Publications and News Articles Involving Albright & Rhodes, LLC

• MEDIA EXPOSURE: The media often approach the attorneys at Albright & Rhodes, LLC, to share their expertise.
• A SAFETY NET FOR PARENTS: Georgetown University Alumni Magazine article about Anne Albright's work in "nanny law"
• LEGAL TALK: Article by Anne Albright about new immigration and tax laws that are important for employers and employees to understand

MEDIA EXPOSURE

The media often approach the attorneys at Albright & Rhodes, LLC, to share their expertise. Below are just a few examples of the firm's appearances.

• CNN: In 2003, CNN asked Laura Kelsey Rhodes to appear on camera to share her expertise on extraditions. The arrest of Baylor University basketball player Carlton Dotson attracted wide attention after he was accused of murdering his ex-teammate, Patrick Dennehy. Dotson was arrested in his home state of Maryland. The murder is alleged to have occurred in Texas, and authorities there wanted Dotson transferred to the Texas to face charges. CNN needed a local criminal defense attorney familiar with the ins and outs of extradition. Rhodes explained that in Maryland, unlike most states, the accused is entitled to a governor’s hearing before being transferred to another state.
• The Washington Post: The Post ran a lengthy interview in 1997 with Anne K. Albright and Laura Kelsey Rhodes. The feature article described the Albright & Rhodes, LLC, “Nannylaw” service, which assists parents who want to hire nannies. It offers criminal background and immigration status checks and helps the employer understand the tax and Social Security requirements involved in hiring domestic help. The story also appeared in the Los Angeles Times.
• The Washington Post and other media outlets: The press closely followed the unusual case of a woman that police accused of both driving too slowly and fleeing an officer. The Post ran an editorial calling the Frederick County sheriff’s deputies “bullies” and characterizing a deputy’s overreaction as “a dumb thing to have done.” When the department’s internal investigation concluded that the officers acted properly, Ms. Rhodes told the media: “I think this is an official whitewash of what happened, and I’m not surprised by the conclusion.”
• The Daily Record: The Maryland business and legal publication quoted Ms. Rhodes in a 2001 story about disparities in setting bail amounts in five Maryland jurisdictions. Ms. Rhodes told the reporter: “It’s the poor and the working class that get hurt the most. We hope everyone–judges, commissioners, defense attorneys, prosecutors–look at pretrial detention and see that it’s the risk of flight that’s the primary issue at bail hearings.”
• The Daily Record: Ms. Rhodes was approached again in 2003 to respond to a 4th U.S. Circuit Court of Appeals decision regarding an immigrant whom the FBI questioned in a terrorism-related investigation. The court ruled that the immigrant’s attorney had to answer grand jury questions about the immigrant because the immigrant had waived his attorney-client privilege. The immigrant told the FBI that he followed his attorney’s advice in filling out his green-card application, which includes questions about whether the applicant has been arrested or charged with a crime. The court ruled that when the immigrant told agents that he consulted his attorney about answering those questions, the privilege was waived. Rhodes called the decision “scary” and said that it puts attorneys in “the potentially unethical” position of “forcing them to turn their clients in.” She also noted that criminal defense attorneys who don’t have immigration law expertise may not be equipped to provide advice on green-card applications.

A SAFETY NET FOR PARENTS

Georgetown University Alumni Magazine

Anne Albright (L'87) tries to provide something most parents find invaluable - peace of mind.

With horror stories like the British au pair murder trial in the news, parents are even more concerned about who they hire to watch their children.

"I think the lesson of Louise Woodward is that as a society, as a country, we need to be very aware of child care," Albright says. "It's an issue we need to solve."

The daughter of Secretary of State Madeline Albright sees herself and her law partner, Laura Rhodes, as part of the solution.

The two run a firm that focuses on, among other things, "nanny law." For a set fee, the firm will thoroughly investigate the background of prospective nannies, au pairs, other in-home child care, and other workers.

Before the Woodward controversy, there was Zoe Baird, President Clinton's prospective attorney general, whose candidacy ran into trouble following questions surrounding her nanny's immigration status.

Albright's firm also will determine an in-home employee's immigration status, and address employer's concerns about taxes and other issues. She says parents and others are helped with filling out forms and understanding bureaucracies.

As the working mother of a young son, Albright knows that choosing a nanny is one of the most important and difficult decisions a parent can make.

"I have a lot of friends who, like me, are working mommies," she says. "They need this information; [they] need to have a way of knowing that they comply with the laws when they have in-home childcare, or housekeepers, or what have you."

