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§ 8-205. Independent contractors

MD Lab & Emp Code § 8-205 (2019) (N/A)
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(a)    Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:

(1)    the individual who performs the work is free from control and direction over its performance both in fact and under the contract;

(2)    the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and

(3)    the work is:

(i)    outside of the usual course of business of the person for whom the work is performed; or

(ii)    performed outside of any place of business of the person for whom the work is performed.

(b)    The Secretary shall adopt regulations to provide:

(1)    general guidance about the application of subsection (a) of this section; and

(2)    specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.

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