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<section article="gle" article_name="Labor and Employment" number="8-206" title_number="8" title_name="Unemployment Insurance" subtitle_number="2" subtitle_name="Scope of Title">
  <level label="a">
    <text>Work is not covered employment when performed by a licensed barber or licensed cosmetologist who leases a chair or booth from a holder of a barbershop permit or beauty salon permit, if the Secretary is satisfied that:</text>
    <level label="1">
      <text>the barber or cosmetologist as lessee and the permit holder have entered into a written lease that is in effect;</text>
    </level>
    <level label="2">
      <text>the lessee pays a stipulated amount for use of the chair or booth and is not required to make any further accounting of income to the permit holder;</text>
    </level>
    <level label="3">
      <text>the lessee has access to the premises at all hours and may set personal work hours and prices; and</text>
    </level>
    <level label="4">
      <text>the lease expressly states that the lessee knows:</text>
      <level label="i">
        <text>of the responsibility to pay State and federal income taxes and make contributions to Social Security for self–employment; and</text>
      </level>
      <level label="ii">
        <text>that the work is not covered employment.</text>
      </level>
    </level>
  </level>
  <level label="a–1">
    <text>Work is not covered employment when performed by a holder of a limited license to provide nail technician services who leases or otherwise agrees to the use of a chair, booth, or space from a holder of a barbershop permit, a beauty salon permit, or an owner–manager permit who operates a barbershop or beauty salon if the Secretary is satisfied that:</text>
    <level label="1">
      <text>the holder of a limited license to provide nail technician services and the permit holder have entered into a written lease or other written agreement that is in effect;</text>
    </level>
    <level label="2">
      <text>the holder of a limited license to provide nail technician services:</text>
      <level label="i">
        <text>pays a stipulated amount or commission for use of the chair, booth, or space;</text>
      </level>
      <level label="ii">
        <text>is not required to make any further accounting of income to the permit holder; and</text>
      </level>
      <level label="iii">
        <text>has access to the premises at all hours and may set personal work hours and prices; and</text>
      </level>
    </level>
    <level label="3">
      <text>the lease or other written agreement expressly states that the holder of a limited license to provide nail technician services knows:</text>
      <level label="i">
        <text>of the responsibility to pay State and federal income taxes and make contributions to Social Security for self–employment; and</text>
      </level>
      <level label="ii">
        <text>that the work is not covered employment.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Work that a direct seller performs is not covered employment if the Secretary is satisfied that:</text>
    <level label="1">
      <text>the direct seller is engaged in the trade or business of selling consumer products:</text>
      <level label="i">
        <text>in the home or at any other location outside of a permanent retail establishment; or</text>
      </level>
      <level label="ii">
        <text>to a buyer on a buy–sell basis, a deposit–commission basis, or any similar basis for resale by the buyer or any other person in the home or at any other location outside of a permanent retail establishment;</text>
      </level>
    </level>
    <level label="2">
      <text>the direct seller and the person for whom the work is performed have entered into a written agreement that is currently in effect;</text>
    </level>
    <level label="3">
      <text>substantially all of the compensation for the employment is related directly to sales or other output, including the performance of a service, rather than to the number of hours worked; and</text>
    </level>
    <level label="4">
      <text>the written agreement states that the direct seller will not be treated as an employee for the purpose of State and federal income taxes with respect to the employment performed under the agreement.</text>
    </level>
  </level>
  <level label="c">
    <text>Work that an individual performs is not covered employment if the Secretary is satisfied that the individual:</text>
    <level label="1">
      <text>is engaged in the trade or business of delivering or distributing newspapers or shopping news, including any services directly related to the delivery or distribution of newspapers or shopping news; and</text>
    </level>
    <level label="2">
      <text>meets the requirements for a direct seller under subsection (b)(2), (3), and (4) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “messenger service business” means a business that:</text>
      <level label="i">
        <text>principally and primarily offers and provides to the public or commercial establishments expedited, time critical, and same day as requested delivery service; and</text>
      </level>
      <level label="ii">
        <text>does not make, produce, sell, or distribute what it delivers.</text>
      </level>
    </level>
    <level label="2">
      <text>Work that a messenger service driver performs for a person who is engaged in the messenger service business is not covered employment if the Secretary is satisfied that:</text>