During her three years at Georgetown, Albright studied a variety of law subjects, always keeping in mind her goal of eventually running her own small firm. She was particularly interested in specializing in areas close to her heart.

Whenever the stress of law school took its toll, Albright would leave the Law Center campus and seek refuge with her role model and mother, who was then a professor in Georgetown.

"My mom was very close by, so during exams I would go seek sympathy from her and get it," Albright says. "She was thrilled I went to Georgetown, and there's not a moment that I didn't love there, all the teachers and subjects."

Today Albright works in Rockville, Md., while a nanny cares for her son. She says her firsthand knowledge coupled with her Georgetown degree helps her solve a variety of other people's nanny problems. And with more mothers going back to work shortly after having children, Albright says high-quality childcare is in growing demand.

According to an article in The Washington Post, 70 percent of mothers in the Washington, D.C., area with small children work out of the home, while 11 percent of all families hire babysitters for their preschool children. The Post does note, however, that the latter statistic is about double the national average.

"I think the thing that people forget is that a nanny is someone you're trusting your most valuable asset to," Albright says. "Laura and I both believe you can't skimp on that."

Anthony Zurcher

LEGAL TALK

New immigration, tax laws

Equally vital for employers, employees

By Anne K. Albright

Special to the Gazette

Recent changes in federal immigration and tax laws and little-known insurance laws could mean trouble for anyone who employs a babysitter, housekeeper or gardener. Employers and employees alike should be a ware of applicable federal and state laws and what is necessary to comply with them.

Nanny Taxes

Even people who don't plan on running for public office should not make the mistake that has cost some candidates their careers. An employer is required to pay federal social security and medicare taxes (FICA) on any household employer to whom wages of $1,000 or more are paid in any calendar year. Federal unemployment (FUTA) must be paid on any household employee to whom wages of $1,000 or more is paid in any calendar quarter.

Paying these taxes is easier than in the past. Instead of filing quarterly on separate forms, these taxes can be paid in an annual lump sum by attaching a Schedule H to the personal federal income tax return. In addition to the federal tax obligation, state unemployment taxes must be paid. While thresholds vary by state, Maryland requires unemployment tax if a domestic worker is paid a total of $1,000 during any calendar quarter. Failure to make the required payments may mean a criminal conviction, fine and imprisonment.

Finally, no one should be fooled by people who suggest calling a babysitter or cook "an independent contractor" to avoid these tax requirements. Standards for who may be considered an independent contractor vary: in most cases, an independent contractor must be free from control or direction by an employer, supply his own equipment and do similar work for many others and may not earn an hourly wage. Most babysitters and cooks do not qualify.

Immigration

The employment interview is the appropriate time to find out if a nanny or babysitter is legal. Finding out later may mean the nanny's quick departure and a child's concomitant emotional upset. Federal law prohibits employing workers who do not have permission to work in this country-even in the home, even for a short period of time. Failure to comply with this law could mean a fine for each day that the illegal employment continues.

Merely asking a potential employee whether he or she is legal does not satisfy federal law. Instead, the applicant must complete an Employment Eligibility Verification form, also known as an I-9, and produce a combination of designated documents from the employee's status may be determined. The completed form must remain in the employer's files, even after the employment ends, in case the employee's status is ever questioned. This requirement applies to all employees, even U.S. citizens.

If a domestic employee does not have the required documents, the employer may wish to have an attorney evaluate whether immigration sponsorship or an adjustment of the employee's immigration status would bring him or her into compliance with the law.

Workers' compensation

State law requires employers to maintain workers' compensation insurance for each domestic employee who earns $750 or more per calendar quarter. Failure to do so could make the employer financially liable to the State of Maryland for penalty premiums.

Most homeowners or umbrella insurance policies do not cover workers' compensation claims. Coverage is available from the Maryland Injured Workers' Insurance Fund or an insurance agent.

Compliance with these requirements is not optional. Anyone who does not understand what must be done or has questions should consult an attorney for legal advice. Many attorneys are willing to make the required filings for clients on a periodic basis; and conduct criminal background checks on existing and potential employees. Personal liability is not worth the small amount it takes to comply.

Anne K. Albright is a principal in the law firm of ALBRIGHT & RHODES, LLC, of Rockville. The firm advises on immigration law and family law, including legal issues related to domestic employees. She is a member of the Women's Bar Association of Montgomery County.