A panel of the Fourth Circuit held unanimously last week that the Maryland Wage Payment and Collection Law (“MWPCL”) does not constitutional a fundamental public policy of Maryland sufficient to defeat a choice-of-law clause choosing the law of another state. Judge Gregory wrote the opinion in Kunda v. C.R. Bard, Inc., which was joined in by Judge Motz and Judge Duncan. Some key language:
[T]he MWPCL contains no express language of legislative intent that that law is a fundamental Maryland public policy. Furthermore, the MWPCL contains no language indicating that any contractual terms contrary to its provisions are void and unenforceable, or that any provision of the MWPCL may not be waived by agreement. Thus, we find that the MWPCL is not a fundamental Maryland public policy.