Current Size: 100%
Workers Rights Task Force
Chair: Alecia Frisby and Louis Dorsey
Statewide Support Unit Advocate: Frank Natale
Workers Rights Forum Posts
Frederick News Post Opinion piece
This is an interesting opinion piece which references a 1991 PJC case against the Frederick PD.
http://www.fredericknewspost.com/sections/opinion/display_editorial.htm?StoryID=148537
PJC's Guide to Judgment Enforcement
PJC recently published a guide to collecting on judgments in Maryland. It is helpful not only after you have a judgment, but may also help you decide to litigate a case where you might have thought suing someone would result in a mere paper judgment. The guide focuses on judgments for unpaid wages and related damages, but is also useful for judgments in other cases.
The three fundamental components of this manual are: (1) pre- and post-judgment defendant investigation and asset research; (2) prejudgment tools to proactively prevent employers and other potential judgment debtors from hiding or selling off assets; and (3) judgment enforcement, including enforcement for unpaid wages.
Check it out here:
Alt-Labor
An article from The American Prospect about non-union labor organizing groups like the Restaurant Opportunities Center, the Coalition of Immokalee Workers and the United Workers: http://prospect.org/article/alt-labor
Workers Rights Task Force meetings
Date:
Wed, 02/06/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/EmploymentTaskForceGoToMeeting
Be sure to sign in to see the page.
Locations for 2013 meetings are:
Feb. 6 - Baltimore
April 4 - Metro
June 6 - Baltimore
Aug. 1 - Metro
Oct. 3 - Baltimore
Dec. 5 - Metro
For office addresses see: http://www.mdlab.org/About%20Us
Sponsor:
MD Legal Aid
Save the dates! 2013 PBTF Meetings
PUBLIC BENEFITS TASK FORCE
Meeting Dates for 2013
First Thursday of alternate months
9:30 am – 12:30 pm
2nd Floor conference room in Baltimore City office and GoToMeeting
Tuesday, January 8
March 7
May 2
Tuesday, July 9
September 5
November 7
Disaster Unemployment Assistance in Wake of Hurricane Sandy
Workers who lost their jobs as a result of Hurricane Sandy -- and who aren't eligible for regular state unemployment insurance, e.g., the self-employed -- may be eligible for Disaster Unemployment Assistance, a federal program that provides up to 26 weeks of jobless aid.
To qualify, individuals must have lost their jobs as a result of a major disaster in an area so declared by the president. To date, a number of counties in NY, NJ, and CT have been declared major disaster areas. Check out our fact sheet at http://unemployedworkers.org/sites/unemployedworkers/index.php/site/blog_entry/disaster_unemployment_assistance_how_workers_can_access_the_program_sandy for more info.
And be sure to visit NELP's Immigrant Worker Justice Blog at http://www.immigrantworkerjustice.org/blog to read about how the storm has impacted immigrant worker communities on the East Coast.
Continuation of medical coverage for divorced spouses
Here is my question:
We concluded a divorce hearing on July 6, 2012 in which client received an absolute divorce, rehabilitative alimony, child support and the court also ordered that the husband continue to provide medical insurance for Client and Child through his employer provided group insurance plan.
On Friday, August 1, 2012 , my client found out from Husband's employer, a large hospital, that the Husband allowed his insurance to lapse as of June 30, 2012, just before our divorce hearing. Husband, who is pro se, denies this and claims he he renewed the insurance. No notice was given to my client of the lapse.
To be brief, the employer reinstated the Child on the insurance policy, but refused to reinstate Client. The employer is claiming that she is no longer a beneficiary. I know that under MD Code Insurance § 15-408, allows for a divorced spouse to continue to be covered on the other party's health insurance.
What is there any way to compel the insurance company to reinstate her?
