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2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-121 - Accident Reports

(a)    (1)    A railroad company shall promptly report, in writing or orally, to the Commissioner, after the occurrence of an accident resulting in:
(i)    a serious injury or fatality to an individual; or
(ii)    damage to property exceeding $2,900, or any other sum as determined by federal regulations, incurred during the operation of the railroad in the State.
(2)    The Commissioner shall investigate the occurrence promptly after receiving notification of the accident.
(b)    A railroad company shall promptly submit to the Commissioner copies of all accident and incident reports filed with the Federal Railroad Administration of accidents and incidents occurring in the State.
2023 Maryland Statutes › Labor and Employment › Title 5.5 - Railroad Safety and Health › Section 5.5-122 - Prohibited Acts; Criminal Penalties

(a)    A person who violates any regulation adopted by the Commissioner under § 5.5-109 of this title is guilty of a misdemeanor and on conviction for each offense is subject to a fine not exceeding the lesser of the penalty provided by the regulation or $100.
(b)    If a railroad company willfully violates any provision of this title or any order, regulation, or health and safety standard adopted under this title, and the violation caused death to an individual, on conviction the railroad company is subject to:
(1)    for a first offense, a fine not exceeding $25,000; or
(2)    for a subsequent offense, a fine not exceeding $50,000.
(c)    (1)    A person may not knowingly make a false certification, false representation, or false statement in an application, plan, record, report, or other document that is filed or required to be kept under this title.
(2)    A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.
(d)    (1)    Unless the Commissioner or an authorized representative of the Commissioner authorizes advance notice of an inspection, a person may not give advance notice of an inspection to be conducted under this title.
(2)    A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-101 - "High Voltage Line" Defined

In this title, “high voltage line” means an electric line that:
(1)    is installed above ground level; and
(2)    has a voltage of more than 750 volts:
(i)    between conductors; or
(ii)    from a conductor to a ground.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-102 - Scope of Title

This title does not apply to:
(1)    the maintenance or repair of an electric power plant or system that a private company or corporation owns or operates for production of electricity for its own use; or
(2)    the construction, maintenance, or operation of a high voltage line and its support structures and associated equipment by a public utility that the Public Service Commission regulates or an agent or contractor of the utility.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-105 - Administrative Search Warrant

(a)    Whenever an individual who is authorized to inspect property in the State is denied access after the individual makes a proper request for access to inspect to the owner, lessee, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant under this title.
(b)    Each application under this section shall:
(1)    state the nature, purpose, and scope of the inspection; and
(2)    show that:
(i)    the applicant:
1.    is authorized by law to make the inspection; and
2.    requested access at a reasonable time;
(ii)    access was denied; and
(iii)    the inspection is for a purpose related to safety or health.
(c)    An application may not be submitted to the District Court unless approved by the Attorney General.
(d)    On application in accordance with this section, the District Court may issue an administrative search warrant.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-106 - Restrictions on Activity Within 10 Feet of High Voltage Line

If any part of an individual or object will come within 10 feet of a high voltage line while performing the activity, a person shall comply with § 6-107 of this title before the person may perform, or require or allow an employee to perform, any of the following activities:
(1)    moving all or any part of a building or other structure;
(2)    trimming a tree or doing any similar activity; or
(3)    erecting, operating, storing, transporting, or otherwise handling any object, including:
(i)    an antenna;
(ii)    an antenna support;
(iii)    equipment;
(iv)    a flagpole;
(v)    machinery;
(vi)    material;
(vii)    tools; or
(viii)    other apparatus.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-107 - Duty of Person Performing Activity

