Labor and Employment - Temporary Workers

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1543*

HOUSE BILL 1543
K3 6lr3227

By: Delegate Bhandari
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Labor and Employment – Temporary Workers 2

FOR the purpose of establishing the Temporary Worker Oversight Unit in the Maryland 3
Department of Labor; requiring the Department to ensure certain rights of certain 4
workers, pro vide certain forms, and provide certain interpretation services ; 5
authorizing the Department to conduct certain inspections and examinations ; 6
requiring recruiters of temporary workers that operate in the State to register with 7
the Department and post a cert ain bond; prohibiting employers and recruiters of 8
temporary workers from taking certain actions; prohibiting an employer from 9
employing a temporary worker before filing a certain affidavit; establishing a 10
rebuttable presumption that certain adverse actions by employers of temporary 11
workers are retaliation; authorizing temporary workers to allow representatives of 12
certain organizations to enter employer–provided housing; authorizing 13
representatives of certain organizations to provide certain assistance, support, and 14
education to temporary workers; and generally relating to temporary workers. 15

BY adding to 16
Article – Labor and Employment 17
Section 7.5–101 through 7.5–401 to be under the new title “Title 7.5. Temporary 18
Workers” 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Labor and Employment 24

TITLE 7.5. TEMPORARY WORKERS. 25

2 HOUSE BILL 1543

SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 1

7.5–101. 2

(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANING S 3
INDICATED. 4

(B) “DEPARTMENT” MEANS THE MARYLAND DEPARTMENT OF LABOR. 5

(C) “EMPLOYER” MEANS A PERSON THAT EMPLOYS OR SPONSORS A 6
TEMPORARY WORKER IN THE STATE. 7

(D) “RECRUITER” MEANS A PERSON THAT RECRUITS, SOLICITS, HIRES, 8
REFERS, OR TRANSPORTS A TEMPORARY WORKER. 9

(E) “TEMPORARY WORKER ” MEANS AN INDIVIDUAL EMPLOYED IN THE 10
STATE UNDER AN H–2A OR H–2B VISA. 11

(F) “UNIT” MEANS THE TEMPORARY WORKER OVERSIGHT UNIT. 12

7.5–102. 13

IF TITLE 7 OF THIS ARTICLE CONFLICTS WITH THIS TITLE, THE PROVISIONS 14
OF THIS TITLE SHALL PREVAIL. 15

SUBTITLE 2. TEMPORARY WORKER OVERSIGHT UNIT. 16

7.5–201. 17

THERE IS A TEMPORARY WORKER OVERSIGHT UNIT IN THE DEPARTMENT. 18

7.5–202. 19

THE UNIT SHALL: 20

(1) COORDINATE ENFORCEMENT OF THIS TITLE; 21

(2) COLLECT DATA REGARDI NG THE IMPLEMENTATION O F THIS 22
TITLE; AND 23

(3) ON OR BEFORE JANUARY 31 EACH YEAR, SUBMIT A REPORT TO 24
THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE STATE 25
HOUSE BILL 1543 3

GOVERNMENT ARTICLE, THAT INCLUDES FOR TH E IMMEDIATELY PRECEDING 1
CALENDAR YEAR: 2

(I) THE ACTIONS OF THE UNIT TAKEN UNDER ITEM (1) OF THIS 3
SECTION; 4

(II) THE DATA COLLECTED U NDER ITEM (2) OF THIS SECTION ; 5
AND 6

(III) ANY OTHER RELEVANT I NFORMATION RELATED T O THE 7
IMPLEMENTATION OF THIS TITLE. 8

7.5–203. 9

(A) THE DEPARTMENT SHALL: 10

(1) ENSURE THAT A TEMPORARY WORKER IS ALLOWED TO: 11

(I) FILE COMPLAINTS WITH THE DEPARTMENT REGARDING 12
VIOLATIONS OF THIS TITLE; AND 13

(II) COMMUNICATE WITH DEPARTMENT INVESTIGATORS; 14

(2) PROVIDE ANY COMPLAINT FORMS, INFORMATIONAL FORMS, AND 15
COMMUNICATIONS RELATED TO THE ENFORCEMENT OF THIS TITLE IN ENGLISH AND 16
SPANISH; AND 17

(3) ON REQUEST , PROVIDE QUALIFIED SPANISH INTERPRETATION 18
SERVICES TO TEMPORARY WORKERS FOR INTERVIEWS , INVESTIGATIONS, AND 19
COMPLAINT PROCEEDINGS RELATED TO ALLEGED VIOLATIONS OF THIS TITLE. 20

