Private Service Professionals and Principals should consider Maryland labor laws around labor agreements and contractor services. Precise Home Management has compiled a list of pertinent questions and asked a Maryland attorney for his take on the issue. As these topics do not relate to a specific case, “The views expressed herein are solely mine (Harrison Greene) and not intended to be legal advice.”

Harassment

Previously, the Maryland legislature followed the federal government’s lead regarding harassment. However, they have taken steps to put more responsibility on the employer. Greene adds, “Now, the conduct need not be severe or pervasive if it falls into one of the three categories below:

·   Submission to the conduct is made a term or condition of an individual’s employment, whether explicitly or implicitly;

·   Submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or

·   Based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive or hostile.”

Principals and Private Service Professionals can find this new law at Ann. Code Md, State Gov’t § 20-601(k)

Accommodations

Other new features include accommodations for employees and applicants with disabilities. Writes Greene, “… a new law requires potential employers to accommodate not just an employee’s disability, but now an applicant’s as per Ann. Code Md, State Gov’t § 20-603.”

What’s Your Legal Relationship?

According to Greene, “The biggest issue I see for many corporate clients (which will affect those in the service industry) is classifying an employee or subcontractor. It can be advantageous to classify someone as a subcontractor as the requirements for benefits, withholdings, etc., do not generally apply. The law, however, will look into each factual scenario to determine what the legal relationship actually is. Those factors include but are not listed to as follows:

1. The extent to which the services rendered are an integral part of the principal’s business.

2. the permanency of the relationship

3. The amount of the alleged contractor’s investment in facilities

4. The nature and degree of control by the principal

5. The alleged contractor’s opportunities for profit and loss

6. The degree of independent business organization and operation

7. The amount of judgment in open market competition with others required for the success of claimed independent contractor.

It should be noted that these factors will be weighed in court even if a contractual agreement labels a person as an independent contractor. Thus, it is very important, considering the penalties for mistakes, to analyze each situation and work with a company like PHM and private counsel to decide which way to proceed.”

Written Agreements

Greene continues, “Lawyers are often the target of jokes, and many times, people would rather visit their dentist than an attorney. An attorney’s skill and medium are essentially words. I cannot stress enough that every person who enters into a contractual agreement should first, READ it very carefully in its ENTIRETY. Take your time. If someone is rushing your signature on any document, get up and walk away because there is likely something wrong. Second, DO NOT BE afraid to ask questions. If you do not understand something or there is a part of the agreement not included in the contract, ask to have it included. If it is not, ask why. LASTLY, hire an attorney. Oftentimes, the cost to have an attorney review a contract is nothing compared to potential litigation costs. An attorney can advise sometimes what the reality of the document is, default provisions, and explain them more thoroughly, particularly as it relates to penalties. I strongly believe in plain language. I think you should say what you mean and mean what you say. For an employer, describes as best you can the duties and expectations. Do not say occasional Saturdays if you really mean every. For employees, if you are not able to do something, be upfront.”

Contractual Provisions

Additionally, Harrison highlights, “For PHM principals, I think they should be aware of their contract’s confidentiality provision. Service workers are exposed to a lot of very personal matters and that needs to be protected. For employees, I think any provision restricting work (non-compete) is important to consider and evaluate.”

Although it may seem there are enough hurdles to overcome landing your dream position, an ounce of prevention is worth a pound of cure. So don’t feel reading a contract thoroughly is in poor taste, and if you need additional help, ask for it. Smoothing out the details at a relationship’s beginning can mean smooth sailing for Private Service Professionals and Principals alike.

With the Internet entering late middle age, it’s doing better than some. However, like many experiencing middle age, certain habits that were frowned upon have now become concerns. Like going for those middle-aged checkups that doctors order, the Internet has plenty of deadly issues lurking just below the surface. Cybercrime is at an all-time high, with every browser and security update spawning a new generation of cyber criminals better equipped than their predecessors. If any of your passwords contain even a fragment of personal information from birthdays to first pet names, you may be worse off than you know.

High Net Worth Targets

Managing cybersecurity can be especially challenging in private service, handling technology for a high net worth individual and their household. Texting and emailing vendors, opening and working with countless accounts to keep the household running, and traveling with the family is only a fraction of the possible entry points for hackers. Cybercriminals are looking to steal directly and sell the keys to unlocking your Principal’s financial information.

Harder Than it Looks

In the good old days, you could have the same password for multiple accounts, write them down, and keep them on your desk. Now even bastions of cyber security are becoming victims, including password encryption services, crypto exchanges, and banking institutions. Worst, the attacks are constant, 24/7. No one is expected to make such a heroic effort, but in private service, it can be difficult to discuss who you turn to for help with cybersecurity.

Cyber Team Six Cybercrime Prevention

CT6 can help. With multiple cybercrime experts and capabilities, they can quickly determine your level of vulnerability and start making corrections. In the event of a breach, they can work hard to minimize the damage and prevent an attack. Best of all, they have a holistic approach that focuses on personal technology and adopting a cybercrime prevention mindset the entire household can benefit from. Other HNWs trust them with their cyber security, and so should you.

Thieves, Miscreants and State Actors

If you manage multiple accounts for your Principal, it pays to know who you are up against. Today you are facing threats that range from the digital equivalent of the stick-up man to foreign state actors or their proxies. The goal of such breaches could be direct theft, blackmail, or leveraging any information vulnerability for various nefarious causes. Worst of all, without cybersecurity firm protection, whoever in the household handles the accounts are often blamed and punished for such breaches. Therefore, you must ask yourself, how extensive was your cybersecurity training when you learned to manage a household?

Due Diligence

Protecting your Principal from avoidable harm is the number one rule. So why not spend your due diligence researching and contacting Precise Home Management? When thinking about cybersecurity, your time is better spent planning a solution than worrying about what darkness awaits your Principal’s critical personal and financial information. Contact PHM today!