Can a Maryland NDA restrict competition for a low-wage employee?

No. Md. Code, Lab. & Empl. § 3-716 voids non-competes — and NDAs functioning as non-competes — for employees at or below the statutory wage threshold.

Does Maryland have a trade secrets act?

Yes. MUTSA (Md. Code, Com. Law §§ 11-1201 et seq.) tracks the Uniform Trade Secrets Act.

Will Maryland courts modify an overbroad NDA?

Yes. Maryland courts can blue-pencil restrictions to make them reasonable rather than voiding the entire clause.

Non-Disclosure Agreement for Maryland

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Maryland legal context

Maryland has adopted the Maryland Uniform Trade Secrets Act (MUTSA). Maryland's Noncompete and Conflict of Interest Clauses Act limits non-competes for low-wage workers, and 2023 amendments expanded the wage threshold. Maryland courts enforce reasonable NDAs and apply a flexible blue-pencil doctrine.

Key MD statutes

Maryland Uniform Trade Secrets Act (MUTSA)
Md. Code, Com. Law §§ 11-1201 to 11-1209
Trade secret definition, misappropriation claims, and remedies.
Noncompete and Conflict of Interest Clauses Act
Md. Code, Lab. & Empl. § 3-716
Voids non-competes for employees earning at or below the statutory wage threshold.
DTSA
18 U.S.C. §§ 1833–1839
Federal whistleblower immunity notice required.

Maryland-specific considerations

Low-Wage Non-Compete Ban
NDAs that act as non-competes are unenforceable against employees at or below the wage threshold under § 3-716.
Reasonableness Test
Restrictions must be reasonable in time, geography, and scope and protect a legitimate business interest.
Blue-Pencil Available
Maryland courts can modify overbroad restrictions to make them reasonable.
DTSA Notice
Required for exemplary damages and attorney's fees against employees under DTSA.