No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8732 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8732
To enhance the rights of domestic employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2024
Ms. Jayapal (for herself, Ms. Adams, Ms. Balint, Ms. Barragan, Mrs.
Beatty, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Mr. Boyle
of Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Ms. Bush, Mr.
Cardenas, Mr. Carson, Mr. Carter of Louisiana, Mr. Casar, Mr. Casten,
Mr. Castro of Texas, Mrs. Cherfilus-McCormick, Ms. Chu, Ms. Clarke of
New York, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Correa, Mr.
Courtney, Mr. Davis of Illinois, Ms. Dean of Pennsylvania, Ms. DeLauro,
Ms. DelBene, Mr. Deluzio, Mrs. Dingell, Mr. Doggett, Ms. Escobar, Mr.
Espaillat, Mr. Evans, Mrs. Foushee, Mr. Frost, Mr. Garamendi, Mr.
Garcia of Illinois, Mr. Robert Garcia of California, Ms. Garcia of
Texas, Mr. Goldman of New York, Mr. Gomez, Mr. Green of Texas, Mr.
Grijalva, Mrs. Hayes, Mr. Himes, Mr. Horsford, Ms. Hoyle of Oregon, Mr.
Huffman, Mr. Jackson of Illinois, Ms. Jackson Lee, Ms. Jacobs, Mr.
Johnson of Georgia, Ms. Kamlager-Dove, Ms. Kelly of Illinois, Mr.
Khanna, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Krishnamoorthi, Mr.
Landsman, Ms. Lee of California, Ms. Lee of Nevada, Ms. Leger
Fernandez, Mr. Lieu, Ms. Lofgren, Mr. Lynch, Ms. Matsui, Ms. McClellan,
Ms. McCollum, Mr. McGovern, Mr. Meeks, Mr. Menendez, Ms. Meng, Mr.
Mfume, Ms. Moore of Wisconsin, Mr. Mullin, Mr. Nadler, Mrs. Napolitano,
Mr. Neguse, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Ms.
Pingree, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Quigley, Mrs.
Ramirez, Mr. Raskin, Ms. Ross, Ms. Salinas, Ms. Sanchez, Mr. Sarbanes,
Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. David Scott of Georgia,
Mr. Smith of Washington, Mr. Soto, Ms. Stansbury, Ms. Stevens, Ms.
Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thanedar, Ms.
Tlaib, Ms. Tokuda, Mr. Torres of New York, Mrs. Trahan, Mr. Vargas, Mr.
Vasquez, Ms. Velazquez, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms.
Wild, Ms. Williams of Georgia, and Ms. Wilson of Florida) introduced
the following bill; which was referred to the Committee on Education
and the Workforce, and in addition to the Committees on House
Administration, Energy and Commerce, Ways and Means, Oversight and
Accountability, and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the rights of domestic employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Domestic Workers
Bill of Rights Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rulemaking authority.
Sec. 5. Rule of construction.
TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
Sec. 101. Overtime protections for live-in domestic employees.
Sec. 102. Live-in domestic employees termination notices and
communications.
Sec. 103. Enforcement.
Subtitle B--Domestic Employee Rights
Sec. 110. Written agreements.
Sec. 111. Earned sick days.
Sec. 112. Fair scheduling practices.
Sec. 113. Right to request and receive temporary changes to scheduled
work hours due to personal events.
Sec. 114. Privacy.
Sec. 115. Breaks for meals and rest.
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss,
or modes of communication.
Sec. 117. Prohibited acts.
Sec. 118. Enforcement authority.
Sec. 119. Effect on existing employment benefits and other laws.
Subtitle C--Amendment to Title VII of the Civil Rights Act of 1964
Sec. 131. Including certain domestic employees in civil rights
protections against discrimination in
employment.
TITLE II--STANDARDS BOARD AND BENEFITS
Sec. 201. Domestic Employee Standards Board.
Sec. 202. Domestic employees' benefits study.
TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS
Sec. 301. Definitions.
Sec. 302. Notice of domestic employee rights.
Sec. 303. Interagency task force on domestic workers bill of rights
enforcement.
Sec. 304. National Domestic Employee Hotline.
Sec. 305. National grant for community-based education, outreach, and
enforcement of domestic employee rights.
Sec. 306. Encouraging the use of fiscal intermediaries.
Sec. 307. Application to domestic employees who provide Medicaid-funded
services.
Sec. 308. Delayed enforcement for government-funded programs.
TITLE IV--FUNDING
Sec. 401. Temporary increase in the Federal medical assistance
percentage for Medicaid-funded services
provided by domestic employees.
Sec. 402. Authorization of appropriations.
TITLE V--SEVERABILITY
Sec. 501. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are an estimated 2,200,000 domestic employees
across the United States working in private homes to provide
direct care, child care, and house-cleaning services.
(2) Domestic work is a job-enabling job that makes all
other work possible. It is labor that cannot be outsourced to
individuals abroad, nor is it close to being automated. Without
the millions of domestic employees caring for children,
seniors, and people with disabilities, and cleaning homes, much
of the economy would come to a standstill.
(3) During the COVID-19 pandemic, domestic work and other
low-wage service jobs, disproportionately held by women, women
of color, and immigrants, were deemed essential. This crisis
showed how essential these jobs have always been to our
economy. At great risk to the health of themselves and their
families, domestic employees worked on the frontlines of the
pandemic to provide care to those more vulnerable to COVID-19,
seniors, and individuals with disabilities, and provided child
care for the children of essential workers and other workers. A
study of Black immigrant domestic employees conducted by the
Institute for Policy Studies and the National Domestic Workers
Alliance in May and June of 2020 found that 25 percent of
employees surveyed experienced or lived with someone who had
experienced COVID-19 symptoms. Seventy-three percent of such
employees surveyed indicated that they did not receive personal
protective equipment (``PPE'') from their employers.
(4) Domestic employees experienced a rapid and sustained
loss of jobs during the COVID-19 pandemic, which exacerbated
the existing financial insecurity experienced by many domestic
employees. Surveys from the National Domestic Workers Alliance
and NDWA Labs between March and September 2020 found that for 6
consecutive months, more than half of domestic employees
surveyed were unable to pay their rent or mortgage. Nearly 75
percent of employees surveyed did not receive any compensation
when their jobs were canceled.
(5) The employment of individuals in domestic service in
households affects commerce, as described in section 2(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)), and
thus many domestic employees are employees covered under the
Fair Labor Standards Act of 1938. Moreover, domestic services
provided by any domestic employee for an employer affect
commerce.
(6) Domestic employees are hired or contacted for work by
phone, mail, or internet, or through newspaper ads, and travel
to work through transportation on interstate highways,
interstate transit, or vehicles in interstate commerce.
(7) In 2023, the Bureau of Labor Statistics predicted that
between 2021 and 2031--
(A) the number of new jobs for home health and
personal care aides will increase by 25 percent, which
is an increase of 711,700 jobs; and
(B) the number of new jobs for child care positions
will increase by 6 percent.
(8) The COVID-19 pandemic increased the demand for in-home
child care. According to the Center for Translational
Neuroscience at the University of Oregon, the percentage of
parents reporting use of home-based child care has grown since
the onset of the pandemic from 27 percent to 31 percent by
September 2021.
(9) An increasing number of employees, including domestic
employees, are finding work on online platforms. An analysis
from the JPMorgan Chase Institute found that between 2013 and
2020, the percentage of adults that had earned income from
online platforms increased from 0.3 percent to 2.5 percent.
(10) Nine out of 10 domestic employees are women and such
women are disproportionately people of color and immigrants.
Women, people of color, and immigrants have historically faced
barriers to employment and economic advancement. According to
the Economic Policy Institute, domestic employees also tend to
be older than other employees. Two in 5 domestic employees are
age 50 or older, while just \1/3\ of all other employees are at
least 50 years old.
(11) Domestic employees are paid low wages, can be
subjected to workplace health and safety hazards, and face
difficulties saving for retirement. An Economic Policy
Institute analysis of data from the Current Population Survey
indicates that the average wage for a domestic employee is
approximately $13.79 per hour or $18,360 per year if working
full-time. In practice, the average wage for a domestic
employee is less than such approximation given that domestic
work has largely been negotiated in the informal labor market.
(12) Low-wage employees, including domestic employees,
experience high rates of minimum wage and overtime violations,
violations of laws related to workers' compensation and other
workplace benefits, and illegal retaliation. A 2017 study from
the Economic Policy Institute found that 2,400,000 employees,
17 percent of the low-wage workforce, experiences wage theft. A
2009 report from the National Employment Law Project found that
employment in private homes was one of the 3 industries with
the highest rates of employment and labor law violations.
(13) A landmark study of domestic employees published in
2012 by the National Domestic Workers Alliance, the Center for
Urban Economic Development of the University of Illinois at
Chicago, and DataCenter titled ``Home Economics: The Invisible
and Unregulated World of Domestic Work'' indicated poor working
conditions across the domestic employees industry. The findings
of such study included that--
(A) domestic employees have little control over
their working conditions and employment is usually
arranged without a written contract;
(B) 35 percent of domestic employees interviewed
reported that they worked long hours without breaks in
the year immediately preceding the interview;
(C) 25 percent of live-in domestic employees had
responsibilities that prevented them from getting at
least 5 hours of uninterrupted sleep at night during
the week immediately preceding the interview; and
(D) 91 percent of domestic employees interviewed
who encountered problems with their working conditions
in the year immediately preceding the interview did not
complain about their working conditions because they
were afraid they would lose their job.
(14) The study described in paragraph (13) found that
domestic employees have little access to federally supported
employment benefits. For instance--
(A) less than 2 percent of such employees receive
retirement or pension benefits, and less than 9 percent
of such employees work for employers that collect
payroll taxes on wages paid to such employees to
provide eligibility for Social Security disability and
retirement benefits; and
(B) 65 percent of such employees do not have health
insurance and only 4 percent of such employees receive
employer-provided insurance, despite the fact that
domestic work is hazardous and often results in illness
or physical injuries.
(15) Compounding these challenges is the fact that many
domestic employees have been, and in many cases continue to be,
excluded from key provisions of labor and employment laws like
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651
et seq.) and the National Labor Relations Act (29 U.S.C. 151 et
seq.). Live-in domestic employees solely employed by private
households remain excluded from the overtime protections under
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
Minimum employee threshold rules, misclassification of domestic
employees as independent contractors, and exclusion of
independent contractors from coverage mean that most domestic
employees are also de facto excluded from Federal civil rights
protections, including protections under title VII of the Civil
Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws.
(16) The International Labour Organization's Domestic
Workers Convention, adopted in 2011, calls for domestic
employees to have the right to freedom of association and
collective actions, protections against harassment, privacy
rights, and the right to be informed of conditions of
employment. This Convention also calls for the right of
domestic employees to keep their travel documents, the right to
overtime compensation and rest breaks, the right to minimum
wage coverage, the right to occupational safety and health
protections, and mechanisms to pursue complaints and ensure
compliance with the law.
(17) The unique nature of their work, in private homes with
individuals and families, also often makes it difficult for
domestic employees to use Federal programs and policies to
improve their skills and training and to join together
collectively to negotiate better pay and working conditions.
(18) Many domestic employees are also vulnerable to
discrimination and sexual harassment. These issues are further
exacerbated by the unique working conditions faced by domestic
employees, such as isolation, poverty, immigration status, the
lack of familiarity with the law and legal processes, limited
networks for support, language barriers, and fear of
retaliation and deportation.
(19) Millions of older individuals, individuals with
disabilities, and families are increasingly relying on domestic
employees. Transforming domestic work jobs into good jobs with
family sustaining wages and access to benefits can reduce high
turnover due to poor working conditions, thereby enhancing
quality of care, and supporting the millions of working and
retired people of the United States who rely on them.
SEC. 3. DEFINITIONS.
(a) Fair Labor Standards Act of 1938 Definitions.--In this Act:
(1) Commerce; employ; employee; goods; person; state.--The
terms ``commerce'', ``employ'', ``employee'', ``employer'',
``enterprise'', ``enterprise engaged in commerce or in the
production of goods for commerce'', ``goods'', ``person'', and
``State'' have the meanings given such terms in section 3 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(2) Regular rate.--The term ``regular rate'' has the
meaning given such term in section 7(e) of such Act (29 U.S.C.
207(e)).
(b) Other Definitions.--In this Act:
(1) Child.--The term ``child''--
(A) means an individual who is under 18 years of
age; and
(B) includes an individual described in
subparagraph (A) who is--
(i) a biological, foster, or adopted child;
(ii) a stepchild;
(iii) a child of a domestic partner;
(iv) a legal ward; or
(v) a child of a person standing in loco
parentis.
