Maryland Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?
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FAQ
In Maryland, the law presumes that workers are employees, and the burden is on the employer to prove otherwise. In general, independent contractors have more autonomy over their work hours than employees do. They also typically use their own tools and equipment and own their own businesses.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...
Pay basis: If you pay a worker on an hourly, weekly, or monthly basis, the IRS will consider it a sign the worker is your employee. An independent is generally paid by the job, project, assignment, etc., or receives a commission or similar fee.
For the employee, the company withholds income tax, Social Security, and Medicare from wages paid. For the independent contractor, the company does not withhold taxes. Employment and labor laws also do not apply to independent contractors.
If you are deemed to be an independent contractor, no one is liable for your injuries sustained on the job. However, if the person for whom you were doing the work should have been paying you and treating you as an employee, they will be liable.
Independent Contractors. In Maryland, the law presumes that workers are employees, and the burden is on the employer to prove otherwise. In general, independent contractors have more autonomy over their work hours than employees do. They also typically use their own tools and equipment and own their own businesses.