Maryland Unemployment: Narrow definition of independent contractor

Maryland's unemployment law "presumes" a person performing services is an employee. That presumption can be difficult to overcome when an employer is attempting to classify an individual as an independent contractor. The unemployment law generally considers:

• The extent to which the individual who performs the work is free from control and direction over its performance both in fact and under the contract;

• The extent to which the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and

• The extent to which the work is: (a) outside the usual course of business of the person for whom the work is performed, or (b) performed outside any place of business of the person for whom the work is performed.

A full set of circumstances evidencing independent contractor status can be found here.