Work Agreement between families and nannies
Nannying Nannies in Montgomery County (Maryland)
by Marc Fisher on Washingtonpost.com
Montgomery County, which takes pride in being on the cutting edge of government regulation, yesterday became probably the first jurisdiction in the land to require residents who hire nannies to do so via a written contract.
The move by the government that brought you bans on trans-fats, smoking and any sales of liquor except by the county's own stores has the usual do-gooder genesis, a reflection of the fact that many domestic workers are taken advantage of by employers. After all, since many nannies are illegal immigrants, it's easy for employers to set onerous working conditions and get away with substandard treatment of their workers.
The passage of this bill--which requires residents to provide live-in help with a separate room for sleeping and "reasonable access" to a bathroom, kitchen and laundry room--is a tribute to the nannies who banded together to seek help from their government. But while it's true that many nannies are poorly paid, get little or nothing in the way of health coverage, and are required to work hours that wouldn't be allowed if they were covered by federal labor law (they are not), it's also true that conditions for domestic workers in Montgomery County are considerably better than in many other places.
Despite the unanimous vote in support of the nanny bill in the County Council, this has all the markings of a classic MoCo decision to make law as a political statement rather than as a remedy to a burning social need. The study commissioned by the county to look into the plight of domestic workers actually found that a remarkable 87 percent of county nannies ranked their employer in the top half of the ratings scale offered by the George Washington University investigators who conducted the survey. Only 38 percent said they had health insurance, and 75 percent of live-in workers said they did not receive overtime pay. But the fact is that in the world of nannies, Montgomery County is an unusually good workplace. Indeed, IRS figures show that MoCo has the highest compliance rate with the federal nanny tax of any jurisdiction in the nation. (This is perhaps the result of the secret wish or expectation harbored by all those lawyers who live in MoCo that they might someday miraculously be nominated to the Supreme Court, at which point their failure to have paid their nanny tax would be the most ignominious exit from possible glory.)
Earlier in the debate on this bill, the council was more divided. Council member Duchy Trachtenberg faced off against one of the nanny bill's sponsors, George Leventhal, on WAMU's Kojo Nnamdi Show, with Trachtenberg arguing that the nanny bill was well-intentioned but useless because it would actually "dissuade people from employing people who don't have legal status" and would "jeopardize workers by bringing up their immigration status."
The bill as passed doesn't mention immigration status and MoCo lawmakers want to stay far away from the illegal immigration debate. But Trachtenberg, who later came to support the measure, was right to have raised the concern: If the county wants to be supportive of illegal immigrants, or at least doesn't want to join Prince William County in overtly fighting against their presence, then requiring residents to put into writing their relationship with illegal domestic workers is hardly a way to encourage a don't ask-don't tell approach.
More important, this latest expression of MoCo's nanny reflex is another case of overreach. Domestic workers were excluded from federal labor law for a reason; there ought to be in any society some less formal work relationships that enable newcomers and other strivers to shape their lives in ways that standard rules of employment might not allow. So whether that means working odd hours or taking your own children along with you to work or arranging to live in a community you could otherwise never afford, there are benefits to domestic work that some people choose to embrace. Obviously, those arrangements ought not give employers permission to abuse workers in any way, but the natural remedy to those unfortunate situations is to quit and find other work. Both federal and state laws spell out a variety of rules governing domestic workers; indeed, Maryland law offers nannies the protections of the minimum wage and workers compensation.
Everyone knows there are domestic workers who are abused and who cannot come close to minimum wage, but that is an enforcement issue. I've never employed any domestic worker nor do I generally believe in the idea, but passing new laws that make it harder to hire domestic workers is not a symbolic statement of MoCo's righteousness. It is, rather, yet another example of Montgomery County acting as a world unto itself--its nanny bill is no more likely to be enforced than those state laws that seek to protect domestic workers, and the MoCo bill only adds a level of fear and discouragement to a relationship that has endured for centuries, in many cases without abuse.
My Response Posted at Washingtonpost.com
As Vice-President of Nanny Poppinz Corporate, Inc,. a nationwide nanny referral service that takes care of both families and nannies with extraordinary customer service, I applaud this action. Nanny Poppinz recommends work agreements and feel they benefit both parties equally by setting out expectations, pay, vacation, days off, schedule, job duties, overtime payment agreements, etc. Families benefit by having their job position clearly defined and boundaries kept. They also benefit by having a happy nanny and at Nanny Poppinz we believe that a happy nanny makes for a happy family. The family will be less likely to have a high turnover of child care providers in their children's lives and this is a benefit becaus children get attached quickly. Nannies benefit by being compensated for extra hours or work. We have many nannie that do not mind helping the families with "extra" work or time as long as they are compensated. At Nanny Poppinz, we feel so strongly that having a work agreement is such a good practice that we have a clause in our contract with the parents that if a work agreement is not done between the family and the nanny and sent back to us within three days of hiring a nanny that the contract between the family and our agency is null and void.
by Marc Fisher on Washingtonpost.com
Montgomery County, which takes pride in being on the cutting edge of government regulation, yesterday became probably the first jurisdiction in the land to require residents who hire nannies to do so via a written contract.
