Agenda Item 6A
November 17,2015
Introduction
MEMORANDUM
November 13,2015
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
~q
,
SUBJECT:
Introduction:
Bill 46-15, Human Rights and Civil Liberties - Building
Maintenance Worker - Minimum Work Week
Bill 46-15, Human Rights and Civil Liberties - Building Maintenance Worker - Minimum
Work Week, sponsored by Lead Sponsor Councilmember Riemer and Co-Sponsors
Councilmembers Navarro, EIrich, and Hucker, is scheduled to be introduced on November 17,
2015. A public hearing is tentatively scheduled for January 19 at 7:30 p.m.
Background
Bill 46-15 would require an employer to provide a minimum work week ofat least 30 hours
for each employee working as a janitor, building cleaner, security officer, concierge, doorperson,
handyperson, or building superintendent at an office building occupying at least 400,000 square
feet in the County. The Bill would also apply to a County government employee working as a
building maintenance worker in an office building of at least 400,000 square feet. The Bill would
not apply to a person working in a building owned by the United States, any State, or any local
government.
A Complaint may be filed with the County Office of Human Rights. The County Human
Rights Commission may award a range of compensatory damages for a violation, including
attorney's fees and equitable relief. The Bill would not apply to an employee:
(1)
who earns more than twice the living wage;
(2) who works as a security officer only on Saturday or Sunday;
(3) who temporarily replaces a building maintenance worker who is absent for less than
one week; and
(4) of a Federal, State, or local government other than the County.
The Bill would take effect on July 1, 2018.
This packet contains:
Bill 46-15
Legislative Request Report
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Bill No.
46-15
Concerning: Human Rights and Civil
Liberties - Building Maintenance
Worker - Minimum Work Week
Revised: November 10, 2015 Draft No.
L
Introduced:
November 17,2015
Expires:
May 17, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive:
_-::-~-::-::-:-:-
_ _ __
Effective:
July 1, 2018
Sunset Date: -l..!.No:::.!.n,!.l:e'---_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmember Riemer
Co-sponsors: Councilmembers Navarro, EIrich and Hucker
AN
ACT to:
(1)
(2)
(3)
(4)
require certain employers in the County to provide certain building maintenance
workers with a minimum work week;
provide enforcement by the Office of Human Rights and the Human Rights
Commission;
authorize the Human Rights Commission to award certain relief; and
generally regulate the minimum work week for certain workers in the County.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Sections 27-7 and 27-8, and
By adding
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article XIV, Minimum Work Week for Building Maintenance Workers
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law
by
original bill.
Deletedfrom existing law
by
original hill.
Added
by
amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves thefollowing Act:
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Bill No. 46-15
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Sec. 1.
Sections 27-7 and 27-8 are amended and Chapter 27, Article
XIV is added as foUows:
27-7. Administration and enforcement.
(a)
Filing complaints.
Any person subjected to a discriminatory act or
4
5.
practice in violation of this Article.l or any group or person seeking to
enforce this Article or Articles X, XI, XII, [or] XIII, or XIV may file with
the Director a written complaint, sworn to or affirmed under the penalties
of perjury, that must state:
(1 )
(2)
the particulars ofthe alleged violation;
the name and address ofthe person alleged to have committed the
violation; and
(3)
any other information required by law or regulation.
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*
(f)
(1)
*
*
Initial determination, dismissal before hearing.
The Director must determine, based on the investigation, whether
reasonable grounds exist to believe that a violation of this Article
or Articles X, XI, XII, [or] XIII, or XIV occurred and promptly
send the determination to the complainant and the respondent.
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(2)
If the Director determines that there are no reasonable grounds to
believe a violation occurred, and the complainant appeals the
determination to the Commission within 30 days after the Director
sends the determination to the complainant, the Director promptly
must certify the complaint to the Commission. The Commission
must appoint a case review board to consider the appeal. The
board may hear oral argument and must:
(A)
(B)
dismiss the complaint without a hearing;
order the Director to investigate further; or
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27
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BILL No. 46-15
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(C)
set the matter for a hearing by a hearing examiner or the
board itself, and consider and decide the complaint in the
same manner as if the Director had found reasonable
grounds to believe that a violation of this Article or Articles
X, XI, XII, [or] XIII, or XIV occurred.
(3)
If the Director determines that there are reasonable grounds to
believe a violation occurred, the Director must attempt to
conciliate the matter under subsection (g).
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*
27-8. Penalties and relief.
*
*
(a)
Damages and other relieffor complainant.
After finding a violation
ofthis Article or Articles X.lXI, [or] XIII, or XIV, the case review board
may order the payment of damages (other than punitive damages) and
any other relief that the law and the facts warrant, such as:
(1)
compensation for:
(A)
(B)
(C)
(D)
(E)
reasonable attorney's fees;
property damage;
personal injury;
unreimbursed travel or other reasonable expenses;
damages not exceeding $500,000 for humiliation and
embarrassment, based on the nature of the humiliation and
embarrassment,
including
its
severity,
duration,
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frequency, and breadth of observation by others;
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BILL
No.
