# Labor and Employment (GLE)

## Title 8. Unemployment Insurance

### Subtitle 2. Scope of Title

#### Section 8-205

(a) Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:

  (1) the individual who performs the work is free from control and direction over its performance both in fact and under the contract;

  (2) the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and

  (3) the work is:

    (i) outside of the usual course of business of the person for whom the work is performed; or

    (ii) performed outside of any place of business of the person for whom the work is performed.

(b) The Secretary shall adopt regulations to provide:

  (1) general guidance about the application of subsection (a) of this section; and

  (2) specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.

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Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)