(2) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(3) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' for purposes of subparagraph
(A)--
(i) means a relationship between 2
individuals, each at least 18 years of age, in
which both individuals share responsibility for
a significant measure of each other's common
welfare; and
(ii) includes any such relationship between
2 individuals, including individuals of the
same sex, that is granted legal recognition by
a State or political subdivision of a State as
a marriage or analogous relationship, including
a civil union or domestic partnership.
(4) Domestic services.--The term ``domestic services''--
(A) means services--
(i) of a household nature; and
(ii) performed by an individual in or about
a private home (permanent or temporary); and
(B) includes services performed by individuals such
as companions, babysitters, cooks, waiters, butlers,
valets, maids, housekeepers, nannies, nurses, janitors,
laundresses, caretakers, handymen, gardeners, home
health aides, personal care aides or assistants, and
chauffeurs of automobiles for family use.
(5) Domestic employee.--The term ``domestic employee''--
(A) means, except as provided in subparagraph (B),
an employee who is employed by an employer for the
performance of domestic services; and
(B) does not include--
(i) any individual who is a family member,
friend, neighbor, or parent of a child and who
provides child care for the child in the
child's home;
(ii) any individual who is--
(I) an employee of a family child
care provider; or
(II) a family child care provider;
and
(iii) any individual who is an employee
described in section 13(a)(15) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
213(a)(15)).
(6) Family child care provider.--The term ``family child
care provider'' means 1 or more individuals who provide child
care services, in a private residence other than the residence
of the child receiving the services, for fewer than 24 hours
per day for the child (unless the nature of the work of the
parent of the child requires 24-hour care).
(7) Medicaid hcbs-eligible elderly individual.--The term
``Medicaid HCBS-eligible elderly individual'' means an
individual who--
(A) is 65 years of age or older;
(B) is eligible for and enrolled for medical
assistance for any of the following services (whether
provided on a fee-for-service, risk, or other basis)
under a State Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (including
any waiver or demonstration under such title or under
section 1115 of such Act (42 U.S.C. 1315) relating to
such title), and includes an individual who becomes
eligible for medical assistance under a State Medicaid
program when removed from a waiting list:
(i) Home health care services authorized
under paragraph (7) of section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(ii) Personal care services authorized
under paragraph (24) of such section.
(iii) PACE services authorized under
paragraph (26) of such section.
(iv) Home and community-based services
authorized under subsections (b), (c), (i),
(j), and (k) of section 1915 of such Act (42
U.S.C. 1396n), such services authorized under a
waiver under section 1115 of such Act (42
U.S.C. 1315), and such services provided
through coverage authorized under section 1937
of such Act (42 U.S.C. 1396u-7).
(v) Case management services authorized
under section 1905(a)(19) of the Social
Security Act (42 U.S.C. 1396d(a)(19)) and
section 1915(g) of such Act (42 U.S.C.
1396n(g)).
(vi) Rehabilitative services, including
those related to behavioral health, described
in section 1905(a)(13) of such Act (42 U.S.C.
1396d(a)(13)).
(vii) Such other services specified by the
Secretary of Health and Human Services.
(8) On-call.--The term ``on-call'', with respect to a
domestic employee, means any period of time that the employer
of the domestic employee requires the domestic employee to--
(A) be available to work; and
(B) wait to contact, or to be contacted by, the
employer to determine whether the domestic employee
will be required to report to work during that period
of time.
(9) Parent.--The term ``parent'', with respect to an
individual, means a biological, foster, or adoptive parent of
the individual, a stepparent of the individual, parent-in-law
of the individual, parent of a domestic partner of the
individual, or a legal guardian or other person who stood in
loco parentis to the individual when the individual was a
child.
(10) Personal care aide or assistant.--The term ``personal
care aide or assistant'' means an individual who provides
personal care services.
(11) Personal care services.--The term ``personal care
services'' means assistance provided to an individual who is
not an inpatient or resident of a hospital, nursing facility,
intermediate care facility for individuals with intellectual
disabilities, or institution for mental disease that enables
the recipient to accomplish activities of daily living or
instrumental activities of daily living.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) Self-directed care.--The term ``self-directed care'',
with respect to an individual, means services for the
individual that are planned and purchased under the direction
and control of the individual, including the amount, duration,
scope, provider, and location of the services.
(14) Shared living arrangement.--The term ``shared living
arrangement'' means a living arrangement involving--
(A) not more than 2 individuals who are an
individual with a disability or a Medicaid HCBS-
eligible elderly individual, except if 1 or more of the
individuals are related to each other (by blood or a
close association that is equivalent to a family
relationship);
(B) an individual providing services for
compensation and living in the private home of the
recipient of such services;
(C) an individual receiving funding through a State
Medicaid program under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or another publicly
funded program;
(D) a stipend or room and board as the primary form
of payment for the individual providing such services;
and
(E) the individual receiving such services having
the final decision regarding who is the provider of
such services living with the individual, through a
consumer-driven matching process that includes
relationship building, person-centered planning as
defined by the Administrator of the Centers for
Medicare & Medicaid Services, and an assessment of
individual compatibility.
(15) Spouse.--The term ``spouse'', with respect to an
individual, means another individual with whom the individual
entered into a marriage (including a common law or same-sex
marriage)--
(A) as defined or recognized under the law in the
State in which the marriage was entered into; or
(B) that, in the case of a marriage entered into
outside of any State, is recognized in the place where
entered into and could have been entered into in at
least 1 State.
SEC. 4. RULEMAKING AUTHORITY.
The Secretary shall have the authority to promulgate rules to carry
out this Act.
SEC. 5. RULE OF CONSTRUCTION.
For purposes of this Act, any domestic services performed by a
domestic employee for an employer are considered to affect commerce.
TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC EMPLOYEES.
Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(b)(21)) is repealed.
SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207)
the following:
``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
``(a) Definition of Live-In Domestic Employee.--In this section,
the term `live-in domestic employee ' means any employee who is
employed in domestic service in a household and resides in such
household.
``(b) Notice of Termination for Live-In Domestic Employees.--
``(1) In general.--If an employer terminates the employment
of a live-in domestic employee, the employer shall, except as
provided in paragraph (3), provide the live-in domestic
employee with--
``(A) written notice of the termination not later
than 48 hours after such termination; and
``(B)(i) not less than 30 calendar days of lodging
at--
``(I) the household premises of the
employer, as customarily provided by the
employer; or
``(II) another premise of a comparable
lodging condition; or
``(ii) severance pay in an amount equivalent to the
average earnings of the live-in domestic employee for 2
weeks of employment during the preceding 6 months.
``(2) Offsite lodging or severance.--If an employer chooses
to provide a live-in domestic employee who is terminated, as
described in paragraph (1), lodging described in paragraph
(1)(B)(i)(II), or severance pay described in paragraph
(1)(B)(ii), the employer shall allow the live-in domestic
employee not less than 48 hours after the notice provided under
paragraph (1)(A) to vacate the household of the employer.
``(3) Exception.--
``(A) In general.--The requirements under paragraph
(1) shall not be required in a case involving a good
faith allegation described in subparagraph (B) that the
live-in domestic employee has engaged in abuse or
neglect, or caused any other harmful conduct, against
the employer, any member of the family of the employer,
or any individual residing in the household of the
employer.
``(B) Good faith allegations.--A good faith
allegation described in this subparagraph shall be--
``(i) made in writing and provided to the
live-in domestic employee not later than 48
hours after the employer has knowledge of the
conduct of the live-in domestic employee
resulting in the allegation;
``(ii) supported by a reasonable basis and
belief; and
``(iii) made without reckless disregard or
willful ignorance of the truth.
``(c) Communications for Live-In Domestic Employees.--
``(1) In general.--If an employer requires an employee to
be a live-in domestic employee, the employer shall--
``(A) provide the live-in domestic employee with
the ability, and reasonable opportunity, to access
telephone and internet services in accordance with
paragraph (2); and
``(B) without interference by the employer, permit
the live-in domestic employee to send and receive
communications by text message, social media,
electronic or regular mail, and telephone calls.
``(2) Telephone and internet services.--
``(A) Employer with services.--If an employer
requires an employee to be a live-in domestic employee
and has telephone or internet services for the
household of the employer, the employer shall provide
the live-in domestic employee with reasonable access to
such services without charge to the employee.
``(B) Employer without services.--If an employer
requires an employee to be a live-in domestic employee
and does not have telephone or internet services for
the household of the employer, the employer--
``(i) shall provide the live-in domestic
employee with a reasonable opportunity to
access such services at another location; and
``(ii) shall not be required to pay for
such services.''.
(b) Conforming Amendment.--Section 10 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 210) is repealed.
SEC. 103. ENFORCEMENT.
(a) Prohibited Act.--Section 15(a) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 215(a)) is amended--
(1) in paragraph (5), by striking ``; and'';
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) to violate any provision of section 8, including any
regulation or order issued by the Secretary under that
section.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended--
(1) in subsection (b), by inserting ``Any employer who
violates section 8(b) shall be liable to the employee affected
in an amount of severance pay that is calculated, with respect
to the employee, in accordance with section 8(b)(1)(B)(ii), and
in an additional equal amount as liquidated damages. Any
employer who violates section 8(c) shall be liable to the
employee affected in an amount that is not to exceed $2,000 for
each violation.'' after the third sentence; and
(2) in subsection (c), by adding at the end the following:
``The authority and requirements described in this subsection
shall also apply with respect to a violation of section 8, as
appropriate, and the employer shall be liable for the amounts
described in subsection (b) for violations of such section.''.
(c) Injunction Proceedings.--Section 17 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and
inserting ``and in the case of violations of section 15(a)(7) the
restraint of any withholding of severance pay and other damages found
by the court to be due to employees under this Act (except, in either
case, sums''.
(d) Statute of Limitations.--Section 6 of the Portal-to-Portal Act
of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection
(a), by inserting ``(and any cause of action to enforce section 8 of
such Act)'' after ``under the Fair Labor Standards Act of 1938, as
amended''.
Subtitle B--Domestic Employee Rights
SEC. 110. WRITTEN AGREEMENTS.
(a) Covered Domestic Employee.--In this section, the term ``covered
domestic employee'' means any domestic employee to whom the employer of
the domestic employee expects to provide compensation for the
performance of domestic services by the domestic employee for not less
than 8 hours per week.
(b) Requirement.--Each employer shall provide a written agreement
in accordance with this section to each covered domestic employee
employed by the employer.
(c) Written Agreement Requirements.--A written agreement required
under this section shall--
(1) be signed and dated by the covered domestic employee
and the employer;
(2) be written in--
(A) a language easily and fully understood by the
covered domestic employee and the employer, which may
be in multiple languages if the employee and the
employer do not easily and fully understand the same
language; and
(B) plain language;
(3) include the contents described in subsection (d); and
(4) be provided in accordance with subsection (e).
(d) Contents of the Written Agreement.--
(1) In general.--The contents described in this subsection
shall include each of the following:
(A) The full name, address, and contact information
of the employer, including, as appropriate, any ``doing
business as'' name of the employer and the name of each
individual of the employer who will be doing business
with the covered domestic employee.
(B) The address for the location where the covered
domestic employee will be providing domestic services
for the employer.
(C) All responsibilities to be performed by the
covered domestic employee for the employer, and the
regularity in which such responsibilities are to be
performed.
(D) The hourly pay rate of the covered domestic
employee for any work week, including the overtime pay
rate.
(E) The day of the week when the covered domestic
employee will be paid.
(F) The required working hours for any work week,
including--
(i) the time of day and day of week the
work of the covered domestic employee begins;
(ii) meal and rest breaks described in
section 115;
(iii) time off, including paid holidays and
paid vacations;
(iv) the work schedule of the employee at
the time of hire, including--
(I) the time of day and the days of
the week the covered domestic employee
will be expected to work for the
employer each week; or
(II) if the time of day or the days
of the week that the domestic employee
will be expected to work for the
employer will vary from week to week,
information regarding a good faith
estimate of the days and hours for
which the covered domestic employee
will be expected to work for the
employer each week, including, at
minimum--
(aa) the average number of
hours the covered domestic
employee will be expected to
work for the employer each week
during a typical 90-day period;
(bb) whether the covered
domestic employee can expect to
be on-call;
(cc) a subset of days the
covered domestic employee can
typically expect to work (or to
be scheduled as off from work)
for the employer; and
(dd) the amount of notice
that the employer will provide
to the domestic employee in
advance of scheduled work hours
(as defined in section 112(a)),
which shall not be less than 72
hours before such scheduled
work hours are to begin (except
during a period described in
subparagraph (A) of section
112(e)(1), in a case described
in subparagraph (B) of such
section, or in the case of a
shared living arrangement), and
the manner in which such notice
shall be provided;
(v) how the employer will provide pay for
last-minute changes to scheduled work hours as
described in section 112(c); and
(vi) how the employee can request and
receive a change to scheduled work hours due to
personal events as described in section 113.
