Section 8-205 - Independent contractors. - Maryland Statutes

§ 8-205. Independent contractors.
 

(a)  In general.- 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)  Regulations.- 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. 
 

[An. Code 1957, art. 95A, § 20; 1991, ch. 8, § 2; 2009, chs. 188, 548.]