§ 9–210
Statutes in effect as of October 1, 2026.
Md. Code Ann., Lab. & Empl. § 9-210 (2026)
Title 9. Workers' Compensation
Subtitle 2. Covered Employees and Employers
§ 9–210LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Farmer” includes a dairy farmer.
(3)
(i)
“Migrant farm worker” means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
(1)
absent overnight from the permanent residence of the individual; or
(2)
transported to and from the place of employment of the individual by a day-haul operation.
(ii)
“Migrant farm worker” does not include an individual who performs a service included in subsection (b) of this section if the individual:
(1)
does not operate equipment or machinery; and
(2)
is employed:
(A)
within 25 miles of the permanent residence of the individual; and
(B)
for not more than 13 weeks a year.
(b)
Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1)
the individual receives compensation from a farmer for any service other than office work, including:
(i)
operating a machine connected with animal, crop, or soil management;
(ii)
constructing or repairing a fixture or machine; or
(iii)
handling an animal or crop with or without a machine; and
(2)
the farmer has:
(i)
at least 3 full-time employees; or
(ii)
an annual payroll of at least $15,000 for full-time employees.
(c)
An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1)
the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2)
the individual is free from control and direction over the individual’s performance of the service;
(3)
the individual provides the individual’s own equipment, materials, and tools; and
(4)
the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.