II 

118TH CONGRESS 

2D SESSION S. 4552 

To enhance the rights of domestic employees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2024 

Mrs. GILLIBRAND (for herself, Mr. LUJA ́N, Ms. BALDWIN, Mr. BLUMENTHAL, 

Ms. BUTLER, Mr. CASEY, Ms. DUCKWORTH, Mr. DURBIN, Mr. 

FETTERMAN, Mr. KAINE, Ms. KLOBUCHAR, Mr. MARKEY, Mr. MERKLEY, 

Mr. SANDERS, Ms. WARREN, and Mr. WELCH) introduced the following 

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To enhance the rights of domestic employees, and for other 

purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Domestic Workers Bill of Rights Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Rulemaking authority. 


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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. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) There are an estimated 2,200,000 domestic 

4 employees across the United States working in pri5 vate homes to provide direct care, child care, and 

6 house-cleaning services. 

7 (2) Domestic work is a job-enabling job that 

8 makes all other work possible. It is labor that cannot 

9 be outsourced to individuals abroad, nor is it close 

10 to being automated. Without the millions of domes11 tic employees caring for children, seniors, and people 

12 with disabilities, and cleaning homes, much of the 

13 economy would come to a standstill. 

14 (3) During the COVID–19 pandemic, domestic 

15 work and other low-wage service jobs, disproportion16 ately held by women, women of color, and immi17 grants, were deemed essential. This crisis showed 

18 how essential these jobs have always been to our 

19 economy. At great risk to the health of themselves 

20 and their families, domestic employees worked on 

21 the frontlines of the pandemic to provide care to 

22 those more vulnerable to COVID–19, seniors, and 

23 individuals with disabilities, and provided child care 

24 for the children of essential workers and other work25 ers. A study of Black immigrant domestic employees 

26 conducted by the Institute for Policy Studies and 


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1 the National Domestic Workers Alliance in May and 

2 June of 2020 found that 25 percent of employees 

3 surveyed experienced or lived with someone who had 

4 experienced COVID–19 symptoms. Seventy-three 

5 percent of such employees surveyed indicated that 

6 they did not receive personal protective equipment 

7 (‘‘PPE’’) from their employers. 

8 (4) Domestic employees experienced a rapid 

9 and sustained loss of jobs during the COVID–19 

10 pandemic, which exacerbated the existing financial 

11 insecurity experienced by many domestic employees. 

12 Surveys from the National Domestic Workers Alli13 ance and NDWA Labs between March and Sep14 tember 2020 found that for 6 consecutive months, 

15 more than half of domestic employees surveyed were 

16 unable to pay their rent or mortgage. Nearly 75 per17 cent of employees surveyed did not receive any com18 pensation when their jobs were canceled. 

19 (5) The employment of individuals in domestic 

20 service in households affects commerce, as described 

21 in section 2(a) of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 202(a)), and thus many domestic 

23 employees are employees covered under the Fair 

24 Labor Standards Act of 1938. Moreover, domestic 


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1 services provided by any domestic employee for an 

2 employer affect commerce. 

3 (6) Domestic employees are hired or contacted 

4 for work by phone, mail, or internet, or through 

5 newspaper ads, and travel to work through transpor6 tation on interstate highways, interstate transit, or 

7 vehicles in interstate commerce. 

8 (7) In 2023, the Bureau of Labor Statistics 

9 predicted that between 2021 and 2031— 

10 (A) the number of new jobs for home 

11 health and personal care aides will increase by 

12 25 percent, which is an increase of 711,700 

13 jobs; and 

14 (B) the number of new jobs for child care 

15 positions will increase by 6 percent. 

16 (8) The COVID–19 pandemic increased the de17 mand for in-home child care. According to the Cen18 ter for Translational Neuroscience at the University 

19 of Oregon, the percentage of parents reporting use 

20 of home-based child care has grown since the onset 

21 of the pandemic from 27 percent to 31 percent by 

22 September 2021. 

23 (9) An increasing number of employees, includ24 ing domestic employees, are finding work on online 

25 platforms. An analysis from the JPMorgan Chase 


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1 Institute found that between 2013 and 2020, the 

2 percentage of adults that had earned income from 

3 online platforms increased from 0.3 percent to 2.5 

4 percent. 

5 (10) Nine out of 10 domestic employees are 

6 women and such women are disproportionately peo7 ple of color and immigrants. Women, people of color, 

8 and immigrants have historically faced barriers to 

9 employment and economic advancement. According 

10 to the Economic Policy Institute, domestic employ11 ees also tend to be older than other employees. Two 

12 in 5 domestic employees are age 50 or older, while 

just 1 13 ⁄3 of all other employees are at least 50 years 

14 old. 

15 (11) Domestic employees are paid low wages, 

16 can be subjected to workplace health and safety haz17 ards, and face difficulties saving for retirement. An 

18 Economic Policy Institute analysis of data from the 

19 Current Population Survey indicates that the aver20 age wage for a domestic employee is approximately 

21 $13.79 per hour or $18,360 per year if working full22 time. In practice, the average wage for a domestic 

23 employee is less than such approximation given that 

24 domestic work has largely been negotiated in the in25 formal labor market. 


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1 (12) Low-wage employees, including domestic 

2 employees, experience high rates of minimum wage 

3 and overtime violations, violations of laws related to 

4 workers’ compensation and other workplace benefits, 

5 and illegal retaliation. A 2017 study from the Eco6 nomic Policy Institute found that 2,400,000 employ7 ees, 17 percent of the low-wage workforce, experi8 ences wage theft. A 2009 report from the National 

9 Employment Law Project found that employment in 

10 private homes was one of the 3 industries with the 

11 highest rates of employment and labor law viola12 tions. 

13 (13) A landmark study of domestic employees 

14 published in 2012 by the National Domestic Work15 ers Alliance, the Center for Urban Economic Devel16 opment of the University of Illinois at Chicago, and 

17 DataCenter titled ‘‘Home Economics: The Invisible 

18 and Unregulated World of Domestic Work’’ indi19 cated poor working conditions across the domestic 

20 employees industry. The findings of such study in21 cluded that— 

22 (A) domestic employees have little control 

23 over their working conditions and employment 

24 is usually arranged without a written contract; 


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1 (B) 35 percent of domestic employees 

2 interviewed reported that they worked long 

3 hours without breaks in the year immediately 

4 preceding the interview; 

5 (C) 25 percent of live-in domestic employ6 ees had responsibilities that prevented them 

7 from getting at least 5 hours of uninterrupted 

8 sleep at night during the week immediately pre9 ceding the interview; and 

10 (D) 91 percent of domestic employees 

11 interviewed who encountered problems with 

12 their working conditions in the year imme13 diately preceding the interview did not complain 

14 about their working conditions because they 

15 were afraid they would lose their job. 

16 (14) The study described in paragraph (13) 

17 found that domestic employees have little access to 

18 federally supported employment benefits. For in19 stance— 

20 (A) less than 2 percent of such employees 

21 receive retirement or pension benefits, and less 

22 than 9 percent of such employees work for em23 ployers that collect payroll taxes on wages paid 

24 to such employees to provide eligibility for SoVerDate Sep 11 2014 22:43 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4552.IS S4552

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1 cial Security disability and retirement benefits; 

2 and 

3 (B) 65 percent of such employees do not 

4 have health insurance and only 4 percent of 

5 such employees receive employer-provided insur6 ance, despite the fact that domestic work is 

7 hazardous and often results in illness or phys8 ical injuries. 

9 (15) Compounding these challenges is the fact 

10 that many domestic employees have been, and in 

11 many cases continue to be, excluded from key provi12 sions of labor and employment laws like the Occupa13 tional Safety and Health Act of 1970 (29 U.S.C. 

14 651 et seq.) and the National Labor Relations Act 

15 (29 U.S.C. 151 et seq.). Live-in domestic employees 

16 solely employed by private households remain ex17 cluded from the overtime protections under the Fair 

18 Labor Standards Act of 1938 (29 U.S.C. 201 et 

19 seq.). Minimum employee threshold rules, 

20 misclassification of domestic employees as inde21 pendent contractors, and exclusion of independent 

22 contractors from coverage mean that most domestic 

23 employees are also de facto excluded from Federal 

24 civil rights protections, including protections under 


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1 title VII of the Civil Rights Act of 1964 (29 U.S.C. 

2 2000e et seq.) and other laws. 

3 (16) The International Labour Organization’s 

4 Domestic Workers Convention, adopted in 2011, 

5 calls for domestic employees to have the right to 

6 freedom of association and collective actions, protec7 tions against harassment, privacy rights, and the 

8 right to be informed of conditions of employment. 

9 This Convention also calls for the right of domestic 

10 employees to keep their travel documents, the right 

11 to overtime compensation and rest breaks, the right 

12 to minimum wage coverage, the right to occupational 

13 safety and health protections, and mechanisms to 

14 pursue complaints and ensure compliance with the 

15 law. 

16 (17) The unique nature of their work, in pri17 vate homes with individuals and families, also often 

18 makes it difficult for domestic employees to use Fed19 eral programs and policies to improve their skills 

20 and training and to join together collectively to ne21 gotiate better pay and working conditions. 

22 (18) Many domestic employees are also vulner23 able to discrimination and sexual harassment. These 

24 issues are further exacerbated by the unique working 

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1 lation, poverty, immigration status, the lack of fa2 miliarity with the law and legal processes, limited 

3 networks for support, language barriers, and fear of 

4 retaliation and deportation. 

5 (19) Millions of older individuals, individuals 

6 with disabilities, and families are increasingly relying 

7 on domestic employees. Transforming domestic work 

8 jobs into good jobs with family sustaining wages and 

9 access to benefits can reduce high turnover due to 

10 poor working conditions, thereby enhancing quality 

11 of care, and supporting the millions of working and 

12 retired people of the United States who rely on 

13 them. 

14 SEC. 3. DEFINITIONS. 

15 (a) FAIR LABOR STANDARDS ACT OF 1938 DEFINI16 TIONS.—In this Act: 

17 (1) COMMERCE; EMPLOY; EMPLOYEE; GOODS; 

18 PERSON; STATE.—The terms ‘‘commerce’’, ‘‘em19 ploy’’, ‘‘employee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘en20 terprise engaged in commerce or in the production 

21 of goods for commerce’’, ‘‘goods’’, ‘‘person’’, and 

22 ‘‘State’’ have the meanings given such terms in sec23 tion 3 of the Fair Labor Standards Act of 1938 (29 

24 U.S.C. 203). 


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1 (2) REGULAR RATE.—The term ‘‘regular rate’’ 

2 has the meaning given such term in section 7(e) of 

3 such Act (29 U.S.C. 207(e)). 

4 (b) OTHER DEFINITIONS.—In this Act: 

5 (1) CHILD.—The term ‘‘child’’— 

6 (A) means an individual who is under 18 

7 years of age; and 

8 (B) includes an individual described in 

9 subparagraph (A) who is— 

10 (i) a biological, foster, or adopted 

11 child; 

12 (ii) a stepchild; 

13 (iii) a child of a domestic partner; 

14 (iv) a legal ward; or 

15 (v) a child of a person standing in 

16 loco parentis. 

17 (2) DISABILITY.—The term ‘‘disability’’ has the 

18 meaning given the term in section 3 of the Ameri19 cans with Disabilities Act of 1990 (42 U.S.C. 

20 12102). 

21 (3) DOMESTIC PARTNER.— 

22 (A) IN GENERAL.—The term ‘‘domestic 

23 partner’’, with respect to an individual, means 

24 another individual with whom the individual is 

25 in a committed relationship. 


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1 (B) COMMITTED RELATIONSHIP DE2 FINED.—The term ‘‘committed relationship’’ 

3 for purposes of subparagraph (A)— 

4 (i) means a relationship between 2 in5 dividuals, each at least 18 years of age, in 

6 which both individuals share responsibility 

7 for a significant measure of each other’s 

8 common welfare; and 

9 (ii) includes any such relationship be10 tween 2 individuals, including individuals 

11 of the same sex, that is granted legal rec12 ognition by a State or political subdivision 

13 of a State as a marriage or analogous rela14 tionship, including a civil union or domes15 tic partnership. 

16 (4) DOMESTIC SERVICES.—The term ‘‘domestic 

17 services’’— 

18 (A) means services— 

19 (i) of a household nature; and 

20 (ii) performed by an individual in or 

21 about a private home (permanent or tem22 porary); and 

23 (B) includes services performed by individ24 uals such as companions, babysitters, cooks, 

25 waiters, butlers, valets, maids, housekeepers, 


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1 nannies, nurses, janitors, laundresses, care2 takers, handymen, gardeners, home health 

3 aides, personal care aides or assistants, and 

4 chauffeurs of automobiles for family use. 

5 (5) DOMESTIC EMPLOYEE.—The term ‘‘domes6 tic employee’’— 

7 (A) means, except as provided in subpara8 graph (B), an employee who is employed by an 

9 employer for the performance of domestic serv10 ices; and 

11 (B) does not include— 

12 (i) any individual who is a family 

13 member, friend, neighbor, or parent of a 

14 child and who provides child care for the 

15 child in the child’s home; 

16 (ii) any individual who is— 

17 (I) an employee of a family child 

18 care provider; or 

19 (II) a family child care provider; 

20 and 

21 (iii) any individual who is an employee 

22 described in section 13(a)(15) of the Fair 

23 Labor Standards Act of 1938 (29 U.S.C. 

24 213(a)(15)). 


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1 (6) FAMILY CHILD CARE PROVIDER.—The term 

2 ‘‘family child care provider’’ means 1 or more indi3 viduals who provide child care services, in a private 

4 residence other than the residence of the child re5 ceiving the services, for fewer than 24 hours per day 

6 for the child (unless the nature of the work of the 

7 parent of the child requires 24-hour care). 

8 (7) MEDICAID HCBS-ELIGIBLE ELDERLY INDI9 VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly 

10 individual’’ means an individual who— 

11 (A) is 65 years of age or older; 

12 (B) is eligible for and enrolled for medical 

13 assistance for any of the following services 

14 (whether provided on a fee-for-service, risk, or 

15 other basis) under a State Medicaid program 

16 under title XIX of the Social Security Act (42 

17 U.S.C. 1396 et seq.) (including any waiver or 

18 demonstration under such title or under section 

19 1115 of such Act (42 U.S.C. 1315) relating to 

20 such title), and includes an individual who be21 comes eligible for medical assistance under a 

22 State Medicaid program when removed from a 

23 waiting list: 

24 (i) Home health care services author25 ized under paragraph (7) of section 


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1 1905(a) of the Social Security Act (42 

2 U.S.C. 1396d(a)). 

3 (ii) Personal care services authorized 

4 under paragraph (24) of such section. 

5 (iii) PACE services authorized under 

6 paragraph (26) of such section. 

7 (iv) Home and community-based serv8 ices authorized under subsections (b), (c), 

9 (i), (j), and (k) of section 1915 of such Act 

10 (42 U.S.C. 1396n), such services author11 ized under a waiver under section 1115 of 

12 such Act (42 U.S.C. 1315), and such serv13 ices provided through coverage authorized 

14 under section 1937 of such Act (42 U.S.C. 

15 1396u–7). 

16 (v) Case management services author17 ized under section 1905(a)(19) of the So18 cial Security Act (42 U.S.C. 1396d(a)(19)) 

19 and section 1915(g) of such Act (42 

20 U.S.C. 1396n(g)). 

21 (vi) Rehabilitative services, including 

22 those related to behavioral health, de23 scribed in section 1905(a)(13) of such Act 

24 (42 U.S.C. 1396d(a)(13)). 


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1 (vii) Such other services specified by 

2 the Secretary of Health and Human Serv3 ices. 

4 (8) ON-CALL.—The term ‘‘on-call’’, with respect 

5 to a domestic employee, means any period of time 

6 that the employer of the domestic employee requires 

7 the domestic employee to— 

8 (A) be available to work; and 

9 (B) wait to contact, or to be contacted by, 

10 the employer to determine whether the domestic 

11 employee will be required to report to work dur12 ing that period of time. 

13 (9) PARENT.—The term ‘‘parent’’, with respect 

14 to an individual, means a biological, foster, or adop15 tive parent of the individual, a stepparent of the in16 dividual, parent-in-law of the individual, parent of a 

17 domestic partner of the individual, or a legal guard18 ian or other person who stood in loco parentis to the 

19 individual when the individual was a child. 

20 (10) PERSONAL CARE AIDE OR ASSISTANT.— 

21 The term ‘‘personal care aide or assistant’’ means 

22 an individual who provides personal care services. 

23 (11) PERSONAL CARE SERVICES.—The term 

24 ‘‘personal care services’’ means assistance provided 

25 to an individual who is not an inpatient or resident 


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1 of a hospital, nursing facility, intermediate care fa2 cility for individuals with intellectual disabilities, or 

3 institution for mental disease that enables the recipi4 ent to accomplish activities of daily living or instru5 mental activities of daily living. 

