# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 40 — Workplace Fraud

#### Regulation .04 Evidence of a Knowing Violation.

*COMAR 09.12.40.04*

A. The Commissioner may consider evidence, as provided in §B of this regulation, that an employer knowingly failed to properly classify an employee.

B. The evidence shall include the following:

  (1) Any previous violation of the Workplace Fraud Act or a violation of any other state or federal law that involves similar issues related to the classification of employees;

  (2) Refusal or failure of the employer to produce records requested pursuant to Labor and Employment Article, §3-905(d)(1), Annotated Code of Maryland;

  (3) Refusal or failure of the employer to cooperate with an investigation authorized under Labor and Employment Article, §3-905, Annotated Code of Maryland;

  (4) Evidence that the employer classifies differently individuals who perform substantially the same tasks, allowing for the business model described in Labor and Employment Article, §3-903(c)(3), Annotated Code of Maryland; and

  (5) Any other credible evidence of the employer's actual knowledge of, deliberate ignorance of, or reckless disregard for whether or not the worker is misclassified.