(G) Information about policies, procedures, and
equipment related to safety and emergencies.
(H) The policy of the employer pertaining to notice
of termination of the covered domestic employee by the
employer.
(I) A description of the process for the covered
domestic employee to raise or address grievances with
respect to, or breaches of, the written agreement,
including that the grievance process shall not be
construed to be an exhaustion of remedies requirement
and shall not prevent the domestic employee from going
directly to a relevant enforcement agency or a court to
enforce any right conferred by this Act or another law.
(J) In the case of a covered domestic employee who
resides in the household of the person for whom the
domestic employee provides domestic services--
(i) the circumstances under which the
employer may enter the designated living space
of the domestic employee;
(ii) the circumstances under which the
covered domestic employee, in a shared living
arrangement, may enter the designated living
space of the employer; and
(iii) a description of certain
circumstances the employer determines as cause
for--
(I) immediate termination of the
covered domestic employee; and
(II) subject (as applicable) to
section 8(b) of the Fair Labor
Standards Act of 1938, removal of the
covered domestic employee from the
household of the person for whom the
employee provides domestic services not
later than 48 hours after notice of the
termination.
(K) If applicable, any policies of the employer
with respect to the covered domestic employee for--
(i) paying for or providing reimbursement
for--
(I) health insurance;
(II) transportation, meals, or
lodging; or
(III) any fees or costs associated
with the domestic services provided by
the covered domestic employee for the
employer;
(ii) annual or other pay increases;
(iii) severance pay; and
(iv) providing materials or equipment
related to the performance of domestic service
by the covered domestic employee, including (if
applicable) any cleaning supplies provided by
the employer.
(L) Any other benefits afforded to the covered
domestic employee by the employer.
(M) A description of the process used by the
employer to change any policy described in
subparagraphs (A) through (L), including addressing
additional compensation if responsibilities are added
to those described in subparagraph (C), after the date
on which the written agreement is provided to the
domestic employee.
(2) Prohibitions.--A written agreement required under this
section may not--
(A) contain--
(i) a predispute arbitration agreement (as
such term is defined in section 401 of title 9,
United States Code) for claims made by a
covered domestic employee against an employer
regarding the legal rights of the employee; or
(ii) a nondisclosure agreement, noncompete
agreement, or nondisparagement agreement that
limits the ability of the covered domestic
employee to seek compensation for performing
domestic services after the employee ceases to
receive compensation from the employer for the
performance of domestic services; and
(B) be construed to waive the rights or protections
of a domestic employee under Federal, State, or local
law.
(e) Timing.--
(1) Initial agreement.--An employer shall provide a written
agreement required under this section--
(A) to each covered domestic employee hired by the
employer after the date of enactment of this Act on a
day that, at the discretion of the employer, is--
(i) not more than 5 days after the covered
domestic employee is hired; or
(ii) the day before the first day that the
covered domestic employee performs domestic
services for the employer; and
(B) to each covered domestic employee hired on or
before the date of enactment of this Act, not more than
180 days after such date of enactment.
(2) Subsequent agreements.--Not later than 30 calendar days
after the date on which an employer makes a change to a written
agreement provided to a covered domestic employee under this
section, the employer shall provide the domestic employee with
an updated agreement in accordance with this section.
(f) Records.--An employer that is required to provide a written
agreement under this section to a covered domestic employee shall
retain such agreement for a period of not less than 3 years from the
date on which the covered domestic employee is no longer working for
the employer.
(g) Model Written Agreements.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish and make
available templates for model written agreements under this
section.
(2) Requirements.--A model written agreement required under
paragraph (1) shall be available in multiple languages commonly
understood by domestic employees, including all languages in
which the Secretary, acting through the Administrator of the
Wage and Hour Division, translates a basic information fact
sheet published by the Administrator.
SEC. 111. EARNED SICK DAYS.
(a) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence''--
(A) has the meaning given the term in section
40002(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(a)), except that the reference in such
section to the term ``jurisdiction receiving grant
funding'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer of the domestic employee involved is located;
and
(B) includes dating violence, as that term is
defined in such section.
(2) Domestic employee.--The term ``domestic employee''
means a domestic employee, as defined in section 3(b), other
than an individual providing domestic services through a shared
living arrangement.
(3) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to a domestic
employee by the employer that employs the domestic employee,
including group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and
pensions, regardless of whether such benefits are provided by a
practice or written policy of an employer or through an
``employee benefit plan'', as defined in section 3(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(3)).
(4) Health care provider.--The term ``health care
provider'' means a provider who--
(A) is--
(i) a doctor of medicine or osteopathy who
is authorized to practice medicine or surgery
(as appropriate) by the State in which the
doctor practices; or
(ii) any other person determined by the
Secretary to be capable of providing health
care services; and
(B) is not employed by the employer for whom the
provider issues certification under this section.
(5) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by a domestic
employee for use during an absence from employment for any of
the reasons described in subparagraphs (A) through (D) of
subsection (b)(2).
(6) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(7) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(8) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
(b) Earned Paid Sick Time.--
(1) Earning of time.--
(A) In general.--An employer shall provide each
domestic employee employed by the employer not less
than 1 hour of earned paid sick time for every 30 hours
worked, to be used as described in paragraph (2). An
employer shall not be required to permit a domestic
employee to earn, under this subsection, more than 56
hours of paid sick time in a calendar year, unless the
employer chooses to set a higher limit.
(B) Dates for beginning to earn paid sick time and
use.--
(i) In general.--A domestic employee--
(I) shall begin to earn paid sick
time under this subsection at the
commencement of their employment; and
(II) except as provided in clause
(ii), may use that earned paid sick
time in accordance with this
subsection.
(ii) Waiting period for use of earned paid
sick time.--
(I) In general.--Except as provided
in subclause (II) and subparagraph (F),
a domestic employee may not use any
paid sick time earned under this
subsection before the day that is the
60th calendar day after commencement of
the domestic employee's employment.
(II) Advance for sick time.--An
employer may--
(aa) loan paid sick time to
a domestic employee employed by
the employer for use by such
domestic employee in advance of
the domestic employee earning
such sick time; and
(bb) notwithstanding
subclause (I), permit use of
earned sick time by a domestic
employee before the 60th day of
employment of the domestic
employee.
(C) Carryover.--Paid sick time earned under this
subsection shall carry over from one year to the next.
(D) Employers with existing policies.--Any employer
with a paid leave policy who makes available an amount
of paid leave that is sufficient to meet the
requirements of this subsection and that may be used
for the same purposes and under the same conditions as
the purposes and conditions outlined in paragraph (2)
shall not be required to permit a domestic employee
employed by the employer to earn additional paid sick
time under this subsection.
(E) Construction.--Nothing in this subsection shall
be construed as requiring financial or other
reimbursement to a domestic employee from an employer
upon the domestic employee's termination, resignation,
retirement, or other separation from employment with
the employer for earned paid sick time that has not
been used.
(F) Reinstatement.--If a domestic employee is
separated from employment with an employer and is
rehired for employment, within 12 months after that
separation, by the same employer, the employer shall
reinstate the domestic employee's previously earned
paid sick time. Notwithstanding subparagraph
(B)(ii)(I), the domestic employee shall be entitled to
use the earned paid sick time and earn additional paid
sick time at the recommencement of employment with the
employer.
(G) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this
subsection, that the domestic employee involved search
for or find a replacement to cover the hours during
which the domestic employee is using paid sick time.
(2) Uses.--Paid sick time earned under this subsection may
be used by a domestic employee for any of the following:
(A) An absence resulting from a physical or mental
illness, injury, or medical condition of the domestic
employee.
(B) An absence resulting from obtaining
professional medical diagnosis or care, or preventive
medical care, for the domestic employee.
(C) An absence for the purpose of caring for a
child, a parent, a spouse, a domestic partner, or any
other individual related by blood or affinity whose
close association with the domestic employee is the
equivalent of a family relationship, who--
(i) has any of the conditions or needs for
diagnosis or care described in subparagraph (A)
or (B);
(ii) is required to attend--
(I) in the case of someone who is a
child, a school meeting; or
(II) a meeting at a place where the
child, parent, spouse, domestic
partner, or such other individual is
receiving care necessitated by a health
condition or disability of the child,
parent, spouse, domestic partner, or
such other individual.
(iii) is in need of care and is typically
cared for by an individual who is unable to
provide care because the individual has any of
the conditions or needs for diagnosis or care
described in subparagraph (A) or (B); or
(iv) is otherwise in need of care.
(D) An absence resulting from domestic violence,
sexual assault, or stalking, if the time is to--
(i) seek medical attention for the domestic
employee or a child, parent, spouse, domestic
partner, or another individual related to the
domestic employee as described in subparagraph
(C), to recover from physical or psychological
injury or disability caused by domestic
violence, sexual assault, or stalking;
(ii) obtain or assist a child, a parent, a
spouse, a domestic partner, or such other
individual in obtaining services from a victim
services organization;
(iii) obtain or assist a child, a parent, a
spouse, a domestic partner, or such other
individual in obtaining psychological or other
counseling;
(iv) seek relocation; or
(v) take legal action, including preparing
for or participating in any civil or criminal
legal proceeding related to or resulting from
domestic violence, sexual assault, or stalking.
(3) Procedures.--
(A) In general.--Paid sick time shall be provided
upon the oral or written request of a domestic
employee. Such request shall--
(i) include the expected duration of the
period of such time; and
(ii) be--
(I) in a case in which the need for
such period of time is foreseeable at
least 7 days in advance of such period,
provided at least 7 days in advance of
such period; or
(II) otherwise, provided as soon as
practicable after the domestic employee
is aware of the need for such period.
(B) Certification in general.--
(i) Provision.--
(I) In general.--Subject to clause
(iv), an employer may require that a
request for paid sick time under this
subsection for a purpose described in
subparagraph (A), (B), or (C) of
paragraph (2) be supported by a
certification issued by the health care
provider of the eligible domestic
employee or of an individual described
in paragraph (2)(C), as appropriate, if
the period of such time covers more
than 3 consecutive workdays.
(II) Timeliness.--The domestic
employee shall provide a copy of such
certification to the employer in a
timely manner, not later than 30 days
after the first day of the period of
time. The employer shall not delay the
commencement of the period of time on
the basis that the employer has not yet
received the certification.
(ii) Sufficient certification.--A
certification provided under clause (i) shall
be sufficient if it states--
(I) the date on which the period of
paid sick time will be needed;
(II) the probable duration of the
period of time;
(III) for purposes of paid sick
time under paragraph (2)(A), a
statement that absence from work is
medically necessary;
(IV) for purposes of such time
under paragraph (2)(B), the dates on
which testing for a medical diagnosis
or care is expected to be given the
duration of such testing or care; and
(V) for purposes of such time under
paragraph (2)(C), in the case of time
to care for someone who is not a child,
a statement that care is needed for an
individual described in such paragraph,
and an estimate of the amount of time
that such care is needed for such
individual.
(iii) Regulations.--The Secretary shall
prescribe regulations that shall specify the
manner in which a domestic employee who does
not have health insurance shall provide a
certification for purposes of this
subparagraph.
(iv) Confidentiality and nondisclosure.--
(I) Protected health information.--
Nothing in this section shall be
construed to require a health care
provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to
section 264(c) of the Health Insurance
Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
(II) Health information records.--
If an employer possesses health
information about a domestic employee
or a domestic employee's child, parent,
spouse, or domestic partner or another
individual related to the domestic
employee as described in paragraph
(2)(C), such information shall--
(aa) be maintained on a
separate form and in a separate
file from other personnel
information;
(bb) be treated as a
confidential medical record;
and
(cc) not be disclosed
except to the affected domestic
employee or with the permission
of the affected domestic
employee.
(C) Certification in the case of domestic violence,
sexual assault, or stalking.--
(i) In general.--An employer may require
that a request for paid sick time under this
subsection for a purpose described in paragraph
(2)(D) be supported by a form of documentation
described in clause (ii) if the period of such
time covers more than 3 consecutive workdays.