6 (12) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of Labor. 

8 (13) SELF-DIRECTED CARE.—The term ‘‘self9 directed care’’, with respect to an individual, means 

10 services for the individual that are planned and pur11 chased under the direction and control of the indi12 vidual, including the amount, duration, scope, pro13 vider, and location of the services. 

14 (14) SHARED LIVING ARRANGEMENT.—The 

15 term ‘‘shared living arrangement’’ means a living ar16 rangement involving— 

17 (A) not more than 2 individuals who are 

18 an individual with a disability or a Medicaid 

19 HCBS-eligible elderly individual, except if 1 or 

20 more of the individuals are related to each 

21 other (by blood or a close association that is 

22 equivalent to a family relationship); 

23 (B) an individual providing services for 

24 compensation and living in the private home of 

25 the recipient of such services; 


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1 (C) an individual receiving funding 

2 through a State Medicaid program under title 

3 XIX of the Social Security Act (42 U.S.C. 1396 

4 et seq.), or another publicly funded program; 

5 (D) a stipend or room and board as the 

6 primary form of payment for the individual pro7 viding such services; and 

8 (E) the individual receiving such services 

9 having the final decision regarding who is the 

10 provider of such services living with the indi11 vidual, through a consumer-driven matching 

12 process that includes relationship building, per13 son-centered planning as defined by the Admin14 istrator of the Centers for Medicare & Medicaid 

15 Services, and an assessment of individual com16 patibility. 

17 (15) SPOUSE.—The term ‘‘spouse’’, with re18 spect to an individual, means another individual with 

19 whom the individual entered into a marriage (includ20 ing a common law or same-sex marriage)— 

21 (A) as defined or recognized under the law 

22 in the State in which the marriage was entered 

23 into; or 

24 (B) that, in the case of a marriage entered 

25 into outside of any State, is recognized in the 


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1 place where entered into and could have been 

2 entered into in at least 1 State. 

3 SEC. 4. RULEMAKING AUTHORITY. 

4 The Secretary shall have the authority to promulgate 

5 rules to carry out this Act. 

6 SEC. 5. RULE OF CONSTRUCTION. 

7 For purposes of this Act, any domestic services per8 formed by a domestic employee for an employer are con9 sidered to affect commerce. 

10 TITLE I—DOMESTIC EMPLOYEE 

11 RIGHTS AND PROTECTIONS 

12 Subtitle A—Amendments to the 

13 Fair Labor Standards Act of 1938 

14 SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC 

15 EMPLOYEES. 

16 Section 13(b)(21) of the Fair Labor Standards Act 

17 of 1938 (29 U.S.C. 213(b)(21)) is repealed. 

18 SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION 

19 NOTICES AND COMMUNICATIONS. 

20 (a) IN GENERAL.—The Fair Labor Standards Act of 

21 1938 (29 U.S.C. 201 et seq.) is amended by inserting 

22 after section 7 (29 U.S.C. 207) the following: 


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1 ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO2 TICES AND COMMUNICATIONS. 

3 ‘‘(a) DEFINITION OF LIVE-IN DOMESTIC EM4 PLOYEE.—In this section, the term ‘live-in domestic em5 ployee’ means any employee who is employed in domestic 

6 service in a household and resides in such household. 

7 ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES8 TIC EMPLOYEES.— 

9 ‘‘(1) IN GENERAL.—If an employer terminates 

10 the employment of a live-in domestic employee, the 

11 employer shall, except as provided in paragraph (3), 

12 provide the live-in domestic employee with— 

13 ‘‘(A) written notice of the termination not 

14 later than 48 hours after such termination; and 

15 ‘‘(B)(i) not less than 30 calendar days of 

16 lodging at— 

17 ‘‘(I) the household premises of the 

18 employer, as customarily provided by the 

19 employer; or 

20 ‘‘(II) another premise of a comparable 

21 lodging condition; or 

22 ‘‘(ii) severance pay in an amount equiva23 lent to the average earnings of the live-in do24 mestic employee for 2 weeks of employment 

25 during the preceding 6 months. 


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1 ‘‘(2) OFFSITE LODGING OR SEVERANCE.—If an 

2 employer chooses to provide a live-in domestic em3 ployee who is terminated, as described in paragraph 

4 (1), lodging described in paragraph (1)(B)(i)(II), or 

5 severance pay described in paragraph (1)(B)(ii), the 

6 employer shall allow the live-in domestic employee 

7 not less than 48 hours after the notice provided 

8 under paragraph (1)(A) to vacate the household of 

9 the employer. 

10 ‘‘(3) EXCEPTION.— 

11 ‘‘(A) IN GENERAL.—The requirements 

12 under paragraph (1) shall not be required in a 

13 case involving a good faith allegation described 

14 in subparagraph (B) that the live-in domestic 

15 employee has engaged in abuse or neglect, or 

16 caused any other harmful conduct, against the 

17 employer, any member of the family of the em18 ployer, or any individual residing in the house19 hold of the employer. 

20 ‘‘(B) GOOD FAITH ALLEGATIONS.—A good 

21 faith allegation described in this subparagraph 

22 shall be— 

23 ‘‘(i) made in writing and provided to 

24 the live-in domestic employee not later 

25 than 48 hours after the employer has 


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1 knowledge of the conduct of the live-in do2 mestic employee resulting in the allegation; 

3 ‘‘(ii) supported by a reasonable basis 

4 and belief; and 

5 ‘‘(iii) made without reckless disregard 

6 or willful ignorance of the truth. 

7 ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM8 PLOYEES.— 

9 ‘‘(1) IN GENERAL.—If an employer requires an 

10 employee to be a live-in domestic employee, the em11 ployer shall— 

12 ‘‘(A) provide the live-in domestic employee 

13 with the ability, and reasonable opportunity, to 

14 access telephone and internet services in accord15 ance with paragraph (2); and 

16 ‘‘(B) without interference by the employer, 

17 permit the live-in domestic employee to send 

18 and receive communications by text message, 

19 social media, electronic or regular mail, and 

20 telephone calls. 

21 ‘‘(2) TELEPHONE AND INTERNET SERVICES.— 

22 ‘‘(A) EMPLOYER WITH SERVICES.—If an 

23 employer requires an employee to be a live-in 

24 domestic employee and has telephone or inter25 net services for the household of the employer, 


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1 the employer shall provide the live-in domestic 

2 employee with reasonable access to such serv3 ices without charge to the employee. 

4 ‘‘(B) EMPLOYER WITHOUT SERVICES.—If 

5 an employer requires an employee to be a live6 in domestic employee and does not have tele7 phone or internet services for the household of 

8 the employer, the employer— 

9 ‘‘(i) shall provide the live-in domestic 

10 employee with a reasonable opportunity to 

11 access such services at another location; 

12 and 

13 ‘‘(ii) shall not be required to pay for 

14 such services.’’. 

15 (b) CONFORMING AMENDMENT.—Section 10 of the 

16 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re17 pealed. 

18 SEC. 103. ENFORCEMENT. 

19 (a) PROHIBITED ACT.—Section 15(a) of the Fair 

20 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is 

21 amended— 

22 (1) in paragraph (5), by striking ‘‘; and’’; 

23 (2) in paragraph (6), by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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•S 4552 IS

1 ‘‘(7) to violate any provision of section 8, in2 cluding any regulation or order issued by the Sec3 retary under that section.’’. 

4 (b) PENALTIES.—Section 16 of such Act (29 U.S.C. 

5 216) is amended— 

6 (1) in subsection (b), by inserting ‘‘Any em7 ployer who violates section 8(b) shall be liable to the 

8 employee affected in an amount of severance pay 

9 that is calculated, with respect to the employee, in 

10 accordance with section 8(b)(1)(B)(ii), and in an ad11 ditional equal amount as liquidated damages. Any 

12 employer who violates section 8(c) shall be liable to 

13 the employee affected in an amount that is not to 

14 exceed $2,000 for each violation.’’ after the third 

15 sentence; and 

16 (2) in subsection (c), by adding at the end the 

17 following: ‘‘The authority and requirements de18 scribed in this subsection shall also apply with re19 spect to a violation of section 8, as appropriate, and 

20 the employer shall be liable for the amounts de21 scribed in subsection (b) for violations of such sec22 tion.’’. 

23 (c) INJUNCTION PROCEEDINGS.—Section 17 of the 

24 Fair Labor Standards Act of 1938 (29 U.S.C. 217) is 

25 amended by striking ‘‘(except sums’’ and inserting ‘‘and 


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•S 4552 IS

1 in the case of violations of section 15(a)(7) the restraint 

2 of any withholding of severance pay and other damages 

3 found by the court to be due to employees under this Act 

4 (except, in either case, sums’’. 

5 (d) STATUTE OF LIMITATIONS.—Section 6 of the 

6 Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, 

7 in the matter preceding subsection (a), by inserting ‘‘(and 

8 any cause of action to enforce section 8 of such Act)’’ after 

9 ‘‘under the Fair Labor Standards Act of 1938, as amend10 ed’’. 

11 Subtitle B—Domestic Employee 

12 Rights 

13 SEC. 110. WRITTEN AGREEMENTS. 

14 (a) COVERED DOMESTIC EMPLOYEE.—In this sec15 tion, the term ‘‘covered domestic employee’’ means any do16 mestic employee to whom the employer of the domestic 

17 employee expects to provide compensation for the perform18 ance of domestic services by the domestic employee for not 

19 less than 8 hours per week. 

20 (b) REQUIREMENT.—Each employer shall provide a 

21 written agreement in accordance with this section to each 

22 covered domestic employee employed by the employer. 

23 (c) WRITTEN AGREEMENT REQUIREMENTS.—A writ24 ten agreement required under this section shall— 


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•S 4552 IS

1 (1) be signed and dated by the covered domestic 

2 employee and the employer; 

3 (2) be written in— 

4 (A) a language easily and fully understood 

5 by the covered domestic employee and the em6 ployer, which may be in multiple languages if 

7 the employee and the employer do not easily 

8 and fully understand the same language; and 

9 (B) plain language; 

10 (3) include the contents described in subsection 

11 (d); and 

12 (4) be provided in accordance with subsection 

13 (e). 

14 (d) CONTENTS OF THE WRITTEN AGREEMENT.— 

15 (1) IN GENERAL.—The contents described in 

16 this subsection shall include each of the following: 

17 (A) The full name, address, and contact 

18 information of the employer, including, as ap19 propriate, any ‘‘doing business as’’ name of the 

20 employer and the name of each individual of the 

21 employer who will be doing business with the 

22 covered domestic employee. 

23 (B) The address for the location where the 

24 covered domestic employee will be providing do25 mestic services for the employer. 


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•S 4552 IS

1 (C) All responsibilities to be performed by 

2 the covered domestic employee for the employer, 

3 and the regularity in which such responsibilities 

4 are to be performed. 

5 (D) The hourly pay rate of the covered do6 mestic employee for any work week, including 

7 the overtime pay rate. 

8 (E) The day of the week when the covered 

9 domestic employee will be paid. 

10 (F) The required working hours for any 

11 work week, including— 

12 (i) the time of day and day of week 

13 the work of the covered domestic employee 

14 begins; 

15 (ii) meal and rest breaks described in 

16 section 115; 

17 (iii) time off, including paid holidays 

18 and paid vacations; 

19 (iv) the work schedule of the employee 

20 at the time of hire, including— 

21 (I) the time of day and the days 

22 of the week the covered domestic em23 ployee will be expected to work for the 

24 employer each week; or 


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•S 4552 IS

1 (II) if the time of day or the days 

2 of the week that the domestic em3 ployee will be expected to work for the 

4 employer will vary from week to week, 

5 information regarding a good faith es6 timate of the days and hours for 

7 which the covered domestic employee 

8 will be expected to work for the em9 ployer each week, including, at min10 imum— 

11 (aa) the average number of 

12 hours the covered domestic em13 ployee will be expected to work 

14 for the employer each week dur15 ing a typical 90-day period; 

16 (bb) whether the covered do17 mestic employee can expect to be 

18 on-call; 

19 (cc) a subset of days the 

20 covered domestic employee can 

21 typically expect to work (or to be 

22 scheduled as off from work) for 

23 the employer; and 

24 (dd) the amount of notice 

25 that the employer will provide to 


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•S 4552 IS

1 the domestic employee in advance 

2 of scheduled work hours (as de3 fined in section 112(a)), which 

4 shall not be less than 72 hours 

5 before such scheduled work hours 

6 are to begin (except during a pe7 riod described in subparagraph 

8 (A) of section 112(e)(1), in a 

9 case described in subparagraph 

10 (B) of such section, or in the 

11 case of a shared living arrange12 ment), and the manner in which 

13 such notice shall be provided; 

14 (v) how the employer will provide pay 

15 for last-minute changes to scheduled work 

16 hours as described in section 112(c); and 

17 (vi) how the employee can request and 

18 receive a change to scheduled work hours 

19 due to personal events as described in sec20 tion 113. 

21 (G) Information about policies, procedures, 

22 and equipment related to safety and emer23 gencies. 


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•S 4552 IS

1 (H) The policy of the employer pertaining 

2 to notice of termination of the covered domestic 

3 employee by the employer. 

4 (I) A description of the process for the cov5 ered domestic employee to raise or address 

6 grievances with respect to, or breaches of, the 

7 written agreement, including that the grievance 

8 process shall not be construed to be an exhaus9 tion of remedies requirement and shall not pre10 vent the domestic employee from going directly 

11 to a relevant enforcement agency or a court to 

12 enforce any right conferred by this Act or an13 other law. 

14 (J) In the case of a covered domestic em15 ployee who resides in the household of the per16 son for whom the domestic employee provides 

17 domestic services— 

18 (i) the circumstances under which the 

19 employer may enter the designated living 

20 space of the domestic employee; 

21 (ii) the circumstances under which the 

22 covered domestic employee, in a shared liv23 ing arrangement, may enter the designated 

24 living space of the employer; and 


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•S 4552 IS

1 (iii) a description of certain cir2 cumstances the employer determines as 

3 cause for— 

4 (I) immediate termination of the 

5 covered domestic employee; and 

6 (II) subject (as applicable) to 

7 section 8(b) of the Fair Labor Stand8 ards Act of 1938, removal of the cov9 ered domestic employee from the 

10 household of the person for whom the 

11 employee provides domestic services 

12 not later than 48 hours after notice of 

13 the termination. 

14 (K) If applicable, any policies of the em15 ployer with respect to the covered domestic em16 ployee for— 

17 (i) paying for or providing reimburse18 ment for— 

19 (I) health insurance; 

20 (II) transportation, meals, or 

21 lodging; or 

22 (III) any fees or costs associated 

23 with the domestic services provided by 

24 the covered domestic employee for the 

25 employer; 


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•S 4552 IS

1 (ii) annual or other pay increases; 

2 (iii) severance pay; and 

3 (iv) providing materials or equipment 

4 related to the performance of domestic 

5 service by the covered domestic employee, 

6 including (if applicable) any cleaning sup7 plies provided by the employer. 

8 (L) Any other benefits afforded to the cov9 ered domestic employee by the employer. 

10 (M) A description of the process used by 

11 the employer to change any policy described in 

12 subparagraphs (A) through (L), including ad13 dressing additional compensation if responsibil14 ities are added to those described in subpara15 graph (C), after the date on which the written 

16 agreement is provided to the domestic employee. 

17 (2) PROHIBITIONS.—A written agreement re18 quired under this section may not— 

19 (A) contain— 

20 (i) a predispute arbitration agreement 

21 (as such term is defined in section 401 of 

22 title 9, United States Code) for claims 

23 made by a covered domestic employee 

24 against an employer regarding the legal 

25 rights of the employee; or 


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•S 4552 IS

1 (ii) a nondisclosure agreement, non2 compete agreement, or nondisparagement 

3 agreement that limits the ability of the 

4 covered domestic employee to seek com5 pensation for performing domestic services 

6 after the employee ceases to receive com7 pensation from the employer for the per8 formance of domestic services; and 

9 (B) be construed to waive the rights or 

10 protections of a domestic employee under Fed11 eral, State, or local law. 

12 (e) TIMING.— 

13 (1) INITIAL AGREEMENT.—An employer shall 

14 provide a written agreement required under this sec15 tion— 

16 (A) to each covered domestic employee 

17 hired by the employer after the date of enact18 ment of this Act on a day that, at the discretion 

19 of the employer, is— 

20 (i) not more than 5 days after the 

21 covered domestic employee is hired; or 

22 (ii) the day before the first day that 

23 the covered domestic employee performs 

24 domestic services for the employer; and 


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•S 4552 IS

1 (B) to each covered domestic employee 

2 hired on or before the date of enactment of this 

3 Act, not more than 180 days after such date of 

4 enactment. 

