Bill 2-08 – Frequently Asked Questions

1.Who is a domestic worker?

A domestic worker is an individual who cares for a child, provides housekeeping, cooking, cleaning, or laundry service in the home of the recipient of the service located in the County.The Bill also covers individuals employed by an agency who work as a companion to a disabled or elderly individual in the home of the recipient of the service.The Bill only covers those who work more than 20 hours each week for a period of 30 days or more.

2. Are there other exclusions in the Bill?

Yes.The Bill excludes an individual 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.Finally, the Bill excludes companion workers for disabled or elderly persons who are unable to care for themselves if they are not employed by an agency.

3.Who is the employer of a domestic worker?

The Bill will require an employer-employee relationship based upon the common law standard for determining the master-servant relationship.If the worker is an employee of a company that contracts with the client to provide domestic service, then the company is the employer required to negotiate a written contract with the worker. If the worker performs more than 20 hours of domestic service at one residence during the week, and is not an employee of a company contracting with the person receiving the service, then the worker is an employee of the person receiving the service if there is an employer-employee relationship. A live-in domestic worker will generally be an employee of the person receiving the service.A worker who performs domestic service at different residences or who hires assistants to help perform the work will generally be an independent contractor.The Bill does not cover an independent contractor.

4.What does the Bill require an employer to do?

The Bill requires an employer to give the domestic worker written notice of their legal rights guaranteed under State law.The Bill also requires an employer to negotiate with the worker over the terms and conditions of employment and offer to sign a written contract specifying those terms and conditions of employment.An employer of a domestic worker must obtain either a written employment contract signed by both the employer and the domestic worker or a disclosure statement signed by the domestic worker.The disclosure statement must confirm that the employer offered a written contract and that the worker voluntarily chose not to sign it.The Bill does not mandate any term or condition except for certain living accommodations for live-in workers.

5. What living accommodations does the Bill require for live-in workers?

The Bill requires that the dwelling unit that includes the living accommodations meets the requirements of the County Housing Code.The Bill also requires a live-in worker to have a separate bedroom with a door that can be locked along with reasonable access to a kitchen, bathroom, and laundry facility.

6.Who will enforce the Bill?

The Office of Consumer Protection will enforce the Bill.A domestic worker can file a complaint against an employer with the Office of Consumer Protection.Complaints about living accommodations will be referred to the Department of Housing and Community Affairs.A complaint alleging a breach of an employment contract will be handled by the Courts.

7.Does this Bill create new employment rights for undocumented workers?

No.Immigration laws are within the exclusive authority of the Federal government.The Bill does not authorize individuals to work in the County without proper immigration status.

8.Will the County provide help with drafting employment contracts?

Yes.The Office of Consumer Protection, after consulting with the Commission for Women, will draft and publish both a model employment contract and a model disclosure statement that employers and workers can use to comply with this law.

9.Does the Bill apply to a person who is already employed as a domestic worker in the County?

Yes.However, the Bill will not be effective until 180 days after it becomes law.

10.What is the penalty for a violation of this law?

The Director of the Office of Consumer Protection may refer a complaint of a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.The hearing officer may order relief, including a civil penalty of not more than $1000 per violation.