(a)    Except as provided in subsection (b) of this section, whenever an activity listed under § 6–106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall:
(1)    promptly notify the owner or operator of the high voltage line of the activity to be performed;
(2)    make any appropriate arrangements with the owner or operator of the high voltage line to carry out any safety measures required by item (3) of this subsection; and
(3)    with any necessary cooperation from and subject to any necessary agreement with the owner or operator of the high voltage line, ensure that the high voltage line has been effectively guarded against accidental contact by:
(i)    installing physical barriers to prevent physical contact with the high voltage line;
(ii)    relocating the high voltage line; or
(iii)    de–energizing and grounding the high voltage line.
(b)    (1)    This subsection applies only when a local government performs maintenance on street lighting equipment owned by the local government.
(2)    Whenever an activity listed under § 6–106 of this title is to be performed within 10 feet of a high voltage line, the person responsible for performing the activity shall:
(i)    comply with the National Electrical Safety Code; and
(ii)    be qualified as defined in the National Electrical Safety Code.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-108 - Duty of Owner or Operator of High Voltage Line

(a)    The owner or operator of a high voltage line shall perform any act that is reasonably necessary to carry out the safety measures required by § 6-107 of this title to guard effectively against accidental contact with the high voltage line:
(1)    after notification from a person who intends to perform an activity listed under § 6-106 of this subtitle within 10 feet of a high voltage line;
(2)    after the person who intends to perform the activity has made any appropriate arrangements; and
(3)    within a reasonable time.
(b)    This section does not require an owner or operator of a high voltage line to:
(1)    bear the expense of any safety measure required by this title; or
(2)    de-energize or ground any high voltage line if doing so would:
(i)    substantially interfere with service to the public; or
(ii)    endanger the health, safety, or welfare of the public.
2023 Maryland Statutes › Labor and Employment › Title 6 - High Voltage Lines › Section 6-109 - Duty of Owner, Lessee, or User of Equipment

(a)    “Equipment” includes a crane, derrick, pile driver, power shovel, trimming rig, or similar apparatus.
(b)    This section applies to any equipment if all or any part of the equipment may be used near any high voltage line.
(c)    The owner, lessee, or user of any equipment to which this section applies shall become acquainted and acquaint its employees with this title and regulations adopted to carry out this title.
(d)    (1)    The owner, lessee, or user of any equipment to which this section applies shall keep a warning sign posted:
(i)    on the equipment in clear view of its operator while at the controls of the equipment;
(ii)    on the outside of the equipment in clear view of each individual helping the operator from outside of the equipment; and
(iii)    on the boom of each crane or derrick so that, when the boom is raised, the sign is at the eye level of the operator.
(2)    Each sign shall state, in lettering that is legible from a distance of at least 12 feet: “Unlawful to operate this equipment within 10 feet of any electric wire”.
(3)    Each sign shall be permanent and weather resistant.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 1 - Definitions; General Provisions › Section 7-102 - Scope of Title

(a)    This title does not apply:
(1)    to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker;
(2)    to a custom grain combine, hay harvesting, or sheep shearing operation or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation;
(3)    to an individual who performs farm labor contracting services, or an employee of the individual while the employee is performing a farm labor contracting service only for the individual, within a 25–mile intrastate radius of the permanent place of residence of the individual and not exceeding 13 weeks a year;
(4)    to an agricultural operation when engaging a farm labor contractor through the Maryland Department of Labor; or
(5)    to an individual who performs farm labor contracting services only for a farm or a cannery, packing shed, seed conditioning establishment, or other processing establishment, if:
(i)    the individual or an immediate family member of the individual exclusively owns and operates the farm or establishment; and
(ii)    only the individual and immediate family members of the individual perform farm labor contracting services for the farm or establishment.
(b)    This title does not apply:
(1)    to any person other than a farm labor contractor to whom no more than 10 migrant agricultural workers are provided at any time during the current and preceding calendar years;
(2)    to an individual while acting as an employee of an agricultural operation that is excluded under item (1) of this subsection; or
(3)    to a custom operation for poultry harvesting, breeding, debeaking, sexing, or health service or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation, unless the operation regularly requires an employee to be absent during nonworking hours from the domicile of the employee.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 2 - Administration › Section 7-201 - Coordination With Federal Law

To the extent practicable, the Commissioner shall reduce duplication of the licensing requirements and enforcement procedures under this title and any applicable federal law through an agreement with the United States Secretary of Labor that establishes a cooperative program to coordinate licensing and enforcement activities under this title with any coextensive program that the Department of Labor administers.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 2 - Administration › Section 7-202 - Investigative and Enforcement Powers

