Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.40 - Workplace Fraud
09.12.40.04 - Evidence of a Knowing Violation
09.12.40.04. Evidence of a Knowing Violation
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.