5 (2) SUBSEQUENT AGREEMENTS.—Not later 

6 than 30 calendar days after the date on which an 

7 employer makes a change to a written agreement 

8 provided to a covered domestic employee under this 

9 section, the employer shall provide the domestic em10 ployee with an updated agreement in accordance 

11 with this section. 

12 (f) RECORDS.—An employer that is required to pro13 vide a written agreement under this section to a covered 

14 domestic employee shall retain such agreement for a pe15 riod of not less than 3 years from the date on which the 

16 covered domestic employee is no longer working for the 

17 employer. 

18 (g) MODEL WRITTEN AGREEMENTS.— 

19 (1) IN GENERAL.—Not later than 6 months 

20 after the date of enactment of this Act, the Sec21 retary shall establish and make available templates 

22 for model written agreements under this section. 

23 (2) REQUIREMENTS.—A model written agree24 ment required under paragraph (1) shall be available 

25 in multiple languages commonly understood by doVerDate Sep 11 2014 22:43 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4552.IS S4552

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•S 4552 IS

1 mestic employees, including all languages in which 

2 the Secretary, acting through the Administrator of 

3 the Wage and Hour Division, translates a basic in4 formation fact sheet published by the Administrator. 

5 SEC. 111. EARNED SICK DAYS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) DOMESTIC VIOLENCE.—The term ‘‘domestic 

8 violence’’— 

9 (A) has the meaning given the term in sec10 tion 40002(a) of the Violence Against Women 

11 Act of 1994 (34 U.S.C. 12291(a)), except that 

12 the reference in such section to the term ‘‘juris13 diction receiving grant funding’’ shall be 

14 deemed to mean the jurisdiction in which the 

15 victim lives or the jurisdiction in which the em16 ployer of the domestic employee involved is lo17 cated; and 

18 (B) includes dating violence, as that term 

19 is defined in such section. 

20 (2) DOMESTIC EMPLOYEE.—The term ‘‘domes21 tic employee’’ means a domestic employee, as defined 

22 in section 3(b), other than an individual providing 

23 domestic services through a shared living arrange24 ment. 


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•S 4552 IS

1 (3) EMPLOYMENT BENEFITS.—The term ‘‘em2 ployment benefits’’ means all benefits provided or 

3 made available to a domestic employee by the em4 ployer that employs the domestic employee, including 

5 group life insurance, health insurance, disability in6 surance, sick leave, annual leave, educational bene7 fits, and pensions, regardless of whether such bene8 fits are provided by a practice or written policy of 

9 an employer or through an ‘‘employee benefit plan’’, 

10 as defined in section 3(3) of the Employee Retire11 ment Income Security Act of 1974 (29 U.S.C. 

12 1002(3)). 

13 (4) HEALTH CARE PROVIDER.—The term 

14 ‘‘health care provider’’ means a provider who— 

15 (A) is— 

16 (i) a doctor of medicine or osteopathy 

17 who is authorized to practice medicine or 

18 surgery (as appropriate) by the State in 

19 which the doctor practices; or 

20 (ii) any other person determined by 

21 the Secretary to be capable of providing 

22 health care services; and 

23 (B) is not employed by the employer for 

24 whom the provider issues certification under 

25 this section. 


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•S 4552 IS

1 (5) PAID SICK TIME.—The term ‘‘paid sick 

2 time’’ means an increment of compensated leave that 

3 can be earned by a domestic employee for use during 

4 an absence from employment for any of the reasons 

5 described in subparagraphs (A) through (D) of sub6 section (b)(2). 

7 (6) SEXUAL ASSAULT.—The term ‘‘sexual as8 sault’’ has the meaning given the term in section 

9 40002(a) of the Violence Against Women Act of 

10 1994 (34 U.S.C. 12291(a)). 

11 (7) STALKING.—The term ‘‘stalking’’ has the 

12 meaning given the term in section 40002(a) of the 

13 Violence Against Women Act of 1994 (34 U.S.C. 

14 12291(a)). 

15 (8) VICTIM SERVICES ORGANIZATION.—The 

16 term ‘‘victim services organization’’ means a non17 profit, nongovernmental organization that provides 

18 assistance to victims of domestic violence, sexual as19 sault, or stalking or advocates for such victims, in20 cluding a rape crisis center, an organization carrying 

21 out a domestic violence, sexual assault, or stalking 

22 prevention or treatment program, an organization 

23 operating a shelter or providing counseling services, 

24 or a legal services organization or other organization 

25 providing assistance through the legal process. 


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•S 4552 IS

1 (b) EARNED PAID SICK TIME.— 

2 (1) EARNING OF TIME.— 

3 (A) IN GENERAL.—An employer shall pro4 vide each domestic employee employed by the 

5 employer not less than 1 hour of earned paid 

6 sick time for every 30 hours worked, to be used 

7 as described in paragraph (2). An employer 

8 shall not be required to permit a domestic em9 ployee to earn, under this subsection, more than 

10 56 hours of paid sick time in a calendar year, 

11 unless the employer chooses to set a higher 

12 limit. 

13 (B) DATES FOR BEGINNING TO EARN PAID

14 SICK TIME AND USE.— 

15 (i) IN GENERAL.—A domestic em16 ployee— 

17 (I) shall begin to earn paid sick 

18 time under this subsection at the com19 mencement of their employment; and 

20 (II) except as provided in clause 

21 (ii), may use that earned paid sick 

22 time in accordance with this sub23 section. 

24 (ii) WAITING PERIOD FOR USE OF

25 EARNED PAID SICK TIME.— 


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•S 4552 IS

1 (I) IN GENERAL.—Except as pro2 vided in subclause (II) and subpara3 graph (F), a domestic employee may 

4 not use any paid sick time earned 

5 under this subsection before the day 

6 that is the 60th calendar day after 

7 commencement of the domestic em8 ployee’s employment. 

9 (II) ADVANCE FOR SICK TIME.— 

10 An employer may— 

11 (aa) loan paid sick time to a 

12 domestic employee employed by 

13 the employer for use by such do14 mestic employee in advance of 

15 the domestic employee earning 

16 such sick time; and 

17 (bb) notwithstanding sub18 clause (I), permit use of earned 

19 sick time by a domestic employee 

20 before the 60th day of employ21 ment of the domestic employee. 

22 (C) CARRYOVER.—Paid sick time earned 

23 under this subsection shall carry over from one 

24 year to the next. 


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•S 4552 IS

1 (D) EMPLOYERS WITH EXISTING POLI2 CIES.—Any employer with a paid leave policy 

3 who makes available an amount of paid leave 

4 that is sufficient to meet the requirements of 

5 this subsection and that may be used for the 

6 same purposes and under the same conditions 

7 as the purposes and conditions outlined in para8 graph (2) shall not be required to permit a do9 mestic employee employed by the employer to 

10 earn additional paid sick time under this sub11 section. 

12 (E) CONSTRUCTION.—Nothing in this sub13 section shall be construed as requiring financial 

14 or other reimbursement to a domestic employee 

15 from an employer upon the domestic employee’s 

16 termination, resignation, retirement, or other 

17 separation from employment with the employer 

18 for earned paid sick time that has not been 

19 used. 

20 (F) REINSTATEMENT.—If a domestic em21 ployee is separated from employment with an 

22 employer and is rehired for employment, within 

23 12 months after that separation, by the same 

24 employer, the employer shall reinstate the do25 mestic employee’s previously earned paid sick 


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•S 4552 IS

1 time. Notwithstanding subparagraph (B)(ii)(I), 

2 the domestic employee shall be entitled to use 

3 the earned paid sick time and earn additional 

4 paid sick time at the recommencement of em5 ployment with the employer. 

6 (G) PROHIBITION.—An employer may not 

7 require, as a condition of providing paid sick 

8 time under this subsection, that the domestic 

9 employee involved search for or find a replace10 ment to cover the hours during which the do11 mestic employee is using paid sick time. 

12 (2) USES.—Paid sick time earned under this 

13 subsection may be used by a domestic employee for 

14 any of the following: 

15 (A) An absence resulting from a physical 

16 or mental illness, injury, or medical condition of 

17 the domestic employee. 

18 (B) An absence resulting from obtaining 

19 professional medical diagnosis or care, or pre20 ventive medical care, for the domestic employee. 

21 (C) An absence for the purpose of caring 

22 for a child, a parent, a spouse, a domestic part23 ner, or any other individual related by blood or 

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•S 4552 IS

1 tic employee is the equivalent of a family rela2 tionship, who— 

3 (i) has any of the conditions or needs 

4 for diagnosis or care described in subpara5 graph (A) or (B); 

6 (ii) is required to attend— 

7 (I) in the case of someone who is 

8 a child, a school meeting; or 

9 (II) a meeting at a place where 

10 the child, parent, spouse, domestic 

11 partner, or such other individual is re12 ceiving care necessitated by a health 

13 condition or disability of the child, 

14 parent, spouse, domestic partner, or 

15 such other individual. 

16 (iii) is in need of care and is typically 

17 cared for by an individual who is unable to 

18 provide care because the individual has any 

19 of the conditions or needs for diagnosis or 

20 care described in subparagraph (A) or (B); 

21 or 

22 (iv) is otherwise in need of care. 

23 (D) An absence resulting from domestic vi24 olence, sexual assault, or stalking, if the time is 

25 to— 


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•S 4552 IS

1 (i) seek medical attention for the do2 mestic employee or a child, parent, spouse, 

3 domestic partner, or another individual re4 lated to the domestic employee as de5 scribed in subparagraph (C), to recover 

6 from physical or psychological injury or 

7 disability caused by domestic violence, sex8 ual assault, or stalking; 

9 (ii) obtain or assist a child, a parent, 

10 a spouse, a domestic partner, or such other 

11 individual in obtaining services from a vic12 tim services organization; 

13 (iii) obtain or assist a child, a parent, 

14 a spouse, a domestic partner, or such other 

15 individual in obtaining psychological or 

16 other counseling; 

17 (iv) seek relocation; or 

18 (v) take legal action, including pre19 paring for or participating in any civil or 

20 criminal legal proceeding related to or re21 sulting from domestic violence, sexual as22 sault, or stalking. 

23 (3) PROCEDURES.— 


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•S 4552 IS

1 (A) IN GENERAL.—Paid sick time shall be 

2 provided upon the oral or written request of a 

3 domestic employee. Such request shall— 

4 (i) include the expected duration of 

5 the period of such time; and 

6 (ii) be— 

7 (I) in a case in which the need 

8 for such period of time is foreseeable 

9 at least 7 days in advance of such pe10 riod, provided at least 7 days in ad11 vance of such period; or 

12 (II) otherwise, provided as soon 

13 as practicable after the domestic em14 ployee is aware of the need for such 

15 period. 

16 (B) CERTIFICATION IN GENERAL.— 

17 (i) PROVISION.— 

18 (I) IN GENERAL.—Subject to 

19 clause (iv), an employer may require 

20 that a request for paid sick time 

21 under this subsection for a purpose 

22 described in subparagraph (A), (B), 

23 or (C) of paragraph (2) be supported 

24 by a certification issued by the health 

25 care provider of the eligible domestic 


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•S 4552 IS

1 employee or of an individual described 

2 in paragraph (2)(C), as appropriate, if 

3 the period of such time covers more 

4 than 3 consecutive workdays. 

5 (II) TIMELINESS.—The domestic 

6 employee shall provide a copy of such 

7 certification to the employer in a 

8 timely manner, not later than 30 days 

9 after the first day of the period of 

10 time. The employer shall not delay the 

11 commencement of the period of time 

12 on the basis that the employer has not 

13 yet received the certification. 

14 (ii) SUFFICIENT CERTIFICATION.—A 

15 certification provided under clause (i) shall 

16 be sufficient if it states— 

17 (I) the date on which the period 

18 of paid sick time will be needed; 

19 (II) the probable duration of the 

20 period of time; 

21 (III) for purposes of paid sick 

22 time under paragraph (2)(A), a state23 ment that absence from work is medi24 cally necessary; 


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•S 4552 IS

1 (IV) for purposes of such time 

2 under paragraph (2)(B), the dates on 

3 which testing for a medical diagnosis 

4 or care is expected to be given the du5 ration of such testing or care; and 

6 (V) for purposes of such time 

7 under paragraph (2)(C), in the case of 

8 time to care for someone who is not a 

9 child, a statement that care is needed 

10 for an individual described in such 

11 paragraph, and an estimate of the 

12 amount of time that such care is 

13 needed for such individual. 

14 (iii) REGULATIONS.—The Secretary 

15 shall prescribe regulations that shall speci16 fy the manner in which a domestic em17 ployee who does not have health insurance 

18 shall provide a certification for purposes of 

19 this subparagraph. 

20 (iv) CONFIDENTIALITY AND NON21 DISCLOSURE.— 

22 (I) PROTECTED HEALTH INFOR23 MATION.—Nothing in this section 

24 shall be construed to require a health 

25 care provider to disclose information 


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•S 4552 IS

1 in violation of section 1177 of the So2 cial Security Act (42 U.S.C. 1320d–6) 

3 or the regulations promulgated pursu4 ant to section 264(c) of the Health 

5 Insurance Portability and Account6 ability Act of 1996 (42 U.S.C. 

7 1320d–2 note). 

8 (II) HEALTH INFORMATION

9 RECORDS.—If an employer possesses 

10 health information about a domestic 

11 employee or a domestic employee’s 

12 child, parent, spouse, or domestic 

13 partner or another individual related 

14 to the domestic employee as described 

15 in paragraph (2)(C), such information 

16 shall— 

17 (aa) be maintained on a sep18 arate form and in a separate file 

19 from other personnel informa20 tion; 

21 (bb) be treated as a con22 fidential medical record; and 

23 (cc) not be disclosed except 

24 to the affected domestic employee 


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•S 4552 IS

1 or with the permission of the af2 fected domestic employee. 

3 (C) CERTIFICATION IN THE CASE OF DO4 MESTIC VIOLENCE, SEXUAL ASSAULT, OR

5 STALKING.— 

6 (i) IN GENERAL.—An employer may 

7 require that a request for paid sick time 

8 under this subsection for a purpose de9 scribed in paragraph (2)(D) be supported 

10 by a form of documentation described in 

11 clause (ii) if the period of such time covers 

12 more than 3 consecutive workdays. 

13 (ii) FORM OF DOCUMENTATION.—A 

14 form of documentation described in this 

15 subparagraph is any one of the following: 

16 (I) A police report indicating that 

17 the domestic employee, or individual 

18 described in paragraph (2)(D), was a 

19 victim of domestic violence, sexual as20 sault, or stalking. 

21 (II) A court order protecting or 

22 separating the domestic employee, or 

23 individual described in paragraph 

24 (2)(D), from the perpetrator of an act 

25 of domestic violence, sexual assault, or 


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•S 4552 IS

1 stalking, or other evidence from the 

2 court or prosecuting attorney that the 

3 domestic employee, or individual de4 scribed in paragraph (2)(D), has ap5 peared in court or is scheduled to ap6 pear in court in a proceeding related 

7 to domestic violence, sexual assault, or 

8 stalking. 

9 (III) Other documentation signed 

10 by an employee or volunteer working 

11 for a victim services organization, an 

12 attorney, a police officer, a medical 

13 professional, a social worker, an 

14 antiviolence counselor, or a member of 

15 the clergy, affirming that the domestic 

16 employee, or individual described in 

17 paragraph (2)(D), is a victim of do18 mestic violence, sexual assault, or 

19 stalking. 

20 (iii) REQUIREMENTS.—The require21 ments of subparagraph (B) shall apply to 

22 certifications under this paragraph, except 

23 that— 


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•S 4552 IS

1 (I) subclauses (III) through (V) 

2 of clause (ii) of such subparagraph 

3 shall not apply; 

4 (II) the certification shall state 

5 the reason that the leave is required 

6 with the facts to be disclosed limited 

7 to the minimum necessary to establish 

8 a need for the domestic employee to 

9 be absent from work, and the domes10 tic employee shall not be required to 

11 explain the details of the domestic vio12 lence, sexual assault, or stalking in13 volved; and 

14 (III) with respect to confiden15 tiality under clause (iv) of such sub16 paragraph, any information provided 

17 to the employer under this subpara18 graph shall be confidential, except to 

19 the extent that any disclosure of such 

20 information is— 

21 (aa) requested or consented 

22 to in writing by the domestic em23 ployee; or 

24 (bb) otherwise required by 

25 applicable Federal or State law. 


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•S 4552 IS

1 (iv) SPECIFICATION OF DOCUMENTA2 TION.—An employer may not specify which 

3 of the forms of documentation described in 

4 subclause (I), (II), or (III) of clause (ii) is 

5 required to be provided in order to satisfy 

6 the requirement under clause (i). 