(ii) Form of documentation.--A form of
documentation described in this subparagraph is
any one of the following:
(I) A police report indicating that
the domestic employee, or individual
described in paragraph (2)(D), was a
victim of domestic violence, sexual
assault, or stalking.
(II) A court order protecting or
separating the domestic employee, or
individual described in paragraph
(2)(D), from the perpetrator of an act
of domestic violence, sexual assault,
or stalking, or other evidence from the
court or prosecuting attorney that the
domestic employee, or individual
described in paragraph (2)(D), has
appeared in court or is scheduled to
appear in court in a proceeding related
to domestic violence, sexual assault,
or stalking.
(III) Other documentation signed by
an employee or volunteer working for a
victim services organization, an
attorney, a police officer, a medical
professional, a social worker, an
antiviolence counselor, or a member of
the clergy, affirming that the domestic
employee, or individual described in
paragraph (2)(D), is a victim of
domestic violence, sexual assault, or
stalking.
(iii) Requirements.--The requirements of
subparagraph (B) shall apply to certifications
under this paragraph, except that--
(I) subclauses (III) through (V) of
clause (ii) of such subparagraph shall
not apply;
(II) the certification shall state
the reason that the leave is required
with the facts to be disclosed limited
to the minimum necessary to establish a
need for the domestic employee to be
absent from work, and the domestic
employee shall not be required to
explain the details of the domestic
violence, sexual assault, or stalking
involved; and
(III) with respect to
confidentiality under clause (iv) of
such subparagraph, any information
provided to the employer under this
subparagraph shall be confidential,
except to the extent that any
disclosure of such information is--
(aa) requested or consented
to in writing by the domestic
employee; or
(bb) otherwise required by
applicable Federal or State
law.
(iv) Specification of documentation.--An
employer may not specify which of the forms of
documentation described in subclause (I), (II),
or (III) of clause (ii) is required to be
provided in order to satisfy the requirement
under clause (i).
(c) Construction and Application.--
(1) Effect on other laws.--
(A) Federal and state anti-discrimination laws.--
Nothing in this section shall be construed to modify or
affect any Federal or State law prohibiting
discrimination on the basis of race, religion, color,
national origin, sex (including sexual orientation and
gender identity), age, disability, marital status,
familial status, or any other protected status.
(B) State and local laws.--Nothing in this section
shall be construed to supersede (including preempting)
any provision of any State or local law that provides
greater paid sick time or leave rights (including
greater amounts of paid sick time or leave or greater
coverage of those eligible for paid sick time or leave)
than the rights established under this section.
(2) Effect on existing employment benefits.--
(A) More protective.--Nothing in this section shall
be construed to diminish the obligation of an employer
to comply with any contract, collective bargaining
agreement, or employment benefit program or plan that
provides greater paid sick leave or other leave rights
to domestic employees or other individuals than the
rights established under this section.
(B) Less protective.--The rights established for
domestic employees under this section shall not be
diminished by any contract, any collective bargaining
agreement, or any employment benefit program or plan.
(d) Effective Date.--This section, other than subsection
(b)(4)(B)(iii), takes effect 2 years after the date of enactment of
this Act.
SEC. 112. FAIR SCHEDULING PRACTICES.
(a) Definitions.--In this section:
(1) Covered domestic employee.--The term ``covered domestic
employee'' has the meaning given the term in section 110(a).
(2) Scheduled work hours.--The term ``scheduled work
hours'' means the hours on a specified day during which a
domestic employee is, through a written agreement or schedule,
required by the employer of the domestic employee to perform
domestic services for the employer and for which the domestic
employee will receive compensation for such services.
(b) Requirement for Notice of Covered Domestic Employee.--In the
case of a covered domestic employee of an employer, the employer shall
provide the covered domestic employee notice of the scheduled work
hours of such employee through--
(1) a written agreement described in subclause (I) of
section 110(d)(1)(F)(iv) regarding a schedule of the time of
day and the days of the week the covered domestic employee is
expected to work for the employer each week; or
(2) a schedule agreed upon by the employer and the covered
domestic employee provided in the amount of time specified in
accordance with a written agreement described in subclause (II)
of such section, regarding a good faith estimate of the time of
day and the days of the week that the covered domestic employee
is expected to work for the employer.
(c) Requirements for Changes to Scheduled Work Hours and Reporting
Time Pay.--An employer shall--
(1) communicate in writing (which may be in an electronic
form) any change to the scheduled work hours of each domestic
employee of the employer, including any on-call shifts, not
less than 72 hours before the domestic employee is scheduled to
begin work; and
(2) pay each domestic employee of the employer--
(A) the regular rate of pay of the domestic
employee for any scheduled work hours the domestic
employee does not work due to the employer canceling or
reducing the scheduled work hours of the domestic
employee after the domestic employee arrives to work
for the scheduled work hours; or
(B) at a rate of \1/2\ of the regular rate of pay
of the domestic employee for any scheduled work hours
the domestic employee does not work due to the employer
canceling or reducing the scheduled work hours of the
domestic employee at a time that is less than 72 hours
prior to the commencement of such scheduled work hours,
unless the employer--
(i) is an individual with a disability
relying on the domestic employee for disability
supports and services (or an employer
supporting an individual with a disability);
and
(ii) requests the domestic employee to
consent to work alternative, equivalent
scheduled work hours within a 7-day period and
the employee consents to work such alternative,
equivalent hours.
(d) Right To Decline Schedule Changes.--
(1) In general.--If an employer intends to schedule a
covered domestic employee for work during hours that are
identified as hours in which the employee can typically expect
to be scheduled as off from work in accordance with the written
agreement under section 110(d)(1)(F)(iv)(I) or are identified
as hours outside of the good faith estimate under section
110(d)(1)(F)(iv)(II)(cc)), the employer shall obtain the
written consent of the covered domestic employee to work such
hours prior to the commencement of such work.
(2) Consent.--A covered domestic employee may provide
written consent under paragraph (1) in an electronic format.
(e) Exceptions.--
(1) In general.--Notwithstanding any provision in this
section, the requirements under subsection (c) shall not
apply--
(A) during any period in which the operations of
the employer cannot begin or continue due to--
(i) a fire, flood, or other natural
disaster;
(ii) a major disaster or emergency declared
by the President under section 401 or 501,
respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170, 5191) or a state of emergency
declared by a Governor of a State or chief
official of a unit of local government; or
(iii) a severe weather condition that poses
a threat to employee safety; or
(B) in a case in which--
(i) the domestic employee voluntarily
requested in writing a change to the scheduled
work hours of the employee; or
(ii) the employer changes the scheduled
work hours of a domestic employee due to--
(I) a medical emergency requiring
the emergency medical treatment or
hospitalization of the individual for
whom the domestic employee is
performing domestic services or a
child, a parent, a spouse, or a
domestic partner of such individual or
any other individual related by blood
or affinity whose close association
with such individual is the equivalent
of a family relationship; or
(II) the risk of contagion or a
quarantine requirement related to a
public health emergency declared under
section 319 of the Public Health
Service Act (42 U.S.C. 247d).
(2) Shared living arrangement.--Notwithstanding any
provision in this section, the requirements under this section
shall not apply to a shared living arrangement.
(f) Effective Date.--This section shall take effect on the date
that is 2 years after the date of enactment of this Act.
SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED
WORK HOURS DUE TO PERSONAL EVENTS.
(a) Definitions.--In this section:
(1) Covered domestic employee.--The term ``covered domestic
employee'' has the meaning given the term in section 110(a).
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 111(a).
(3) Personal event.--The term ``personal event'', with
respect to a covered domestic employee, means--
(A) an event resulting in the need of the covered
domestic employee to serve as a caregiver for an
individual related to the covered domestic employee by
blood or affinity or whose close association with the
covered domestic employee is the equivalent of a family
relationship;
(B) an event resulting from the obligation of a
covered domestic employee to attend a legal proceeding
or hearing for subsistence benefits, including benefits
under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) or under a State program for
temporary assistance for needy families established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.), to which the employee, or an
individual related to the employee as described in
subparagraph (A), is a party or witness; or
(C) any circumstance that would constitute a basis
for permissible use of safe time or family, medical, or
sick leave, as determined based on the policy of the
employer of the covered domestic employee.
(4) Safe time.--The term ``safe time'', with respect to a
covered domestic employee, means an absence from work of the
employee resulting from domestic violence, sexual assault, or
stalking, if the absence is to--
(A) seek medical attention for the employee or a
child, parent, spouse, or domestic partner of the
employee, or any other individual related to the
employee by blood or affinity whose close association
with the employee is the equivalent of a family
relationship, in order to recover from physical or
psychological injury or disability caused by domestic
violence, sexual assault, or stalking;
(B) obtain, or assist a child, parent, spouse,
domestic partner, or other individual described in
subparagraph (A) in obtaining, services from a victim
services organization;
(C) obtain, or assist a child, parent, spouse,
domestic partner, or other individual described in
subparagraph (A) in obtaining, psychological or other
counseling;
(D) seek relocation for the employee or a child,
parent, spouse, domestic partner, or other individual
described in subparagraph (A); or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking, of the employee or a child,
parent, spouse, domestic partner, or other individual
described in subparagraph (A).
(5) Scheduled work hours.--The term ``scheduled work
hours'' has the meaning given such term in section 112(a),
except that references in such section to the term ``domestic
employee'' shall be deemed to be a reference to the term
``covered domestic employee''.
(6) Sexual assault; stalking.--The terms ``sexual assault''
and ``stalking'' have the meanings given such terms in section
111(a).
(7) Temporary change.--The term ``temporary change'', with
respect to a change in the scheduled work hours of a covered
domestic employee, means a limited alteration in the hours or
dates that, or locations where, a employee is scheduled to
work, including such an alteration involving using paid time
off, trading work hours with another individual, shifting work
hours, or using short-term unpaid leave.
(b) Request.--
(1) In general.--In accordance with this subsection, for
each calendar year, an employer shall, upon request of a
covered domestic employee of the employer, grant to the covered
domestic employee not less than--
(A) 2 requests for a temporary change, covering not
more than 1 work day per request, to the scheduled work
hours of the employee due to a personal event; or
(B) 1 request for a temporary change, covering not
more than 2 work days, to the scheduled work hours of
the employee due to a personal event.
(2) Notification of request.--
(A) In general.--A covered domestic employee who
requests a temporary change to the scheduled work hours
of the employee due to a personal event under this
subsection shall--
(i) notify the employer or direct
supervisor of such employee, as soon as the
employee becomes aware of the need for the
temporary change and inform the employer or
supervisor that the change is due to a personal
event; and
(ii) unless the employee seeks leave
without pay, make a proposal regarding how the
covered domestic employee will make the
temporary change to the scheduled work hours of
the employee (such as by using the any earned
paid time off of the domestic employee or by
trading work hours).
(B) Format of notification.--A notification under
subparagraph (A)(i) need not be in writing.
(c) Effective Date.--This section shall take effect on the date
that is 2 years after the date of enactment of this Act.
SEC. 114. PRIVACY.
(a) In General.--An employer shall not--
(1) monitor or record a domestic employee of the employer
while such domestic employee is--
(A) using restroom or bathing facilities;
(B) in the private living quarters of the employee;
or
(C) engaging in any activities associated with the
dressing, undressing, or changing of clothes of the
employee;
(2) subject to subsection (b), restrict or interfere with,
or monitor, the private communications of such domestic
employee; or
(3) take possession of any documents or other personal
effects of such domestic employee.
(b) Private Communications.--An employer may--
(1) restrict, interfere with, or monitor the private
communications of a domestic employee of the employer if the
employer has a reasonable belief that such communications
significantly interfere with the domestic employee's
performance of expected duties; and
(2) establish reasonable restrictions on the private
communications of the domestic employee while such employee is
performing domestic services for the employer.
(c) Relation to Other Laws.--This section shall not preclude
liability under any other law.
(d) Definition of Private Communications.--In this section, the
term ``private communications'' means any communication through
telephone or internet services, including sending and receiving
communications by text message, social media, electronic mail, and
telephone, with an entity or individual other than the employer.
SEC. 115. BREAKS FOR MEALS AND REST.
(a) Meal Breaks.--
(1) In general.--Except as provided in subsection (c), an
employer shall not require a domestic employee to work more
than 5 hours for such employer without an uninterrupted meal
break of not less than 30 minutes. The number of hours worked
by a domestic employee for purposes of this paragraph shall be
calculated without regard to any rest break the employee takes
and to which the employee has a right under subsection (b).
(2) Rate of pay.--An employer shall pay a domestic employee
for a meal break under paragraph (1) at the regular rate of pay
of the domestic employee unless the domestic employee is
relieved of all duty for not less than 30 minutes during the
meal break and is permitted to leave the work site during such
break.
