Domestic Workers Bill Passes in Montgomery County, Maryland

[TheWatchdog]

CASA gets Montgomery County to pass a “Nanny” bill. Welcome to Maryland the new Nanny State. Used to be the “Free State” but that is long gone.
CASA De Maryland
Montgomery County residents who employ nannies, housekeepers or cooks for at least 20 hours a week would be required to offer workers a written contract [...]<script type="text/javascript">SHARETHIS.addEntry({ title: "Domestic Workers Bill Passes in Montgomery County, Maryland", url: "http://www.immigrationwatchdog.com/?p=6957" });</script>

More... (http://www.immigrationwatchdog.com/?p=6957)

[BorderHawk]

A contract employee is a step above a casual employee and offers protections. A DHS I-9 form, is more applicable to a contractual relationship, but is NOT required for casual employment, of domestic workers (maids, nannies, au pairs).

See:

DHS/USCIS PUB M-274 (Rev. 11/01/2007) N

Handbook for Employers Instructions for Completing the Form I-9

(Employment Eligibility Verification Form)

Page 5

Part Two


When You Must Complete the Form I-9

You must complete the Form I-9 every time you hire any
person to perform labor or services in return for wages or
other remuneration. This requirement applies to everyone
hired after November 6, 1986.
Ensure that the employee fully completes Section 1 of the
Form I-9 at the time of the hire - when the employee begins
work. Review the employee’s document(s) and fully complete
Section 2 of the Form I-9 within 3 business days of the hire.
If you hire a person for less than 3 business days, Sections 1
and 2 of the Form I-9 must be fully completed at the time of
the hire – when the employee begins work.

You DO NOT need to complete a Form I-9 for persons who
are:

1. Hired before November 7, 1986, who are continuing in
their employment and have a reasonable expectation of
employment at all times;

2. Employed for casual domestic work in a private home on
a sporadic, irregular, or intermittent basis;

3. Independent contractors; or

4. Providing labor to you who are employed by a contractor
providing contract services (e.g., employee leasing or
temporary agencies).


NOTE: You cannot contract for the labor of an alien if you
know the alien is not authorized to work in the United States.


CATCH-22
Of course any parent who hires anyone to care for a child or elderly person, would be wise to thoroughly check the person's employment references, eligibility, background, criminal record (photo, fingerprints, DNA), before employing them in the home, in order to prevent harm, or prosecution.

So, although the law may say you DO NOT have to complete a DHS I-9 form, it may be prudent, that you exceed the requirement.

Risk all that you can afford to lose.

Hawk