Md. Code Regs. 09.32.01.18 - Presumption of Employee
A. Employee.
A person performing services is presumed to be an employee, regardless of
whether a common law master and servant relationship exists, unless
specifically exempted under the Unemployment Insurance Law or these
regulations.
B. Independent
Contractor.
(1) To overcome the employee
presumption, an employing unit shall establish that the person performing
services is an independent contractor.
(2) The Secretary shall determine that an
employing unit has established that the person performing services is an
independent contractor when the conditions in §B(3)(a)-----(c) of this
regulation are clearly shown.
(3)
Circumstances evidencing the conditions mentioned in §B(2) of this
regulation include, but are not limited to, the items listed after each
condition:
(a) The person has been and will
continue to be free from the employing unit's control or direction:
(i) The employing unit does not require the
person to comply with detailed instructions about when, where, and how the
person is to work,
(ii) The
employing unit does not train the person to perform the service in a particular
manner or using a particular method determined by the employing unit,
(iii) The employing unit does not establish
set hours of work for the person performing the services,
(iv) The employing unit does not establish a
schedule or routine for the person performing the service,
(v) The employing unit may not discharge the
person for failure to obey the employing unit's specific instructions on how
the service is to be performed;
(b) The service is outside the usual course
of business of the employing unit:
(i) The
person performs the work off the employing unit's premises,
(ii) The person performs work that is not
integrated into the employing unit's operation,
(iii) The service performed is unrelated to
the employing unit's business;
(c) The person performing the service is
customarily engaged in an independently established business:
(i) Maintains a business listing in the
telephone directory,
(ii) Has his
or her own place of business,
(iii)
Has a financial investment in a related business and can incur a loss in the
performance of the service,
(iv)
Has his or her own equipment needed to perform the service,
(v) Determines the price of the service to be
performed,
(vi) Employs others to
perform the service,
(vii) Carries
his or her own liability or workers' compensation insurance, or both,
(viii) Performs the service for more than one
unrelated employer at the same time,
(ix) Sets his or her own hours,
(x) Is paid by the job.
Notes
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