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<section article="gle" article_name="Labor and Employment" number="8-201.1" title_number="8" title_name="Unemployment Insurance" subtitle_number="2" subtitle_name="Scope of Title">
  <level label="a">
    <text>An employer may not fail to properly classify an individual as an employee.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>If the Secretary determines that an employing unit has failed to properly classify an individual as an employee, any and all contribution or reimbursement payments resulting from the failure to properly classify that are due and unpaid shall accrue interest as provided in paragraph (2) of this subsection.</text>
    </level>
    <level label="2">
      <text>An employer who fails to pay the contribution or reimbursement payments within 45 days shall be assessed interest at the rate of 2% per month or part of a month from the first due date following notice of the misclassification until the Secretary receives the contribution or payment in lieu of contributions and interest.</text>
    </level>
  </level>
  <level label="c">
    <text>The Secretary shall consider, as strong evidence that an employer did not knowingly fail to properly classify an individual, whether the employer:</text>
    <level label="1">
      <level label="i">
        <text>classifies all workers who perform the same or substantially the same tasks for the employer as independent contractors; and</text>
      </level>
      <level label="ii">
        <text>reports the income of the workers to the Internal Revenue Service as required by federal law; and</text>
      </level>
    </level>
    <level label="2">
      <text>has received a determination from the Internal Revenue Service that the individual or a worker who performs the same or substantially the same tasks for the employer is an independent contractor.</text>
    </level>
  </level>
  <level label="d">
    <text>If the Secretary determines that an employing unit has knowingly failed to properly classify an individual as an employee, the employing unit shall be subject to a civil penalty of not more than $5,000 per employee.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>A person may not knowingly advise an employing unit or a prospective employing unit to take action for the purposes of violating this section.</text>
    </level>
    <level label="2">
      <text>A person found in violation of this subsection shall be subject to a civil penalty of not more than $20,000.</text>
    </level>
  </level>
  <level label="f">
    <text>An employing unit 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 (c) of this section for the new violation.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>An employing unit 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.</text>
    </level>
    <level label="2">
      <text>Notwithstanding paragraph (1) of this subsection, an employing unit 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 Secretary, and all other relevant administrative units, including the Comptroller, the Workers’ Compensation Commission, the Insurance Administration, and the Division of Labor and Industry.</text>
    </level>
  </level>
  <level label="h">
    <text>If the Secretary determines that an employing unit has failed to properly classify an individual as an employee, the Secretary shall promptly notify the Workers’ Compensation Commission, the Division of Labor and Industry, the Insurance Administration, and the Comptroller.</text>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <level label="1">
      <text>The Secretary shall adopt regulations to carry out this section.</text>
    </level>
    <level label="2">
      <text>The regulations shall:</text>
      <level label="i">
        <text>require that the Secretary provide an employer with the factual basis for any violations charged;</text>
      </level>
      <level label="ii">
        <text>establish procedures regarding the audit process and any agency level review available before appeal; and</text>
      </level>
      <level label="iii">
        <text>provide guidance as to what constitutes the evidence relevant to the determination of whether an employer knowingly failed to properly classify an individual as an employee.</text>
      </level>
    </level>
  </level>
</section>