7 (c) CONSTRUCTION AND APPLICATION.— 

8 (1) EFFECT ON OTHER LAWS.— 

9 (A) FEDERAL AND STATE ANTI-DISCRIMI10 NATION LAWS.—Nothing in this section shall be 

11 construed to modify or affect any Federal or 

12 State law prohibiting discrimination on the 

13 basis of race, religion, color, national origin, sex 

14 (including sexual orientation and gender iden15 tity), age, disability, marital status, familial sta16 tus, or any other protected status. 

17 (B) STATE AND LOCAL LAWS.—Nothing in 

18 this section shall be construed to supersede (in19 cluding preempting) any provision of any State 

20 or local law that provides greater paid sick time 

21 or leave rights (including greater amounts of 

22 paid sick time or leave or greater coverage of 

23 those eligible for paid sick time or leave) than 

24 the rights established under this section. 


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•S 4552 IS

1 (2) EFFECT ON EXISTING EMPLOYMENT BENE2 FITS.— 

3 (A) MORE PROTECTIVE.—Nothing in this 

4 section shall be construed to diminish the obli5 gation of an employer to comply with any con6 tract, collective bargaining agreement, or em7 ployment benefit program or plan that provides 

8 greater paid sick leave or other leave rights to 

9 domestic employees or other individuals than 

10 the rights established under this section. 

11 (B) LESS PROTECTIVE.—The rights estab12 lished for domestic employees under this section 

13 shall not be diminished by any contract, any 

14 collective bargaining agreement, or any employ15 ment benefit program or plan. 

16 (d) EFFECTIVE DATE.—This section, other than sub17 section (b)(4)(B)(iii), takes effect 2 years after the date 

18 of enactment of this Act. 

19 SEC. 112. FAIR SCHEDULING PRACTICES. 

20 (a) DEFINITIONS.—In this section: 

21 (1) COVERED DOMESTIC EMPLOYEE.—The term 

22 ‘‘covered domestic employee’’ has the meaning given 

23 the term in section 110(a). 

24 (2) SCHEDULED WORK HOURS.—The term 

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•S 4552 IS

1 fied day during which a domestic employee is, 

2 through a written agreement or schedule, required 

3 by the employer of the domestic employee to perform 

4 domestic services for the employer and for which the 

5 domestic employee will receive compensation for such 

6 services. 

7 (b) REQUIREMENT FOR NOTICE OF COVERED DO8 MESTIC EMPLOYEE.—In the case of a covered domestic 

9 employee of an employer, the employer shall provide the 

10 covered domestic employee notice of the scheduled work 

11 hours of such employee through— 

12 (1) a written agreement described in subclause 

13 (I) of section 110(d)(1)(F)(iv) regarding a schedule 

14 of the time of day and the days of the week the cov15 ered domestic employee is expected to work for the 

16 employer each week; or 

17 (2) a schedule agreed upon by the employer and 

18 the covered domestic employee provided in the 

19 amount of time specified in accordance with a writ20 ten agreement described in subclause (II) of such 

21 section, regarding a good faith estimate of the time 

22 of day and the days of the week that the covered do23 mestic employee is expected to work for the em24 ployer. 


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•S 4552 IS

1 (c) REQUIREMENTS FOR CHANGES TO SCHEDULED

2 WORK HOURS AND REPORTING TIME PAY.—An employer 

3 shall— 

4 (1) communicate in writing (which may be in 

5 an electronic form) any change to the scheduled 

6 work hours of each domestic employee of the em7 ployer, including any on-call shifts, not less than 72 

8 hours before the domestic employee is scheduled to 

9 begin work; and 

10 (2) pay each domestic employee of the em11 ployer— 

12 (A) the regular rate of pay of the domestic 

13 employee for any scheduled work hours the do14 mestic employee does not work due to the em15 ployer canceling or reducing the scheduled work 

16 hours of the domestic employee after the do17 mestic employee arrives to work for the sched18 uled work hours; or 

(B) at a rate of 1 19 ⁄2 of the regular rate of 

20 pay of the domestic employee for any scheduled 

21 work hours the domestic employee does not 

22 work due to the employer canceling or reducing 

23 the scheduled work hours of the domestic em24 ployee at a time that is less than 72 hours prior 


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•S 4552 IS

1 to the commencement of such scheduled work 

2 hours, unless the employer— 

3 (i) is an individual with a disability 

4 relying on the domestic employee for dis5 ability supports and services (or an em6 ployer supporting an individual with a dis7 ability); and 

8 (ii) requests the domestic employee to 

9 consent to work alternative, equivalent 

10 scheduled work hours within a 7-day pe11 riod and the employee consents to work 

12 such alternative, equivalent hours. 

13 (d) RIGHT TO DECLINE SCHEDULE CHANGES.— 

14 (1) IN GENERAL.—If an employer intends to 

15 schedule a covered domestic employee for work dur16 ing hours that are identified as hours in which the 

17 employee can typically expect to be scheduled as off 

18 from work in accordance with the written agreement 

19 under section 110(d)(1)(F)(iv)(I) or are identified as 

20 hours outside of the good faith estimate under sec21 tion 110(d)(1)(F)(iv)(II)(cc)), the employer shall ob22 tain the written consent of the covered domestic em23 ployee to work such hours prior to the commence24 ment of such work. 


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•S 4552 IS

1 (2) CONSENT.—A covered domestic employee 

2 may provide written consent under paragraph (1) in 

3 an electronic format. 

4 (e) EXCEPTIONS.— 

5 (1) IN GENERAL.—Notwithstanding any provi6 sion in this section, the requirements under sub7 section (c) shall not apply— 

8 (A) during any period in which the oper9 ations of the employer cannot begin or continue 

10 due to— 

11 (i) a fire, flood, or other natural dis12 aster; 

13 (ii) a major disaster or emergency de14 clared by the President under section 401 

15 or 501, respectively, of the Robert T. Staf16 ford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 5170, 5191) or a 

18 state of emergency declared by a Governor 

19 of a State or chief official of a unit of local 

20 government; or 

21 (iii) a severe weather condition that 

22 poses a threat to employee safety; or 

23 (B) in a case in which— 


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•S 4552 IS

1 (i) the domestic employee voluntarily 

2 requested in writing a change to the sched3 uled work hours of the employee; or 

4 (ii) the employer changes the sched5 uled work hours of a domestic employee 

6 due to— 

7 (I) a medical emergency requir8 ing the emergency medical treatment 

9 or hospitalization of the individual for 

10 whom the domestic employee is per11 forming domestic services or a child, a 

12 parent, a spouse, or a domestic part13 ner of such individual or any other in14 dividual related by blood or affinity 

15 whose close association with such indi16 vidual is the equivalent of a family re17 lationship; or 

18 (II) the risk of contagion or a 

19 quarantine requirement related to a 

20 public health emergency declared 

21 under section 319 of the Public 

22 Health Service Act (42 U.S.C. 247d). 

23 (2) SHARED LIVING ARRANGEMENT.—Notwith24 standing any provision in this section, the requireVerDate Sep 11 2014 22:43 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4552.IS S4552

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•S 4552 IS

1 ments under this section shall not apply to a shared 

2 living arrangement. 

3 (f) EFFECTIVE DATE.—This section shall take effect 

4 on the date that is 2 years after the date of enactment 

5 of this Act. 

6 SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY 

7 CHANGES TO SCHEDULED WORK HOURS DUE 

8 TO PERSONAL EVENTS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) COVERED DOMESTIC EMPLOYEE.—The term 

11 ‘‘covered domestic employee’’ has the meaning given 

12 the term in section 110(a). 

13 (2) DOMESTIC VIOLENCE.—The term ‘‘domestic 

14 violence’’ has the meaning given the term in section 

15 111(a). 

16 (3) PERSONAL EVENT.—The term ‘‘personal 

17 event’’, with respect to a covered domestic employee, 

18 means— 

19 (A) an event resulting in the need of the 

20 covered domestic employee to serve as a care21 giver for an individual related to the covered 

22 domestic employee by blood or affinity or whose 

23 close association with the covered domestic em24 ployee is the equivalent of a family relationship; 


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•S 4552 IS

1 (B) an event resulting from the obligation 

2 of a covered domestic employee to attend a legal 

3 proceeding or hearing for subsistence benefits, 

4 including benefits under the supplemental nutri5 tion assistance program established under the 

6 Food and Nutrition Act of 2008 (7 U.S.C. 

7 2011 et seq.) or under a State program for 

8 temporary assistance for needy families estab9 lished under part A of title IV of the Social Se10 curity Act (42 U.S.C. 601 et seq.), to which the 

11 employee, or an individual related to the em12 ployee as described in subparagraph (A), is a 

13 party or witness; or 

14 (C) any circumstance that would constitute 

15 a basis for permissible use of safe time or fam16 ily, medical, or sick leave, as determined based 

17 on the policy of the employer of the covered do18 mestic employee. 

19 (4) SAFE TIME.—The term ‘‘safe time’’, with 

20 respect to a covered domestic employee, means an 

21 absence from work of the employee resulting from 

22 domestic violence, sexual assault, or stalking, if the 

23 absence is to— 

24 (A) seek medical attention for the em25 ployee or a child, parent, spouse, or domestic 


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•S 4552 IS

1 partner of the employee, or any other individual 

2 related to the employee by blood or affinity 

3 whose close association with the employee is the 

4 equivalent of a family relationship, in order to 

5 recover from physical or psychological injury or 

6 disability caused by domestic violence, sexual 

7 assault, or stalking; 

8 (B) obtain, or assist a child, parent, 

9 spouse, domestic partner, or other individual 

10 described in subparagraph (A) in obtaining, 

11 services from a victim services organization; 

12 (C) obtain, or assist a child, parent, 

13 spouse, domestic partner, or other individual 

14 described in subparagraph (A) in obtaining, 

15 psychological or other counseling; 

16 (D) seek relocation for the employee or a 

17 child, parent, spouse, domestic partner, or other 

18 individual described in subparagraph (A); or 

19 (E) take legal action, including preparing 

20 for or participating in any civil or criminal legal 

21 proceeding related to or resulting from domestic 

22 violence, sexual assault, or stalking, of the em23 ployee or a child, parent, spouse, domestic part24 ner, or other individual described in subpara25 graph (A). 


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•S 4552 IS

1 (5) SCHEDULED WORK HOURS.—The term 

2 ‘‘scheduled work hours’’ has the meaning given such 

3 term in section 112(a), except that references in 

4 such section to the term ‘‘domestic employee’’ shall 

5 be deemed to be a reference to the term ‘‘covered 

6 domestic employee’’. 

7 (6) SEXUAL ASSAULT; STALKING.—The terms 

8 ‘‘sexual assault’’ and ‘‘stalking’’ have the meanings 

9 given such terms in section 111(a). 

10 (7) TEMPORARY CHANGE.—The term ‘‘tem11 porary change’’, with respect to a change in the 

12 scheduled work hours of a covered domestic em13 ployee, means a limited alteration in the hours or 

14 dates that, or locations where, a employee is sched15 uled to work, including such an alteration involving 

16 using paid time off, trading work hours with another 

17 individual, shifting work hours, or using short-term 

18 unpaid leave. 

19 (b) REQUEST.— 

20 (1) IN GENERAL.—In accordance with this sub21 section, for each calendar year, an employer shall, 

22 upon request of a covered domestic employee of the 

23 employer, grant to the covered domestic employee 

24 not less than— 


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•S 4552 IS

1 (A) 2 requests for a temporary change, 

2 covering not more than 1 work day per request, 

3 to the scheduled work hours of the employee 

4 due to a personal event; or 

5 (B) 1 request for a temporary change, cov6 ering not more than 2 work days, to the sched7 uled work hours of the employee due to a per8 sonal event. 

9 (2) NOTIFICATION OF REQUEST.— 

10 (A) IN GENERAL.—A covered domestic em11 ployee who requests a temporary change to the 

12 scheduled work hours of the employee due to a 

13 personal event under this subsection shall— 

14 (i) notify the employer or direct su15 pervisor of such employee, as soon as the 

16 employee becomes aware of the need for 

17 the temporary change and inform the em18 ployer or supervisor that the change is due 

19 to a personal event; and 

20 (ii) unless the employee seeks leave 

21 without pay, make a proposal regarding 

22 how the covered domestic employee will 

23 make the temporary change to the sched24 uled work hours of the employee (such as 

25 by using the any earned paid time off of 


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•S 4552 IS

1 the domestic employee or by trading work 

2 hours). 

3 (B) FORMAT OF NOTIFICATION.—A notifi4 cation under subparagraph (A)(i) need not be 

5 in writing. 

6 (c) EFFECTIVE DATE.—This section shall take effect 

7 on the date that is 2 years after the date of enactment 

8 of this Act. 

9 SEC. 114. PRIVACY. 

10 (a) IN GENERAL.—An employer shall not— 

11 (1) monitor or record a domestic employee of 

12 the employer while such domestic employee is— 

13 (A) using restroom or bathing facilities; 

14 (B) in the private living quarters of the 

15 employee; or 

16 (C) engaging in any activities associated 

17 with the dressing, undressing, or changing of 

18 clothes of the employee; 

19 (2) subject to subsection (b), restrict or inter20 fere with, or monitor, the private communications of 

21 such domestic employee; or 

22 (3) take possession of any documents or other 

23 personal effects of such domestic employee. 

24 (b) PRIVATE COMMUNICATIONS.—An employer 

25 may— 


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•S 4552 IS

1 (1) restrict, interfere with, or monitor the pri2 vate communications of a domestic employee of the 

3 employer if the employer has a reasonable belief that 

4 such communications significantly interfere with the 

5 domestic employee’s performance of expected duties; 

6 and 

7 (2) establish reasonable restrictions on the pri8 vate communications of the domestic employee while 

9 such employee is performing domestic services for 

10 the employer. 

11 (c) RELATION TO OTHER LAWS.—This section shall 

12 not preclude liability under any other law. 

13 (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In 

14 this section, the term ‘‘private communications’’ means 

15 any communication through telephone or internet services, 

16 including sending and receiving communications by text 

17 message, social media, electronic mail, and telephone, with 

18 an entity or individual other than the employer. 

19 SEC. 115. BREAKS FOR MEALS AND REST. 

20 (a) MEAL BREAKS.— 

21 (1) IN GENERAL.—Except as provided in sub22 section (c), an employer shall not require a domestic 

23 employee to work more than 5 hours for such em24 ployer without an uninterrupted meal break of not 

25 less than 30 minutes. The number of hours worked 


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•S 4552 IS

1 by a domestic employee for purposes of this para2 graph shall be calculated without regard to any rest 

3 break the employee takes and to which the employee 

4 has a right under subsection (b). 

5 (2) RATE OF PAY.—An employer shall pay a 

6 domestic employee for a meal break under para7 graph (1) at the regular rate of pay of the domestic 

8 employee unless the domestic employee is relieved of 

9 all duty for not less than 30 minutes during the 

10 meal break and is permitted to leave the work site 

11 during such break. 

12 (3) PAID MEAL BREAK.—Except as provided in 

13 subsection (c), for any paid meal break required 

14 under paragraph (1), an employer shall— 

15 (A) provide a reasonable opportunity for a 

16 domestic employee of the employer to take such 

17 break for a period of uninterrupted time that is 

18 not less than 30 minutes; and 

19 (B) not impede or discourage such a do20 mestic employee from taking such meal break. 

21 (b) REST BREAKS.— 

22 (1) IN GENERAL.—Except as provided in sub23 section (c), for every 4 hours of work that a domes24 tic employee is scheduled to perform for the em25 ployer, the employer shall allow the employee a rest 


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•S 4552 IS

1 break of not less than 10 uninterrupted minutes in 

2 which the domestic employee is relieved of all duties 

3 related to providing domestic services to the em4 ployer. The employer shall allow such rest break to 

5 occur during the first 3 hours of consecutive work 

6 performed by the employee for the employer. 

7 (2) RATE OF PAY.—An employer shall pay a 

8 domestic employee for all rest breaks under para9 graph (1) at the regular rate of pay of the employee. 

10 The employer shall not impede or discourage a do11 mestic employee from taking such breaks. 

12 (c) EXCEPTIONS.— 

13 (1) IN GENERAL.—Subject to paragraph 

14 (2)(B), a domestic employee may not have the right 

15 to a meal break under subsection (a), or a rest 

16 break under subsection (b), in a case in which the 

17 safety of an individual under the care of the domes18 tic employee prevents the domestic employee from 

19 taking such break. 

20 (2) ON-DUTY BREAKS.— 

21 (A) DEFINITION OF ON-DUTY.—In this 

22 subsection, the term ‘‘on-duty break’’, with re23 spect to a meal break under subsection (a) or 

24 a rest break under subsection (b), means a 

25 break in which the domestic employee— 


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•S 4552 IS

1 (i) is not relieved of all duties of the 

2 employee for the employer; and 

3 (ii) may, to the extent possible given 

4 the duties of the domestic employee for the 

5 employer, engage in personal activities, 

6 such as resting, eating a meal, drinking a 

7 beverage, making a personal telephone call, 

8 or making other personal choices. 

