Maryland's Fraud Task Force Found 5,595 Workers. Construction Alone Hides Four Times That.
Summary
Maryland's Joint Enforcement Task Force on Workplace Fraud uncovered $36 million in unreported wages and 5,595 misclassified workers across the entire state economy in 2024. An independent analysis of the construction industry alone puts the true count at 23,731 workers in a single year — 11% of the trade's workforce, and four times what the task force found across every industry combined.
What enforcement catches, against what's actually there
Maryland's Joint Enforcement Task Force on Workplace Fraud (JETF) — reestablished by executive order in January 2024 — pools the state's Department of Labor, Comptroller, and other agencies to chase down businesses that misclassify workers or pay them off the books. Its 2024 Annual Report credits the effort with finding 5,595 misclassified workers and $36 million in unreported taxable wages through Unemployment Insurance Division audits that year, plus $3.5 million in tax, interest, and penalties assessed by the Comptroller.
Set next to that enforcement total, one industry alone dwarfs it. A Century Foundation analysis of 2023 data — cited in the state's own task force report — estimates 23,731 construction workers were misclassified or paid off the books in Maryland that year alone, roughly 11% of the state's entire construction workforce. The two figures cover different years and only one industry against the whole economy, so they aren't strictly additive — but the gap between what a dedicated task force finds and what one trade is estimated to hide is the story.
View data as table
| Found by enforcement, all industries (2024) | 5,595 | MD JETF Annual Report |
|---|---|---|
| Estimated, construction industry alone (2023) | 23,731 | The Century Foundation / ICERES |
This isn't a Maryland-only phenomenon. The same research group's original national study, using 2021 data, estimated 1.1 million to 2.1 million construction workers were misclassified or paid off the books nationwide — roughly a fifth of the industry's entire workforce, according to the report's lead author in a subsequent Construction Dive interview. Maryland is simply the one state where a government task force and an independent research shop both published a number for the same year, so the comparison can actually be made.
Where the missing money goes
The Century Foundation's Maryland estimate doesn't stop at a worker count. Using a cost methodology built by the Institute for Construction Employment Research Studies, it prices out what misclassification in the construction trade alone costs workers and public systems every year — payroll taxes employers never remit, overtime never paid, insurance premiums never bought.
View data as table
| Offloaded FICA (payroll tax) | $82.3M |
|---|---|
| Lost Social Security & Medicare | $79.1M |
| Unpaid workers' comp. premiums | $58.7M |
| Lost federal income tax | $32.1M |
| Lost overtime pay | $27.4M |
| Lost state income tax | $19.3M |
| Unpaid unemployment insurance | $9.1M |
The two largest lines — $82.3 million in offloaded FICA payroll tax and $79.1 million in lost Social Security and Medicare contributions — measure overlapping but distinct slices of the same payroll base, per the source's own table, so they shouldn't be added together. Even read separately, they show where the burden lands: not mainly on the employer who avoided it, but on the trust funds and insurance pools that everyone else pays into.
The takeaway
- Enforcement finds a fraction of the problem. Maryland's task force found 5,595 misclassified workers statewide in 2024. Independent research put the construction industry alone at 23,731 in 2023 — a different year and a single trade, and still four times the whole-economy enforcement count.
- The cost doesn't disappear — it relocates. Every dollar an employer avoids in payroll tax, overtime, or insurance premiums by misclassifying a worker is a dollar the worker, the state, or a public insurance fund absorbs instead.
- This is a national pattern, not a Maryland one. The same research group's national estimate put construction-industry misclassification at up to 2.1 million workers in 2021 — Maryland is simply the state where the enforcement number and the research estimate both exist for comparison.
Figures span different years (2023–2024) and, in the scope comparison, different scopes (one industry vs. the whole state economy) because that is what the two source organizations independently published — the gap between them is illustrative of scale, not a precise measurement of the same thing.
Sources
- Maryland Department of Labor, Joint Enforcement Task Force on Workplace Fraud: 2024 Annual Report — the state's own enforcement totals: 5,595 misclassified workers found, $36 million in unreported taxable wages uncovered by the Unemployment Insurance Division, and $3.5 million in tax, interest, and penalties assessed, all for calendar year 2024. labor.maryland.gov
- Governor of Maryland, Executive Order 01.01.2024.04 — reestablishing the Joint Enforcement Task Force on Workplace Fraud, January 2024. governor.maryland.gov
- Laura Valle-Gutierrez, New Estimates: Misclassification in the Maryland Construction Industry, The Century Foundation, January 2025 — the 23,731-worker Maryland construction estimate and the seven-category annual cost breakdown, cost analysis by Russell Ormiston (Institute for Construction Employment Research Studies). production-tcf.imgix.net
- Institute for Construction Employment Research Studies (ICERES) — methodology for the wage-and-tax-fraud cost analysis used in the Century Foundation's state estimates. iceres.org
- Laura Valle-Gutierrez, Russ Ormiston, Dale L. Belman, and Jody Calemine, Up to 2.1 Million U.S. Construction Workers Are Illegally Misclassified or Paid Off the Books, The Century Foundation, November 2023 — the original national estimate (1.1–2.1 million workers, 2021 data). tcf.org
- Construction Dive, interview with report author Laura Valle-Gutierrez — corroborating context on the national estimate's scope (roughly a fifth of the industry's workforce) and methodology, published after the primary TCF report. constructiondive.com
Comments
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Misclassifying an employee as an independent contractor is one of the cheapest things an employer can do. No payroll tax, no unemployment insurance premium, no workers' comp coverage, no overtime — the cost simply moves, onto the worker who loses the protection and onto the public systems that lose the contribution. Maryland runs a multi-agency task force whose entire job is to find these cases. In 2024, it found thousands. Independent research says thousands more went unfound, in a single industry, in a single year.