• Advisory ID: 08-076
• Advisory Date: 7/14/2008
• Contact: Neil H. Greenberger  240-777-7939 or Jean Arthur240-777-7934
• From: Council Office

Montgomery Council to Consider Bill Ensuring Rights for Domestic Workers

On Tuesday, July 15, Montgomery Could Become Nation’s First County Requiring Contracts for Home Employees

ROCKVILLE, Md., July 14, 2008—The Montgomery County Council on Tuesday, July 15, is scheduled to consider a bill that would require employers of certain domestic workers to negotiate and sign a written contract that specifies the terms and conditions of the employment. If passed by the Council, it is believed that it would be the first legislation nationally of this type to regulate employers of domestic workers.

Bill 2-08, whose chief sponsors are Councilmembers Marc Elrich and George Leventhal, is on the Council’s morning agenda, which is scheduled to begin at 9:30 a.m. in the Seventh Floor Council Hearing Room of the Council Office Building at 100 Maryland Ave. in Rockville. It will be televised live by County Cable Montgomery (CCM—Cable Channel 6 on Comcast and RCN, Channel 30 on Verizon) and will be rebroadcast on Friday, July 18, at 8 p.m. The broadcast also can be viewed via streaming through the County Web site at www.montgomerycountymd.gov.

The Council Committee on Health and Human Services sponsored a study of domestic workers in the County which was released on May 10, 2006. The study found that domestic workers in the County have limited access to information about their rights under state and county law and very few have written employment contracts. Consequently, many domestic workers in the County are paid less than the minimum wage required by state law and do not receive overtime pay for work in excess of 40 hours per week.

The bill would require an employer to give the domestic worker written notice of their legal rights guaranteed under State law. The bill also requires an employer to sign a written contract specifying the terms and conditions of employment. It would not mandate any term or condition except for certain living accommodations for live-in workers.

“I find it incredible that some people will trust others with their most precious possessions—their families and their homes—but then not fairly treat the employees who perform these domestic services,” said Councilmember Elrich. “This legislation will take a major step to ensure that domestic workers in Montgomery County are addressed more equitably in regard to the terms of their employment.”

The legislation defines a domestic worker as an individual who cares for a child, serves as a companion to a disabled or elderly individual, or provides housekeeping, cooking, cleaning or laundry service in a home located in the County. The bill only covers those who work more than 20 hours each week for a period of 30 days or more.

Excluded from the bill are individuals working as a registered nurse, a licensed practical nurse or a certified nursing assistant. The bill also excludes a child, parent, spouse or other member of the immediate family of the recipient of the service and a person working as an au pair. It also excludes independent home care providers who are authorized to organize for collective negotiation with the State under an Executive Order.

“In 2006, the County Council's Health and Human Services Committee commissioned a study that showed that domestic workers are frequently underpaid and overworked and have no mechanism to protect their rights,” said Councilmember Leventhal. “This legislation will provide a fundamental protection—a contract—that should be a basic entitlement for every worker."

Bill 2-08 would require that the dwelling unit that includes the living accommodations for the employee meet the requirements of the County Housing Code. It would require a separate bedroom with a door that can be locked, and reasonable access to a kitchen, bathroom and laundry facility. The separate bedroom requirement would not apply to a live-in companion to a disabled or elderly individual.

The bill would not authorize individuals to work in the County without proper immigration status.

Domestic workers already are covered by provisions of Maryland law that pertain to terms such as minimum wage, worker’s compensation and overtime. However, most domestic workers are not covered by the federal National Labor Relations Act and therefore do not have the same protections to organize and bargain collectively concerning wages and terms of conditions of employment.

The bill would prohibit retaliation against a domestic worker who requests a written contract, attempts to enforce the terms of a contract, or files a complaint or participates in an investigation of a complaint. The bill authorizes Montgomery County’s Office of Consumer Protection to investigate complaints and refer a complaint or violation to a hearing officer for enforcement.

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