9 (B) AUTHORIZATION.—In a case described 

10 in paragraph (1), the domestic employee may 

11 still take an on-duty meal or rest break under 

12 subsection (a) or (b), respectively, if— 

13 (i) the nature of the work prevents a 

14 domestic employee from being relieved of 

15 all duties required of the domestic em16 ployee for the employer; and 

17 (ii) the domestic employee and the 

18 employer agree to such an on-duty meal or 

19 rest break in a written agreement, which 

20 shall include a provision allowing the do21 mestic employee to, in writing, revoke the 

22 agreement at any time . 

23 (C) RATE OF PAY.—An employer shall 

24 compensate a domestic employee for the time of 

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•S 4552 IS

1 graph at the regular rate of pay of the em2 ployee for the employer. 

3 (3) SHARED LIVING ARRANGEMENT.—The re4 quirements under this section shall not apply in the 

5 case of a shared living arrangement. 

6 SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT7 AGES, BREAKAGES, LOSS, OR MODES OF COM8 MUNICATION. 

9 (a) IN GENERAL.—An employer may not make any 

10 deduction from the wage of, or require any reimbursement 

11 from, a domestic employee of the employer for— 

12 (1) any cash shortage of the employer; or 

13 (2) breakage or loss of the employer’s equip14 ment or other belongings. 

15 (b) COMMUNICATIONS.—An employer may not make 

16 any deduction from the wage of, or otherwise penalize, a 

17 domestic employee of the employer for communicating 

18 with a consumer of domestic services directly as opposed 

19 to communicating through an application or other mes20 saging service provided by an on-demand platform or oth21 erwise required by the employer. 

22 (c) VIOLATION.—Any deduction or reimbursement in 

23 violation of subsection (a) or (b) shall be deemed an un24 paid wage for purposes of enforcement under section 118, 


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•S 4552 IS

1 and the domestic employee shall have the right to recover 

2 such wage in accordance with such section. 

3 SEC. 117. PROHIBITED ACTS. 

4 (a) INTERFERENCE WITH RIGHTS.—It shall be un5 lawful for any person to interfere with, restrain, coerce, 

6 or deny any other person the exercise of, or the attempt 

7 to exercise, any right provided under this subtitle, includ8 ing— 

9 (1) discharging or in any manner discrimi10 nating against (including retaliating against) any 

11 domestic employee for— 

12 (A) exercising, or attempting to exercise, 

13 any right provided under this subtitle; or 

14 (B) engaging in concerted activities for the 

15 purpose of collective bargaining or other mutual 

16 aid or protection, regardless of whether such ac17 tivities are with domestic employees of different 

18 employers or domestic employees at different 

19 worksites; and 

20 (2) discriminating against any domestic em21 ployee by using the exercise of a right provided 

22 under this subtitle as a negative factor in an employ23 ment action, such as an action involving hiring, pro24 motion, or changing work hours or number of shifts, 

25 or a disciplinary action. 


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•S 4552 IS

1 (b) RETALIATION PROTECTION.—It shall be unlawful 

2 for any employer to discharge, demote, suspend, reduce 

3 the work hours of, take any other adverse employment ac4 tion against, threaten to take an adverse employment ac5 tion against, or in any other manner discriminate against 

6 a domestic employee with respect to compensation, terms, 

7 conditions, or privileges of employment because the domes8 tic employee (or any person acting pursuant to the request 

9 of the domestic employee), whether at the initiative of the 

10 domestic employee or in the ordinary course of the domes11 tic employee’s duties— 

12 (1) opposes any practice made unlawful under 

13 this subtitle; 

14 (2) asserts any claim or right under this sub15 title; 

16 (3) assists a domestic employee in asserting 

17 such claim or right; 

18 (4) informs any domestic employee about this 

19 subtitle; 

20 (5) requests a change to the written agreement 

21 described in section 110; 

22 (6) requests a change in scheduled work hours 

23 described in section 112, or any other schedule 

24 change, without regard to the eligibility of such do25 mestic employee to receive any such change; 


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•S 4552 IS

1 (7) participates as a member of, or takes an ac2 tion described in paragraph (8) with respect to, the 

3 Domestic Employee Standards Board described in 

4 section 201; 

5 (8)(A) files an action, or institutes or causes to 

6 be instituted any proceeding, under or related to this 

7 subtitle; 

8 (B) gives, or is about to give, any information 

9 in connection with any inquiry or proceeding relating 

10 to any right provided under this subtitle; or 

11 (C) testifies, or is about to testify, in any in12 quiry or proceeding relating to any right provided 

13 under this subtitle; and 

14 (9) engages in concerted activities for the pur15 pose of collective bargaining or other mutual aid or 

16 protection, regardless of whether such activities are 

17 with domestic employees of different employers or 

18 domestic employees at different worksites. 

19 (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI20 NATION.—For purposes of subsections (a) and (b), dis21 crimination with respect to compensation, terms, condi22 tions, or privileges of employment occurs if a person un23 dertakes any of the following activities (unless such activ24 ity is legal conduct undertaken at the express and specific 

25 direction or request of the Federal Government): 


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•S 4552 IS

1 (1) Reporting or threatening to report the citi2 zenship or immigration status of a domestic em3 ployee or the suspected citizenship or immigration 

4 status of a family member of such an individual, to 

5 a Federal, State, or local agency. 

6 (2) Requesting more or different documents 

7 than those required under section 274A(b) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1324a(b)), or refusing to honor documents that on 

10 their face appear to be genuine. 

11 (3) Using the Federal E-Verify system to check 

12 employment status in a manner not required under 

13 section 274A(b) of the Immigration and Nationality 

14 Act (8 U.S.C. 1324a(b)) or any memorandum gov15 erning use of the E-Verify system. 

16 (4) Filing or threatening to file a false police 

17 report relating to the immigration status of a do18 mestic employee or a family member of a domestic 

19 employee. 

20 (5) Contacting or threatening to contact immi21 gration authorities relating to the immigration sta22 tus of a domestic employee or a family member of 

23 a domestic employee. 

24 (d) PRESUMPTION OF RETALIATION.— 


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•S 4552 IS

1 (1) IN GENERAL.—For the purposes of sub2 sections (a) and (b), proof that a person discharged 

3 an individual or discriminated against an individual 

4 with respect to compensation, terms, conditions, or 

5 privileges of employment, within 90 days of the indi6 vidual involved asserting any claim or right under 

7 this subtitle, or assisting any other individual in as8 serting such a claim or right, shall raise a presump9 tion that the discharge or discrimination was in re10 taliation as prohibited under subsection (a) or (b), 

11 as the case may be. 

12 (2) REBUTTAL.—The presumption under para13 graph (1) may be rebutted by clear and convincing 

14 evidence that such discharge or discrimination was 

15 taken for another permissible reason. 

16 SEC. 118. ENFORCEMENT AUTHORITY. 

17 (a) IN GENERAL.— 

18 (1) APPLICATION.—In this subsection— 

19 (A) the term ‘‘domestic employee’’ means a 

20 domestic employee described in subsection 

21 (e)(1)(A); and 

22 (B) the term ‘‘employer’’ means an em23 ployer described in clause (i) or (ii) of subpara24 graph (A) and subparagraph (B) of subsection 

25 (e)(2). 


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•S 4552 IS

1 (2) INVESTIGATIVE AUTHORITY.— 

2 (A) IN GENERAL.—To ensure compliance 

3 with the provisions of this subtitle, or any regu4 lation or order issued under this subtitle, the 

5 Secretary shall have the investigative authority 

6 provided under section 11(a) of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 211(a)), 

8 with respect to employers, domestic employees, 

9 and other individuals affected. 

10 (B) OBLIGATION TO KEEP AND PRESERVE

11 RECORDS.—An employer shall make, keep, and 

12 preserve records pertaining to compliance with 

13 this subtitle in accordance with section 11(c) of 

14 the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 211(c)) and in accordance with regula16 tions prescribed by the Secretary. 

17 (C) REQUIRED SUBMISSIONS GENERALLY

18 LIMITED TO AN ANNUAL BASIS.—The Secretary 

19 shall not require under this paragraph an em20 ployer to submit to the Secretary any books or 

21 records more than once during any 12-month 

22 period, unless the Secretary— 

23 (i) has reasonable cause to believe 

24 there may exist a violation of this subtitle, 


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•S 4552 IS

1 including any regulation or order issued 

2 under this subtitle; or 

3 (ii) is investigating a charge under 

4 paragraph (4). 

5 (D) SUBPOENA AUTHORITY.—For the pur6 poses of any investigation under this paragraph, 

7 the Secretary shall have the subpoena authority 

8 provided under section 9 of the Fair Labor 

9 Standards Act of 1938 (29 U.S.C. 209). 

10 (3) CIVIL ACTION BY DOMESTIC EMPLOYEES.— 

11 (A) RIGHT OF ACTION.—An action to re12 cover the damages or equitable relief prescribed 

13 in subparagraph (B) may be maintained 

14 against an employer by one or more domestic 

15 employees, or a representative for and on behalf 

16 of the domestic employees and any other do17 mestic employees that may be similarly situ18 ated. 

19 (B) LIABILITY.—An employer that violates 

20 this subtitle shall be liable to a domestic em21 ployee aggrieved by the violation, except as pro22 vided in subparagraphs (C) and (D), for— 

23 (i) damages equal to— 

24 (I) the amount of— 


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1 (aa) any wages, salary, em2 ployment benefits, or other com3 pensation denied or lost by rea4 son of the violation; or 

5 (bb) in a case in which 

6 wages, salary, employment bene7 fits, or other compensation have 

8 not been denied or lost, any ac9 tual monetary losses sustained, 

10 or the costs reasonably related to 

11 damage to or loss of property, or 

12 any other injury to the person, 

13 reputation, character, or feelings, 

14 sustained by a domestic employee 

15 as a direct result of the violation, 

16 or any injury to another person 

17 sustained as a direct result of the 

18 violation, by the employer; 

19 (II) the interest on the amount 

20 described in subclause (I) calculated 

21 at the prevailing rate; 

22 (III) an additional amount as liq23 uidated damages; and 

24 (IV) such other legal relief as 

25 may be appropriate; 


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1 (ii) such equitable relief as may be ap2 propriate, including employment, reinstate3 ment, and promotion; and 

4 (iii) a reasonable attorney’s fee, rea5 sonable expert witness fees, and other costs 

6 of the action. 

7 (C) MEAL AND REST BREAKS.—In the case 

8 of a violation of section 115, an employer in9 volved shall be liable under subparagraph (B)— 

10 (i) for the amount of damages de11 scribed in subclauses (I), (II), and (III) of 

12 subparagraph (B)(i); and 

13 (ii) under subparagraph (B)(i)(IV), 

14 for each such violation, for an amount 

15 equal to 1 hour of pay at the domestic em16 ployee’s regular rate of compensation (but 

17 not more than 2 hours of such pay for 

18 each workday for which the employer is in 

19 violation of such section). 

20 (D) WRITTEN AGREEMENTS.—In the case 

21 of a violation of section 110, the employer in22 volved shall be liable, under subparagraph 

23 (B)(i)(I), for an amount equal to $5,000. 


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1 (E) VENUE.—An action under this para2 graph may be maintained in any Federal or 

3 State court of competent jurisdiction. 

4 (4) ACTION BY THE SECRETARY.— 

5 (A) ADMINISTRATIVE ACTION.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), and subparagraphs (C) and (D) of 

8 paragraph (3), the Secretary shall receive, 

9 investigate, and attempt to resolve com10 plaints of violations of this subtitle in the 

11 same manner that the Secretary receives, 

12 investigates, and attempts to resolve com13 plaints of violations of sections 6, 7, and 

14 15(a)(3) of the Fair Labor Standards Act 

15 of 1938 (29 U.S.C. 206, 207, and 

16 215(a)(3)), including the Secretary’s au17 thority to supervise payment of wages and 

18 compensation under section 16(c) of the 

19 Fair Labor Standards Act of 1938 (29 

20 U.S.C. 216(c)). 

21 (ii) VIOLATIONS GENERALLY.—The 

22 Secretary may assess a civil penalty 

23 against an employer that violates any sec24 tion of this subtitle— 


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•S 4552 IS

1 (I) of not more than $15,000 for 

2 any first violation of any such section 

3 by such employer; and 

4 (II) of not more than $25,000 

5 for any subsequent violation of any 

6 such section by such employer. 

7 (B) ADMINISTRATIVE REVIEW.—Any ag8 grieved dislocated employee who takes exception 

9 to an order issued by the Secretary under sub10 paragraph (A) may request review of and a de11 cision regarding such order by an administra12 tive law judge. In reviewing the order, the ad13 ministrative law judge may hold an administra14 tive hearing concerning the order, in accordance 

15 with the requirements of sections 554, 556, and 

16 557 of title 5, United States Code. Such hear17 ing shall be conducted expeditiously. If no ag18 grieved dislocated employee requests such re19 view within 60 days after the order is issued 

20 under subparagraph (A), the order shall be con21 sidered to be a final order that is not subject 

22 to judicial review. 

23 (C) CIVIL ACTION.—The Secretary may 

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1 graph (3)(B) on behalf of a domestic employee 

2 aggrieved by a violation of this subtitle. 

3 (D) SUMS RECOVERED.— 

4 (i) IN GENERAL.—Any sums recovered 

5 by the Secretary under subparagraph (C) 

6 shall be held in a special deposit account 

7 and shall be paid, on order of the Sec8 retary, directly to each domestic employee 

9 aggrieved by the violation for which the ac10 tion was brought. Any such sums not paid 

11 to a domestic employee because of inability 

12 to do so within a period of 3 years shall be 

13 deposited into the Treasury of the United 

14 States as a miscellaneous receipt. 

15 (ii) CIVIL PENALTY.—Any sums re16 covered by the Secretary under subpara17 graph (A)(ii) shall be deposited into the 

18 general fund of the Treasury of the United 

19 States as a miscellaneous receipt. 

20 (5) LIMITATION.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), an action may be brought 

23 under paragraph (3), (4), or (6) not later than 

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1 tuting the alleged violation for which the action 

2 is brought. 

3 (B) WILLFUL VIOLATION.—In the case of 

4 an action brought for a willful violation of this 

5 subtitle, such action may be brought not later 

6 than 3 years after the date of the last event 

7 constituting the alleged violation for which such 

8 action is brought. 

9 (C) COMMENCEMENT.—An action shall be 

10 considered commenced under paragraph (3), 

11 (4), or (6) for the purposes of this paragraph 

12 on the date on which the complaint is filed 

13 under such paragraph (3), (4), or (6). 

14 (6) ACTION FOR INJUNCTION.—The district 

15 courts of the United States together with the Dis16 trict Court of the Virgin Islands and the District 

17 Court of Guam shall have jurisdiction, for cause 

18 shown, in an action brought by a domestic employee 

19 or the Secretary— 

20 (A) to restrain violations of this subtitle, 

21 including the withholding of a written agree22 ment from a domestic employee as required 

23 under section 110, or of any withholding of 

24 payment of wages, salary, employment benefits, 

25 or other compensation, plus interest, found by 


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1 the court to be due to a domestic employee 

2 under this subtitle; or 

3 (B) to award such other equitable relief as 

4 may be appropriate, including employment, re5 instatement, and promotion, for a violation of 

6 this subtitle. 

7 (7) SOLICITOR OF LABOR.—The Solicitor of 

8 Labor may appear for and represent the Secretary 

9 on any litigation brought under paragraph (4) or 

10 (6). 

11 (8) GOVERNMENT ACCOUNTABILITY OFFICE

12 AND LIBRARY OF CONGRESS.—Notwithstanding any 

13 other provision of this subsection, in the case of the 

14 Government Accountability Office and the Library of 

15 Congress, the authority of the Secretary of Labor 

16 under this subsection shall be exercised respectively 

17 by the Comptroller General of the United States and 

18 the Librarian of Congress. 

19 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC20 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

21 procedures provided in the Congressional Accountability 

22 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de23 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

24 person, alleging a violation of section 202(a)(1) of that 

25 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 


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1 and procedures this Act provides to that Board, or any 

2 person, alleging an unlawful employment practice in viola3 tion of this subtitle against a domestic employee described 

4 in subsection (e)(1)(B). 

5 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

6 3, UNITED STATES CODE.—The powers, remedies, and 

7 procedures provided in chapter 5 of title 3, United States 

8 Code, to the President, the Merit Systems Protection 

9 Board, or any person, alleging a violation of section 

10 412(a)(1) of that title, shall be the powers, remedies, and 

11 procedures this Act provides to the President, that Board, 

12 or any person, respectively, alleging an unlawful employ13 ment practice in violation of this subtitle against a domes14 tic employee described in subsection (e)(1)(C). 

