instrument with warrant of attorney that authorizes confession of judgment; (4) advertise a job for which there is no order by an employer on file; (5) send a client to an employer for a job with no order on file for the job unless: (i) the employer previously requested regular interviews with qualified clients, the client is qualified, and the employment agency confirms the request before sending the client to the employer; or (ii) the employment agency tells the client that the employment agency has no order for the job; (6) split a fee with an employer or representative of an employer, except that the employment agency may accept from an employer all or part of a service fee for a client if the employment agency tells the client of the payment; (7) charge a client a registration fee or collect in advance from a client a payment for service to be performed for the client to obtain employment; (8) publish or cause to be published any false, fraudulent, or misleading information or promise; (9) solicit for other employment an individual who is employed by an employer with whom the employment agency placed the individual, unless the individual reactivates the application; (10) engage in fraud or dishonest dealing; or (11) violate this title.

Md. Code, Business Regulation § 9-303

Each employment agency shall keep a detailed record of: (1) each job order from an employer; and (2) each referral that the employment agency makes on a job order.

Md. Code, Business Regulation § 9-304

(a) Each employment agency shall keep a file of all job advertisements that identifies each advertisement by: (1) its date; and (2) the publication where the advertisement appears. (b) Each employment agency: (1) shall indicate on each advertisement and on all other promotional material the name of the employment agency; and (2) except in an advertisement that appears in a classified employment agency column of a newspaper, shall use the word “agency” in each advertisement.

Md. Code, Business Regulation § 9-305

(a) Each employment agency shall indicate, on each form that the employment agency uses, that it is an employment agency. (b) In a contract between an employment agency and a client, the term “acceptance of position by applicant” means: (1) commencement of work by a client; or (2) an agreement between a client and employer for the client to begin work on a fixed date at an agreed remuneration. (c) In each contract between an employment agency and a client, the employment agency shall state the fee that the employment agency charges the client for placement by the employment agency.

Md. Code, Business Regulation § 9-306

(a) If, within 90 days after a client starts a job, the client is discharged through no fault of the client or leaves the job voluntarily with just cause, an employment agency may charge the client a temporary placement fee of up to the lesser of: (1) 20% of the total compensation the client received; or (2) 75% of the permanent placement fee for the same job. (b) If, within 90 days after a client starts a job, the client is discharged for cause or leaves the job voluntarily without just cause, an employment agency may charge the client a temporary placement fee of up to 75% of the permanent placement fee.

Md. Code, Business Regulation § 9-307

If, for a pay period, the pay of an employee placed by an employment agency is not more than the minimum wage under § 3-413 of the Labor and Employment Article, the employment agency may not collect or attempt to collect more than 20% of its placement fee from the employee’s pay for the pay period.

Md. Code, Business Regulation § 9-308

Within 24 hours after a client demands reimbursement for ordinary and necessary travel expenses incurred as a result of a referral, an employment agency shall reimburse the client if the client did not obtain employment and: (1) the employment agency sent the client to an employer for a job for which the employment agency had no order and failed to tell the client that there was no order; (2) the client was qualified and the employment agency sent the client to an employer that previously asked for regular interviews with qualified clients, but the employment agency failed to confirm the order with the employer; or (3) the client was unqualified and the employment agency sent the client to an employer that previously asked for regular interviews with qualified clients.

Md. Code, Business Regulation § 9-309

(a) When an employment agency and a client execute a contract or other document, the employment agency shall give the client a copy of the document. (b) For each fee that an employment agency receives from a client, the employment agency shall give the client a receipt that states: (1) the name of the client; (2) the date of payment; (3) the amount of the fee paid; and (4) the balance of the fee due.

Md. Code, Business Regulation § 9-401

A person who violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

Md. Code, Business Regulation § 9-501

This title is the Maryland Employment Agency Act.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026