§ 3-903.1
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/md/labor-and-employment/3-903-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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.