46-15
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(F)
financial losses resulting from the discriminatory act or a
violation of Article X or XIV; and
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(G)
interest on any damages from the date ofthe discriminatory
act or violation, as provided in subsection (c);
(2)
equitable reliefto prevent the discrimination or the violation
of Articles X.1 [or] XI, or XIV and otherwise effectuate the
purposes ofthis Chapter;
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(3)
consequential
damages,
such as lost wages
from
employment discrimination or a violation of Article X or
higher housing costs from housing discrimination, for up to
2 years after the violation, not exceeding the actual
difference in expenses or benefits that the complainant
realized while seeking to mitigate the consequences of the
violation (such as income from alternate employment or
unemployment
compensation
following
employment
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discrimination); and
(4)
any other relief that furthers the purposes of this Article or
Articles:x" [or] XI, or XIV, or is necessary to eliminate the
effects of any discrimination prohibited under this Article.
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*
27-83.
Definitions.
*
*
ARTICLE XIV. Minimum Work Week for Building Maintenance Workers.
As used
- ­
- - -
in this Article:
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Building maintenance worker
means an individual employed at
~
covered
location as
!!
janitor, building cleaner, security officer, concierge, doorperson,
handyperson, or building superintendent. A building maintenance worker does
not include:
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BILL
No.
46-15
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ill!! managerial or confidential employee;
ill
ill
an employee who works in an executive, administrative, or professional
capacity;
an employee who earns more than twice the wage requirement
established under Section IlB-33A;
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ill
ill
an employee who works as !! security officer solely on Saturday or
Sunday; or
an employee who temporarily replaces !! building maintenance worker
who is absent for less than one week.
Covered employer
means any person, individual, proprietorship, partnership,
joint venture, corporation, Limited Liability Company, trust, association, or
other entity operating and doing business in the County that employs one or
more persons as !! building maintenance worker at !! covered location in the
County. Covered employer includes the County government, but does not
include the United States, any State, or any other local government.
Covered leave
means paid or unpaid leave voluntarily used
Qy
!! building
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maintenance worker as authorized
Qy
Federal, State, or County law,!! collective
bargaining agreement, or !! written employee handbook.
Covered location
means an office building or group of office buildings under
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common ownership or man!!gement occupying !! total of400,000 square feet or
more in the County.
Covered location
does not include an office building or
group of office buildings owned
Qy
the United States, any State, or any local
government.
Director
means the Executive Director of the Office of Human
Rights
and
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includes the Executive Director's designee.
Employ
means
to
engage !! person to work for compensation.
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BILL
No. 46-15
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Minimum work week
means the minimum number of compensated hours
provided to
~
building maintenance worker
in
any work week.
~
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Work week
means
fixed regularly recurring period of 168 hours or
1
consecutive 24 hour periods.
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27-84.
Minimum work week; enforcement.
ill
Minimum work week.
The minimum work week for each employee
working as
~
building maintenance worker at
~
covered location for
~
covered employer must be at least 30 hours unless the employee is taking
covered leave.
(Q)
Complaints.
A building maintenance worker who is aggrieved
by
violation of this Article, may file
Section 27-7.
~
~
complaint with the Director under
W
Retaliation prohibited.
A person must not:
ill
retaliate against any person for:
(A)
(ill
lawfully opposing any violation ofthis Article; or
filing
~
complaint, testifying, assisting, or participating in
any manner in an investigation, proceeding, or hearing
under this Article; or
ill
Sec. 2.
obstruct or prevent enforcement or compliance with this Article ..
Effective date.
This Act takes effect on July 1,2018.
126
Approved:
127
George Leventhal, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 46-15
Human Rights and Civil Liberties
-
Building Maintenance Worker
-
Minimum Work Week
DESCRIPTION:
Bill
46-15 would require an employer to provide a minimum work week
of at least 30 hours for each employee working as a janitor, building
cleaner, security officer, concierge, doorperson, handyperson, or
building superintendent at an office building occupying at least 400,000
square feet in the County. The Bill would also apply to a County
government employee working as a building maintenance worker in an
office building of at least 400,000 square feet.
PROBLEM:
Employers of building maintenance workers often schedule a building
maintenance worker for less than 30 hours per week to avoid providing
health insurance under the Affordable Care Act.
Increase the availability of full-time work with health insurance for
these workers.
Office of Human Rights, County Attorney, Office of Procurement
To be requested.
To be requested.
To be requested.
To be researched.
Robert
H.
Drummer, Senior Legislative Attorney
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
To be researched.
Compensatory damages and attorney's fees.
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