The move by the government that brought you bans on trans-fats, smoking and any sales of liquor except by the county's own stores has the usual do-gooder genesis, a reflection of the fact that many domestic workers are taken advantage of by employers. After all, since many nannies are illegal immigrants, it's easy for employers to set onerous working conditions and get away with substandard treatment of their workers.
The passage of this bill--which requires residents to provide live-in help with a separate room for sleeping and "reasonable access" to a bathroom, kitchen and laundry room--is a tribute to the nannies who banded together to seek help from their government. But while it's true that many nannies are poorly paid, get little or nothing in the way of health coverage, and are required to work hours that wouldn't be allowed if they were covered by federal labor law (they are not), it's also true that conditions for domestic workers in Montgomery County are considerably better than in many other places.
Despite the unanimous vote in support of the nanny bill in the County Council, this has all the markings of a classic MoCo decision to make law as a political statement rather than as a remedy to a burning social need. The study commissioned by the county to look into the plight of domestic workers actually found that a remarkable 87 percent of county nannies ranked their employer in the top half of the ratings scale offered by the George Washington University investigators who conducted the survey. Only 38 percent said they had health insurance, and 75 percent of live-in workers said they did not receive overtime pay. But the fact is that in the world of nannies, Montgomery County is an unusually good workplace. Indeed, IRS figures show that MoCo has the highest compliance rate with the federal nanny tax of any jurisdiction in the nation. (This is perhaps the result of the secret wish or expectation harbored by all those lawyers who live in MoCo that they might someday miraculously be nominated to the Supreme Court, at which point their failure to have paid their nanny tax would be the most ignominious exit from possible glory.)
Earlier in the debate on this bill, the council was more divided. Council member Duchy Trachtenberg faced off against one of the nanny bill's sponsors, George Leventhal, on WAMU's Kojo Nnamdi Show, with Trachtenberg arguing that the nanny bill was well-intentioned but useless because it would actually "dissuade people from employing people who don't have legal status" and would "jeopardize workers by bringing up their immigration status."
The bill as passed doesn't mention immigration status and MoCo lawmakers want to stay far away from the illegal immigration debate. But Trachtenberg, who later came to support the measure, was right to have raised the concern: If the county wants to be supportive of illegal immigrants, or at least doesn't want to join Prince William County in overtly fighting against their presence, then requiring residents to put into writing their relationship with illegal domestic workers is hardly a way to encourage a don't ask-don't tell approach.
More important, this latest expression of MoCo's nanny reflex is another case of overreach. Domestic workers were excluded from federal labor law for a reason; there ought to be in any society some less formal work relationships that enable newcomers and other strivers to shape their lives in ways that standard rules of employment might not allow. So whether that means working odd hours or taking your own children along with you to work or arranging to live in a community you could otherwise never afford, there are benefits to domestic work that some people choose to embrace. Obviously, those arrangements ought not give employers permission to abuse workers in any way, but the natural remedy to those unfortunate situations is to quit and find other work. Both federal and state laws spell out a variety of rules governing domestic workers; indeed, Maryland law offers nannies the protections of the minimum wage and workers compensation.
Everyone knows there are domestic workers who are abused and who cannot come close to minimum wage, but that is an enforcement issue. I've never employed any domestic worker nor do I generally believe in the idea, but passing new laws that make it harder to hire domestic workers is not a symbolic statement of MoCo's righteousness. It is, rather, yet another example of Montgomery County acting as a world unto itself--its nanny bill is no more likely to be enforced than those state laws that seek to protect domestic workers, and the MoCo bill only adds a level of fear and discouragement to a relationship that has endured for centuries, in many cases without abuse.
My Response Posted at Washingtonpost.com
As Vice-President of Nanny Poppinz Corporate, Inc,. a nationwide nanny referral service that takes care of both families and nannies with extraordinary customer service, I applaud this action. Nanny Poppinz recommends work agreements and feel they benefit both parties equally by setting out expectations, pay, vacation, days off, schedule, job duties, overtime payment agreements, etc. Families benefit by having their job position clearly defined and boundaries kept. They also benefit by having a happy nanny and at Nanny Poppinz we believe that a happy nanny makes for a happy family. The family will be less likely to have a high turnover of child care providers in their children's lives and this is a benefit becaus children get attached quickly. Nannies benefit by being compensated for extra hours or work. We have many nannie that do not mind helping the families with "extra" work or time as long as they are compensated. At Nanny Poppinz, we feel so strongly that having a work agreement is such a good practice that we have a clause in our contract with the parents that if a work agreement is not done between the family and the nanny and sent back to us within three days of hiring a nanny that the contract between the family and our agency is null and void.
