(B) THE DEPARTMENT MAY: 21

(1) CONDUCT UNANNOUNCED INSPECTIONS OF WORK SITES AND 22
EMPLOYER–PROVIDED HOUSING FOR TEMPORARY WORKERS; AND 23

(2) EXAMINE PAYROLL RECO RDS, HOUSING CONDITIONS , 24
TRANSPORTATION ARRANGEMENTS, AND SAFETY COMPLIANCE. 25

SUBTITLE 3. RECRUITMENT AND EMPLOYMENT OF TEMPORARY WORKERS. 26

7.5–301. 27

4 HOUSE BILL 1543

A RECRUITER THAT OPERATES IN THE STATE SHALL: 1

(1) REGISTER WITH THE DEPARTMENT ANNUALLY ON A FORM THAT 2
THE DEPARTMENT REQUIRES; AND 3

(2) POST A SURETY BOND W ITH THE DEPARTMENT FOR NOT LE SS 4
THAN $10,000. 5

7.5–302. 6

(A) AN EMPLOYER OR A RECRUITER MAY NOT: 7

(1) CHARGE, COLLECT, OR CAUSE TO BE CHARGED OR COLLECTED, A 8
RECRUITMENT FEE , A PROMISSORY NOTE , A LOAN, OR ANY OTHER OBLIGATION 9
FROM A TEMPORARY WORKER; 10

(2) RETALIATE AGAINST A TEMPORARY WORKER FOR TAKING AN 11
ACTION AUTHORIZED UNDER THIS TITLE; 12

(3) INTERFERE WITH , BY INTIMIDATION OR O THERWISE, THE 13
PROVISION OF SERVICES UNDER § 7.5–303(B) OF THIS SUBTITLE; OR 14

(4) PREVENT A SERVICE PR OVIDER INVITED BY A TEMPORARY 15
WORKER FROM ENTERING THE EMPLOYER–PROVIDED HOUSING. 16

(B) AN EMPLOYER MAY NOT E MPLOY A TEMPORARY WORKER BEF ORE 17
FILING AN AFFIDAVIT STATING THAT THE EMP LOYER HAS NOT VIOLAT ED 18
SUBSECTION (A)(1) OF THIS SECTION WITH RESPECT TO THE TEMPORARY WORKER 19
ON A FORM REQUIRED BY THE DEPARTMENT. 20

(C) AN ADVERSE ACTION TAK EN AGAINST A TEMPORA RY WORKER WIT HIN 21
90 DAYS AFTER A COMPLAINT OR ACTION IS FILED UNDER § 7.5–401 OF THIS TITLE 22
CREATES A REBUTTABLE PRESUMPTION THAT THE EMPLOYER HAS VIOLATE D 23
SUBSECTION (A)(2) OF THIS SECTION. 24

7.5–303. 25

(A) A TEMPORARY WORKER MAY ALLOW A REPRESENTATI VE OF THE 26
FOLLOWING ORGANIZATIONS TO ENTER THE EMPLOYER–PROVIDED HOUSING: 27

(1) A FARM WORKER ADVOCACY ORGANIZATION; 28

(2) A LEGAL SERVICES ORGANIZATION; 29
HOUSE BILL 1543 5

(3) AN OUTREACH ORGANIZATION; 1

(4) A HEALTH SERVICE ORGANIZATION; 2

(5) A LABOR ORGANIZATION; AND 3

(6) ANY OTHER ORGANIZATION T HAT PROVIDES SERVICE S TO 4
TEMPORARY WORKERS. 5

(B) REPRESENTATIVES ALLOWED TO ENTER EMPLOYER–PROVIDED 6
HOUSING UNDER SUBSECTION (A) OF THIS SECTION MAY: 7

(1) PROVIDE ASSISTANCE TO TEMPORARY WORKERS CONSISTENT 8
WITH THE MISSION OF THE ORGANIZATION; 9

(2) SUPPORT THE TEMPORARY WORKERS IN FILING COMPLAINTS AND 10
ACTIONS UNDER § 7.5–401 OF THIS TITLE AND PURSUING RESOLUT IONS TO THE 11
ACTIONS AND COMPLAINTS; AND 12

(3) PROVIDE EDUCATION TO TEMPORARY WORKERS. 13

SUBTITLE 4. ENFORCEMENT. 14

7.5–401. 15

(A) IF AN EMPLOYER OR A RECRUITER VIOLATES THIS TITLE, A TEMPORARY 16
WORKER MAY: 17

(1) FILE A COMPLAINT WITH THE DEPARTMENT; OR 18

(2) BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION. 19

(B) (1) IF THE DEPARTMENT DETERMINES AN EMPLOYER HAS VIOLATED 20
THIS TITLE , THE DEPARTMENT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED 21
$10,000. 22

(2) FOR A VIOLATION INVOL VING MORE THAN ONE T EMPORARY 23
WORKER, EACH AFFECTED TEMPORARY WORKER CONSTITUTES A SEPARATE 24
VIOLATION. 25

(C) IN AN ACTION FILED UNDER SUBSECTION (A)(2) OF THIS SECTION: 26

6 HOUSE BILL 1543

(1) THE TEMPORARY WORKER MAY SEEK TREBLE DAMA GES AND 1
INJUNCTIVE RELIEF; AND 2

(2) THE COURT MAY AWARD REAS ONABLE FEES AND COST S, 3
INCLUDING ATTORNEY ’S FEES AND EXPERT WI TNESS FEES , TO THE PREVAILING 4
PLAINTIFF. 5

(D) AN EMPLOYER AND A RECRUITER ARE JOINTLY AND SEVERALLY LIABLE 6
FOR A VIOLATION OF THIS TITLE COMMITTED BY A RECRUITER ACTING ON BEHALF 7
OF THE EMPLOYER. 8

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10