In Maryland, an individual who performs services for an employer for compensation that is in the course of the business, occupation, profession, or trade of the employer is presumed to be an employee and not an independent contractor unless the individual:
• Maintains a separate business;
• Represents to the public that he or she provides such service and provides the service to the public; and
• Has an employee covered by workers' compensation (MD Labor and Employment Code Sec. 9-236).