294                             LAWS OF MARYLAND                        [CH. 99

CHAPTER 99

(House Bill 60)

AN ACT to repeal and re-enact, with amendments, Section 20(g) (6)
of Article 95A of the Annotated Code of Maryland (1957 Edition),
title "Unemployment Insurance Law", sub-title "Definitions", to
provide for exemption of certain barbers and beauticians from
coverage under the unemployment insurance LAWS and to fix the
conditions for exclusion of CERTAIN barbers and beauticians.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM-
BLY OF MARYLAND, THAT SECTION 20(G)(6) OF ARTICLE
95A OF THE ANNOTATED CODE OF MARYLAND (1957 EDI-
TION), TITLE 'UNEMPLOYMENT INSURANCE LAW,' SUB-
TITLE 'DEFINITIONS,' BE AND IT IS HEREBY REPEALED
AND RE-ENACTED, WITH AMENDMENTS, AND ALL TO
READ AS FOLLOWS:

20 (g)

(6) Services performed by an individual for wages or under any
contract of hire shall be deemed to be employment subject to this
article, irrespective of whether the common-law relationship of
master and servant exists, unless and until it is shown to the satis-
faction of the Executive Director that

(A)  Such individual has been and will continue to be free from
control or direction over the performance of such services, both
his contract of service and in fact; and

(B)  Such service is either outside the usual course of the business
for which such service is performed, or that such service is per-
formed outside of all the places of business of the enterprise for
which such service is performed; and

(C)  Such individual is customarily engaged in an independently
established trade, occupation, profession or business of the same na-
ture as that involved in the service in question [.]; and

(D)  Barbers and beauticians- operating establishments and leas-
ing chairs or booths to other properly licensed barbers and beauti-
cians need not show compliance with sub-paragraphs (A), (B) and
(C) hereof if it is shown to the satisfaction of the Executive Di-
rector that:

(1) (i) A written lease has been entered into between the Operator
and the lessee and is currently in force.

(2) (ii) Lessee pays a stipulated amount for the use of the chair or
booth but is required to make no further accounting or report of
income to the operator.

(3) (iii) Lessee has access to the premises at all hours and has the
right to establish his own working hours and regulate his own prices.

(4) (iv) The lease expressly states that the Lessee is aware THAT
he must be responsible for payment of STATE AND Federal Income
Taxes AND self-employed Social Security contributions, and under-
stands he is not within covered employment as defined by this Article.