15 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

16 5, UNITED STATES CODE.—The powers, remedies, and 

17 procedures provided in title 5, United States Code, to an 

18 employing agency, provided in chapter 12 of that title to 

19 the Merit Systems Protection Board, or provided in that 

20 title to any person, alleging a violation of chapter 63 of 

21 that title, shall be the powers, remedies, and procedures 

22 this Act provides to that agency, that Board, or any per23 son, respectively, alleging an unlawful employment prac24 tice in violation of this subtitle against a domestic em25 ployee described in subsection (e)(1)(D). 


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1 (e) DEFINITION.—In section 117 and this section: 

2 (1) DOMESTIC EMPLOYEE.—Notwithstanding 

3 section 3, the term ‘‘domestic employee’’ means— 

4 (A) a domestic employee (as defined in 

5 such section) who is employed by an employer 

6 described in clause (i) or (ii) of subparagraph 

7 (A) and subparagraph (B) of paragraph (2) for 

8 the performance of domestic services; 

9 (B) a domestic employee (as defined in 

10 such section) who is employed by an employer 

11 described in subparagraphs (A)(iii) and (B) of 

12 paragraph (2) for the performance of domestic 

13 services; 

14 (C) a domestic employee (as defined in 

15 such section) who is employed by an employer 

16 described in subparagraphs (A)(iv) and (B) of 

17 paragraph (2) for the performance of domestic 

18 services; and 

19 (D) a domestic employee (as defined in 

20 such section) who is employed by an employer 

21 described in subparagraphs (A)(v) and (B) of 

22 paragraph (2) for the performance of domestic 

23 service. 

24 (2) EMPLOYER.—Notwithstanding section 3, 

25 the term ‘‘employer’’ means a person who is— 


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•S 4552 IS

1 (A)(i) an employer, as defined in section 3 

2 of the Fair Labor Standards Act of 1938 (29 

3 U.S.C. 203), who is not covered under another 

4 clause of this subparagraph; 

5 (ii) an entity employing a State employee 

6 described in section 304(a) of the Government 

7 Employee Rights Act of 1991; 

8 (iii) an employing office, as defined in sec9 tion 101 of the Congressional Accountability 

10 Act of 1995; 

11 (iv) an employing office, as defined in sec12 tion 411(c) of title 3, United States Code; or 

13 (v) an employing agency covered under 

14 subchapter V of chapter 63 of title 5, United 

15 States Code; and 

16 (B) engaged in commerce or the produc17 tion of goods for commerce or is an enterprise 

18 engaged in commerce or in the production of 

19 goods for commerce. 

20 SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS 

21 AND OTHER LAWS. 

22 (a) IN GENERAL.—Nothing in this subtitle shall— 

23 (1) supersede a provision in a collective bar24 gaining agreement; or 


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•S 4552 IS

1 (2) be construed to diminish the obligation of 

2 an employer to comply with any contract, collective 

3 bargaining agreement, or employment benefit pro4 gram or plan that provides greater rights or benefits 

5 to domestic employees than the rights established 

6 under this Act. 

7 (b) OTHER LAWS.—Nothing in this subtitle shall— 

8 (1) affect the obligation of an employer to pro9 vide a reasonable accommodation in the form of a 

10 change to the work schedule of a domestic employee 

11 required under any other law, or to otherwise comply 

12 with any other law; 

13 (2) preempt, limit, or otherwise affect the appli14 cability of any State or local law that provides com15 parable or superior benefits for domestic employees 

16 to the requirements under this subtitle; or 

17 (3) diminish the rights, privileges, or remedies 

18 of any domestic employee under any Federal or 

19 State law or under any collective bargaining agree20 ment. 

21 (c) NO WAIVERS.—The rights and remedies in this 

22 subtitle may not be waived by a domestic employee 

23 through any agreement, policy, or form, or as a condition 

24 of employment. 


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1 Subtitle C—Amendment to Title 

2 VII of the Civil Rights Act of 1964 

3 SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN 

4 CIVIL RIGHTS PROTECTIONS AGAINST DIS5 CRIMINATION IN EMPLOYMENT. 

6 Section 701(b) of the Civil Rights Act of 1964 (42 

7 U.S.C. 2000e(b)) is amended by striking ‘‘but’’ and insert8 ing ‘‘and a person who employs a domestic employee (as 

9 defined in section 3(b)(6) of the Domestic Worker Bill of 

10 Rights Act of 2024), but’’. 

11 TITLE II—STANDARDS BOARD 

12 AND BENEFITS 

13 SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD. 

14 (a) ESTABLISHMENT AND PURPOSES.—The Sec15 retary shall establish a board to be known as the ‘‘Domes16 tic Employee Standards Board’’ (referred to in this sec17 tion as the ‘‘Board’’) to investigate standards in the do18 mestic employees industry and issue recommendations to 

19 the Secretary under subsection (e)(1), in order to promote 

20 the health, safety, and well-being of domestic employees. 

21 (b) MEMBERSHIP.— 

22 (1) COMPOSITION.—The Board shall be com23 posed of 11 members, of which— 


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1 (A) 5 shall be individuals, appointed by the 

2 Secretary in accordance with paragraph (2), 

3 representing domestic employees; 

4 (B) 5 shall be individuals, appointed by the 

5 Secretary in accordance with paragraph (3), 

6 representing employers of domestic employees; 

7 and 

8 (C) 1 shall be an individual appointed by 

9 the Secretary who is an expert on the domestic 

10 services sector and who is from academia, the 

11 nonprofit sector, or a Federal, State, or local 

12 governmental agency. 

13 (2) DOMESTIC EMPLOYEES SEATS.— 

14 (A) IN GENERAL.—The Secretary shall ap15 point members of the Board representing do16 mestic employees from among individuals nomi17 nated under subparagraph (B) by eligible em18 ployee organizations. 

19 (B) SELECTION OF ELIGIBLE EMPLOYEE

20 ORGANIZATIONS.—The Secretary shall enter 

21 into agreements, on a competitive basis, with el22 igible employee organizations for such organiza23 tions to nominate individuals to serve as mem24 bers of the Board representing domestic em25 ployees. 


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1 (C) SELECTING INDIVIDUALS ON THE

2 BOARD.—For each individual nominated under 

3 subparagraph (B), the Secretary shall submit a 

4 report to Congress indicating whether the Sec5 retary has decided to appoint the individual to 

6 the Board and the reasons for such decision. 

7 (D) DEFINITION OF ELIGIBLE EMPLOYEE

8 ORGANIZATION.—In this paragraph, the term 

9 ‘‘eligible employee organization’’ means an or10 ganization that— 

11 (i) is not an employer of a domestic 

12 employee or an employment agency; 

13 (ii) represents members of the organi14 zation, including domestic employees; 

15 (iii)(I) is described in paragraph (3), 

16 (4), or (5) of section 501(c) of the Internal 

17 Revenue Code of 1986, and exempt from 

18 taxation under section 501(a) of such 

19 Code; and 

20 (II) is organized and operated for the 

21 betterment of employees, including domes22 tic employees; 

23 (iv) engages in public advocacy to pro24 mote the health and well-being of domestic 

25 employees; 


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•S 4552 IS

1 (v) has a governing structure that 

2 promotes the decisionmaking power of do3 mestic employees; and 

4 (vi) submits an application to the Sec5 retary at such time, in such manner, and 

6 containing such information as the Sec7 retary may reasonably require. 

8 (3) EMPLOYER SEATS.— 

9 (A) IN GENERAL.—The Secretary shall ap10 point members of the Board representing em11 ployers of domestic employees from among indi12 viduals nominated by eligible hiring organiza13 tions under subparagraph (B). 

14 (B) SELECTION OF ELIGIBLE HIRING OR15 GANIZATIONS.—The Secretary shall enter into 

16 agreements on a competitive basis with eligible 

17 hiring organizations for such organizations to 

18 nominate individuals to serve as members of the 

19 Board representing employers of domestic em20 ployees. 

21 (C) SELECTING INDIVIDUALS ON THE

22 BOARD.— 

23 (i) IN GENERAL.—For each individual 

24 nominated under subparagraph (B), the 

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1 gress indicating whether the Secretary has 

2 decided to appoint the individual to the 

3 Board and the reasons for such decision. 

4 (ii) REQUIREMENTS FOR APPOINT5 MENTS.—The Secretary shall ensure 

6 that— 

7 (I) not less than 2 seats under 

8 this paragraph are filled by an indi9 vidual who contracts with, or hires, 

10 not less than 1 domestic employee to 

11 work in the residence of the indi12 vidual; 

13 (II) not less than 1 seat under 

14 this paragraph is filled by a nomina15 tion from an eligible hiring organiza16 tion that is dedicated to the well-being 

17 of domestic employees; 

18 (III) not less than 1 seat under 

19 this paragraph is filled by an indi20 vidual who relies on a personal care 

21 aide or assistant financed through a 

22 State Medicaid program under title 

23 XIX of the Social Security Act (42 

24 U.S.C. 1396 et seq.); 


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1 (IV) not less than 1 seat under 

2 this paragraph is filled by an indi3 vidual who— 

4 (aa) is an adult family mem5 ber of a Medicaid HCBS-eligible 

6 elderly individual or an individual 

7 with a disability; 

8 (bb) is an informal provider 

9 of in-home care to such Medicaid 

10 HCBS-eligible elderly individual 

11 or individual with a disability; 

12 and 

13 (cc) contracts with, or hires, 

14 1 or more domestic employees to 

15 provide additional care for the 

16 Medicaid HCBS-eligible elderly 

17 individual or individual with a 

18 disability; 

19 (V) a single employer does not 

20 fill more than 1 seat under this para21 graph; and 

22 (VI) any employer serving on the 

23 Board satisfies the requirements 

24 under clause (iii). 


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1 (iii) DISCLOSURE OF LABOR VIOLA2 TIONS.— 

3 (I) IN GENERAL.—The Secretary 

4 shall require that each employer that 

5 serves on the Board disclose to the 

6 Secretary, with respect to the pre7 ceding 5-year period— 

8 (aa) any administrative mer9 its determination, arbitral award 

10 or decision, or civil judgment, 

11 rendered against the employer 

12 for a violation of the labor laws 

13 listed in subclause (II); and 

14 (bb) any steps taken by the 

15 employer to correct a violation of 

16 or improve compliance with the 

17 labor laws listed in subclause 

18 (II), including any agreement en19 tered into with an enforcement 

20 agency. 

21 (II) LABOR LAWS.—The labor 

22 laws described in this subclause are 

23 each of the following: 


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•S 4552 IS

1 (aa) The Fair Labor Stand2 ards Act of 1938 (29 U.S.C. 201 

3 et seq.). 

4 (bb) Title VII of the Civil 

5 Rights Act of 1964 (42 U.S.C. 

6 2000e et seq.). 

7 (cc) The Occupational Safe8 ty and Health Act of 1970 (29 

9 U.S.C. 651 et seq.). 

10 (III) RESPONSIBLE SOURCE.— 

11 The Secretary shall consider informa12 tion disclosed by an employer under 

13 this clause to determine whether the 

14 employer has a satisfactory record of 

15 integrity and business ethics for pur16 poses of determining whether the em17 ployer shall serve on the Board. 

18 (D) DEFINITION OF ELIGIBLE HIRING OR19 GANIZATION.—In this paragraph, the term ‘‘eli20 gible hiring organization’’ means an organiza21 tion that— 

22 (i)(I) is an agency employing 2 or 

23 more domestic employees; or 


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1 (II) is an association of 2 or more in2 dividuals who hire or contract with domes3 tic employees; and 

4 (ii) submits an application to the Sec5 retary at such time, in such manner, and 

6 containing such information as the Sec7 retary may reasonably require. 

8 (4) CHAIRPERSON.—The Board shall select a 

9 Chairperson from among the members of the Board. 

10 (5) EXECUTIVE COMMITTEE.—The Chairperson 

11 shall assign an executive committee of 3 members of 

12 the Board, including not less than 1 representative 

13 appointed under paragraph (2) and 1 representative 

14 appointed under paragraph (3). Such executive com15 mittee shall establish an agenda and a work plan for 

16 the Board. 

17 (c) TERMS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), each member of the Board shall serve a 

20 term of 2 years. 

21 (2) INITIAL MEMBERS.—The Secretary shall 

22 stagger the terms of the Board members such 

23 that— 

24 (A) 6 of the initial members appointed to 

25 the Board serve a term of 4 years, including 3 


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•S 4552 IS

1 of the members described in subsection 

2 (b)(1)(A) and 3 of the members described in 

3 subsection (b)(1)(B); and 

4 (B) 5 of the initial members appointed to 

5 the Board serve a term of 2 years, including 2 

6 of the members described in subsection 

7 (b)(1)(A), 2 of the members described in sub8 section (b)(1)(B), and the member described in 

9 subsection (b)(1)(C). 

10 (3) VACANCIES.— 

11 (A) IN GENERAL.—A vacancy on the 

12 Board— 

13 (i) shall not affect the powers of the 

14 Board; and 

15 (ii) shall be filled in the same manner 

16 as the original appointment was made and 

17 shall be subject to any conditions that ap18 plied with respect to the original appoint19 ment. 

20 (B) FILLING UNEXPIRED TERMS.—An in21 dividual chosen to fill a vacancy shall be ap22 pointed for the unexpired term of the member 

23 replaced. 

24 (C) PRESUMPTION.—If a member of the 

25 Board is unable to fill the duties of the member 


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1 in serving on the Board or leaves the domestic 

2 service industry for a period that exceeds 90 

3 days while serving on the Board, the seat of the 

4 member shall be considered a vacancy for pur5 poses of this paragraph. 

6 (d) MEETINGS.— 

7 (1) IN GENERAL.—The Board shall meet at the 

8 call of the Chairperson. 

9 (2) PUBLIC NOTICE.—The call of the Chair10 person under paragraph (1) shall include notice to 

11 the public of the meeting. 

12 (3) INITIAL MEETING.—Not later than 90 days 

13 after the date on which all members of the Board 

14 have been appointed, the Board shall hold the initial 

15 meeting of the Board. 

16 (e) STANDARDS.— 

17 (1) PROCESS FOR RECOMMENDING STAND18 ARDS.— 

19 (A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of this Act, and 

21 every 3 years thereafter, the Board shall issue 

22 recommendations to the Secretary for standards 

23 that affect the well-being of domestic employ24 ees, including recommendations for— 


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•S 4552 IS

1 (i) workplace standards or regulations 

2 for domestic employees, including stand3 ards for— 

4 (I) occupational safety and health 

5 standards under the Occupational 

6 Safety and Health Act of 1970, that 

7 include the immediate protection of 

8 domestic employees from infectious 

9 diseases such as COVID–19; 

10 (II) standards or regulations, in11 cluding those on— 

12 (aa) wages; 

13 (bb) hours; 

14 (cc) benefits; and 

15 (dd) other matters that im16 pact working conditions; 

17 (ii) implementing and enforcing the 

18 rights of domestic employees granted 

19 under this Act and other Federal laws, in20 cluding rights for minimum wage, health, 

21 safety, and other workplace standards; and 

22 (iii) training and certification of do23 mestic employees and methods to ensure 

24 that training and certification results in 

25 higher wages. 


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1 (B) VOTING.— 

2 (i) IN GENERAL.—Any decision of the 

3 Board regarding a recommendation issued 

4 under subparagraph (A) shall be decided 

5 through a vote of the Board. In any such 

6 vote— 

7 (I) each voting member of the 

8 Board shall have 1 vote; 

9 (II) a quorum of the members of 

10 the Board shall be required to be in 

11 attendance at the vote; and 

12 (III) the vote shall be agreed to 

13 upon the affirmative vote of not less 

14 than a majority of the members of the 

15 Board present and voting. 

16 (ii) QUORUM.—A quorum required 

17 under clause (i)(II) shall not be formed if 

18 there are in attendance fewer than— 

19 (I) 2 members of the Board de20 scribed in subsection (b)(1)(A); or 

21 (II) 2 members of the Board de22 scribed in subsection (b)(1)(B). 

23 (2) RULEMAKING.— 

24 (A) AUTHORITY.—Subject to requirements 

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1 graph (3), the Secretary may issue a rule, in 

2 accordance with section 553 of title 5, United 

3 States Code, regarding any standard rec4 ommended by the Board under paragraph (1). 

5 (B) PROTECTION FROM INFECTIOUS DIS6 EASES.—To carry out paragraph (1)(A)(i)(I), 

7 the Assistant Secretary of Labor for Occupa8 tional Safety and Health may promulgate rules 

9 regarding occupational safety and health stand10 ards under authority and procedures of the Oc11 cupational Safety and Health Act of 1970 that 

12 include the immediate protection of domestic 

13 employees from infectious diseases such as 

14 COVID–19. 

15 (C) DECISION.— 

16 (i) IN GENERAL.—Not later than 90 

17 days after receiving a recommendation 

18 from the Board under paragraph (1), the 

19 Secretary shall provide a response on— 

20 (I) whether the Secretary will 

21 issue a rule under subparagraph (A) 

22 regarding such recommendation; and 

23 (II) if the Secretary issues such a 

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•S 4552 IS

1 ate from such recommendation 

2 through such rule. 

