§ 8-205. Independent contractors

   (a) In general. -- 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) Regulations. -- 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.

HISTORY: An. Code 1957, art. 95A, § 20; 1991, ch. 8, § 2; 2009, chs. 188, 548.