Maryland Code, LABOR AND EMPLOYMENT 8-201
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Terms Used In Maryland Code, LABOR AND EMPLOYMENT 8-201
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) Employment is presumed to be covered employment if:
(1) regardless of whether the employment is based on the common law relation of master and servant, the employment is performed:
(i) for wages; or
(ii) under a contract of hire that is written or oral or express or implied; and
(2) the employment is performed in accordance with § 8-202 of this subtitle.
(b) To overcome the presumption of employment, an employing unit shall establish that the person performing services is an independent contractor in accordance with § 8-205 of this subtitle or is specifically exempted under this subtitle.