(a)    The Commissioner shall administer and enforce this title.
(b)    To administer or enforce this title, the Commissioner may:
(1)    conduct necessary investigations; and
(2)    enter, at reasonable times, without delay:
(i)    a migratory labor camp;
(ii)    a place of employment; or
(iii)    housing that a farm labor contractor provides to a migrant agricultural worker.
(c)    To administer or enforce this title, the Commissioner may administer oaths and depose witnesses.
(d)    (1)    To administer or enforce this title, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of books, documents, papers, and records.
(2)    If a person fails to comply with a subpoena issued under this subsection or fails to testify on any matter on which the person lawfully may be interrogated, on a complaint filed by the Commissioner, the circuit court for the county where the person resides or is then present may pass an order directing compliance with the subpoena or compelling testimony.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 2 - Administration › Section 7-203 - Miscellaneous Powers and Duties

(a)    In addition to any powers set forth elsewhere, the Commissioner:
(1)    may accept from any source a grant to carry out this title; and
(2)    to administer or enforce this title, may certify to official acts.
(b)    In addition to any duties set forth elsewhere, the Commissioner shall keep a central public registry of all licensed farm labor contractors.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 2 - Administration › Section 7-205 - Power of Attorney General

On request of the Commissioner, the Attorney General may proceed in a court or before a federal unit to enforce:
(1)    a decision of the Commissioner made under this title;
(2)    a subpoena issued under this title;
(3)    an order of the Commissioner passed under this title; or
(4)    the collection of a civil penalty assessed under this title.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-302 - Applications for Licenses

(a)    An applicant for a license shall:
(1)    submit to the Commissioner:
(i)    an application on the form that the Commissioner provides; and
(ii)    two recent, passport sized, color photographs of the applicant; and
(2)    pay to the Commissioner an application fee of $25.
(b)    The application shall state:
(1)    the permanent place of residence of the applicant;
(2)    each address where the applicant expects to reside while in the State;
(3)    each farm labor contracting service that the applicant will perform for consideration;
(4)    the name and address of each agricultural operation for whom the applicant will perform a farm labor contracting service, in the State, for consideration;
(5)    the name and permanent address of each person who will act as custodian of records of wages that are required under this title to be kept;
(6)    the number of migrant agricultural workers that the applicant expects to use in the State to perform a farm labor contracting service for consideration;
(7)    if the applicant will provide housing or cause housing to be provided to a migrant agricultural worker:
(i)    the name of each person who will provide the housing; and
(ii)    each address where the housing will be provided;
(8)    if registration is required under the federal Migrant and Seasonal Agricultural Worker Protection Act, the registration identification number of the applicant;
(9)    the name of a resident agent who is acceptable to the Commissioner;
(10)    the consent of the applicant to service of process on the resident agent whenever the applicant leaves the State or otherwise is unavailable to accept service; and
(11)    other relevant information that the Commissioner requires.
(c)    If information required under subsection (b) of this section changes, the applicant or, if a license has been issued, the licensee shall give the Commissioner notice of the change within 10 days after the applicant or licensee knows or should have known of the change.
(d)    Information in an application or in a notice of change may not be used to imply legal responsibility on an agricultural operation for the care, custody, or activities of a migrant agricultural worker whom a farm labor contractor provides.
(e)    The Commissioner shall make application forms reasonably available at convenient locations throughout the State.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-307 - Display of License

While a licensee is performing a farm labor contracting service in the State, the licensee shall:
(1)    carry the license; and
(2)    show the license:
(i)    to each person with whom the licensee intends to deal as a farm labor contractor; and
(ii)    on request, to an authorized employee or official of the State.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-308 - Denials, Suspensions, and Revocations -- Grounds

