Effective October 1, 2026, Maryland House Bill 1016 limits the enforceability of noncompete and conflict‑of‑interest provisions for a specific subset of licensed architects, declaring certain post‑employment restrictions null and void as against public policy. The law amends Maryland’s existing restrictive‑covenant framework to address changes in employer location, remote work, and multistate operations, with a precise focus on architects whose employers’ workforce presence in Maryland materially changes over time.
Which Licensed Architects Are Covered
HB 1016 applies to a licensed architect who is employed by an employer that meets both of the following conditions:
- At the start of employment, the employer:
- Employs more than 30 employees, and
- Has a majority of employees who either
- report to a primary work site in Maryland, or
- perform work remotely from within Maryland; and
- On the enforcement date, the employer:
- No longer has a majority of employees reporting to a Maryland primary work site or working remotely from within Maryland, or
- Does not have its principal place of business in Maryland.
This two‑part framework captures situations in which an architect is hired by an employer that is meaningfully Maryland‑based at the outset of employment but, by the time enforcement is sought, has shifted its workforce or headquarters out of the state.
Effect on Noncompete and Conflict‑of‑Interest Provisions
For architects who meet the above criteria, any noncompete or conflict‑of‑interest provision that restricts the individual’s ability to work for a new employer or become self‑employed in the same or a similar profession is void and unenforceable. The statute applies regardless of how the restriction is framed.
Relationship to Other Maryland Noncompete Laws
HB 1016 operates alongside Maryland’s broader statutory restrictions on noncompetes, including:
- The prohibition on noncompetes for employees earning 150% or less of the state minimum wage; and
- Separate profession‑specific rules applicable to health care professionals and veterinary practitioners and technicians, including limits on duration and geographic scope for certain high‑earning health care employees.
HB 1016 does not expand noncompete enforcement rights in those areas but instead adds a targeted protection for licensed architects based on employer workforce dynamics and location.
Employer Takeaway
Beginning October 1, 2026, employers that hire licensed architects should carefully evaluate:
- Workforce size and location at the start of employment;
- Workforce distribution and principal place of business at the time enforcement is contemplated; and
- Whether existing noncompete or conflict‑of‑interest clauses would be rendered unenforceable under the statute.
Employers whose operations shift outside Maryland after hiring architects should expect that post‑employment restraints may be void as a matter of law and should consider relying instead on confidentiality, trade secret, and narrowly tailored nonsolicitation provisions, to the extent permitted. Proactive review and revision of architect employment agreements before the October 1, 2026 effective date will be critical to ensuring compliance with Maryland’s evolving restrictive‑covenant landscape.