New Advisory Committees to Healthcare Exchange Board
Maryland Health Benefit Exchange
2012 Advisory Committees
The Maryland Health Benefit Exchange (the Exchange) recognizes the importance of having stakeholder engagement as it seeks to establish a new insurance marketplace for individuals and small businesses. As such, the Exchange Board of Trustees (the Board) will be establishing new Advisory Committees to enable stakeholders to provide input as the Exchange considers key policies and processes that will be required for the implementation of the Affordable Care Act.
The Board is accepting resumes for interested individuals to serve on the new Exchange Advisory Committees. The new committees under consideration are:1. Navigator Program Advisory Committee, 2. Continuity of Care Advisory Committee, 3. Plan Management Advisory Committee
Candidates should submit a current resume along with the “Advisory Committee Interest Form,” available at http://dhmh.maryland.gov/exchange/SitePages/Committees.aspx, by April 27th, 2012 for consideration. Resumes and interest forms should be sent via email to: Tequila Terry, Director, Plan & Partner Management, Maryland Health Benefit Exchange, E-mail: tterry@dhmh.state.md.us
In addition the Board would like to receive suggestions from the public on other committees or topics that should be considered during the implementation process. Please submit suggestions for additional Advisory Committee topics in the “Topic Suggestion” portion of the Advisory Committee Interest Form and email this to tterry@dhmh.state.md.us.
More details can be found at the following link: http://dhmh.maryland.gov/exchange/pdf/2012%20Advisory%20Committee%20Announcement%20v10%20FINAL_1.pdf
21st Annual Law Day for Seniors
Date:
Sat, 04/21/2012 - 8:00am - 2:00pm
The Bar Association of Baltimore City’s Legal Services to the Elderly Program is holding its 21st Annual Law Day for Seniors on Saturday, April 21, at the Edward F. Borgerding District Court Building, 5800 Wabash Avenue in Baltimore, from 8 a.m to 2 p.m.
The goal of Law Day 2012 is to educate seniors, their families, and caregivers about available community resources and legal issues affecting them. Maryland Legal Aid attorneys will attend, distribute information and answer questions. About 200 to 300 people attend each year. Parking is free.
Sponsor:
The Bar Association of Baltimore City’s Legal Services to the Elderly Program
Spanish webinar:Work and Life Changes Require Health Choices: Know Your Options and Your Rights
See below for registration info for a webinar en Español on February 29th, 2010 from 1pm-2:30pm
Additioanl link at the bottom for English speakers.
http://www.standupforhealthcare.org/blog/protect-yourself-and-your-family-know-your-job-based-insurance-rights
Protect Yourself and Your Family: Know Your Job-Based Insurance Rights
Making sure that you know your options and rights when it comes to job-based health coverage could save yourself and your family from restless nights and countless headaches. It is especially important to know how to protect yourself and your family when your life changes, like you get a new job, get married, have a baby, or even get laid off.
Families USA is excited to be partnering with the U.S. Department of Labor to reach out to the Latino community to provide an orientation, in Spanish, about our health care rights as workers with job-based health insurance. Join us for a Spanish language webcast to learn more about the rights you and your family have under federal health benefit laws, and what to do to protect them. The webcast will take place on Wednesday, February 29, 2012, at 1:00 p.m. EST. You can sign up here, and you can also follow some of the conversation on Twitter at #healthbenefits.
Work and Life Changes Require Health Choices:
Know Your Options and Your Rights
Date: February 29, 2012
Time: 1:00 p.m. - 2:30 p.m. EST
Registration: CLICK HERE
If you do not speak Spanish, but would like to learn more about your rights and options when it comes to job-based health care coverage, check out some U.S. Department of Labor resources here.
DOL seeking comments on proposed rule extending min wage and overtime protections under FLSA to home care workers
The Department of Labor is seeking comments on extending minimum wage and overtime protections under FLSA to home care workers. Currently in Maryland, home care workers do receive minimum wage and overtime protections, with the exception of certain workers employed by non-profit entities - see Md. Code Ann. Lab. And Empl. 3-415. Please see below for more information. If you are interested in helping us put together comments from a human rights perspective on this change, please join us to discuss it at the Workers Rights Task Force meeting on Feb. 2 at 10 am, and/or contact Jennifer Goldberg jgoldberg@mdlab.org and Elsa Clausen (eclausen@mdlab.org).
