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§ 3-914. Recordkeeping and classification notice requirements

West's Annotated Code of MarylandLabor and EmploymentEffective: July 1, 2013

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 9. Workplace Fraud (Refs & Annos)
Effective: July 1, 2013
MD Code, Labor and Employment, § 3-914
§ 3-914. Recordkeeping and classification notice requirements
Currentness
Records
(a) An employer shall keep, for at least 3 years, in or about its place of business, records of the employer containing the following information:
(1) the name, address, occupation, and classification of each employee or independent contractor;
(2) the rate of pay of each employee or method of payment for the independent contractor;
(3) the amount that is paid each pay period to each employee or, if applicable, independent contractor;
(4) the hours that each employee or independent contractor works each day and each workweek;
(5) for all individuals who are not classified as employees, evidence that each individual is an exempt person or an independent contractor or its employee; and
(6) other information that the Commissioner requires, by regulation, as necessary to enforce this subtitle.
Notice of classification
(b) An employer shall provide each individual classified as an independent contractor or exempt person with written notice of the classification of the individual at the time the individual is hired.
Content and form of notice
(c) The written notice shall:
(1) include an explanation of the implications of the individual's classification as an independent contractor or exempt person rather than as an employee; and
(2) be provided in English and Spanish.
Regulations
(d) The Commissioner shall adopt regulations establishing the specific requirements for the contents and form of the notice.
Penalty
(e) If an employer fails to provide notice under subsection (b) of this section, the Commissioner may assess a civil penalty of not more than $50 for each day that the employer fails to provide notice.

Credits

Added by Acts 2009, c. 188, § 1, eff. Oct. 1, 2009. Amended by Acts 2013, c. 224, § 1, eff. July 1, 2013.
MD Code, Labor and Employment, § 3-914, MD LABOR & EMPLY § 3-914
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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