(a) In this subtitle the following words have the meanings indicated. (b) “Construction services” includes the following services provided in connection with real property: (1) building; (2) reconstructing; (3) improving; (4) enlarging; (5) painting; (6) altering; (7) maintaining; and (8) repairing. (c) “Employer” means any person that employs an individual in the State. (d) “Exempt person” means an individual who: (1) performs services in a personal capacity and […]
This subtitle applies only to the following industries: (1) construction services; and (2) landscaping services.
(a) An employer may not fail to properly classify an individual who performs work for remuneration paid by the employer. (b) An employer has failed to properly classify an individual when an employer–employee relationship exists as determined under subsection (c) of this section but the employer has not classified the individual as an employee. (c) (1) Except as provided […]
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 […]
(a) An employer may not knowingly fail to properly classify an individual who performs work for remuneration paid by the employer. (b) An employer has knowingly failed to properly classify an individual when: (1) an employer–employee relationship exists as determined under § 3–903(c) of this subtitle; and (2) the employer has knowingly failed to properly classify the individual as […]
(a) The Commissioner shall investigate as necessary to determine compliance with this subtitle and regulations adopted under this subtitle. (b) (1) Any written or oral complaint or statement made by a person as part of an investigation under this section is confidential and may not be disclosed without the consent of the person until the investigation is concluded […]
(a) After the employer has provided all the records requested under § 3–905(d) of this subtitle, the Commissioner shall issue a citation to the employer or close the investigation within 90 days. (b) Each citation shall: (1) describe in detail the nature of the alleged violation; (2) cite the provision of this subtitle or any regulation that the employer […]
(a) If, after investigation, the Commissioner determines that an employer failed to properly classify an individual as an employee in violation of § 3–903 of this subtitle, or knowingly failed to properly classify as an employee an employee in violation of § 3–904 of this subtitle, and issues a citation, the Commissioner shall notify the Comptroller, […]
(a) An employer in violation of § 3–903 of this subtitle who comes into timely compliance with all applicable labor laws as required by § 3–907(b) of this subtitle may not be assessed a civil penalty. (b) (1) An employer in violation of § 3–903 of this subtitle who fails to come into timely compliance with all applicable […]
(a) An employer found to have knowingly failed to properly classify an individual in violation of § 3–904 of this subtitle shall be assessed a civil penalty of up to $5,000 for each employee who was not properly classified. (b) In determining the amount of the penalty, the Commissioner or the administrative law judge shall consider: (1) the […]
As authorized by State and federal law, units within the Maryland Department of Labor and the Department of Budget and Management, the Secretary of State, the Comptroller, the Maryland Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected failure to properly classify an individual as an employee.
(a) (1) Except as provided in paragraph (2) of this subsection, an individual who has not been properly classified as an employee may bring a civil action for economic damages against the employer for any violation of this subtitle. (2) An individual may not bring a civil action under this section if a final order of an administrative […]
(a) An employer may not discriminate in any manner or take adverse action against an individual because the individual: (1) files a complaint with the employer or the Commissioner alleging that the employer violated any provision of this subtitle or any regulation adopted under this subtitle; (2) brings an action under this subtitle or a proceeding involving a […]
(a) Where, after investigation, the Commissioner issues a citation for a knowing violation of this subtitle or regulations adopted under this subtitle by an employer engaged in work on a contract with a public body, the Commissioner shall promptly notify the public body. (b) (1) On notification, the public body shall withhold from payment due the employer an […]
(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information: (1) the name, address, occupation, and classification of each employee or independent contractor; (2) the rate of pay of each employee or method of payment for the independent contractor; (3) the amount that is […]
(a) A person may not knowingly incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity, or pay or collect a fee for use of a foreign or domestic corporation, partnership, limited liability corporation, or other entity for the purpose of facilitating, or evading detection of, […]
(a) A person may not: (1) make or cause to be made a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner; (2) in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or (3) in bad faith, testify in an action under this subtitle […]
The Commissioner shall adopt regulations to carry out this subtitle.
Each civil penalty under this subtitle shall be paid into the General Fund of the State.
(a) The proposed budget of the Division of Labor and Industry shall include an appropriation from the Workers’ Compensation Commission to cover the cost of administering this subtitle. (b) The Workers’ Compensation Commission shall pay the cost of administering this subtitle from money that the Commission receives under § 9–316 of this article.
