Maryland farm labor laws can be found in Md. HOUSING AND COMMUNITY DEVELOPMENT Code Ann. § 4-928 and Md. LABOR AND EMPLOYMENT Code Ann. §§ 7-101 through 7-507. § 4-928 deals with the migratory worker housing program. A Migratory Worker Housing Program is established and operated by the Department of Housing and Community Development. The department makes migratory worker housing loans from the Special Loan Programs Fund to a qualified owner of a migratory labor camp to make migratory worker housing safer and more healthy. To qualify for a migratory housing loan, the owner of a migratory labor camp shall live or have a principal place of business in Maryland, have been denied a loan by a private lending institution or have received a commitment from a private lending institution for less than the amount of money required to finance the necessary health and safety improvements; and have submitted to the Department a plan for the necessary health and safety improvements that has been approved by the Department of the Environment[i].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-202, the Commissioner of Labor and Industry has the power to conduct necessary investigations. The Commissioner may enter at reasonable times a migratory labor camp, a place of employment, or housing that a farm labor contractor provides to a migrant agricultural worker. The Commissioner may administer oaths and depose witnesses. 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 the title, Farm Labor Contractors;
2) a subpoena issued under the title;
3) an order of the Commissioner passed under the title; or
4) the collection of a civil penalty assessed under the title[ii].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-301, a license from the Commissioner is required to perform a farm labor contracting service in Maryland. A license expires on the first March 1 after its effective date[iii]. The licensee shall carry and show the license to persons with whom s/he intends to deal as a farm labor contractor[iv].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-308, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee fraudulently obtains a license, makes misrepresentations, fraudulently uses the license, fails to comply with the provisions of the title, regulations adopted and order passed by the commissioner and has been convicted of a felony, and misdemeanor relating to gambling and sale and possession of alcoholic beverages and controlled substances. The individual against whom denial, suspension, or revocation is contemplated has a right to hearing before the Commissioner[v].
Any person aggrieved by a final decision of the Commissioner in a contested case may appeal[vi].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-401, each farm labor contractor shall disclose to each migrant agricultural worker regarding each place of employment, a description of the crops and activities involved, wages, the housing, insurance, or transportation that will be provided to the migrant agricultural worker. The 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 to be disclosed to migrant agricultural workers[vii].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-403, the Commissioner may require, by regulation, a farm labor contractor to keep records of wages owed and wages paid to each migrant agricultural worker. The 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 meets applicable federal and State standards for safety. The farm labor contractor shall ensure that the owner of the vehicle has a policy that insures against liability for bodily injury and damage to property that arises from the ownership or operation of the vehicle[viii].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-501, a person may not perform a farm labor contracting service in the state for consideration unless licensed by the Commissioner. A person who is not authorized to perform a farm labor contracting service for consideration, 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 s/he is authorized to perform a farm labor contracting service in the State for consideration[ix].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-503, 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 requesting confirmation from the Commissioner that the farm labor contractor is licensed or examining the license. The commissioner shall within five days inform the person whether the farm labor contractor is licensed. 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.
A person may not interfere with or intimidate an official or other employee of the Department of Labor, Licensing, and Regulation assigned to carry out a function under the title[x]. A person may not assign or transfer a license[xi].
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-506, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates any provision of the title, any order passed under the title or any regulation adopted to carry out the title. A civil penalty may not exceed $ 5,000 for each violation. Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to:
1) the size of the business;
2i) any good faith effort to comply with § 7-503 of this subtitle; and
3) the history of previous violations.
Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to:
1) the size of the business;
2) the gravity of the violation;
3) the good faith of the farm labor contractor; and
4) the history of previous violation that relate to licensing or to the treatment of a migrant agricultural worker.
Pursuant to Md. LABOR AND EMPLOYMENT Code Ann. § 7-507, a farm labor contractor who willfully violates any provision of the 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.
[i] Md. HOUSING AND COMMUNITY DEVELOPMENT Code Ann. § 4-928.
[ii] Md. LABOR AND EMPLOYMENT Code Ann. § 7-205.
[iii] Md. LABOR AND EMPLOYMENT Code Ann. § 7-306.
[iv] Md. LABOR AND EMPLOYMENT Code Ann. § 7-307.
[v] Md. LABOR AND EMPLOYMENT Code Ann. § 7-308.
[vi] Md. LABOR AND EMPLOYMENT Code Ann.§ 7-313.
[vii] Md. LABOR AND EMPLOYMENT Code Ann. § 7-402.
[viii] Md. LABOR AND EMPLOYMENT Code Ann. § 7-404.
[ix] Md. LABOR AND EMPLOYMENT Code Ann. § 7-502.
[x] Md. LABOR AND EMPLOYMENT Code Ann. § 7-504.
[xi] Md. LABOR AND EMPLOYMENT Code Ann. § 7-505.