Subject to the hearing provisions of § 7–309 of this subtitle, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee:
(1)    fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2)    fraudulently or deceptively uses a license;
(3)    knowingly makes any misrepresentation in the application;
(4)    is not the real party in interest in the application for a license and the real party in interest:
(i)    has been refused a license;
(ii)    has had a license suspended or revoked; or
(iii)    otherwise fails to qualify under this section for a license;
(5)    fails to comply with any provision of this title;
(6)    fails to comply with any regulation that the Commissioner adopts;
(7)    fails to comply with an order that the Commissioner passes;
(8)    fails to satisfy a judgment that the Commissioner obtains under this title;
(9)    knowingly gives a migrant agricultural worker who is recruited or hired false or misleading information about the existence or conditions of employment;
(10)    fails, without just cause, to comply with any agreement or arrangement with an agricultural operation or with a migrant agricultural worker;
(11)    is found by the Secretary of Health to have violated a regulation of the Secretary on housing, sanitation, or safety for migrant agricultural workers;
(12)    has had a farm labor contractor registration certificate suspended or revoked by the United States Department of Labor or by another state for a reason that would justify suspension or revocation of a license in this State;
(13)    has been convicted of a felony under a law of the State or under federal law; or
(14)    during the past 5 years, has been convicted of a misdemeanor in connection with performing a farm labor contracting service if the misdemeanor relates to:
(i)    gambling;
(ii)    sale, distribution, or possession of an alcoholic beverage; or
(iii)    sale, distribution, or possession of a controlled dangerous substance.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-309 - Denials. Suspensions, and Revocations -- Hearings

(a)    Except as provided in § 10-226 of the State Government Article or in § 7-310 of this subtitle, before the Commissioner takes any final action under § 7-308 of this subtitle, the Commissioner shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commissioner.
(b)    The Commissioner shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commissioner may hear and determine the matter.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-311 - Order to Cease Violations

(a)    If, after an investigation, the Commissioner has reason to believe that a person is performing a farm labor contracting service for consideration in the State without a license, the Commissioner may pass an order to require the person immediately to cease performing the farm labor contracting service.
(b)    The Commissioner shall give notice of the order and, if requested under subsection (d) of this section, hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    An order passed under this section shall be:
(1)    served personally; or
(2)    sent by certified mail to the last known address of the person.
(d)    (1)    Within 7 days after service of an order under this section, the person may submit to the Commissioner a written request for a hearing.
(2)    Unless a person requests a hearing in accordance with paragraph (1) of this subsection, the order is final.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-312 - Security for Compliance With Laws

(a)    Subject to subsection (b) of this section, the Commissioner may require a farm labor contractor to post a surety bond or other security if the Commissioner:
(1)    finds that the farm labor contractor has violated a provision of this title or any order that the Commissioner passes or regulation that the Commissioner adopts; or
(2)    receives a certified record of the finding of a unit of another state or the United States that the farm labor contractor has violated any law that relates to:
(i)    registration as a farm labor contractor; or
(ii)    the employment of, provision of housing for, or transportation of a migrant agricultural worker.
(b)    The Commissioner may not require security on the basis of an administrative decision that a court nullifies.
(c)    The Commissioner may require security in an amount that the Commissioner considers adequate to ensure compliance with the laws of the State.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 3 - Licensing › Section 7-313 - Judicial Review

Any person aggrieved by a final decision of the Commissioner in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 4 - Responsibilities of Farm Labor Contractors › Section 7-401 - Disclosures to Migrant Agricultural Workers

