(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.
Structure Maryland Statutes
Title 8 - Unemployment Insurance
Section 8-201 - Covered Employment
Section 8-201.1 - Failure to Properly Classify Employee
Section 8-202 - Location of Employment
Section 8-203 - Election of Coverage
Section 8-204 - Part Insured and Part Uninsured Employment
Section 8-205 - Independent Contractors
Section 8-206 - Specific Exemptions From Covered Employment
Section 8-207 - Agricultural Labor
Section 8-208 - Charitable, Educational, and Religious Organizations
Section 8-209 - Commission Sales
Section 8-210 - Crew Member or Officer of Vessel
Section 8-211 - Domestic Employment
Section 8-212 - Employment for Government
Section 8-213 - Employment Subject to Federal Statutes
Section 8-214 - Employment Outside Course of Business or Trade of Employer
Section 8-215 - Family Relationship
Section 8-216 - Rehabilitation Facilities
Section 8-218 - Interns, Patients, and Student Nurses
Section 8-219 - Newspaper Delivery
Section 8-221 - Work Relief or Work Training Program