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Statutes Text

Article - Labor and Employment


    (a)    Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:

        (1)    the individual who performs the work is free from control and direction over its performance both in fact and under the contract;

        (2)    the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and

        (3)    the work is:

            (i)    outside of the usual course of business of the person for whom the work is performed; or

            (ii)    performed outside of any place of business of the person for whom the work is performed.

    (b)    The Secretary shall adopt regulations to provide:

        (1)    general guidance about the application of subsection (a) of this section; and

        (2)    specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.

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