From the National Consumer Voice for Quality Long Term Care
Currently about 1.7 million home care workers are not eligible to receive minimum wage and overtime protections.
Why? Because they are not covered by regulations under the Fair Labor Standards Act (FLSA) which gives workers important wage protections.
Right now, the Fair Labor Standards Act regulations give minimum wage and overtime protections to domestic service employees - people who work in a private home. However, these protections do not apply to “companionship services” provided to an older adult or person with disabilities who can’t care for themselves. The intent of Congress when it passed the Fair Labor Standards Act was to exclude someone who was providing company to a consumer and watching out for their safety while doing so. However, the term “companionship” has been applied very broadly to include home health aides and personal care aides/attendants.
The Department of Labor has proposed a rule to extend minimum wage and overtime to home care workers.
Increasing wages for home care workers is an important step toward improving the quality of the job. Improving the quality of the job makes workers' lives better, increases job satisfaction, reduces stress and improves morale - which means better care for consumers.
What's in the proposed rule?
- Includes home health aides and personal care aides as domestic service employees.
- Applies FLSA protections to everyone except those who meet a new, very narrow definition of “companionship services.”
- New definition: a worker whose only responsibilities are to provide fellowship or protection and whose duties include no more than an “incidental” amount of other services.
- "Incidental services" include dressing, grooming, toileting, helping someone to eat, driving to appointments, washing clothes (and similar tasks) IF these services are done while the worker is providing fellowship or protection.
- These services can only be provided occasionally.
- These services can’t include household work that benefits others in the household.
- Worker can spend no more than 20% of total time worked in a week providing these services.
What would the rule do?
- For the first time any worker employed by an agency would get minimum wage and overtime protections, and pay for travel time between clients. The majority of home care workers and personal care aides/attendants work for agencies.
- Workers whose responsibilities are to assist consumers with tasks such as bathing, dressing, going to the bathroom, eating and getting around, and other tasks like light housekeeping, laundry, preparing meals, chores and running errands would not be companions.
- Consumers who hire their own worker under a Medicaid funded program or who pay out of their own pockets would pay minimum wage and overtime unless the worker meets the new, narrow definition of companion.
What are the positive impacts of the proposed rule?
- Increasing wages for home care workers is an important step toward improving the quality of the job. Improving the quality of the job makes workers' lives better, increases job satisfaction, reduces stress and improves morale - which mean better care for consumers.
- Would help retain workers and reduce the turnover rate.
- Could attract more people to the job – making more workers available to provide the hours of care that consumers need.
- Could make it easier for agencies and consumers to find workers to hire.
- Would help to attract more workers and more qualified workers.
The Consumer Voice supports this rule. However, we have identified some areas that are unclear or that might be of concern to some consumers --
Incidental services:
- If a worker employed by a consumer goes over the 20% limit one week, but not the next, does the consumer have to keep changing the amount s/he is paying the worker?
- How occasional is “occasional?” For example: A worker keeps Mrs. Jones company three times a week in the afternoon. During that time, she helps Mrs. Jones take a walk and assists Mrs. Jones in putting on and taking off her coat every time. Is this considered to be occasional dressing?
- Incidental services cannot benefit others in the household. For example, a worker makes a meal for Mr. Roberts while providing fellowship and protection and cleans up the kitchen afterwards. Since cleaning up the kitchen would benefit others living in the house, does this mean the worker would not be entitled to FLSA protection
Record-keeping
- How do consumers who hire their own worker know how much time the worker is spending on “incidental services” in a week? How do they track this?
- If a live-in worker is employed by the consumer, the burden is on the consumer as employer to make and maintain accurate records.