(3) Paid meal break.--Except as provided in subsection (c),
for any paid meal break required under paragraph (1), an
employer shall--
(A) provide a reasonable opportunity for a domestic
employee of the employer to take such break for a
period of uninterrupted time that is not less than 30
minutes; and
(B) not impede or discourage such a domestic
employee from taking such meal break.
(b) Rest Breaks.--
(1) In general.--Except as provided in subsection (c), for
every 4 hours of work that a domestic employee is scheduled to
perform for the employer, the employer shall allow the employee
a rest break of not less than 10 uninterrupted minutes in which
the domestic employee is relieved of all duties related to
providing domestic services to the employer. The employer shall
allow such rest break to occur during the first 3 hours of
consecutive work performed by the employee for the employer.
(2) Rate of pay.--An employer shall pay a domestic employee
for all rest breaks under paragraph (1) at the regular rate of
pay of the employee. The employer shall not impede or
discourage a domestic employee from taking such breaks.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2)(B), a domestic
employee may not have the right to a meal break under
subsection (a), or a rest break under subsection (b), in a case
in which the safety of an individual under the care of the
domestic employee prevents the domestic employee from taking
such break.
(2) On-duty breaks.--
(A) Definition of on-duty.--In this subsection, the
term ``on-duty break'', with respect to a meal break
under subsection (a) or a rest break under subsection
(b), means a break in which the domestic employee--
(i) is not relieved of all duties of the
employee for the employer; and
(ii) may, to the extent possible given the
duties of the domestic employee for the
employer, engage in personal activities, such
as resting, eating a meal, drinking a beverage,
making a personal telephone call, or making
other personal choices.
(B) Authorization.--In a case described in
paragraph (1), the domestic employee may still take an
on-duty meal or rest break under subsection (a) or (b),
respectively, if--
(i) the nature of the work prevents a
domestic employee from being relieved of all
duties required of the domestic employee for
the employer; and
(ii) the domestic employee and the employer
agree to such an on-duty meal or rest break in
a written agreement, which shall include a
provision allowing the domestic employee to, in
writing, revoke the agreement at any time .
(C) Rate of pay.--An employer shall compensate a
domestic employee for the time of an on-duty meal or
rest break under this paragraph at the regular rate of
pay of the employee for the employer.
(3) Shared living arrangement.--The requirements under this
section shall not apply in the case of a shared living
arrangement.
SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS,
OR MODES OF COMMUNICATION.
(a) In General.--An employer may not make any deduction from the
wage of, or require any reimbursement from, a domestic employee of the
employer for--
(1) any cash shortage of the employer; or
(2) breakage or loss of the employer's equipment or other
belongings.
(b) Communications.--An employer may not make any deduction from
the wage of, or otherwise penalize, a domestic employee of the employer
for communicating with a consumer of domestic services directly as
opposed to communicating through an application or other messaging
service provided by an on-demand platform or otherwise required by the
employer.
(c) Violation.--Any deduction or reimbursement in violation of
subsection (a) or (b) shall be deemed an unpaid wage for purposes of
enforcement under section 118, and the domestic employee shall have the
right to recover such wage in accordance with such section.
SEC. 117. PROHIBITED ACTS.
(a) Interference With Rights.--It shall be unlawful for any person
to interfere with, restrain, coerce, or deny any other person the
exercise of, or the attempt to exercise, any right provided under this
subtitle, including--
(1) discharging or in any manner discriminating against
(including retaliating against) any domestic employee for--
(A) exercising, or attempting to exercise, any
right provided under this subtitle; or
(B) engaging in concerted activities for the
purpose of collective bargaining or other mutual aid or
protection, regardless of whether such activities are
with domestic employees of different employers or
domestic employees at different worksites; and
(2) discriminating against any domestic employee by using
the exercise of a right provided under this subtitle as a
negative factor in an employment action, such as an action
involving hiring, promotion, or changing work hours or number
of shifts, or a disciplinary action.
(b) Retaliation Protection.--It shall be unlawful for any employer
to discharge, demote, suspend, reduce the work hours of, take any other
adverse employment action against, threaten to take an adverse
employment action against, or in any other manner discriminate against
a domestic employee with respect to compensation, terms, conditions, or
privileges of employment because the domestic employee (or any person
acting pursuant to the request of the domestic employee), whether at
the initiative of the domestic employee or in the ordinary course of
the domestic employee's duties--
(1) opposes any practice made unlawful under this subtitle;
(2) asserts any claim or right under this subtitle;
(3) assists a domestic employee in asserting such claim or
right;
(4) informs any domestic employee about this subtitle;
(5) requests a change to the written agreement described in
section 110;
(6) requests a change in scheduled work hours described in
section 112, or any other schedule change, without regard to
the eligibility of such domestic employee to receive any such
change;
(7) participates as a member of, or takes an action
described in paragraph (8) with respect to, the Domestic
Employee Standards Board described in section 201;
(8)(A) files an action, or institutes or causes to be
instituted any proceeding, under or related to this subtitle;
(B) gives, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this subtitle; or
(C) testifies, or is about to testify, in any inquiry or
proceeding relating to any right provided under this subtitle;
and
(9) engages in concerted activities for the purpose of
collective bargaining or other mutual aid or protection,
regardless of whether such activities are with domestic
employees of different employers or domestic employees at
different worksites.
(c) Immigration-Related Actions as Discrimination.--For purposes of
subsections (a) and (b), discrimination with respect to compensation,
terms, conditions, or privileges of employment occurs if a person
undertakes any of the following activities (unless such activity is
legal conduct undertaken at the express and specific direction or
request of the Federal Government):
(1) Reporting or threatening to report the citizenship or
immigration status of a domestic employee or the suspected
citizenship or immigration status of a family member of such an
individual, to a Federal, State, or local agency.
(2) Requesting more or different documents than those
required under section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor
documents that on their face appear to be genuine.
(3) Using the Federal E-Verify system to check employment
status in a manner not required under section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any
memorandum governing use of the E-Verify system.
(4) Filing or threatening to file a false police report
relating to the immigration status of a domestic employee or a
family member of a domestic employee.
(5) Contacting or threatening to contact immigration
authorities relating to the immigration status of a domestic
employee or a family member of a domestic employee.
(d) Presumption of Retaliation.--
(1) In general.--For the purposes of subsections (a) and
(b), proof that a person discharged an individual or
discriminated against an individual with respect to
compensation, terms, conditions, or privileges of employment,
within 90 days of the individual involved asserting any claim
or right under this subtitle, or assisting any other individual
in asserting such a claim or right, shall raise a presumption
that the discharge or discrimination was in retaliation as
prohibited under subsection (a) or (b), as the case may be.
(2) Rebuttal.--The presumption under paragraph (1) may be
rebutted by clear and convincing evidence that such discharge
or discrimination was taken for another permissible reason.
SEC. 118. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Application.--In this subsection--
(A) the term ``domestic employee'' means a domestic
employee described in subsection (e)(1)(A); and
(B) the term ``employer'' means an employer
described in clause (i) or (ii) of subparagraph (A) and
subparagraph (B) of subsection (e)(2).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this subtitle, or any regulation or order
issued under this subtitle, the Secretary shall have
the investigative authority provided under section
11(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 211(a)), with respect to employers, domestic
employees, and other individuals affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this subtitle in
accordance with section 11(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211(c)) and in
accordance with regulations prescribed by the
Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require under
this paragraph an employer to submit to the Secretary
any books or records more than once during any 12-month
period, unless the Secretary--
(i) has reasonable cause to believe there
may exist a violation of this subtitle,
including any regulation or order issued under
this subtitle; or
(ii) is investigating a charge under
paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation under this paragraph, the Secretary shall
have the subpoena authority provided under section 9 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
(3) Civil action by domestic employees.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against an employer by one or
more domestic employees, or a representative for and on
behalf of the domestic employees and any other domestic
employees that may be similarly situated.
(B) Liability.--An employer that violates this
subtitle shall be liable to a domestic employee
aggrieved by the violation, except as provided in
subparagraphs (C) and (D), for--
(i) damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained, or the costs
reasonably related to damage to
or loss of property, or any
other injury to the person,
reputation, character, or
feelings, sustained by a
domestic employee as a direct
result of the violation, or any
injury to another person
sustained as a direct result of
the violation, by the employer;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate;
(III) an additional amount as
liquidated damages; and
(IV) such other legal relief as may
be appropriate;
(ii) such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion; and
(iii) a reasonable attorney's fee,
reasonable expert witness fees, and other costs
of the action.
(C) Meal and rest breaks.--In the case of a
violation of section 115, an employer involved shall be
liable under subparagraph (B)--
(i) for the amount of damages described in
subclauses (I), (II), and (III) of subparagraph
(B)(i); and
(ii) under subparagraph (B)(i)(IV), for
each such violation, for an amount equal to 1
hour of pay at the domestic employee's regular
rate of compensation (but not more than 2 hours
of such pay for each workday for which the
employer is in violation of such section).
(D) Written agreements.--In the case of a violation
of section 110, the employer involved shall be liable,
under subparagraph (B)(i)(I), for an amount equal to
$5,000.
(E) Venue.--An action under this paragraph may be
maintained in any Federal or State court of competent
jurisdiction.
(4) Action by the secretary.--
(A) Administrative action.--
(i) In general.--Subject to clause (ii),
and subparagraphs (C) and (D) of paragraph (3),
the Secretary shall receive, investigate, and
attempt to resolve complaints of violations of
this subtitle in the same manner that the
Secretary receives, investigates, and attempts
to resolve complaints of violations of sections
6, 7, and 15(a)(3) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206, 207, and
215(a)(3)), including the Secretary's authority
to supervise payment of wages and compensation
under section 16(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(c)).
(ii) Violations generally.--The Secretary
may assess a civil penalty against an employer
that violates any section of this subtitle--
(I) of not more than $15,000 for
any first violation of any such section
by such employer; and
(II) of not more than $25,000 for
any subsequent violation of any such
section by such employer.
(B) Administrative review.--Any aggrieved
dislocated employee who takes exception to an order
issued by the Secretary under subparagraph (A) may
request review of and a decision regarding such order
by an administrative law judge. In reviewing the order,
the administrative law judge may hold an administrative
hearing concerning the order, in accordance with the
requirements of sections 554, 556, and 557 of title 5,
United States Code. Such hearing shall be conducted
expeditiously. If no aggrieved dislocated employee
requests such review within 60 days after the order is
issued under subparagraph (A), the order shall be
considered to be a final order that is not subject to
judicial review.
(C) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover amounts described in paragraph (3)(B) on behalf
of a domestic employee aggrieved by a violation of this
subtitle.
(D) Sums recovered.--
(i) In general.--Any sums recovered by the
Secretary under subparagraph (C) shall be held
in a special deposit account and shall be paid,
on order of the Secretary, directly to each
domestic employee aggrieved by the violation
for which the action was brought. Any such sums
not paid to a domestic employee because of
inability to do so within a period of 3 years
shall be deposited into the Treasury of the
United States as a miscellaneous receipt.
(ii) Civil penalty.--Any sums recovered by
the Secretary under subparagraph (A)(ii) shall
be deposited into the general fund of the
Treasury of the United States as a
miscellaneous receipt.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of this subtitle, such
action may be brought not later than 3 years after the
date of the last event constituting the alleged
violation for which such action is brought.
(C) Commencement.--An action shall be considered
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph on the date on which the
complaint is filed under such paragraph (3), (4), or
(6).
(6) Action for injunction.--The district courts of the
United States together with the District Court of the Virgin
Islands and the District Court of Guam shall have jurisdiction,
for cause shown, in an action brought by a domestic employee or
the Secretary--
(A) to restrain violations of this subtitle,
including the withholding of a written agreement from a
domestic employee as required under section 110, or of
any withholding of payment of wages, salary, employment
benefits, or other compensation, plus interest, found
by the court to be due to a domestic employee under
this subtitle; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion, for a violation of this subtitle.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C.
1312(a)(1)) shall be the powers, remedies, and procedures this Act
provides to that Board, or any person, alleging an unlawful employment
practice in violation of this subtitle against a domestic employee
described in subsection (e)(1)(B).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this subtitle against a domestic employee described in subsection
(e)(1)(C).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title, shall
be the powers, remedies, and procedures this Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this subtitle against a domestic
employee described in subsection (e)(1)(D).
