(a) Legislative findings.
(1) Domestic workers are entitled to legal protections under State employment laws including, but not limited to:
(B) payment for all hours worked;
(C) payment of wages in United States dollars twice per month;
(D) overtime pay of 1.5 times the regular wage rate for hours worked in excess of 40 hours per week; and
(E) worker’s compensation.
(2) The County 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:
(A) domestic workers in the County have limited access to information concerning the legal protections available to them;
(B) many domestic workers in the County are paid less than the minimum wage;
(C) many domestic workers in the County do not receive overtime pay for work in excess of 40 hours per week;
(D) few domestic workers in the County have written employment contracts setting forth the terms and conditions of their employment;
(E) domestic workers in the County who live in their employer’s residence are generally paid less and work longer hours than domestic workers who do not live at their employer’s residence; and
(F) domestic workers in the County are often isolated and unable to experience the peer to peer networking that is necessary for organized labor movements.
(3) The Council finds that legislation is needed to ensure that domestic workers in the County receive the legal protections they are entitled to under State law, as well as the right to a written employment contract governing the terms and conditions of employment.
(b) Definitions. In this Section, the following words have the meaning indicated:
Au pair means an individual who performs childcare services pursuant to the program administered by the State Department of the United States in a private home of the person by whom she is employed.
Disclosure statement means a document confirming that:
(1) an employer presented a written employment contract signed by the employer to a domestic worker after offering to negotiate the terms and conditions of employment; and
(2) the worker voluntarily chose not to sign the contract.
Domestic service means, when primarily performed in a home of a recipient of the service located in the County:
(2) serving as a companion to a sick, convalescing, disabled, or elderly individual;
Domestic worker means an individual who performs domestic service for wages in the County. Domestic worker does not include:
(1) a registered nurse, licensed practical nurse, or certified nursing assistant who is licensed or certified by the Maryland Board of Nursing;
(2) a child, parent, spouse, or other member of the immediate family of the employer;
(4) an individual who primarily serves as a companion to a disabled or elderly individual who is unable to care for himself or herself, and who is not employed by an agency.
Elderly means an individual who is 67 years old or older.
Employment contract means a written agreement signed by a domestic worker and an employer which governs the terms and conditions of employment.
Employer means a person who hires a domestic worker to perform at least 20 hours of work each week during any period that is 30 days or longer. An employer may include an agency that hires a domestic worker to perform domestic service in the home of the recipient of the service.
Hours of work means the time during any 7-day period that a domestic worker is on duty.
Paid time off means time for which a domestic worker receives wages without working, including any holiday, vacation, or sick leave.
Unpaid time off means time during the normal hours of work when the domestic worker may be absent without receiving wages.
Wages means any compensation which a domestic worker receives, including any bonus, commission, fringe benefit, or other payment.
(c) Employment Contract. In order to employ a domestic worker, the employer 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. Each employer must present a proposed written employment contract to a domestic worker and offer to negotiate the terms and conditions of employment. Once a final contract is agreed upon, the employer must sign and give the domestic worker a copy. If the domestic worker is employer by an agency, the employment contract must be between the agency and the employee. Each written employment contract must specify the following terms and conditions of employment:
(1) days and hours of work;
(5) frequency of payment of wages;
(6) deductions from wages;
(7) eligibility for and calculation of overtime wages;
(9) right of the employer, if any, to require the domestic worker to perform duties that are not specified in the contract;
(10) living accommodations provided by the employer, if any, including deductions for rent;
(11) meals provided by the employer, if any, including deductions for meals;
(12) time allowed for breaks and meals during work hours;
(13) required notice, if any, before the employer or domestic worker terminates the contract;
(14) severance wages, if any, if the employer terminates the contract before the end of the contract period;
(16) reimbursement for work-related expenses; and
(17) notice of employment rights under State law.
(d) Living accommodation. Any dwelling unit that includes living accommodations for a domestic worker must meet all minimum standards for a dwelling unit in Chapter 26 and the worker must have: (1) a private room for sleeping with a door that can be locked;
(2) reasonable access to a kitchen;
(3) reasonable access to a bathroom;
(4) reasonable access to laundry facilities.
(e) Model Contract. The Director, after consulting with the Commission for Women, must draft and make available a model employment contract and a model disclosure statement which an employer may use to comply with this Section. The model contract and the model disclosure statement must be published in English, French, and Spanish.
(f) Retaliation. An employer must not retaliate against a domestic worker who:
(1) requests a written contract required under this Section;
(2) seeks to enforce the terms of a written employment contract; or
(3) files a complaint or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing to enforce this Section.
(g) Complaint. If an employer does not comply with this Section, a domestic worker may file a complaint under Section 11-6. (, § 1.) 
