Montgomery County may become the first in the nation to require those who employ workers in their homes to provide a written contract and offer to negotiate the terms and conditions of the job. A bill sponsored by Councilmen Marc Elrich and George Leventhal would cover those who care for children, the sick and the elderly, or perform housekeeping, cleaning, laundry services.
Both council members said they weren’t concerned that requiring written contracts would affect job options for undocumented workers.
“What are you really saying if it’s ‘I don’t want it in writing, I don’t want an agreement,’?” Leventhal said. “Who would we be protecting then?”
A 2006 study done by the council’s Health and Human Services Committee found that though domestic workers are already entitled to overtime for people working more than 40 hours a week, many are unaware of their rights under state law.
The report said that 75 percent of domestic workers who live with their employer and 87 percent of those who live outside the employer’s home do not receive overtime compensation.
“I realistically think there are a lot of people doing work in the county who don’t have sick leave, paid vacation and aren’t guaranteed a living wage,” Elrich said, adding that he’d met with about 40 or 50 domestic workers prior to drafting the bill. “I just couldn’t see how you could give one group a guarantee and not everybody.”
Under the legislation, employers would be prohibited from retaliating against a domestic worker who requests a written contract, attempts to enforce a contract or files a complaint against their employer. The county’s Office of Consumer Protection would investigate complaints and refer a complaint or violation to a hearing officer for enforcement.
Which workers?
A new bill in Montgomery County would require live-in workers to have written contracts. Who’s covered?
» Employees who work at least 20 hours a week, each week, during a 30-day period.
