Section 9-210 - Farm worker. - Maryland Statutes

§ 9-210. Farm worker.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Farmer" includes a dairy farmer. 

(3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is: 

1. absent overnight from the permanent residence of the individual; or 

2. transported to and from the place of employment of the individual by a day-haul operation. 

(ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual: 

1. does not operate equipment or machinery; and 

2. is employed: 

A. within 25 miles of the permanent residence of the individual; and 

B. for not more than 13 weeks a year. 

(b)  Employee covered.- Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if: 

(1) the individual receives compensation from a farmer for any service other than office work, including: 

(i) operating a machine connected with animal, crop, or soil management; 

(ii) constructing or repairing a fixture or machine; or 

(iii) handling an animal or crop with or without a machine; and 

(2) the farmer has: 

(i) at least 3 full-time employees; or 

(ii) an annual payroll of at least $15,000 for full-time employees. 

(c)  Employee not covered.- An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if: 

(1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed; 

(2) the individual is free from control and direction over the individual's performance of the service; 

(3) the individual provides the individual's own equipment, materials, and tools; and 

(4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual. 
 

[An. Code 1957, art. 101, § 8; 1991, ch. 8, § 2; ch. 21, § 4; 1996, ch. 238.]