- What if an adult daughter hires a worker to live with her Mom who has dementia or to sit with her Mom four times a week. The daughter lives in another town. How does the daughter know what hours are actually worked or how much time the worker is spending on “incidental services?"
Cost:
- Some consumers may have to pay more for care if they are not currently paying their workers minimum wage. However, the minimum wage is already required in 21 states so many consumers are already paying at this rate.
- Consumers who hire a worker for more than 40 hours would have to pay overtime. This is a very small percentage of consumers. Consumers who don’t want to pay overtime can find another worker and split up the hours.
- The impact on the LTSS system is unknown. However, we know that 21 states currently pay minimum wage and 15 states pay minimum wage/overtime. These states have not seen an increase of people being forced into nursing homes because the cost of home care became too expensive.
Deparment of Labor Notice of Proposed Rulemaking to Amend the Companionship and Live-In Worker Regulations
National Employment Law Project Fact Sheet re: Proposed Companionship Regulations
PHI publication, "Value the Care! Minimum wage and overtime for home care aides"
- Volume 1
- Volume 2
- Volume 3
Free Tax Return Preparation for You by Volunteers
The IRS Volunteer Income Tax Assistance (VITA) and the Tax Counseling for the Elderly (TCE) Programs offer free tax help for taxpayers who qualify.
VITA
The VITA Program offers free tax help to people who generally make $50,000 or less and need assistance in preparing their own tax returns. IRS-certified volunteers provide free basic income tax return preparation to qualified individuals in local communities. They can inform taxpayers about special tax credits for which they may qualify such as Earned Income Tax Credit, Child Tax Credit, and Credit for the Elderly or the Disabled. VITA sites are generally located at community and neighborhood centers, libraries, schools, shopping malls, and other convenient locations. Most locations also offer free electronic filing.
Find a VITA site near you or call 1-800-906-9887.
TCE
The TCE Program offers free tax help for all with priority assistance to people who are 60 years of age and older, specializing in questions about pensions and retirement issues unique to seniors. IRS-certified volunteers who provide tax counseling are often retired individuals associated with non-profit organizations that receive grants from the IRS.
Find an AARP Tax-Aide, site near you or call 1-888-227-7669 for more information on TCE
Facilitated Self-Assistance
In addition to traditional face-to-face tax preparation, the IRS is launching a self-assistance service at select locations. If individuals have a simple tax return and need a little help or do not have access to a computer, they can visit one of the participating tax preparation sites and an IRS-certified volunteer will guide them through the process.
Find a Facilitated Self-Assistance site near you
Items you need to bring to the VITA/TCE sites to have your tax returns prepared:
- Proof of identification – Picture ID
- Social Security Cards for you, your spouse and dependents or a Social Security Number verification letter issued by the Social Security Administration or
- Individual Taxpayer Identification Number (ITIN) assignment letter for you, your spouse and dependents
- Proof of foreign status, if applying for an ITIN
- Birth dates for you, your spouse and dependents on the tax return
- Wage and earning statement(s) Form W-2, W-2G, 1099-R, 1099-Misc from all employers
- Interest and dividend statements from banks (Forms 1099)
- A copy of last year’s federal and state returns if available
- Proof of bank account routing numbers and account numbers for Direct Deposit, such as a blank check
- Total paid for daycare provider and the daycare provider's tax identifying number (the provider's Social Security Number or the provider's business Employer Identification Number) if appropriate
- To file taxes electronically on a married-filing-joint tax return, both spouses must be present to sign the required forms.
It is extremely important that each person use the correct Social Security Number. The most accurate information is usually located on your original Social Security card. If you do not have an SSN for you or a dependent, you should complete Form SS-5, Social Security Number Application. This form should be submitted to the nearest Social Security Administration Office.
If you or your dependent is not eligible to get a Social Security Number, you may need an Individual Taxpayer Identification Number (ITIN).
The text above comes from the IRS at: http://www.irs.gov/individuals/article/0,,id=107626,00.html
Guardianship Handbook
What do you do if your grandfather, who lives alone and can no longer cook for himself, won't leave his home for a nursing home or assisted living facility?