(e) Definition.--In section 117 and this section:
(1) Domestic employee.--Notwithstanding section 3, the term
``domestic employee'' means--
(A) a domestic employee (as defined in such
section) who is employed by an employer described in
clause (i) or (ii) of subparagraph (A) and subparagraph
(B) of paragraph (2) for the performance of domestic
services;
(B) a domestic employee (as defined in such
section) who is employed by an employer described in
subparagraphs (A)(iii) and (B) of paragraph (2) for the
performance of domestic services;
(C) a domestic employee (as defined in such
section) who is employed by an employer described in
subparagraphs (A)(iv) and (B) of paragraph (2) for the
performance of domestic services; and
(D) a domestic employee (as defined in such
section) who is employed by an employer described in
subparagraphs (A)(v) and (B) of paragraph (2) for the
performance of domestic service.
(2) Employer.--Notwithstanding section 3, the term
``employer'' means a person who is--
(A)(i) an employer, as defined in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203), who
is not covered under another clause of this
subparagraph;
(ii) an entity employing a State employee described
in section 304(a) of the Government Employee Rights Act
of 1991;
(iii) an employing office, as defined in section
101 of the Congressional Accountability Act of 1995;
(iv) an employing office, as defined in section
411(c) of title 3, United States Code; or
(v) an employing agency covered under subchapter V
of chapter 63 of title 5, United States Code; and
(B) engaged in commerce or the production of goods
for commerce or is an enterprise engaged in commerce or
in the production of goods for commerce.
SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS.
(a) In General.--Nothing in this subtitle shall--
(1) supersede a provision in a collective bargaining
agreement; or
(2) be construed to diminish the obligation of an employer
to comply with any contract, collective bargaining agreement,
or employment benefit program or plan that provides greater
rights or benefits to domestic employees than the rights
established under this Act.
(b) Other Laws.--Nothing in this subtitle shall--
(1) affect the obligation of an employer to provide a
reasonable accommodation in the form of a change to the work
schedule of a domestic employee required under any other law,
or to otherwise comply with any other law;
(2) preempt, limit, or otherwise affect the applicability
of any State or local law that provides comparable or superior
benefits for domestic employees to the requirements under this
subtitle; or
(3) diminish the rights, privileges, or remedies of any
domestic employee under any Federal or State law or under any
collective bargaining agreement.
(c) No Waivers.--The rights and remedies in this subtitle may not
be waived by a domestic employee through any agreement, policy, or
form, or as a condition of employment.
Subtitle C--Amendment to Title VII of the Civil Rights Act of 1964
SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN CIVIL RIGHTS
PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT.
Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))
is amended by striking ``but'' and inserting ``and a person who employs
a domestic employee (as defined in section 3(b)(6) of the Domestic
Worker Bill of Rights Act of 2024), but''.
TITLE II--STANDARDS BOARD AND BENEFITS
SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD.
(a) Establishment and Purposes.--The Secretary shall establish a
board to be known as the ``Domestic Employee Standards Board''
(referred to in this section as the ``Board'') to investigate standards
in the domestic employees industry and issue recommendations to the
Secretary under subsection (e)(1), in order to promote the health,
safety, and well-being of domestic employees.
(b) Membership.--
(1) Composition.--The Board shall be composed of 11
members, of which--
(A) 5 shall be individuals, appointed by the
Secretary in accordance with paragraph (2),
representing domestic employees;
(B) 5 shall be individuals, appointed by the
Secretary in accordance with paragraph (3),
representing employers of domestic employees; and
(C) 1 shall be an individual appointed by the
Secretary who is an expert on the domestic services
sector and who is from academia, the nonprofit sector,
or a Federal, State, or local governmental agency.
(2) Domestic employees seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing domestic employees
from among individuals nominated under subparagraph (B)
by eligible employee organizations.
(B) Selection of eligible employee organizations.--
The Secretary shall enter into agreements, on a
competitive basis, with eligible employee organizations
for such organizations to nominate individuals to serve
as members of the Board representing domestic
employees.
(C) Selecting individuals on the board.--For each
individual nominated under subparagraph (B), the
Secretary shall submit a report to Congress indicating
whether the Secretary has decided to appoint the
individual to the Board and the reasons for such
decision.
(D) Definition of eligible employee organization.--
In this paragraph, the term ``eligible employee
organization'' means an organization that--
(i) is not an employer of a domestic
employee or an employment agency;
(ii) represents members of the
organization, including domestic employees;
(iii)(I) is described in paragraph (3),
(4), or (5) of section 501(c) of the Internal
Revenue Code of 1986, and exempt from taxation
under section 501(a) of such Code; and
(II) is organized and operated for the
betterment of employees, including domestic
employees;
(iv) engages in public advocacy to promote
the health and well-being of domestic
employees;
(v) has a governing structure that promotes
the decisionmaking power of domestic employees;
and
(vi) submits an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require.
(3) Employer seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing employers of domestic
employees from among individuals nominated by eligible
hiring organizations under subparagraph (B).
(B) Selection of eligible hiring organizations.--
The Secretary shall enter into agreements on a
competitive basis with eligible hiring organizations
for such organizations to nominate individuals to serve
as members of the Board representing employers of
domestic employees.
(C) Selecting individuals on the board.--
(i) In general.--For each individual
nominated under subparagraph (B), the Secretary
shall submit a report to Congress indicating
whether the Secretary has decided to appoint
the individual to the Board and the reasons for
such decision.
(ii) Requirements for appointments.--The
Secretary shall ensure that--
(I) not less than 2 seats under
this paragraph are filled by an
individual who contracts with, or
hires, not less than 1 domestic
employee to work in the residence of
the individual;
(II) not less than 1 seat under
this paragraph is filled by a
nomination from an eligible hiring
organization that is dedicated to the
well-being of domestic employees;
(III) not less than 1 seat under
this paragraph is filled by an
individual who relies on a personal
care aide or assistant financed through
a State Medicaid program under title
XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
(IV) not less than 1 seat under
this paragraph is filled by an
individual who--
(aa) is an adult family
member of a Medicaid HCBS-
eligible elderly individual or
an individual with a
disability;
(bb) is an informal
provider of in-home care to
such Medicaid HCBS-eligible
elderly individual or
individual with a disability;
and
(cc) contracts with, or
hires, 1 or more domestic
employees to provide additional
care for the Medicaid HCBS-
eligible elderly individual or
individual with a disability;
(V) a single employer does not fill
more than 1 seat under this paragraph;
and
(VI) any employer serving on the
Board satisfies the requirements under
clause (iii).
(iii) Disclosure of labor violations.--
(I) In general.--The Secretary
shall require that each employer that
serves on the Board disclose to the
Secretary, with respect to the
preceding 5-year period--
(aa) any administrative
merits determination, arbitral
award or decision, or civil
judgment, rendered against the
employer for a violation of the
labor laws listed in subclause
(II); and
(bb) any steps taken by the
employer to correct a violation
of or improve compliance with
the labor laws listed in
subclause (II), including any
agreement entered into with an
enforcement agency.
(II) Labor laws.--The labor laws
described in this subclause are each of
the following:
(aa) The Fair Labor
Standards Act of 1938 (29
U.S.C. 201 et seq.).
(bb) Title VII of the Civil
Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(cc) The Occupational
Safety and Health Act of 1970
(29 U.S.C. 651 et seq.).
(III) Responsible source.--The
Secretary shall consider information
disclosed by an employer under this
clause to determine whether the
employer has a satisfactory record of
integrity and business ethics for
purposes of determining whether the
employer shall serve on the Board.
(D) Definition of eligible hiring organization.--In
this paragraph, the term ``eligible hiring
organization'' means an organization that--
(i)(I) is an agency employing 2 or more
domestic employees; or
(II) is an association of 2 or more
individuals who hire or contract with domestic
employees; and
(ii) submits an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may reasonably require.
(4) Chairperson.--The Board shall select a Chairperson from
among the members of the Board.
(5) Executive committee.--The Chairperson shall assign an
executive committee of 3 members of the Board, including not
less than 1 representative appointed under paragraph (2) and 1
representative appointed under paragraph (3). Such executive
committee shall establish an agenda and a work plan for the
Board.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve a term of 2 years.
(2) Initial members.--The Secretary shall stagger the terms
of the Board members such that--
(A) 6 of the initial members appointed to the Board
serve a term of 4 years, including 3 of the members
described in subsection (b)(1)(A) and 3 of the members
described in subsection (b)(1)(B); and
(B) 5 of the initial members appointed to the Board
serve a term of 2 years, including 2 of the members
described in subsection (b)(1)(A), 2 of the members
described in subsection (b)(1)(B), and the member
described in subsection (b)(1)(C).
(3) Vacancies.--
(A) In general.--A vacancy on the Board--
(i) shall not affect the powers of the
Board; and
(ii) shall be filled in the same manner as
the original appointment was made and shall be
subject to any conditions that applied with
respect to the original appointment.
(B) Filling unexpired terms.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
(C) Presumption.--If a member of the Board is
unable to fill the duties of the member in serving on
the Board or leaves the domestic service industry for a
period that exceeds 90 days while serving on the Board,
the seat of the member shall be considered a vacancy
for purposes of this paragraph.
(d) Meetings.--
(1) In general.--The Board shall meet at the call of the
Chairperson.
(2) Public notice.--The call of the Chairperson under
paragraph (1) shall include notice to the public of the
meeting.
(3) Initial meeting.--Not later than 90 days after the date
on which all members of the Board have been appointed, the
Board shall hold the initial meeting of the Board.
(e) Standards.--
(1) Process for recommending standards.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and every 3 years
thereafter, the Board shall issue recommendations to
the Secretary for standards that affect the well-being
of domestic employees, including recommendations for--
(i) workplace standards or regulations for
domestic employees, including standards for--
(I) occupational safety and health
standards under the Occupational Safety
and Health Act of 1970, that include
the immediate protection of domestic
employees from infectious diseases such
as COVID-19;
(II) standards or regulations,
including those on--
(aa) wages;
(bb) hours;
(cc) benefits; and
(dd) other matters that
impact working conditions;
(ii) implementing and enforcing the rights
of domestic employees granted under this Act
and other Federal laws, including rights for
minimum wage, health, safety, and other
workplace standards; and
(iii) training and certification of
domestic employees and methods to ensure that
training and certification results in higher
wages.
(B) Voting.--
(i) In general.--Any decision of the Board
regarding a recommendation issued under
subparagraph (A) shall be decided through a
vote of the Board. In any such vote--
(I) each voting member of the Board
shall have 1 vote;
(II) a quorum of the members of the
Board shall be required to be in
attendance at the vote; and
(III) the vote shall be agreed to
upon the affirmative vote of not less
than a majority of the members of the
Board present and voting.
(ii) Quorum.--A quorum required under
clause (i)(II) shall not be formed if there are
in attendance fewer than--
(I) 2 members of the Board
described in subsection (b)(1)(A); or
(II) 2 members of the Board
described in subsection (b)(1)(B).
(2) Rulemaking.--
(A) Authority.--Subject to requirements under other
law, subparagraph (B), and paragraph (3), the Secretary
may issue a rule, in accordance with section 553 of
title 5, United States Code, regarding any standard
recommended by the Board under paragraph (1).
(B) Protection from infectious diseases.--To carry
out paragraph (1)(A)(i)(I), the Assistant Secretary of
Labor for Occupational Safety and Health may promulgate
rules regarding occupational safety and health
standards under authority and procedures of the
Occupational Safety and Health Act of 1970 that include
the immediate protection of domestic employees from
infectious diseases such as COVID-19.
(C) Decision.--
(i) In general.--Not later than 90 days
after receiving a recommendation from the Board
under paragraph (1), the Secretary shall
provide a response on--
(I) whether the Secretary will
issue a rule under subparagraph (A)
regarding such recommendation; and
(II) if the Secretary issues such a
rule, whether the Secretary will
deviate from such recommendation
through such rule.
(ii) Explanatory statement.--If the
Secretary decides not to issue a rule under
subparagraph (A) regarding a recommendation
under paragraph (1) or decides to deviate from
such recommendation in such a rule, the
Secretary shall have 90 days after receiving
such recommendation to issue a statement
explaining the decision.
(D) Workplace standards.--No standard included in a
rule issued under subparagraph (A) may be for a
workplace standard that is less protective of domestic
employees than any law in effect on the date of
enactment of this Act for domestic employees under any
Federal, State, or local law.
(3) Recommendations to congress.--
(A) In general.--For any recommendation made by the
Board under paragraph (1) that the Secretary determines
is not within the authority of the Secretary, the
Secretary shall make a recommendation to Congress to
take action on the recommendation.
