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Maryland Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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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).
Work that an individual performs under any contract of hire is presumed to be covered employment for unemployment compensation purpose unless:
• The individual who performs the work is free from control and direction over performance of the work;
• The individual customarily is engaged in an independent business or occupation of the same nature as involved in the work; and
• The work is outside the usual course of business of the employer or is performed outside of any place of business of the person for whom the work is performed (MD Labor and Employment Code Sec. 8-205).
Employers that misclassify employees as independent contractors are subject to a civil penalty of $5,000 per ...

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Maryland Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
Exemption Audits Webinar Recording
BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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