Maryland § 9-210

§ 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.