      <level label="i">
        <text>the driver and the person who is engaged in the messenger service business have entered into a written agreement that is currently in effect;</text>
      </level>
      <level label="ii">
        <text>the written agreement under item (i) of this paragraph does not prohibit the driver from performing for more than one person who is engaged in the messenger service business;</text>
      </level>
      <level label="iii">
        <text>the driver is free to accept or reject delivery jobs from the person who is engaged in the messenger service business;</text>
      </level>
      <level label="iv">
        <text>the driver personally provides the vehicle;</text>
      </level>
      <level label="v">
        <text>compensation is by commission only, which may include, for the purposes of this subsection, any of the following:</text>
        <level label="1">
          <text>a schedule of compensation that is calculated from a percentage of revenue or some other measure of revenue that the driver generates for the messenger service business;</text>
        </level>
        <level label="2">
          <text>a fixed amount of compensation for the completion of a specific delivery job; and</text>
        </level>
        <level label="3">
          <text>a guaranteed minimum amount of compensation for the driver remaining available to provide delivery service;</text>
        </level>
      </level>
      <level label="vi">
        <text>the driver may set personal work hours; and</text>
      </level>
      <level label="vii">
        <text>the written agreement states expressly and prominently that the driver knows:</text>
        <level label="1">
          <text>of the responsibility to pay estimated Social Security taxes and State and federal income taxes;</text>
        </level>
        <level label="2">
          <text>that the Social Security tax the driver must pay is higher than the Social Security tax the driver would pay otherwise; and</text>
        </level>
        <level label="3">
          <text>that the work is not covered employment.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>A messenger service driver for a messenger service business whose work is not covered employment under paragraph (2) of this subsection may deliver to the public or commercial establishments on foot, by bicycle, or by motor vehicle:</text>
      <level label="i">
        <text>individually addressed mail, messages, and documents in paper or magnetic format; and</text>
      </level>
      <level label="ii">
        <text>emergency medical supplies, records, parcels, or similar items if the messenger service business provides to the Secretary evidence of a worker status determination from the Internal Revenue Service or other evidence that the messenger service driver is excluded from coverage under the Federal Unemployment Tax Act.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>Work is not covered employment when performed by a taxicab driver who uses a taxicab or taxicab equipment of a taxicab business that is carried on by the holder of a taxicab permit if the Secretary is satisfied that:</text>
    <level label="1">
      <text>the driver and permit holder have entered into a written agreement that is currently in effect for the use of the taxicab or taxicab equipment;</text>
    </level>
    <level label="2">
      <text>the driver pays a stipulated amount for the use of the taxicab or taxicab equipment and is not required to make any further accounting to the permit holder;</text>
    </level>
    <level label="3">
      <text>the driver has access to the taxicab or taxicab equipment at all hours and, subject to the Public Utilities Article, may set personal work hours and places; and</text>
    </level>
    <level label="4">
      <text>the agreement states expressly that the driver knows:</text>
      <level label="i">
        <text>of the responsibility to pay State and federal income taxes; and</text>
      </level>
      <level label="ii">
        <text>that the work is not covered employment.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <level label="i">
        <text>This subsection applies to an individual who is an owner operator of:</text>
        <level label="1">
          <text>a Class F (tractor) vehicle, described in § 13–923 of the Transportation Article; or</text>
        </level>
        <level label="2">
          <text>except as provided in subparagraph (ii) of this paragraph, a Class E (truck) vehicle, as described in § 13–916 of the Transportation Article, including a Class E (truck) vehicle described in § 13–919 of the Transportation Article.</text>
        </level>
      </level>
      <level label="ii">
        <text>This subsection does not apply to an individual who is an owner operator of a vehicle registered as a Class T (tow truck) vehicle under § 13–920 of the Transportation Article.</text>
      </level>
    </level>
    <level label="2">
      <text>Work is not covered employment when performed by an owner operator if the Secretary is satisfied that:</text>
      <level label="i">
        <text>the owner operator and a motor carrier have entered into a written agreement that is currently in effect for permanent or trip leasing;</text>
      </level>
      <level label="ii">
        <text>under the agreement:</text>
        <level label="1">
          <text>there is no intent to create an employer–employee relationship; and</text>
        </level>
        <level label="2">