(a)    (1)    In accordance with this section, each farm labor contractor shall disclose to each migrant agricultural worker:
(i)    each place of employment in the State;
(ii)    a description of the crops and activities involved;
(iii)    each condition of employment at each place of employment, including:
1.    the wage to be paid;
2.    the person who will pay the wage; and
3.    when the wage is due;
(iv)    the housing, insurance, or transportation that will be provided to the migrant agricultural worker;
(v)    any cost that will be charged to the migrant agricultural worker for housing, insurance, or transportation; and
(vi)    each labor dispute that the farm labor contractor knows exists at a place of employment.
(2)    Each farm labor contractor shall disclose to a migrant agricultural worker the information required under this subsection:
(i)    before the farm labor contractor causes the migrant agricultural worker to enter the State to perform agricultural work;
(ii)    if the migrant agricultural worker is recruited in the State, before the farm labor contractor recruits the migrant agricultural worker to perform agricultural work; or
(iii)    if the farm labor contractor is in the State with a migrant agricultural worker and has recruited the migrant agricultural worker when an agricultural operation asks the farm labor contractor to perform a farm labor contracting service, before the farm labor contractor performs the service.
(b)    Each farm labor contractor who provides housing for a migrant agricultural worker, by agreement with an agricultural operation or otherwise, shall ensure that all of the conditions of occupancy are posted conspicuously while the migrant agricultural worker stays in the housing.
(c)    Information that a farm labor contractor is required to disclose under this section shall be:
(1)    in writing; and
(2)    in English or, as necessary and reasonable for migrant agricultural workers who are not fluent or literate in English, in Spanish or another language common to the migrant agricultural workers.
(d)    On request, the Commissioner shall make available to a farm labor contractor forms to be used to disclose information as required under this section.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 4 - Responsibilities of Farm Labor Contractors › Section 7-402 - Compliance With Agreements

Unless there is just cause for noncompliance, each farm labor contractor shall comply with:
(1)    each written agreement with an agricultural operation that relates to performing a farm labor contracting service or to protecting a migrant agricultural worker under this title;
(2)    each written agreement or working arrangement with a migrant agricultural worker; and
(3)    each written description of conditions of employment, housing, or transportation that is required under this subtitle to be disclosed to migrant agricultural workers.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 4 - Responsibilities of Farm Labor Contractors › Section 7-403 - Records of Wages

(a)    The Commissioner may require, by regulation, a farm labor contractor to keep records of:
(1)    wages owed to each migrant agricultural worker for agricultural work performed in the State; and
(2)    wages paid to each migrant agricultural worker for agricultural work performed in the State.
(b)    A farm labor contractor shall keep all of the records required under subsection (a) of this section even if the farm labor contractor is not responsible for paying a migrant agricultural worker.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 4 - Responsibilities of Farm Labor Contractors › Section 7-404 - Transportation of Migrant Agricultural Workers

(a)    Each farm labor contractor shall ensure that each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State meets applicable federal and State standards for safety.
(b)    Each farm labor contractor shall ensure that the driver of each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State is authorized under Title 16 of the Transportation Article to drive the vehicle.
(c)    (1)    Each farm labor contractor shall ensure that the owner of each vehicle that the farm labor contractor uses or causes to be used to transport a migrant agricultural worker in the State has a policy that insures against liability for bodily injury and damage to property that arises from the ownership or operation of the vehicle.
(2)    The Commissioner shall set, by regulation, the minimum amount of insurance coverage required under paragraph (1) of this subsection, but the amount may not exceed the coverage required under federal law.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 5 - Prohibited Acts; Penalties › Section 7-502 - Misrepresentation

Unless authorized under this title to perform a farm labor contracting service for consideration, a person may not represent to the public, by the use of a title, including “licensed farm labor contractor”, by description of services, methods, or procedures, or otherwise, that the person is authorized to perform a farm labor contracting service in the State for consideration.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 5 - Prohibited Acts; Penalties › Section 7-503 - Use of Farm Labor Contractors

(a)    Except as otherwise provided in this title, a person may not use a farm labor contractor to perform a farm labor contracting service unless the person ascertains that the farm labor contractor is licensed by:
(1)    requesting confirmation from the Commissioner that the farm labor contractor is licensed; or
(2)    examining the license.
(b)    (1)    Whenever a person makes a request under subsection (a)(1) of this section, the Commissioner shall inform the person whether the farm labor contractor is licensed.
(2)    Within 5 working days after a person makes a request under subsection (a)(1) of this section, the Commissioner shall respond in writing.
(3)    If the status changes during the term of the license, the Commissioner shall give the person who made the request written notice of the change.
(4)    If the Commissioner fails to provide the notice required under this subsection, a person is not liable for hiring a person who is not authorized to perform farm labor contracting services in the State.
(c)    Notwithstanding subsection (b)(4) of this section, a person may not hire or continue to use a farm labor contractor to perform a farm labor contracting service after the person receives notice from the Commissioner or otherwise learns that the farm labor contractor is not licensed.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 5 - Prohibited Acts; Penalties › Section 7-506 - Civil Penalties

