# Labor and Employment (GLE)

## Title 9. Workers' Compensation

### Subtitle 2. Covered Employees and Employers

#### Section 9-210

(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.

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