(B) Hearing and investigations.--Not later than 1
year after such a recommendation is made by the
Secretary to Congress under subparagraph (A), Congress
shall conduct a hearing on and investigate the
recommendation.
(C) Rulemaking.--This paragraph is enacted by
Congress--
(i) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure
to be followed in that House in the case of a
joint resolution, and it supersedes other rules
only to the extent that it is inconsistent with
such rules; and
(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
(f) Powers.--
(1) Hearings.--
(A) In general.--The Board may hold such hearings,
meet and act at such times and places, take such
testimony, and receive such evidence as the Board
considers advisable to carry out this section.
(B) Required public hearings.--The Board shall,
prior to issuing any recommendation under this section,
hold public hearings to enable domestic employees
across the United States to have access to the Board.
Any such public hearing shall--
(i) be held at such a time, in such a
location, and in such a facility that ensures
accessibility for domestic employees;
(ii) include interpretation services in the
languages most commonly spoken by domestic
employees in the geographic region of the
hearing;
(iii) be held in each of the regions served
by the regional offices of the Wage and Hour
Division of the Department of Labor; and
(iv) include eligible employee
organizations in helping to populate the
hearings.
(2) Information from federal agencies.--
(A) In general.--The Board may secure directly from
a Federal agency such information as the Board
considers necessary to carry out this section.
(B) Provision of information.--On request of the
Chairperson of the Board, the head of the agency shall
provide the information to the Board.
(3) Postal services.--The Board may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(4) Gifts.--The Board may accept, use, and dispose of gifts
or donations of services or property.
(g) Board Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the Board
who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the Board.
(B) Federal employees.--A member of the Board who
is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Board.
(3) Staff.--
(A) In general.--The Chairperson of the Board may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive
director and such other additional personnel as are
necessary to enable the Board to perform the duties of
the Board.
(B) Required staff members.--The Secretary shall,
in accordance with subparagraph (A), designate not
fewer than 2 full-time staff members to support the
operation of the Board through logistical,
administrative, and legislative activities.
(C) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Board.
(D) Compensation.--
(i) In general.--Except as provided in
clause (ii), the Chairperson of the Board may
fix the compensation of the executive director
and other personnel without regard to the
provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Detail of federal government employees.--
(A) In general.--An employee of the Federal
Government may be detailed to the Board without
reimbursement.
(B) Civil service status.--The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson of the Board may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(h) Rule of Construction for Reporting Requirements.--
(1) In general.--Neither the nomination by an eligible
employee organization of 1 or more individuals to serve as
members of the Board, nor service on the Board by a
representative of an eligible employee organization, shall--
(A) make the eligible employee organization subject
to the reporting requirements for labor organizations
under title II of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
(B) be considered as a factor in any determination
of whether the eligible employee organization is
subject to such reporting requirements.
(2) LMRDA requirements.--The status of an organization as
an eligible employee organization shall not, by itself, make
the organization subject to any reporting requirements under
the Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 401 et seq.).
(3) Definition of eligible employee organization.--For
purposes of this subsection, the term ``eligible employee
organization'' has the meaning given such term in subsection
(b)(2)(D).
(i) Rule of Construction for State and Local Standards.--Nothing in
this section shall preempt a State or local law with greater
protections for domestic employees than the protections for such
employees included in a standard issued through a rule under subsection
(e)(2).
(j) Effect on Existing Domestic Employee Benefits.--
(1) More protective.--Nothing in this section shall be
construed to diminish the obligation of an employer to comply
with any contract, collective bargaining agreement, or any
domestic employee benefit program or plan that provides greater
rights or benefits to domestic employees than the rights
established under this Act.
(2) Less protective.--The rights established for domestic
employees under this section shall not be diminished by any
contract, collective bargaining agreement, or any benefit
program or plan.
(k) Applicability of Law.--Section 1013(a)(2) of title 5, United
States Code, shall not apply to the Board.
SEC. 202. DOMESTIC EMPLOYEES' BENEFITS STUDY.
(a) Study.--
(1) In general.--The Secretary shall conduct a study, which
may be through a contract with another entity, for the purpose
of providing information to labor organizations, employers, and
the general public concerning how to increase the number of
domestic employees who have access to a secure retirement,
affordable health care, unemployment insurance, life insurance,
and other common benefits provided to employees of large
private and public sector employers.
(2) Matters.--The study conducted under paragraph (1) shall
include--
(A) a review of--
(i) the levels of access to and usage of
benefits for domestic employees, including
retirement savings, health insurance, and
reduced health care costs, paid sick time,
unemployment insurance, disability and life
insurance, and paid family and medical leave;
(ii) barriers for domestic employees to--
(I) participate in the old-age,
survivors, and disability insurance
program established under title II of
the Social Security Act (42 U.S.C. 401
et seq.);
(II) obtain disability insurance;
(III) access and use benefits,
including the old-age, survivors, and
disability insurance program
established under title II of the
Social Security Act (42 U.S.C. 401 et
seq.), the Medicare program established
under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.),
the Medicaid program established under
title XIX of that Act (42 U.S.C. 1396
et seq.), unemployment insurance, any
benefits provided under the Patient
Protection and Affordable Care Act
(Public Law 111-148), including the
amendments made by that Act, paid
family and medical leave, paid sick
time, and any additional benefits
identified by the Secretary, including
such benefits that are portable from
job to job;
(IV) otherwise access affordable
health insurance; and
(V) access any other benefits
described in clause (i);
(iii) the portability of work-related
benefits for domestic employees and the laws,
including regulations, preventing innovation,
and improvement in the portability of such
benefits; and
(iv) whether domestic employees benefitted
from the emergency family and medical leave and
emergency paid sick leave provisions under the
Families First Coronavirus Response Act (Public
Law 116-127), including the amendments made by
that Act, and lessons learned from the
implementation of such provisions;
(B) an identification and analysis of State and
nongovernmental innovations that can serve as potential
replicable models on the national level to increase
access to work-related benefits for domestic employees,
through portability, outreach, enrollment, and other
strategies;
(C) a comparison of the ability of domestic
employees to access, be eligible for, and participate
in public and private sector work-related benefits
compared to such ability of other employees;
(D) a study on the coverage of domestic employees
under State employees' compensation laws, including in
all 50 States, the District of Columbia, and
territories of the United States; and
(E) recommendations for innovations and reforms
that would--
(i) ensure domestic employees could--
(I) access and use benefits,
including the old-age, survivors, and
disability insurance program
established under title II of the
Social Security Act (42 U.S.C. 401 et
seq.), the Medicare program established
under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.),
the Medicaid program established under
title XIX of that Act (42 U.S.C. 1396
et seq.), unemployment insurance, any
benefits provided under the Patient
Protection and Affordable Care Act
(Public Law 111-148), including the
amendments made by that Act, paid
family and medical leave, paid sick
time, and any additional benefits
identified by the Secretary, including
such benefits that are portable from
job to job; and
(II) have contributions for the
benefits described in subclause (I)
from multiple employers as applicable;
(ii) provide adequate levels of such
benefits for domestic employees; and
(iii) enable a domestic employee to have
access to such benefits through multiple jobs
the employee may have.
(b) Report.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall submit to the President and Congress a
report on the study conducted under subsection (a) that includes each
of the following:
(1) The findings and conclusions of the study, including
its findings and conclusions with respect to the matters
described in subsection (a)(2).
(2) Considerations for laws, including regulations, that
should be reviewed to address barriers impacting domestic
employees.
(3) Other information and recommendations with respect to
benefits for domestic employees as the Secretary considers
appropriate.
TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS
SEC. 301. DEFINITIONS.
In this title:
(1) Domestic workers bill of rights.--The term ``domestic
workers bill of rights''--
(A) means the rights and protections provided to
domestic employees under this Act, and the amendments
made by this Act, including (as applicable)--
(i) coverage of live-in domestic employees,
as defined in section 8(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 208(a)), under
the overtime requirements of section 7 of such
Act (29 U.S.C. 207);
(ii) the right of live-in domestic
employees, as so defined, to certain notices
and communications under section 8 of such Act
(29 U.S.C. 208);
(iii) any minimum wage for domestic
employees that may be established pursuant to a
recommendation to Congress under section
201(e)(3);
(iv) the applicability of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.);
(v) the labor rights and privacy
protections provided to domestic employees
under subtitle B of title I, including--
(I) the right of certain domestic
employees to a written agreement under
section 110;
(II) the right of certain domestic
employees to earned paid sick time
provided under section 111;
(III) the fair scheduling practices
required under section 112 with respect
to certain domestic employees;
(IV) the right of certain domestic
employees to request and receive
temporary changes to scheduled work
hours for certain personal events under
section 113;
(V) the privacy protections under
section 114;
(VI) the right to meal and rest
breaks in accordance with section 115;
(VII) the protection from wage
deductions for cash shortages,
breakages, or loss under subsection (a)
of section 116 and wage deductions or
other penalties for communications
described in subsection (b) of such
section; and
(VIII) the protection against
retaliation under section 117(b); and
(vi) the availability of the national
domestic employee hotline supported under
section 304, including the phone number and
other contact methods for the hotline; and
(B) includes any rules promulgated by the Secretary
under this Act, or the amendments made by this Act, and
any standard recommended by the Board that is
promulgated as such a rule or otherwise implemented by
the Secretary.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an organization described in paragraph (3),
(5), or (6) of section 501(c) of the Internal Revenue
Code of 1986, and exempt from taxation under section
501(a) of such Code, that--
(i) has a board of directors, at least one-
half of the members of which is comprised of--
(I) domestic employees; or
(II) representatives of
organizations of such employees, which
organization is independent from all
businesses, organizations,
corporations, or individuals that would
pursue any financial interest in
conflict with that of the employees;
(ii) is independent, as described in clause
(i)(II);
(iii) has--
(I) expertise in domestic service
and the workforce of domestic
employees; and
(II) a track record of working with
domestic employees; and
(iv) operates in a jurisdiction with a
significant population of domestic employees;
or
(B) a partnership of organizations described in
subparagraph (A).
(3) Notice of domestic employee rights.--The term ``notice
of domestic employee rights'' means the document created and
made available by the Secretary under section 302(a).
SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS.
(a) Providing Notice of Rights to Domestic Employees.--
(1) Notice of rights.--The Secretary shall create, and make
available, a notice of domestic employee rights document that
describes the rights and protections provided by the domestic
workers bill of rights and any other protections and other
rights afforded under Federal law to domestic employees.
(2) Availability and accessibility of notice.--The notice
of domestic employee rights shall be--
(A) a written document made available online,
including through the website described in subsection
(b); and
(B) available in English, Spanish, and other
languages understood by domestic employees, which shall
be determined by the Secretary and include, at a
minimum, the translation languages for the basic
information fact sheet (or any successor document)
produced by the Department of Labor.
(b) Establishing a Domestic Employees Rights Website.--Not later
than 180 days after the date of enactment of this Act, the Secretary
shall establish a single web page on the website of the Department of
Labor that summarizes in plain language the rights of domestic
employees under the domestic workers bill of rights.
SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS
ENFORCEMENT.
(a) Establishment.--There is established an Interagency Task Force
on Domestic Workers Bill of Rights Enforcement (referred to in this
section as the ``Task Force'').
(b) Members.--The Task Force shall consist of--
(1) representatives of the Department of Labor selected by
the Secretary, including representatives of the Wage and Hour
Division, representatives of the Occupational Safety and Health
Administration, and representatives of the Office of the
Solicitor of Labor;
(2) representatives of the Department of Health and Human
Services selected by the Secretary of Health and Human
Services, including representatives of the Centers for Medicare
& Medicaid Services and representatives of the Administration
for Community Living; and
(3) representatives of the Equal Employment Opportunity
Commission, selected by the Commission.
(c) Initial Meeting.--The Task Force shall hold its first meeting
by not later than 90 days after the date of enactment of this Act.
(d) Duties.--
(1) Recommendations regarding workplace challenges.--
Beginning not later than 180 days after the date of enactment
of this Act, the Task Force shall--
(A) examine the issues and challenges facing
domestic employees who come forward to enforce their
workplace rights;
(B) identify challenges agencies enforcing these
workplace rights have in reaching domestic employees
and enforcing such rights, including by conducting
hearings in each of the regions served by the regional
offices of the Wage and Hour Division of the Department
of Labor to hear directly from domestic employees,
advocates, and officials or employees of such agencies
in the regional and local areas; and
(C) develop a set of recommendations, including
sample legislative language, on the best enforcement
strategies to protect the workplace rights of domestic
employees, including--
(i) how to reach, and enforce the rights
of, domestic employees;
(ii) ways for Federal agencies to work
together or conduct joint enforcement of
workplace rights for domestic employees, as
domestic employees who experience one type of
violation are likely also experiencing other
types of violations; and
(iii) ways the Task Force can work with
State and local enforcement agencies on the
enforcement of workplace rights for domestic
employees.