(a)    Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates:
(1)    any provision of this title;
(2)    any order passed under this title; or
(3)    any regulation adopted to carry out this title.
(b)    A civil penalty under this section may not exceed $5,000 for each violation.
(c)    (1)    Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to:
(i)    the size of the business;
(ii)    any good faith effort to comply with § 7-503 of this subtitle; and
(iii)    the history of previous violations.
(2)    Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to:
(i)    the size of the business;
(ii)    the gravity of the violation;
(iii)    the good faith of the farm labor contractor; and
(iv)    the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.
2023 Maryland Statutes › Labor and Employment › Title 7 - Farm Labor Contractors › Subtitle 5 - Prohibited Acts; Penalties › Section 7-507 - Criminal Penalties

A farm labor contractor who willfully violates any provision of this title or any regulation adopted to carry out this title is guilty of a misdemeanor and on conviction is subject:
(1)    for a first offense, to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both; and
(2)    for a subsequent offense, to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-102 - Legislative Findings and Policy

(a)    This section is a guide to the interpretation and application of this title.
(b)    The General Assembly finds that:
(1)    economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of the State;
(2)    involuntary unemployment is a subject of general interest and concern that requires appropriate action by the General Assembly to prevent the spread of involuntary unemployment and to lighten its burden, which often falls with crushing force on the unemployed worker and the family of the unemployed worker;
(3)    the achievement of security for society requires protection against involuntary unemployment, which is the greatest hazard of our economic lives; and
(4)    security for society can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, maintaining the purchasing power, and limiting the serious social consequences of poor relief assistance.
(c)    The General Assembly declares that, in its considered judgment, the public good and the general welfare of the citizens of the State require the enactment of this title, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of individuals unemployed through no fault of their own.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-103 - Rule of Construction; Implementation of Title 10, Subtitle 2 of State Government Article

(a)    To the extent necessary to ensure that the United States Secretary of Labor certifies this title under § 3304 of the Internal Revenue Code and unless this title clearly indicates an intent to the contrary, this title shall be construed in a manner consistent with the relevant provisions of the Internal Revenue Code, the Federal Social Security Act, the Federal-State Extended Unemployment Compensation Act of 1970, and the Federal Trade Act of 1974.
(b)    If implementation of a provision of Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act - Contested Cases) affects federal funds otherwise available under this title, the Department shall advise the Governor and request appropriate action under § 10-225 of the State Government Article.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-104 - Employment Stabilization

With the advice and help of the State and local advisory councils, the Secretary shall take all appropriate steps to:
(1)    reduce and prevent unemployment;
(2)    encourage and assist in the adoption of practical methods of vocational training, retraining, and guidance;
(3)    advise, assist, and conduct investigations regarding the establishment and operation by a county, a municipality, or the State, of reserves for public works to be used in times of business depression and unemployment;
(4)    promote the reemployment of unemployed workers throughout the State in each other way that may be feasible; and
(5)    conduct investigations and research studies and publish the results.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-105 - Limitation on Use of Information

Unless a report or other written or oral communication that is made or delivered in connection with this title is false and malicious, a person may not bring an action for abusive or wrongful discharge, libel, or slander based on the report or communication from:
(1)    an employee to an employer;
(2)    an employer to an employee; or
(3)    an employee or an employer to the Secretary or Board of Appeals or any agent, employee, or representative of the Secretary or Board of Appeals.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-105.1 - Limitation on Use of Information -- Domestic Violence

