Skip to content
Oakclause

Independent Contractor Test in Maryland

Maryland uses the ABC test for unemployment insurance, and the Workplace Fraud Act applies an ABC test for wage law purposes only in construction and landscaping.

Last checked . General information, not legal advice.

Maryland at a glance

Test for wage and hour law
ABC test in construction and landscaping
The Workplace Fraud Act presumes employment unless the ABC conditions are met; the subtitle applies only to construction and landscaping services.
ABC test for wage law
Construction and landscaping only
Test for unemployment insurance
ABC test
Work under a contract of hire is not covered employment only if all three conditions are met.
ABC test for unemployment
Yes

Sources

Last checked

The rules in Maryland

Which test does Maryland use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in Maryland: ABC test in construction and landscaping. The Workplace Fraud Act presumes employment unless the ABC conditions are met; the subtitle applies only to construction and landscaping services.

Does Maryland apply the ABC test under its wage and hour laws?

Construction and landscaping only. ABC test for wage law in Maryland: construction and landscaping only.

Which test does Maryland use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Maryland: ABC test. Work under a contract of hire is not covered employment only if all three conditions are met.

Does Maryland apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in Maryland: yes.

Where do the Maryland independent contractor tests come from?

The rules above come from Md. Code, Lab. & Empl. 8-205, Md. Code, Lab. & Empl. 3-902 and Md. Code, Lab. & Empl. 3-903. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.