3 (ii) EXPLANATORY STATEMENT.—If 

4 the Secretary decides not to issue a rule 

5 under subparagraph (A) regarding a rec6 ommendation under paragraph (1) or de7 cides to deviate from such recommendation 

8 in such a rule, the Secretary shall have 90 

9 days after receiving such recommendation 

10 to issue a statement explaining the deci11 sion. 

12 (D) WORKPLACE STANDARDS.—No stand13 ard included in a rule issued under subpara14 graph (A) may be for a workplace standard 

15 that is less protective of domestic employees 

16 than any law in effect on the date of enactment 

17 of this Act for domestic employees under any 

18 Federal, State, or local law. 

19 (3) RECOMMENDATIONS TO CONGRESS.— 

20 (A) IN GENERAL.—For any recommenda21 tion made by the Board under paragraph (1) 

22 that the Secretary determines is not within the 

23 authority of the Secretary, the Secretary shall 

24 make a recommendation to Congress to take ac25 tion on the recommendation. 


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1 (B) HEARING AND INVESTIGATIONS.—Not 

2 later than 1 year after such a recommendation 

3 is made by the Secretary to Congress under 

4 subparagraph (A), Congress shall conduct a 

5 hearing on and investigate the recommendation. 

6 (C) RULEMAKING.—This paragraph is en7 acted by Congress— 

8 (i) as an exercise of the rulemaking 

9 power of the Senate and House of Rep10 resentatives, respectively, and as such it is 

11 deemed a part of the rules of each House, 

12 respectively, but applicable only with re13 spect to the procedure to be followed in 

14 that House in the case of a joint resolu15 tion, and it supersedes other rules only to 

16 the extent that it is inconsistent with such 

17 rules; and 

18 (ii) with full recognition of the con19 stitutional right of either House to change 

20 the rules (so far as relating to the proce21 dure of that House) at any time, in the 

22 same manner, and to the same extent as in 

23 the case of any other rule of that House. 

24 (f) POWERS.— 

25 (1) HEARINGS.— 


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1 (A) IN GENERAL.—The Board may hold 

2 such hearings, meet and act at such times and 

3 places, take such testimony, and receive such 

4 evidence as the Board considers advisable to 

5 carry out this section. 

6 (B) REQUIRED PUBLIC HEARINGS.—The 

7 Board shall, prior to issuing any recommenda8 tion under this section, hold public hearings to 

9 enable domestic employees across the United 

10 States to have access to the Board. Any such 

11 public hearing shall— 

12 (i) be held at such a time, in such a 

13 location, and in such a facility that ensures 

14 accessibility for domestic employees; 

15 (ii) include interpretation services in 

16 the languages most commonly spoken by 

17 domestic employees in the geographic re18 gion of the hearing; 

19 (iii) be held in each of the regions 

20 served by the regional offices of the Wage 

21 and Hour Division of the Department of 

22 Labor; and 

23 (iv) include eligible employee organiza24 tions in helping to populate the hearings. 

25 (2) INFORMATION FROM FEDERAL AGENCIES.— 


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1 (A) IN GENERAL.—The Board may secure 

2 directly from a Federal agency such informa3 tion as the Board considers necessary to carry 

4 out this section. 

5 (B) PROVISION OF INFORMATION.—On re6 quest of the Chairperson of the Board, the head 

7 of the agency shall provide the information to 

8 the Board. 

9 (3) POSTAL SERVICES.—The Board may use 

10 the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

13 (4) GIFTS.—The Board may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (g) BOARD PERSONNEL MATTERS.— 

16 (1) COMPENSATION OF MEMBERS.— 

17 (A) NON-FEDERAL EMPLOYEES.—A mem18 ber of the Board who is not an officer or em19 ployee of the Federal Government shall be com20 pensated at a rate equal to the daily equivalent 

21 of the annual rate of basic pay prescribed for 

22 level IV of the Executive Schedule under section 

23 5315 of title 5, United States Code, for each 

24 day (including travel time) during which the 


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•S 4552 IS

1 member is engaged in the performance of the 

2 duties of the Board. 

3 (B) FEDERAL EMPLOYEES.—A member of 

4 the Board who is an officer or employee of the 

5 Federal Government shall serve without com6 pensation in addition to the compensation re7 ceived for the services of the member as an offi8 cer or employee of the Federal Government. 

9 (2) TRAVEL EXPENSES.—A member of the 

10 Board shall be allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates authorized for 

12 an employee of an agency under subchapter I of 

13 chapter 57 of title 5, United States Code, while 

14 away from the home or regular place of business of 

15 the member in the performance of the duties of the 

16 Board. 

17 (3) STAFF.— 

18 (A) IN GENERAL.—The Chairperson of the 

19 Board may, without regard to the civil service 

20 laws (including regulations), appoint and termi21 nate an executive director and such other addi22 tional personnel as are necessary to enable the 

23 Board to perform the duties of the Board. 

24 (B) REQUIRED STAFF MEMBERS.—The 

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1 graph (A), designate not fewer than 2 full-time 

2 staff members to support the operation of the 

3 Board through logistical, administrative, and 

4 legislative activities. 

5 (C) CONFIRMATION OF EXECUTIVE DIREC6 TOR.—The employment of an executive director 

7 shall be subject to confirmation by the Board. 

8 (D) COMPENSATION.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (ii), the Chairperson of the Board 

11 may fix the compensation of the executive 

12 director and other personnel without re13 gard to the provisions of chapter 51 and 

14 subchapter III of chapter 53 of title 5, 

15 United States Code, relating to classifica16 tion of positions and General Schedule pay 

17 rates. 

18 (ii) MAXIMUM RATE OF PAY.—The 

19 rate of pay for the executive director and 

20 other personnel shall not exceed the rate 

21 payable for level V of the Executive Sched22 ule under section 5316 of title 5, United 

23 States Code. 

24 (4) DETAIL OF FEDERAL GOVERNMENT EM25 PLOYEES.— 


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1 (A) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Board without reimbursement. 

4 (B) CIVIL SERVICE STATUS.—The detail of 

5 the employee shall be without interruption or 

6 loss of civil service status or privilege. 

7 (5) PROCUREMENT OF TEMPORARY AND INTER8 MITTENT SERVICES.—The Chairperson of the Board 

9 may procure temporary and intermittent services in 

10 accordance with section 3109(b) of title 5, United 

11 States Code, at rates for individuals that do not ex12 ceed the daily equivalent of the annual rate of basic 

13 pay prescribed for level V of the Executive Schedule 

14 under section 5316 of that title. 

15 (h) RULE OF CONSTRUCTION FOR REPORTING RE16 QUIREMENTS.— 

17 (1) IN GENERAL.—Neither the nomination by 

18 an eligible employee organization of 1 or more indi19 viduals to serve as members of the Board, nor serv20 ice on the Board by a representative of an eligible 

21 employee organization, shall— 

22 (A) make the eligible employee organiza23 tion subject to the reporting requirements for 

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1 Management Reporting and Disclosure Act of 

2 1959 (29 U.S.C. 431 et seq.); or 

3 (B) be considered as a factor in any deter4 mination of whether the eligible employee orga5 nization is subject to such reporting require6 ments. 

7 (2) LMRDA REQUIREMENTS.—The status of 

8 an organization as an eligible employee organization 

9 shall not, by itself, make the organization subject to 

10 any reporting requirements under the Labor-Man11 agement Reporting and Disclosure Act of 1959 (29 

12 U.S.C. 401 et seq.). 

13 (3) DEFINITION OF ELIGIBLE EMPLOYEE ORGA14 NIZATION.—For purposes of this subsection, the 

15 term ‘‘eligible employee organization’’ has the mean16 ing given such term in subsection (b)(2)(D). 

17 (i) RULE OF CONSTRUCTION FOR STATE AND LOCAL

18 STANDARDS.—Nothing in this section shall preempt a 

19 State or local law with greater protections for domestic 

20 employees than the protections for such employees in21 cluded in a standard issued through a rule under sub22 section (e)(2). 

23 (j) EFFECT ON EXISTING DOMESTIC EMPLOYEE

24 BENEFITS.— 


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1 (1) MORE PROTECTIVE.—Nothing in this sec2 tion shall be construed to diminish the obligation of 

3 an employer to comply with any contract, collective 

4 bargaining agreement, or any domestic employee 

5 benefit program or plan that provides greater rights 

6 or benefits to domestic employees than the rights es7 tablished under this Act. 

8 (2) LESS PROTECTIVE.—The rights established 

9 for domestic employees under this section shall not 

10 be diminished by any contract, collective bargaining 

11 agreement, or any benefit program or plan. 

12 (k) APPLICABILITY OF LAW.—Section 1013(a)(2) of 

13 title 5, United States Code, shall not apply to the Board. 

14 SEC. 202. DOMESTIC EMPLOYEES’ BENEFITS STUDY. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—The Secretary shall conduct 

17 a study, which may be through a contract with an18 other entity, for the purpose of providing informa19 tion to labor organizations, employers, and the gen20 eral public concerning how to increase the number of 

21 domestic employees who have access to a secure re22 tirement, affordable health care, unemployment in23 surance, life insurance, and other common benefits 

24 provided to employees of large private and public 

25 sector employers. 


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1 (2) MATTERS.—The study conducted under 

2 paragraph (1) shall include— 

3 (A) a review of— 

4 (i) the levels of access to and usage of 

5 benefits for domestic employees, including 

6 retirement savings, health insurance, and 

7 reduced health care costs, paid sick time, 

8 unemployment insurance, disability and life 

9 insurance, and paid family and medical 

10 leave; 

11 (ii) barriers for domestic employees 

12 to— 

13 (I) participate in the old-age, 

14 survivors, and disability insurance 

15 program established under title II of 

16 the Social Security Act (42 U.S.C. 

17 401 et seq.); 

18 (II) obtain disability insurance; 

19 (III) access and use benefits, in20 cluding the old-age, survivors, and 

21 disability insurance program estab22 lished under title II of the Social Se23 curity Act (42 U.S.C. 401 et seq.), 

24 the Medicare program established 

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•S 4552 IS

1 rity Act (42 U.S.C. 1395 et seq.), the 

2 Medicaid program established under 

3 title XIX of that Act (42 U.S.C. 1396 

4 et seq.), unemployment insurance, any 

5 benefits provided under the Patient 

6 Protection and Affordable Care Act 

7 (Public Law 111–148), including the 

8 amendments made by that Act, paid 

9 family and medical leave, paid sick 

10 time, and any additional benefits iden11 tified by the Secretary, including such 

12 benefits that are portable from job to 

13 job; 

14 (IV) otherwise access affordable 

15 health insurance; and 

16 (V) access any other benefits de17 scribed in clause (i); 

18 (iii) the portability of work-related 

19 benefits for domestic employees and the 

20 laws, including regulations, preventing in21 novation, and improvement in the port22 ability of such benefits; and 

23 (iv) whether domestic employees bene24 fitted from the emergency family and med25 ical leave and emergency paid sick leave 


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1 provisions under the Families First 

2 Coronavirus Response Act (Public Law 

3 116–127), including the amendments made 

4 by that Act, and lessons learned from the 

5 implementation of such provisions; 

6 (B) an identification and analysis of State 

7 and nongovernmental innovations that can serve 

8 as potential replicable models on the national 

9 level to increase access to work-related benefits 

10 for domestic employees, through portability, 

11 outreach, enrollment, and other strategies; 

12 (C) a comparison of the ability of domestic 

13 employees to access, be eligible for, and partici14 pate in public and private sector work-related 

15 benefits compared to such ability of other em16 ployees; 

17 (D) a study on the coverage of domestic 

18 employees under State employees’ compensation 

19 laws, including in all 50 States, the District of 

20 Columbia, and territories of the United States; 

21 and 

22 (E) recommendations for innovations and 

23 reforms that would— 

24 (i) ensure domestic employees could— 


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1 (I) access and use benefits, in2 cluding the old-age, survivors, and 

3 disability insurance program estab4 lished under title II of the Social Se5 curity Act (42 U.S.C. 401 et seq.), 

6 the Medicare program established 

7 under title XVIII of the Social Secu8 rity Act (42 U.S.C. 1395 et seq.), the 

9 Medicaid program established under 

10 title XIX of that Act (42 U.S.C. 1396 

11 et seq.), unemployment insurance, any 

12 benefits provided under the Patient 

13 Protection and Affordable Care Act 

14 (Public Law 111–148), including the 

15 amendments made by that Act, paid 

16 family and medical leave, paid sick 

17 time, and any additional benefits iden18 tified by the Secretary, including such 

19 benefits that are portable from job to 

20 job; and 

21 (II) have contributions for the 

22 benefits described in subclause (I) 

23 from multiple employers as applicable; 

24 (ii) provide adequate levels of such 

25 benefits for domestic employees; and 


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•S 4552 IS

1 (iii) enable a domestic employee to 

2 have access to such benefits through mul3 tiple jobs the employee may have. 

4 (b) REPORT.—Not later than 15 months after the 

5 date of enactment of this Act, the Secretary shall submit 

6 to the President and Congress a report on the study con7 ducted under subsection (a) that includes each of the fol8 lowing: 

9 (1) The findings and conclusions of the study, 

10 including its findings and conclusions with respect to 

11 the matters described in subsection (a)(2). 

12 (2) Considerations for laws, including regula13 tions, that should be reviewed to address barriers 

14 impacting domestic employees. 

15 (3) Other information and recommendations 

16 with respect to benefits for domestic employees as 

17 the Secretary considers appropriate. 

18 TITLE III—IMPLEMENTATION OF 

19 THE DOMESTIC WORKERS 

20 BILL OF RIGHTS 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) DOMESTIC WORKERS BILL OF RIGHTS.— 

24 The term ‘‘domestic workers bill of rights’’— 


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1 (A) means the rights and protections pro2 vided to domestic employees under this Act, and 

3 the amendments made by this Act, including 

4 (as applicable)— 

5 (i) coverage of live-in domestic em6 ployees, as defined in section 8(a) of the 

7 Fair Labor Standards Act of 1938 (29 

8 U.S.C. 208(a)), under the overtime re9 quirements of section 7 of such Act (29 

10 U.S.C. 207); 

11 (ii) the right of live-in domestic em12 ployees, as so defined, to certain notices 

13 and communications under section 8 of 

14 such Act (29 U.S.C. 208); 

15 (iii) any minimum wage for domestic 

16 employees that may be established pursu17 ant to a recommendation to Congress 

18 under section 201(e)(3); 

19 (iv) the applicability of title VII of the 

20 Civil Rights Act of 1964 (42 U.S.C. 2000e 

21 et seq.); 

22 (v) the labor rights and privacy pro23 tections provided to domestic employees 

24 under subtitle B of title I, including— 


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•S 4552 IS

1 (I) the right of certain domestic 

2 employees to a written agreement 

3 under section 110; 

4 (II) the right of certain domestic 

5 employees to earned paid sick time 

6 provided under section 111; 

7 (III) the fair scheduling practices 

8 required under section 112 with re9 spect to certain domestic employees; 

10 (IV) the right of certain domestic 

11 employees to request and receive tem12 porary changes to scheduled work 

13 hours for certain personal events 

14 under section 113; 

15 (V) the privacy protections under 

16 section 114; 

17 (VI) the right to meal and rest 

18 breaks in accordance with section 115; 

19 (VII) the protection from wage 

20 deductions for cash shortages, break21 ages, or loss under subsection (a) of 

22 section 116 and wage deductions or 

23 other penalties for communications 

24 described in subsection (b) of such 

25 section; and 


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1 (VIII) the protection against re2 taliation under section 117(b); and 

3 (vi) the availability of the national do4 mestic employee hotline supported under 

5 section 304, including the phone number 

6 and other contact methods for the hotline; 

7 and 

8 (B) includes any rules promulgated by the 

9 Secretary under this Act, or the amendments 

10 made by this Act, and any standard rec11 ommended by the Board that is promulgated as 

12 such a rule or otherwise implemented by the 

13 Secretary. 

14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means— 

16 (A) an organization described in paragraph 

17 (3), (5), or (6) of section 501(c) of the Internal 

18 Revenue Code of 1986, and exempt from tax19 ation under section 501(a) of such Code, that— 

20 (i) has a board of directors, at least 

21 one-half of the members of which is com22 prised of— 

23 (I) domestic employees; or 

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1 zation is independent from all busi2 nesses, organizations, corporations, or 

3 individuals that would pursue any fi4 nancial interest in conflict with that 

5 of the employees; 

6 (ii) is independent, as described in 

7 clause (i)(II); 

8 (iii) has— 

9 (I) expertise in domestic service 

10 and the workforce of domestic employ11 ees; and 

12 (II) a track record of working 

13 with domestic employees; and 

14 (iv) operates in a jurisdiction with a 

15 significant population of domestic employ16 ees; or 

17 (B) a partnership of organizations de18 scribed in subparagraph (A). 

