Maryland Joint Enforcement Task Force on Workplace Fraud

Joint Enforcement Task Force Upcoming Meetings

U.S. Department of Labor Misclassification of Employees as Independent Contractors

The Maryland General Assembly passed the Maryland Workplace Fraud Act in 2009 and amended it in 2012. The Maryland Department of Labor is charged with enforcing the law.  Investigations of possible misclassification are conducted by the Worker Classification Protection Unit.  The Worker Classification Unit has the authority to issue citations and assess penalties in cases of worker misclassification.  A Joint Enforcement Task Force on Workplace Fraud (Task Force) to coordinate enforcement efforts with the appropriate state agencies, facilitate data and information sharing, and increase awareness of misclassification was established by Executive Order of the Governor in 2009.

Members of the Task Force include the Maryland Secretary of Labor or the Secretary's designee; the Attorney General of the State of Maryland or the Attorney General's designee; the Comptroller of the State of Maryland or the Comptroller's designee; the Chair of the Workers' Compensation Commission or the Chair's designee; the Commissioner of the Maryland Insurance Administration or the Commissioner's designee; the Commissioner of Labor and Industry or the Commissioner's designee; and, the Assistant Secretary for the Division of Unemployment Insurance or Assistant Secretary's designee.  The Secretary of Labor or the Secretary's designee serves as the Chair of the Task Force.  The Task Force is required to issue a report to the Governor by December 31st of each year summarizing the accomplishments of the member agencies, identifying barriers to the effective operation of the Task Force, and proposing any administrative, legislative or regulatory changes that the Task Force deems appropriate.

How to Submit a Report of Misclassification (Employment Fraud)

Are you a worker who has been classified as an independent contractor by the person or business for which you work? Do you believe that you should be classified as an employee? Employees who are misclassified are denied the protections afforded to other employees including unemployment insurance coverage, Workers’ Compensation coverage, minimum wage and overtime and other benefits that are typically provided to employees.
If you believe that the person or business for whom you work has incorrectly classified you as an independent contractor, you can file a report (complaint) directly with the Joint Enforcement Task Force. Agencies associated with the Task Force will review your complaint and reach out to you accordingly.
Please submit your report by email to DLDLIWorkerMisclassComplaint-LABOR@maryland.gov. Include the following contact information in the body of the email:

• First name (optional)
• Last name (optional)
• Phone number
• email address

Please also state if you are a worker or a third-party reporter. If you are a third-party reporter submitting on behalf of someone, indicate your relationship with that individual.
Describe the situation and concerns leading to your complaint in up to 1000 words and attach any supporting documentation.

If you work in construction or landscaping, please also complete this form and attach it to the email transmitting your report: Worker Misclassification Reporting Form

How to submit questions or suggestions regarding the work of the JETF

Executive Order 01.01.2009.09

For information regarding federal labor law, please visit the U.S. Department of Labor's website - U.S. DOL Misclassification Initiative.
For information regarding minimum wage and overtime complaints, please contact the US DOL at 410-962-6211 or visit their website:
Minimum Wage
Overtime

For more information regarding worker classification for federal income and employment tax purposes, please visit the IRS website. To request a determination of worker's status, submit Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding to the IRS. There are different tests to determine a worker's status for different purposes so it should be clear that an IRS determination of worker status is for IRS purposes only, not for any State purpose.