(a)    Except as provided in subsection (b) of this section or otherwise required by law, information provided to the Secretary under § 8–1001(b)(3) of this title for purposes of determining whether a claimant left employment as a result of domestic violence shall be confidential and not subject to disclosure to any party.
(b)    (1)    The Secretary may notify the employing unit in general terms that a claimant has left employment as a result of domestic violence.
(2)    The Secretary may not disclose information provided to the Secretary under § 8–1001(b)(3)(ii) of this title to the employing unit unless the employing unit can establish that:
(i)    the employing unit has a legitimate need to question the veracity of the information;
(ii)    the employing unit’s need for the information outweighs the claimant’s personal privacy interest; and
(iii)    the employing unit is unable to obtain the information from any other source.
(3)    Before disclosing information under this section, the Secretary shall:
(i)    notify the claimant; and
(ii)    redact unnecessary identifying information.
(4)    An employing unit that receives information under this section may not further disseminate the information.
(c)    Information related to the status of a claimant or a claimant’s spouse, minor child, or parent as a victim of domestic violence is not public information subject to disclosure as part of the appeals process.
(d)    The Secretary may adopt regulations to further protect the privacy of the claimant.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-106 - Protection of Covered Employees

(a)    (1)    An agreement by an individual to commute, release, or waive a right to benefits under this title is void.
(2)    An agreement by an employee to pay all or part of the contributions that an employing unit is required to make under this title is void.
(b)    (1)    An assignment or pledge of an individual’s right to benefits under this title is void.
(2)    A right to benefits under this title is not subject to attachment, execution, levy, or any other remedy provided by law for collection of debts.
(3)    After an individual receives benefits, unless they are commingled with other money of the individual, the benefits are exempt from any remedy provided by law for collection of debts.
(4)    A waiver of any exemption under this subsection is void.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-107 - Employers With Multiple Establishments; Employment by Agents or Employees

(a)    An individual who performs services for an employer that maintains more than 1 establishment is deemed to be employed by a single employer.
(b)    If an employer has actual or constructive knowledge that an individual is employed to perform or assist in performing the work of any agent or employee of the employer, the individual is deemed to be employed by the employer regardless of whether the individual was hired or paid directly by the employer or the agent or employee of the employer.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-108 - Electronic Transmission of Information and Documents

(a)    Notwithstanding any other provision of this article governing methods of delivery, an individual or employer may electronically send to the Department information, a report, a request, or a document, including a request for a determination, a redetermination, or an appeal.
(b)    Notwithstanding any other provision of this title governing methods of delivery, the Department may electronically send a determination, a redetermination, an appeals decision, a notice, or any other document provided to an individual or employer under this title.
(c)    The Department shall adopt regulations establishing the methods and means for electronically sending information and documents under this section.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 1 - Definitions; General Provisions › Section 8-110 - Information Provided to County Chief Elected Official -- Use of Information -- Adoption of Regulations

(a)    On request and for purposes consistent with Chapter 65 of the Acts of the General Assembly of 2021, the Department shall provide to the chief elected official of a county demographic data and the addresses, occupations, and last known employers of unemployment insurance recipients who live in the county of the chief elected official.
(b)    A chief elected official of a county may:
(1)    share the information provided to the chief elected official under subsection (a) of this section with the governing body of the county; and
(2)    request information under subsection (a) of this section on behalf of a political subdivision within the county and provide the information to the political subdivision.
(c)    The Secretary may adopt regulations to carry out this section, including regulations that:
(1)    establish the circumstances under which the names of unemployment insurance recipients may be included in the information provided under subsection (a) of this section; and
(2)    are necessary to protect the personally identifiable information of unemployment insurance recipients.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-201 - Covered Employment

(a)    Employment is presumed to be covered employment if:
(1)    regardless of whether the employment is based on the common law relation of master and servant, the employment is performed:
(i)    for wages; or
(ii)    under a contract of hire that is written or oral or express or implied; and
(2)    the employment is performed in accordance with § 8–202 of this subtitle.
(b)    To overcome the presumption of employment, an employing unit shall establish that the person performing services is an independent contractor in accordance with § 8–205 of this subtitle or is specifically exempted under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-203 - Election of Coverage

