Ch. 203

1997 LAWS OF MARYLAND

(b) Work that a direct seller performs is not covered employment if the Secretary
is satisfied that:

(1) the direct seller is engaged in the trade or business of selling consumer

products:

(i) in the home or at any other location outside of a permanent retail
establishment; or

(ii) to a buyer on a buy-sell basis, a deposit-commission basis, or any
similar basis for resale by the buyer or any other person in the home or at any other
location outside of a permanent retail establishment;

(2) the direct seller and the person for whom the work is performed have
entered into a written agreement that is currently in effect;

(3) substantially all of the compensation for the employment is related
directly to sales or other output, including the performance of a service, rather than to the
number of hours worked; and

(4) the written agreement states that the direct seller will not be treated as
an employee for the purpose of State and federal income taxes with respect to the
employment performed under the agreement.

(C) WORK THAT AN INDIVIDUAL ENGAGED IN THE TRADE OR BUSINESS OF
DELIVERING OR DISTRIBUTING NEWSPAPERS OR SHOPPING NEWS, INCLUDING THE
PERFORMANCE OF ANY SERVICES DIRECTLY RELATED TO THE DELIVERY OR
DISTRIBUTION OF NEWSPAPERS OR SHOPPING NEWS, IS NOT COVERED
EMPLOYMENT IF THE SECRETARY IS SATISFIED THAT THE INDIVIDUAL MEETS THE
REQUIREMENTS FOR A DIRECT SELLER UNDER PARAGRAPHS (2), (3), AND (4) OF
SUBSECTION (B) OF THIS SECTION PERFORMS IS NOT COVERED EMPLOYMENT. IF
THE SECRETARY IS SATISFIED THAT THE INDIVIDUAL:

(1) IS ENGAGED IN THE TRADE OR BUSINESS OF DELIVERING OR
DISTRIBUTING NEWSPAPERS OR SHOPPING NEWS. INCLUDING ANY SERVICES
DIRECTLY RELATED TO THE DELIVERY OR DISTRIBUTION OF NEWSPAPERS OR
SHOPPING NEWS; AND

(2) MEETS THE REQUIREMENTS FOR A DIRECT SELLER UNDER
SUBSECTION (B)(2), (3), AND (4) OF THIS SECTION.

[(c)] (D) Work that a messenger service driver performs for a person who is
engaged in the messenger service business is not covered employment if the Secretary is
satisfied that:

(1) the driver and the person who is engaged in the messenger service
business have entered into a written agreement that is currently in effect;

(2) the driver personally provides the vehicle;

(3) compensation is by commission only;

(4) the driver may set personal work hours; and

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