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Statutes Text

Article - Labor and Employment




§3–903.1.

    The presumption that an employer–employee relationship exists under § 3–903(c)(1) of this subtitle does not apply if:

        (1)    an employer produces for inspection by the Commissioner:

            (i)    a written contract, signed by the employer and business entity, that:

                1.    describes the nature of the work to be performed by the business entity;

                2.    describes the remuneration to be paid for the work performed by the business entity; and

                3.    includes an acknowledgment by the business entity of the business entity’s obligations under this article to:

                A.    withhold, report, and remit payroll taxes on behalf of all employees working for the business entity;

                B.    pay unemployment insurance taxes for all employees working for the business entity; and

                C.    maintain workers’ compensation insurance;

            (ii)    an affidavit signed by the business entity indicating that the business entity is an independent contractor who is available to work for other business entities;

            (iii)    a current certificate of status of the business entity, issued by the State Department of Assessments and Taxation, indicating that the business entity is in good standing; and

            (iv)    proof that the business entity holds all occupational licenses required by State and local authorities for the work performed; and

        (2)    the employer provided to each individual classified as an independent contractor or exempt person a written notice under § 3–914 of this subtitle.



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