(a)    An employer may submit to the Secretary a written election that employment that otherwise is not covered under this title is covered employment if:
(1)    payments are not required for the employment under an unemployment insurance law of another state or the federal government; and
(2)    the employment is performed for the employer by an individual in a distinct establishment or place of business.
(b)    (1)    The Secretary shall approve or disapprove the election in writing.
(2)    If the Secretary approves an election, the employment included in the election shall be covered employment from the date stated in the approval.
(c)    An election under this subsection shall be for at least 2 calendar years.
(d)    The provisions of § 8–909 of this title with respect to rights to benefits based on service for State and nonprofit institutions of higher education shall apply to service that is covered employment under an election under this section.
(e)    The employment shall cease to be covered employment as of January 1 of the calendar year following the end of the 2 calendar year period during which the employment has been covered if, by January 31 of that year:
(1)    the employing unit has submitted a written notice of termination to the Secretary; or
(2)    the Secretary has given notice of termination of the coverage.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-204 - Part Insured and Part Uninsured Employment

(a)    In this section, “pay period” means a period of not more than 31 consecutive days for which a payment of wages ordinarily is made to an individual by the employer of the individual.
(b)    This section does not apply to employment that an individual performs for an employer in a pay period in which any of the employment is exempted under § 8-213(b) of this subtitle.
(c)    (1)    If employment that an individual performs for an employer during at least one-half of a pay period is covered employment, then all of the employment during that pay period is covered employment.
(2)    If employment that an individual performs for an employer during more than one-half of a pay period is not covered employment, then none of the employment during that pay period is covered.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-205 - Independent Contractors

(a)    Work that an individual performs under any contract of hire is not covered employment if the Secretary is satisfied that:
(1)    the individual who performs the work is free from control and direction over its performance both in fact and under the contract;
(2)    the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and
(3)    the work is:
(i)    outside of the usual course of business of the person for whom the work is performed; or
(ii)    performed outside of any place of business of the person for whom the work is performed.
(b)    The Secretary shall adopt regulations to provide:
(1)    general guidance about the application of subsection (a) of this section; and
(2)    specific examples of how subsection (a) of this section is applied to certain industries, including the construction industry, the landscaping industry, and the home care services industry.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-208 - Charitable, Educational, and Religious Organizations

(a)    Except as otherwise provided in this subtitle, employment is covered employment if the employment is:
(1)    performed for a charitable, educational, religious, or other organization; and
(2)    excluded from the definition of “employment” in the Federal Unemployment Tax Act solely by § 3306(c)(8) of the Act.
(b)    Employment is not covered employment if the employment is performed for:
(1)    a church or an association or convention of churches; or
(2)    an organization that is:
(i)    operated primarily for religious purposes; and
(ii)    controlled, operated, principally supported, or supervised by a church or an association or convention of churches.
(c)    Employment is not covered employment if the employment is performed by:
(1)    a commissioned, licensed, or ordained minister of a church in the exercise of the ministry; or
(2)    a member of a religious order in the exercise of duties required by the order.
(d)    During any calendar quarter in which the compensation is less than $50, the employment is not covered employment if it is performed for an organization that is exempt from income tax under:
(1)    § 501(a) of the Internal Revenue Code unless the organization is described in § 401(a) of the Internal Revenue Code; or
(2)    § 521 of the Internal Revenue Code.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-209 - Commission Sales

(a)    Work that an insurance producer performs for payment solely by commission is not covered employment.
(b)    To the extent that work is exempted under federal law, the work that an associate real estate broker or real estate salesperson performs for a licensed real estate broker for payment by commission is not covered employment.
(c)    Work that a yacht salesperson performs for a licensed trader for payment solely by commission is not covered employment.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 2 - Scope of Title › Section 8-210 - Crew Member or Officer of Vessel

(a)    Except as provided in § 8-202(d)(2) of this subtitle, employment performed by a crew member or officer of a vessel on the navigable waters of the United States is not covered employment if the vessel has a capacity of 10 net tons or less.
(b)    Employment is not covered employment if:
(1)    performed by a crew member or officer of:
(i)    a vessel with a capacity of 10 net tons or less; or
(ii)    a fishing boat that has a crew that normally consists of fewer than 10 individuals;
(2)    the crew member or officer is engaged in the farming or taking of any aquatic life; and
(3)    the crew member or officer is paid on a share basis and not by a salary.