(2) Report.--Not later than 1 year after the date of the
first meeting of the Task Force, the Task Force shall prepare
and submit a report to Congress regarding the recommendations
described in paragraph (1)(C).
(3) Joint enforcement.--
(A) In general.--For a period of not more than 3
years after the date of enactment of this Act, the Task
Force shall carry out such actions as the Task Force
determines necessary to support joint enforcement by
Federal agencies of violations of the rights of
domestic employees.
(B) Report.--At the end of the 3-year period
described in subparagraph (A), the Task Force shall
submit a report to Congress regarding the efficacy of
such joint enforcement.
(4) Audit of federal enforcement strategies.--Not later
than 3 years after the date of enactment of this Act, and every
3 years thereafter, the Task Force shall--
(A) conduct an audit of the Federal enforcement
strategies relating to the rights of domestic
employees; and
(B) prepare and submit to Congress a report
regarding the results of the audit.
(5) Consultation regarding community-based enforcement
demonstration projects.--Upon the request of the Secretary, the
Task Force shall review, and provide recommendations regarding,
the applications for community-based enforcement grants under
section 305.
SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE.
The Secretary shall award a grant, on a competitive basis, to an
eligible entity for a national hotline that domestic employees may call
to seek assistance on any domestic employee-related issue.
SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND
ENFORCEMENT OF DOMESTIC EMPLOYEE RIGHTS.
(a) Program Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Secretary, after consultation with the
Interagency Task Force on Domestic Workers Bill of Rights
Enforcement, shall award grants to eligible entities to enable
the eligible entities to expand and improve cooperative efforts
between Federal agencies and members of the community, in order
to--
(A) enhance the enforcement of the domestic workers
bill of rights and other workplace rights provided to
domestic employees under relevant Federal, State, and
local laws;
(B) educate domestic employees of their rights
under the domestic workers bill of rights and other
workplace rights under Federal, State, and local laws;
(C) educate employers regarding their
responsibilities and obligations under the domestic
workers bill of rights and other relevant Federal,
State, and local laws; and
(D) assist domestic employees in pursuing their
workplace rights under the domestic workers bill of
rights and other relevant Federal, State, or local
laws.
(2) Duration of grants.--Each grant awarded under this
section shall be for a period of not more than 3 years.
(b) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Partnership applications.--In the case of an eligible
entity that is a partnership, the eligible entity may
designate, in the application, a single organization in the
partnership as the lead entity for purposes of receiving and
disbursing funds.
(3) Contents.--An application described in paragraph (1)
shall include--
(A) a description of a plan for the demonstration
project that the eligible entity proposes to carry out
with a grant under this section, including a long-term
strategy and detailed implementation plan that reflects
expected participation of, and partnership with,
community partners; and
(B) information on the training and education that
will be provided to domestic employees and employers of
such employees under such program.
(c) Selection.--
(1) In general.--Subject to paragraph (2), the Secretary
shall award grants under this section on a competitive basis.
(2) Distribution through regions.--In awarding grants under
this section, the Secretary shall ensure that a grant is
awarded to an eligible entity in each region represented by a
regional office of the Wage and Hour Division of the Department
of Labor, to the extent practicable based on the availability
of appropriations and the applications submitted.
(d) Use of Funds.--An eligible entity receiving a grant under this
section shall use the grant funds to develop a community partnership
and establish and support, through the partnership, 1 or more of the
following activities:
(1) Disseminating information and conducting outreach and
training to educate domestic employees about the rights and
protections provided under the domestic workers bill of rights.
(2) Conducting educational training for employers about
their obligations under the domestic workers bill of rights.
(3) Conducting orientations and training jointly with
relevant Federal agencies, including the Interagency Task Force
established under section 303, regarding the rights and
protections provided under the domestic workers bill of rights.
(4) Providing mediation services between private-pay
employers and employees.
(5) Providing assistance to domestic employees in filing
claims relating to violations of the domestic workers bill of
rights, either administratively or in court.
(6) Monitoring compliance by employers with the domestic
workers bill of rights.
(7) Establishing networks for education, communication, and
participation in the community relating to the domestic workers
bill of rights.
(8) Evaluating the effectiveness of programs designed to
prevent violations of the domestic workers bill of rights and
enforce the domestic workers bill of rights.
(9) Recruiting and hiring staff and volunteers for the
activities described in this subsection.
(10) Producing and disseminating outreach and training
materials.
(11) Any other activity as the Secretary may reasonably
prescribe through notice and comment rulemaking.
(e) Memoranda of Understanding.--
(1) In general.--Not later than 60 days after receiving a
grant under this section, an eligible entity shall negotiate
and finalize with the Secretary a memorandum of understanding
that sets forth specific goals, objectives, strategies, and
activities that will be carried out under the grant by the
eligible entity through a community partnership.
(2) Signatures.--A representative of the eligible entity
receiving a grant (or, in the case of an eligible entity that
is a partnership, a representative of each organization in the
partnership) and the Secretary shall sign the memorandum of
understanding under this subsection.
(3) Revisions.--A memorandum of understanding under this
subsection shall be reviewed and revised by the eligible entity
and the Secretary each year for the duration of the grant.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 306. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall issue a rule to facilitate the use of fiscal
intermediaries that enable payments between domestic employees and
employers of such employees, to improve transparency, enforcement, and
working conditions of domestic employees.
SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO PROVIDE MEDICAID-FUNDED
SERVICES.
(a) Regulations To Apply Domestic Employee Protections and
Rights.--Not later than 1 year after the date of enactment of this Act,
the Secretary and the Secretary of Health and Human Services jointly
shall develop and issue regulations regarding the application of the
protections and rights afforded to domestic employees including
personal care aides or assistants who provide services described in
subsection (b) that are funded under the State plan under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), or under a waiver of
such plan, including through a contract or other arrangement with a
managed care entity (as defined in section 1932(a)(1)(B) of the Social
Security Act (42 U.S.C. 1396u-2(a)(1)(B))), to individuals enrolled in
such plan or waiver. The regulations issued under this subsection shall
recognize the role of self-directed care for individuals with
disabilities and shall--
(1) protect, stabilize, and expand the domestic employee
and personal care aide or assistant workforce;
(2) recognize the role of self-directed care for
individuals with disabilities;
(3) prohibit States from requiring individuals with
disabilities who self-direct their care to use their direct
service budget to pay for costs resulting from the application
of such protections and rights to domestic employees (such as
paid sick time, penalties, or overtime pay) except to the
extent that such costs are directly related to the provision of
services described in subsection (b) to such individuals;
(4) facilitate Federal and State compliance with section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), and the holdings of the Supreme Court in Olmstead v.
L.C., 527 U.S. 581 (1999) and companion cases; and
(5) prohibit States from reducing the level at which States
make medical assistance for the services described in
subsection (b) available under the State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) or under a
waiver of such plan as a result of the application of
protections and rights afforded to domestic employees who
provide such services.
(b) Services Described.--The services described in this subsection
are the following:
(1) Home health care services authorized under paragraph
(7) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)).
(2) Personal care services authorized under paragraph (24)
of such section.
(3) PACE services authorized under paragraph (26) of such
section.
(4) Home and community-based services authorized under
subsections (b), (c), (i), (j), and (k) of section 1915 of such
Act (42 U.S.C. 1396n), such services authorized under a waiver
under section 1115 of such Act (42 U.S.C. 1315), and such
services provided through coverage authorized under section
1937 of such Act (42 U.S.C. 1396u-7).
(5) Case management services authorized under section
1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19))
and section 1915(g) of such Act (42 U.S.C. 1396n(g)).
(6) Rehabilitative services, including those related to
behavioral health described in section 1905(a)(13) of such Act
(42 U.S.C. 1396d(a)(13)).
(7) Such other services specified by the Secretary of
Health and Human Services.
SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS.
(a) In General.--Notwithstanding any other provision of this Act,
the Secretary shall delay all enforcement relating to the provisions of
this Act, or the amendments made by this Act, with respect to a
Federal, State, or local governmental agency, or an entity operating
under a grant, contract, or other agreement for such agency, until the
day that is 2 years after the date of enactment of this Act.
(b) Extension Option.--The Secretary may extend the 2-year delay
period in enforcement under subsection (a) with respect to a Federal,
State, or local governmental agency, or an entity operating under a
grant, contract, or other agreement for such agency, for an additional
1-year period, if, through a process established by the Secretary, the
Secretary determines the delay appropriate. In applying the preceding
sentence, a delay in issuing the regulations required under section 307
shall be deemed a reason to extend the delayed enforcement period.
(c) Delay of Enforcement Through Civil Actions by Domestic
Employees Providing Services Funded Under Medicaid.--No action may be
brought under section 118(a)(3) against an employer of a domestic
employee that receives payment under a State Medicaid plan or waiver
under title XIX of the Social Security Act for providing any services
described in section 307(b), until on or after the date that is 2 years
after the date of enactment of this Act.
TITLE IV--FUNDING
SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY
DOMESTIC EMPLOYEES.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (b), by striking ``and (ii)'' and
inserting ``(ii), and (jj)''; and
(2) by adding at the end the following new subsection:
``(jj) Increased FMAP for Medical Assistance for Certain Services
Provided by Domestic Employees.--
``(1) In general.--Notwithstanding subsection (b) and
subsection (y), with respect to amounts expended by a State for
medical assistance described in paragraph (3) that is provided
by a domestic employee (as such term is defined in section 3 of
the Domestic Workers Bill of Rights Act) during a fiscal
quarter that occurs in the 20-quarter period beginning with the
first fiscal quarter that begins on or after the date of
enactment of this subsection, the Federal medical assistance
percentage otherwise determined under subsection (b) and
subsection (y) for the State and quarter shall, after the
application of any other increase to the Federal medical
assistance percentage for the State and quarter applicable
under any other provision of law, be increased (not to exceed
100 percent) by the applicable number of percentage points
determined for the State under paragraph (2).
``(2) Applicable number of percentage points.--
``(A) In general.--For purposes of paragraph (1),
the Secretary shall determine the applicable number of
percentage points for each State.
``(B) Considerations.--In determining the
applicable number of percentage points for a State
under this subsection, the Secretary shall--
``(i) estimate the increase in costs to the
State of furnishing medical assistance
described in paragraph (3) that is provided by
a domestic employee (as such term is defined in
section 3 of the Domestic Workers Bill of
Rights Act) that is attributable to the
requirements of such Act and the amendments
made by such Act with respect to labor
protections and benefits for domestic
employees; and
``(ii) determine the appropriate number of
percentage points by which to increase the
Federal medical assistance percentage otherwise
determined for the State under subsection (b)
or (y) to ensure that such increase in costs
does not result in the State reducing the level
of medical assistance described paragraph (3)
that is provided by domestic employees under
the State plan (or a waiver of such plan).
``(3) Medical assistance described.--The medical assistance
described in this paragraph is the following:
``(A) Home health care services authorized under
paragraph (7) of subsection (a).
``(B) Personal care services authorized under
paragraph (24) of such subsection.
``(C) PACE services authorized under paragraph (26)
of such subsection.
``(D) Home and community-based services authorized
under subsections (b), (c), (i), (j), and (k) of
section 1915, such services authorized under a waiver
under section 1115, and such services provided through
coverage authorized under section 1937.
``(E) Case management services authorized under
subsection (a)(19) and section 1915(g).
``(F) Rehabilitative services, including those
related to behavioral health, described in subsection
(a)(13).
``(G) Such other services specified by the
Secretary.
``(4) Maintenance of effort requirement.--A State may not
receive the increase described in paragraph (1) with respect to
a quarter if the eligibility standards, methodologies, or
procedures applicable to the provision of medical assistance
described in paragraph (3) under the State plan (or waiver of
such plan) are more restrictive during such quarter than the
eligibility standards, methodologies, or procedures,
respectively, applicable to the provision of such assistance
under such plan (or waiver) as in effect on the date of
enactment of this subsection.
``(5) Disregard from territorial payment caps.--Any payment
made to Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, or American Samoa that is subject to the
Federal medical assistance percentage increase specified under
paragraph (1) shall not be taken into account for purposes of
applying payment limits under subsections (f) and (g) of
section 1108.''.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, and
the amendments made by this Act, such sums as may be necessary.
TITLE V--SEVERABILITY
SEC. 501. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision or
amendment to other persons or circumstances, shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.