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09.12.40.00.htm 09.12.40.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 12 DIVISION OF LABOR AND INDUSTRY Chapter 40 Workplace Fraud Authority: Labor and Employment Article, §3-903(d) 3-904, 3-914, and 3-917, Annotated Code of Maryland
09.12.40.01.htm 09.12.40.01. 01 Scope.. This chapter applies to construction services and landscaping services..
09.12.40.02.htm 09.12.40.02. 02 Notice.. A. If an employer contracts with an individual and classifies that individual as an independent contractor or an exempt person, the employer shall complete the information required by §A(9) of this regulation and provide the individual with a "Notice to Independent Contractors and Exempt Persons" that contains the following information:1) Notification to the individual that they have been hired as an independent contractor or exempt person;2) A statement by the emp
09.12.40.03.htm 09.12.40.03. 03 Record Keeping.. A. For each independent contractor and exempt person hired, an employer shall retain the following records at the work site or at its place of business:1) A statement with a description of the employer's usual course of business or a fully executed copy of the contract between the employer and the independent contractor or exempt person;2) Acknowledgement forms signed by the independent contractor and exempt person; and. 3) Licenses or registrati
09.12.40.04.htm 09.12.40.04. 04 Evidence of a Knowing Violation.. A. The Commissioner may consider evidence, as provided in §B of this regulation, that an employer knowingly failed to properly classify an employee.B. The evidence shall include the following:. 1) Any previous violation of the Workplace Fraud Act or a violation of any other state or federal law that involves similar issues related to the classification of employees;2) Refusal or failure of the employer to produce records requested pursuant
09.12.40.05.htm 09.12.40.05. 05 Landscaping Illustrations.. A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law.B. The illustrations in §C―E of this regulation, provide guidance for the landscaping services industry in the application of Labor and Employment Article, §3-903(c) Annotated Code of Maryland.C. The JB Landscaping Company (JB) is hired to install the landscaping for a new large housing devel
09.12.40.06.htm 09.12.40.06. 06 Construction Illustrations.. A. The illustrations in this regulation provide guidance under the Workplace Fraud Act only and do not apply to any other State or federal law.B. The illustrations in §C―J of this regulation provide guidance for the construction services industry in the application of Labor and Employment Article, §3-903(c) Annotated Code of Maryland.C. John Brown has an oral agreement with ACE Building Company (ACE) to do carpentry work on houses i
09.12.40.9999.htm 09.12.40.9999. Administrative History Effective date: November 2, 2009 (36:22 Md. R. 1723). Regulation .05 adopted effective February 22, 2010 (37:4 Md. R. 340). Regulation .06 adopted effective February 22, 2010 (37:4 Md. R. 340).
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