Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 32 - UNEMPLOYMENT INSURANCE
Chapter 09.32.09 - Workplace Fraud
Section 09.32.09.01 - Evidence of a Knowing Violation
Universal Citation: MD Code Reg 09.32.09.01
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Secretary may consider evidence under §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, §8-625(b),
Annotated Code of Maryland;
(3)
Refusal or failure of the employer to cooperate with an investigation
authorized under Labor and Employment Article, §8-306, 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.
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