What do you do if your aunt can no longer manage her finances but seems capable of caring for herself in her small apartment?
These questions and others are answered in the new edition of the Guardianship Handbook . . .
The Law & Health Care Program at the University of Maryland Francis King Carey School of Law (UM Carey Law) and the Delivery of Legal Services Section Council of the Maryland State Bar Association (MSBA) have published a guide to help both laypeople and attorneys navigate adult guardianship in Maryland. “Guardianship and Its Alternatives: A Handbook on Maryland Law” was originally written by UM Carey Law Professor Joan O'Sullivan, a champion for the legal rights of the elderly, who passed away in 2007. The 2011 Edition was revised and updated by Virginia Rowthorn, JD, Managing Director of the Law & Health Care Program, and Ellen Callegary, JD, a prominent elder law and disability lawyer in Maryland.
The impetus for the updated Handbook was various changes in guardianship law over the last two decades and a realization by elder law and disability lawyers on the Delivery of Legal Services Section Council that there is a great need for practical, easy-to-read advice regarding guardianship for elderly and disabled Maryland residents. The Handbook also sets forth a comprehensive list of alternatives to the formal guardianship process, a time-consuming and sweeping process that may not always be necessary to address a number of problems associated with lack of decision-making capacity.
The book is available as an online guide you can page through at: http://issuu.com/umcareylaw/docs/law_handbook?mode=window&backgroundColor=%23222222
Guardianship Handbook Now Available
Revised and Updated Guardianship Handbook Now Available
What do you do if your grandfather, who lives alone and can no longer cook for himself, won't leave his home for a nursing home or assisted living facility?
What do you do if your aunt can no longer manage her finances but seems capable of caring for herself in her small apartment?
These questions and others are answered in the new edition of the Guardianship Handbook . . .
The Law & Health Care Program at the University of Maryland Francis King Carey School of Law (UM Carey Law) and the Delivery of Legal Services Section Council of the Maryland State Bar Association (MSBA) have published a guide to help both laypeople and attorneys navigate adult guardianship in Maryland. “Guardianship and Its Alternatives: A Handbook on Maryland Law” was originally written by UM Carey Law Professor Joan O'Sullivan, a champion for the legal rights of the elderly, who passed away in 2007. The 2011 Edition was revised and updated by Virginia Rowthorn, JD, Managing Director of the Law & Health Care Program, and Ellen Callegary, JD, a prominent elder law and disability lawyer in Maryland.
Callegary, a 1978 graduate of UM Carey Law and a member of the Alumni Board, is a founding partner of the Baltimore law firm of Callegary & Steedman, P.A and has a long history of involvement in disability and elderly issues. During her ten years as an Assistant Attorney General for the State of Maryland, she worked directly with two Attorneys General advising state agencies on matters related to the rights of persons with disabilities and serving as principal counsel for the Department of Juvenile Services. She also serves as an Adjunct Professor of Law at UM Carey Law, where she most recently taught the Civil Right of Persons with Disabilities Seminar. Rowthorn, who has worked for DLA Piper and the Office of General Counsel at the U.S. Department of Health and Human Services, and served as a Legislative Assistant on the US Senate Veterans Affairs Committee, teaches the Health Law Workshop and directs the Health Law Externship Program.
The impetus for the updated Handbook was various changes in guardianship law over the last two decades and a realization by elder law and disability lawyers on the Delivery of Legal Services Section Council that there is a great need for practical, easy-to-read advice regarding guardianship for elderly and disabled Maryland residents. Suzanne Sangree, Chief Solicitor at the Baltimore City Department of Law, and Past Chair of the Delivery of Legal Services Section Council and Yoanna Moisides, Assistant Director of Advocacy for Training and Pro Bono at Maryland Legal Aid, and Current Chair of the Section Council also wanted a Handbook that set forth a comprehensive list of alternatives to the formal guardianship process, a time-consuming and sweeping process that may not always be necessary to address a number of problems associated with lack of decision-making capacity.
