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2017 Maryland Code
Labor and Employment
Title 9 - Workers' Compensation
Subtitle 4 - Insurance Coverage
§ 9-402.1. Failure to properly classify employee
Universal Citation: MD Lab & Emp Code § 9-402.1 (2017)
- (a) "Knowingly" defined. -- In this section, "knowingly" means having actual knowledge, deliberate ignorance, or reckless disregard for the truth.
- (b) Prohibited. -- An employer may not fail to properly classify an individual as an employee.
- (c) Order to secure compensation. -- If the Commission determines that an employer failed to properly classify an individual as an employee, the Commission shall order the employer to secure compensation for the covered employee in accordance with § 9-407 of this subtitle.
- (d) Civil penalty. -- If the Commission determines that an employer knowingly failed to properly classify an individual as an employee, the Commission shall, in conformance with § 9-310 of this title, assess a civil penalty of not more than $ 5,000.
- (e) Knowing advisement to take action to violate section prohibited. --
- (1) A person may not knowingly advise an employer to take action for the purpose of violating this section.
- (2) A person found in violation of this subsection shall be subject to a civil penalty of not more than $ 20,000.
- (f) Double administrative penalties. -- An employer found to have knowingly violated this section who has also been found previously to have knowingly violated this section by a final order of a court or administrative unit may be assessed double the administrative penalties set forth in subsection (d) of this section for the new violation.
- (g) Number of orders. --
- (1) An employer may be assessed civil penalties by only one order of a court or administrative unit for the same actions constituting a knowing failure to properly classify an individual as an employee.
- (2) Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by orders of a court, the Commission, and all other relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Division of Labor and Industry.
- (h) Notice of violation to other agencies. -- If the Commission determines that an employer has failed to properly classify an individual as an employee, the Commission shall promptly notify the Office of Unemployment Insurance, the Division of Labor and Industry, the insurer, if any, the Insurance Administration, and the Comptroller.
- (i) Cooperation with other agencies. -- As authorized by State and federal law, units within the Department of Labor, Licensing, and Regulation and the Department of Budget and Management, the Secretary of State, the Comptroller, the Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected violation of this title.
- (j) Regulations. -- The Commission may adopt regulations to carry out this section.
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