2017 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 2 - Covered Employees and Employers
§ 9-210. Farm worker

  • (a) Definitions. --
    • (1) In this section the following words have the meanings indicated.
    • (2) "Farmer" includes a dairy farmer.
    • (3) (i) "Migrant farm worker" means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
      • 1. absent overnight from the permanent residence of the individual; or
      • 2. transported to and from the place of employment of the individual by a day-haul operation.
        • (ii) "Migrant farm worker" does not include an individual who performs a service included in subsection (b) of this section if the individual:
          • 1. does not operate equipment or machinery; and
          • 2. is employed:

            A. within 25 miles of the permanent residence of the individual; and

            B. for not more than 13 weeks a year.

  • (b) Employee covered. -- Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
    • (1) the individual receives compensation from a farmer for any service other than office work, including:
      • (i) operating a machine connected with animal, crop, or soil management;
      • (ii) constructing or repairing a fixture or machine; or
      • (iii) handling an animal or crop with or without a machine; and
    • (2) the farmer has:
      • (i) at least 3 full-time employees; or
      • (ii) an annual payroll of at least $ 15,000 for full-time employees.
  • (c) Employee not covered. -- An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
    • (1) the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
    • (2) the individual is free from control and direction over the individual's performance of the service;
    • (3) the individual provides the individual's own equipment, materials, and tools; and
    • (4) the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
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