Supported by funds from the Law & Health Care Program, the Rueben Shiling Mental Health Law Fund, the Dr. Richard H. Heller Fund, and the Maryland Bar Foundation, the Handbook will be made available free of charge to attorneys and laypeople throughout the state. All or portions of the Handbook can be duplicated and distributed without charge with proper attribution to the UM Carey Law’s Law & Health Care Program and the Maryland State Bar Association.
Workers Rights Task Force meetings
Date:
Thu, 02/02/2012 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/EmploymentTaskForceGoToMeeting
Be sure to sign in to see the page.
Feb. 2nd – Metro
April 5th – Baltimore
June 7th – Metro
Aug. 2nd – Baltimore
Oct. 4th – Metro
Dec. 6th - Baltimore
Sponsor:
Maryland Legal Aid
NELP Unemployment Insurance: Keeping the Promise - Today and Tomorrow
Date:
Mon, 12/05/2011 (All day)
The Great Recession officially ended more than two years ago, but families continue to struggle to regain their economic footing in an economy with minimal job growth. Meanwhile, policy makers are facing structural challenges and tough choices in nearly every aspect of the unemployment insurance (UI) program.
Poor state UI financing has combined with record long-term unemployment to create the perfect storm for the UI system nationally. More than half of all state trust funds are insolvent, having built up close to $40 billion in federal debt. During the last state solvency crisis, the UI program was decimated with recipiency falling by nearly half. Once again state legislatures have reacted by chipping away at the New Deal promise to provide workers who are involuntarily unemployed with a fair level of partial wage replacement. In the first six months of 2011, ten states have enacted major UI benefit cuts, slashing the number of benefit weeks and benefit amounts, while erecting new obstacles to eligibility.
At this critical moment, states and UI advocates are at an important crossroads. We invite you to take part in a gathering of leading policy makers, advocates, and researchers, which will help chart an agenda for keeping the promise of the UI program. The conference will include a roundtable of state UI Administrators discussing major issues facing the program, as well as a panel of key Congressional staff addressing federal legislation affecting the unemployed.
In addition, workshops will cover such key issues as:
• Defending state UI programs from legislative efforts to cut benefits
• The Administration’s “Improper Payment Initiative” and its potential impact on UI state laws and unemployed workers
• Telling workers’ stories: Using social media to mobilize state UI campaigns
• Reemployment strategies for the long-term unemployed
• Services and supports for unemployed workers who exhaust benefits
• State and federal approaches to restoring and maintaining solvency
• How advocates can use data and research effectively to make the case for a strong UI program
In addition, NELP will host a Monday evening social event (details to be announced) at which a special award will be given to a UI advocate in honor of the late Jerry Hildebrand, former Chief of the USDOL UI Legislative Division and long-time champion of the UI system.
The conference will be a great opportunity for state worker advocates to hear about UI developments and trends around the country, and to network with counterparts. The conference will start at 1pm on Monday, December 5th and run all day Tuesday December 6th.
Registration Information
There is no fee to attend. If you are able to attend, Click to Respond.
Please Note: A limited number of travel and hotel stipends will be available for non-profit groups (one per organization) and speakers. Please register to get more details on the stipend for hotel and travel.
Conference Location
Public Welfare Foundation
True Reformer Building
1200 U Street, NW
Washington, DC 20009
www.publicwelfare.org
Housing Information
A block of rooms has been reserved for conference participants at:
L’Enfant Plaza
480 L’Enfant Plaza, SW
Washington, DC 20024
$169 - Single or Double
The conference venue and the hotel are both adjacent to a Metro Sation on the Green/Yellow line.
*Contact the NELP Conference Management Team if you need a room at nelpconference@theeventpros.net or 770-760-9998.
Sponsor:
NELP
Feedback
We welcome your comments and suggestions