          <text>the owner operator is paid rental compensation;</text>
        </level>
      </level>
      <level label="iii">
        <text>for federal tax purposes, the owner operator qualifies as an independent contractor; and</text>
      </level>
      <level label="iv">
        <text>the owner operator:</text>
        <level label="1">
          <text>owns the vehicle or holds it under a bona fide lease arrangement;</text>
        </level>
        <level label="2">
          <text>is responsible for the maintenance of the vehicle;</text>
        </level>
        <level label="3">
          <text>bears the principal burden of the operating costs of the vehicle, including fuel, repairs, supplies, vehicle insurance, and personal expenses while the vehicle is on the road;</text>
        </level>
        <level label="4">
          <text>is responsible for supplying the necessary personnel in connection with the operation of the vehicle; and</text>
        </level>
        <level label="5">
          <text>generally determines the details and means of performing the services under the agreement, in conformance with regulatory requirements, operating procedures of the motor carrier, and specifications of the shipper.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="g">
    <text>Work is not covered employment when performed by a home worker if the Secretary is satisfied that:</text>
    <level label="1">
      <text>the work is performed according to specifications furnished by the person for whom the services are performed;</text>
    </level>
    <level label="2">
      <text>the work is performed on textiles furnished by the person for whom the services are performed; and</text>
    </level>
    <level label="3">
      <text>the textiles must be returned to the person for whom the services are performed or that person’s designee.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Officiating services” means:</text>
        <level label="1">
          <text>overseeing the play of a sports event;</text>
        </level>
        <level label="2">
          <text>judging whether the rules of the event are being followed; and</text>
        </level>
        <level label="3">
          <text>penalizing participants for fouls or infringements of the rules.</text>
        </level>
      </level>
      <level label="iii">
        <level label="1">
          <text>“Recreational sports official” means an umpire, a referee, or a judge who contracts with a governmental or nongovernmental entity to perform officiating services at amateur sports events sponsored by:</text>
        </level>
        <level label="A">
          <text>a unit of county government;</text>
        </level>
        <level label="B">
          <text>a unit of a municipal corporation; or</text>
        </level>
        <level label="C">
          <text>an entity associated with a county government or a municipal corporation.</text>
        </level>
        <level label="2">
          <text>“Recreational sports official” does not include any individual who performs officiating services in covered employment under § 8–208(a) or § 8–212(c) of this subtitle.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Work that consists of officiating services performed by a recreational sports official is not covered employment.</text>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Compensation” does not include the actual and necessary expenses that are:</text>
        <level label="1">
          <text>incurred by a qualifying youth sports worker in connection with the services provided or duties performed for the youth sports organization; and</text>
        </level>
        <level label="2">
          <text>reimbursed to the qualifying youth sports worker.</text>
        </level>
      </level>
      <level label="iii">
        <text>“Qualifying youth sports worker” means an individual who provides services or performs duties as an athletic coach, manager, program leader, or team assistant for compensation not exceeding $1,250 per quarter of a calendar year for either the current calendar year or the preceding calendar year.</text>
      </level>
      <level label="iv">
        <level label="1">
          <text>“Youth sports organization” means an athletic or recreational program:</text>
        </level>
        <level label="A">
          <text>organized for competition against another team, club, or entity or for athletic instruction exclusively for participants who are under the age of 19 years;</text>
        </level>
        <level label="B">
          <text>that is qualified under § 501(c)(4) or § 501(c)(7) of the Internal Revenue Code in the current calendar quarter;</text>
        </level>
        <level label="C">
          <text>that does not have any part of the net earnings benefiting any private shareholder; and</text>
        </level>
        <level label="D">
          <text>that has an adult employee or a qualifying youth sports worker who has supervisory or disciplinary authority over youth participants.</text>
        </level>
        <level label="2">
          <text>“Youth sports organization” does not include:</text>
        </level>
        <level label="A">
          <text>a public or private educational institution’s athletic program; or</text>
        </level>
        <level label="B">
          <text>a school–associated athletic activity.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Work that is performed by a qualifying youth sports worker for a youth sports organization is not covered employment.</text>
    </level>
  </level>
</section>
