I 

114TH CONGRESS 

1ST SESSION H. R. 3860 

To preserve the companionship services exemption for minimum wage and 

overtime pay, and the live-in domestic services exemption for overtime 

pay, under the Fair Labor Standards Act of 1938. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2015 

Mr. WALBERG (for himself, Mr. ROKITA, Mr. SMITH of Nebraska, Mr. ROE

of Tennessee, Mr. BROOKS of Alabama, Ms. JENKINS of Kansas, and Mr. 

BUCSHON) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To preserve the companionship services exemption for minimum wage and overtime pay, and the live-in domestic 

services exemption for overtime pay, under the Fair 

Labor Standards Act of 1938. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Access to 

5 Affordable and Quality Home Care for Seniors and People 

6 with Disabilities Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 Section 3 of the Fair Labor Standards Act of 1938 

3 (29 U.S.C. 203) is amended by adding at the end the fol4 lowing: 

5 ‘‘(z)(1)(A) Except as provided in subparagraph (B), 

6 ‘companionship services’ as used in section 13(a)(15), 

7 means services that provide fellowship, care, and protec8 tion for individuals who, because of advanced age or phys9 ical or mental infirmity, are unable to care for themselves, 

10 including non-medical in-home personal care (which in11 cludes assistance with activities of daily living and instru12 mental activities of daily living) and household work re13 lated to the care of the aged or infirm individuals (such 

14 as meal preparation, bed making, washing of clothes, er15 rands, assistance to appointments, laundry, medication re16 minders, bathing, assistance with incontinence and groom17 ing, and other similar services). Such term may include 

18 the performance of general household work, provided that 

19 such work does not exceed 20 percent of the total weekly 

20 hours worked. 

21 ‘‘(B) ‘Companionship services’ does not include serv22 ices relating to the care and protection of the aged or in23 firm that require and are performed by trained medical 

24 personnel, such as a registered or practical nurse. 

25 ‘‘(2) ‘Domestic service’ as used in subsections (a)(15) 

26 and (b)(21) of section 13, means services of a household 


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1 nature performed by an employee in or about a private 

2 home (permanent or temporary), including employees such 

3 as cooks, waiters, butlers, valets, maids, housekeepers, 

4 nannies, nurses, janitors, laundresses, caretakers, handy5 men, gardeners, certified nursing assistants, home care 

6 aides, home health aides, personal care aides, chauffeurs 

7 of automobiles for family use, and babysitters employed 

8 on other than a casual basis. 

9 ‘‘(3) ‘Third-party employment’ as used in subsections 

10 (a)(15) and (b)(21) of section 13, means the employment 

11 of any employee who is engaged in providing companion12 ship services or live-in domestic services and who is em13 ployed by an employer other than the family or household 

14 using the services of the employee, whether or not such 

15 employee provides services to more than one family or 

16 household in the same workweek.’’. 

17 SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES 

18 EXEMPTION. 

19 Paragraph (15) of section 13(a) of the Fair Labor 

20 Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amend21 ed— 

22 (1) by inserting ‘‘(including through third-party 

23 employment)’’ after ‘‘companionship services’’; and 

24 (2) by striking ‘‘(as such terms are defined and 

25 delimited by regulations of the Secretary)’’. 


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1 SEC. 4. PRESERVATION OF THE LIVE-IN DOMESTIC SERV2 ICES EXEMPTION. 

3 Paragraph (21) of section 13(b) of the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 213(b)(21)) is amended 

5 by inserting ‘‘(including through third-party employ6 ment)’’ after ‘‘domestic service’’. 

Æ 


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