19 (3) NOTICE OF DOMESTIC EMPLOYEE

20 RIGHTS.—The term ‘‘notice of domestic employee 

21 rights’’ means the document created and made avail22 able by the Secretary under section 302(a). 

23 SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS. 

24 (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC

25 EMPLOYEES.— 


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1 (1) NOTICE OF RIGHTS.—The Secretary shall 

2 create, and make available, a notice of domestic em3 ployee rights document that describes the rights and 

4 protections provided by the domestic workers bill of 

5 rights and any other protections and other rights af6 forded under Federal law to domestic employees. 

7 (2) AVAILABILITY AND ACCESSIBILITY OF NO8 TICE.—The notice of domestic employee rights shall 

9 be— 

10 (A) a written document made available on11 line, including through the website described in 

12 subsection (b); and 

13 (B) available in English, Spanish, and 

14 other languages understood by domestic em15 ployees, which shall be determined by the Sec16 retary and include, at a minimum, the trans17 lation languages for the basic information fact 

18 sheet (or any successor document) produced by 

19 the Department of Labor. 

20 (b) ESTABLISHING A DOMESTIC EMPLOYEES RIGHTS

21 WEBSITE.—Not later than 180 days after the date of en22 actment of this Act, the Secretary shall establish a single 

23 web page on the website of the Department of Labor that 

24 summarizes in plain language the rights of domestic em25 ployees under the domestic workers bill of rights. 


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•S 4552 IS

1 SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK2 ERS BILL OF RIGHTS ENFORCEMENT. 

3 (a) ESTABLISHMENT.—There is established an Inter4 agency Task Force on Domestic Workers Bill of Rights 

5 Enforcement (referred to in this section as the ‘‘Task 

6 Force’’). 

7 (b) MEMBERS.—The Task Force shall consist of— 

8 (1) representatives of the Department of Labor 

9 selected by the Secretary, including representatives 

10 of the Wage and Hour Division, representatives of 

11 the Occupational Safety and Health Administration, 

12 and representatives of the Office of the Solicitor of 

13 Labor; 

14 (2) representatives of the Department of Health 

15 and Human Services selected by the Secretary of 

16 Health and Human Services, including representa17 tives of the Centers for Medicare & Medicaid Serv18 ices and representatives of the Administration for 

19 Community Living; and 

20 (3) representatives of the Equal Employment 

21 Opportunity Commission, selected by the Commis22 sion. 

23 (c) INITIAL MEETING.—The Task Force shall hold 

24 its first meeting by not later than 90 days after the date 

25 of enactment of this Act. 

26 (d) DUTIES.— 


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1 (1) RECOMMENDATIONS REGARDING WORK2 PLACE CHALLENGES.—Beginning not later than 180 

3 days after the date of enactment of this Act, the 

4 Task Force shall— 

5 (A) examine the issues and challenges fac6 ing domestic employees who come forward to 

7 enforce their workplace rights; 

8 (B) identify challenges agencies enforcing 

9 these workplace rights have in reaching domes10 tic employees and enforcing such rights, includ11 ing by conducting hearings in each of the re12 gions served by the regional offices of the Wage 

13 and Hour Division of the Department of Labor 

14 to hear directly from domestic employees, advo15 cates, and officials or employees of such agen16 cies in the regional and local areas; and 

17 (C) develop a set of recommendations, in18 cluding sample legislative language, on the best 

19 enforcement strategies to protect the workplace 

20 rights of domestic employees, including— 

21 (i) how to reach, and enforce the 

22 rights of, domestic employees; 

23 (ii) ways for Federal agencies to work 

24 together or conduct joint enforcement of 

25 workplace rights for domestic employees, 


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•S 4552 IS

1 as domestic employees who experience one 

2 type of violation are likely also experi3 encing other types of violations; and 

4 (iii) ways the Task Force can work 

5 with State and local enforcement agencies 

6 on the enforcement of workplace rights for 

7 domestic employees. 

8 (2) REPORT.—Not later than 1 year after the 

9 date of the first meeting of the Task Force, the 

10 Task Force shall prepare and submit a report to 

11 Congress regarding the recommendations described 

12 in paragraph (1)(C). 

13 (3) JOINT ENFORCEMENT.— 

14 (A) IN GENERAL.—For a period of not 

15 more than 3 years after the date of enactment 

16 of this Act, the Task Force shall carry out such 

17 actions as the Task Force determines necessary 

18 to support joint enforcement by Federal agen19 cies of violations of the rights of domestic em20 ployees. 

21 (B) REPORT.—At the end of the 3-year pe22 riod described in subparagraph (A), the Task 

23 Force shall submit a report to Congress regard24 ing the efficacy of such joint enforcement. 


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•S 4552 IS

1 (4) AUDIT OF FEDERAL ENFORCEMENT STRAT2 EGIES.—Not later than 3 years after the date of en3 actment of this Act, and every 3 years thereafter, 

4 the Task Force shall— 

5 (A) conduct an audit of the Federal en6 forcement strategies relating to the rights of 

7 domestic employees; and 

8 (B) prepare and submit to Congress a re9 port regarding the results of the audit. 

10 (5) CONSULTATION REGARDING COMMUNITY11 BASED ENFORCEMENT DEMONSTRATION

12 PROJECTS.—Upon the request of the Secretary, the 

13 Task Force shall review, and provide recommenda14 tions regarding, the applications for community15 based enforcement grants under section 305. 

16 SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE. 

17 The Secretary shall award a grant, on a competitive 

18 basis, to an eligible entity for a national hotline that do19 mestic employees may call to seek assistance on any do20 mestic employee-related issue. 

21 SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDU22 CATION, OUTREACH, AND ENFORCEMENT OF 

23 DOMESTIC EMPLOYEE RIGHTS. 

24 (a) PROGRAM AUTHORIZED.— 


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•S 4552 IS

1 (1) IN GENERAL.—From amounts made avail2 able to carry out this section, the Secretary, after 

3 consultation with the Interagency Task Force on 

4 Domestic Workers Bill of Rights Enforcement, shall 

5 award grants to eligible entities to enable the eligible 

6 entities to expand and improve cooperative efforts 

7 between Federal agencies and members of the com8 munity, in order to— 

9 (A) enhance the enforcement of the domes10 tic workers bill of rights and other workplace 

11 rights provided to domestic employees under 

12 relevant Federal, State, and local laws; 

13 (B) educate domestic employees of their 

14 rights under the domestic workers bill of rights 

15 and other workplace rights under Federal, 

16 State, and local laws; 

17 (C) educate employers regarding their re18 sponsibilities and obligations under the domes19 tic workers bill of rights and other relevant 

20 Federal, State, and local laws; and 

21 (D) assist domestic employees in pursuing 

22 their workplace rights under the domestic work23 ers bill of rights and other relevant Federal, 

24 State, or local laws. 


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•S 4552 IS

1 (2) DURATION OF GRANTS.—Each grant 

2 awarded under this section shall be for a period of 

3 not more than 3 years. 

4 (b) APPLICATIONS.— 

5 (1) IN GENERAL.—An eligible entity desiring a 

6 grant under this section shall submit an application 

7 at such time, in such manner, and containing such 

8 information as the Secretary may require. 

9 (2) PARTNERSHIP APPLICATIONS.—In the case 

10 of an eligible entity that is a partnership, the eligible 

11 entity may designate, in the application, a single or12 ganization in the partnership as the lead entity for 

13 purposes of receiving and disbursing funds. 

14 (3) CONTENTS.—An application described in 

15 paragraph (1) shall include— 

16 (A) a description of a plan for the dem17 onstration project that the eligible entity pro18 poses to carry out with a grant under this sec19 tion, including a long-term strategy and de20 tailed implementation plan that reflects ex21 pected participation of, and partnership with, 

22 community partners; and 

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•S 4552 IS

1 ees and employers of such employees under 

2 such program. 

3 (c) SELECTION.— 

4 (1) IN GENERAL.—Subject to paragraph (2), 

5 the Secretary shall award grants under this section 

6 on a competitive basis. 

7 (2) DISTRIBUTION THROUGH REGIONS.—In 

8 awarding grants under this section, the Secretary 

9 shall ensure that a grant is awarded to an eligible 

10 entity in each region represented by a regional office 

11 of the Wage and Hour Division of the Department 

12 of Labor, to the extent practicable based on the 

13 availability of appropriations and the applications 

14 submitted. 

15 (d) USE OF FUNDS.—An eligible entity receiving a 

16 grant under this section shall use the grant funds to de17 velop a community partnership and establish and support, 

18 through the partnership, 1 or more of the following activi19 ties: 

20 (1) Disseminating information and conducting 

21 outreach and training to educate domestic employees 

22 about the rights and protections provided under the 

23 domestic workers bill of rights. 


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1 (2) Conducting educational training for employ2 ers about their obligations under the domestic work3 ers bill of rights. 

4 (3) Conducting orientations and training jointly 

5 with relevant Federal agencies, including the Inter6 agency Task Force established under section 303, 

7 regarding the rights and protections provided under 

8 the domestic workers bill of rights. 

9 (4) Providing mediation services between pri10 vate-pay employers and employees. 

11 (5) Providing assistance to domestic employees 

12 in filing claims relating to violations of the domestic 

13 workers bill of rights, either administratively or in 

14 court. 

15 (6) Monitoring compliance by employers with 

16 the domestic workers bill of rights. 

17 (7) Establishing networks for education, com18 munication, and participation in the community re19 lating to the domestic workers bill of rights. 

20 (8) Evaluating the effectiveness of programs de21 signed to prevent violations of the domestic workers 

22 bill of rights and enforce the domestic workers bill 

23 of rights. 

24 (9) Recruiting and hiring staff and volunteers 

25 for the activities described in this subsection. 


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1 (10) Producing and disseminating outreach and 

2 training materials. 

3 (11) Any other activity as the Secretary may 

4 reasonably prescribe through notice and comment 

5 rulemaking. 

6 (e) MEMORANDA OF UNDERSTANDING.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 receiving a grant under this section, an eligible enti9 ty shall negotiate and finalize with the Secretary a 

10 memorandum of understanding that sets forth spe11 cific goals, objectives, strategies, and activities that 

12 will be carried out under the grant by the eligible 

13 entity through a community partnership. 

14 (2) SIGNATURES.—A representative of the eligi15 ble entity receiving a grant (or, in the case of an eli16 gible entity that is a partnership, a representative of 

17 each organization in the partnership) and the Sec18 retary shall sign the memorandum of understanding 

19 under this subsection. 

20 (3) REVISIONS.—A memorandum of under21 standing under this subsection shall be reviewed and 

22 revised by the eligible entity and the Secretary each 

23 year for the duration of the grant. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 306. ENCOURAGING THE USE OF FISCAL INTER5 MEDIARIES. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary shall issue a rule to facilitate 

8 the use of fiscal intermediaries that enable payments be9 tween domestic employees and employers of such employ10 ees, to improve transparency, enforcement, and working 

11 conditions of domestic employees. 

12 SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO 

13 PROVIDE MEDICAID-FUNDED SERVICES. 

14 (a) REGULATIONS TO APPLY DOMESTIC EMPLOYEE

15 PROTECTIONS AND RIGHTS.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary and the 

17 Secretary of Health and Human Services jointly shall de18 velop and issue regulations regarding the application of 

19 the protections and rights afforded to domestic employees 

20 including personal care aides or assistants who provide 

21 services described in subsection (b) that are funded under 

22 the State plan under title XIX of the Social Security Act 

23 (42 U.S.C. 1396 et seq.), or under a waiver of such plan, 

24 including through a contract or other arrangement with 

25 a managed care entity (as defined in section 


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1 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 

2 1396u–2(a)(1)(B))), to individuals enrolled in such plan 

3 or waiver. The regulations issued under this subsection 

4 shall recognize the role of self-directed care for individuals 

5 with disabilities and shall— 

6 (1) protect, stabilize, and expand the domestic 

7 employee and personal care aide or assistant work8 force; 

9 (2) recognize the role of self-directed care for 

10 individuals with disabilities; 

11 (3) prohibit States from requiring individuals 

12 with disabilities who self-direct their care to use 

13 their direct service budget to pay for costs resulting 

14 from the application of such protections and rights 

15 to domestic employees (such as paid sick time, pen16 alties, or overtime pay) except to the extent that 

17 such costs are directly related to the provision of 

18 services described in subsection (b) to such individ19 uals; 

20 (4) facilitate Federal and State compliance with 

21 section 504 of the Rehabilitation Act of 1973 (29 

22 U.S.C. 794), the Americans with Disabilities Act of 

23 1990 (42 U.S.C. 12101 et seq.), and the holdings of 

24 the Supreme Court in Olmstead v. L.C., 527 U.S. 

25 581 (1999) and companion cases; and 


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1 (5) prohibit States from reducing the level at 

2 which States make medical assistance for the serv3 ices described in subsection (b) available under the 

4 State plan under title XIX of the Social Security Act 

5 (42 U.S.C. 1396 et seq.) or under a waiver of such 

6 plan as a result of the application of protections and 

7 rights afforded to domestic employees who provide 

8 such services. 

9 (b) SERVICES DESCRIBED.—The services described 

10 in this subsection are the following: 

11 (1) Home health care services authorized under 

12 paragraph (7) of section 1905(a) of the Social Secu13 rity Act (42 U.S.C. 1396d(a)). 

14 (2) Personal care services authorized under 

15 paragraph (24) of such section. 

16 (3) PACE services authorized under paragraph 

17 (26) of such section. 

18 (4) Home and community-based services au19 thorized under subsections (b), (c), (i), (j), and (k) 

20 of section 1915 of such Act (42 U.S.C. 1396n), such 

21 services authorized under a waiver under section 

22 1115 of such Act (42 U.S.C. 1315), and such serv23 ices provided through coverage authorized under sec24 tion 1937 of such Act (42 U.S.C. 1396u–7). 


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1 (5) Case management services authorized under 

2 section 1905(a)(19) of the Social Security Act (42 

3 U.S.C. 1396d(a)(19)) and section 1915(g) of such 

4 Act (42 U.S.C. 1396n(g)). 

5 (6) Rehabilitative services, including those re6 lated to behavioral health described in section 

7 1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). 

8 (7) Such other services specified by the Sec9 retary of Health and Human Services. 

10 SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT11 FUNDED PROGRAMS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of this Act, the Secretary shall delay all enforcement 

14 relating to the provisions of this Act, or the amendments 

15 made by this Act, with respect to a Federal, State, or local 

16 governmental agency, or an entity operating under a 

17 grant, contract, or other agreement for such agency, until 

18 the day that is 2 years after the date of enactment of this 

19 Act. 

20 (b) EXTENSION OPTION.—The Secretary may extend 

21 the 2-year delay period in enforcement under subsection 

22 (a) with respect to a Federal, State, or local governmental 

23 agency, or an entity operating under a grant, contract, 

24 or other agreement for such agency, for an additional 1- 

25 year period, if, through a process established by the SecVerDate Sep 11 2014 22:43 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S4552.IS S4552

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1 retary, the Secretary determines the delay appropriate. In 

2 applying the preceding sentence, a delay in issuing the 

3 regulations required under section 307 shall be deemed a 

4 reason to extend the delayed enforcement period. 

5 (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC6 TIONS BY DOMESTIC EMPLOYEES PROVIDING SERVICES

7 FUNDED UNDER MEDICAID.—No action may be brought 

8 under section 118(a)(3) against an employer of a domestic 

9 employee that receives payment under a State Medicaid 

10 plan or waiver under title XIX of the Social Security Act 

11 for providing any services described in section 307(b), 

12 until on or after the date that is 2 years after the date 

13 of enactment of this Act. 

14 TITLE IV—FUNDING 

15 SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED16 ICAL ASSISTANCE PERCENTAGE FOR MED17 ICAID-FUNDED SERVICES PROVIDED BY DO18 MESTIC EMPLOYEES. 

19 Section 1905 of the Social Security Act (42 U.S.C. 

20 1396d) is amended— 

21 (1) in subsection (b), by striking ‘‘and (ii)’’ and 

22 inserting ‘‘(ii), and (jj)’’; and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE

2 FOR CERTAIN SERVICES PROVIDED BY DOMESTIC EM3 PLOYEES.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

5 (b) and subsection (y), with respect to amounts ex6 pended by a State for medical assistance described 

7 in paragraph (3) that is provided by a domestic em8 ployee (as such term is defined in section 3 of the 

9 Domestic Workers Bill of Rights Act) during a fiscal 

10 quarter that occurs in the 20-quarter period begin11 ning with the first fiscal quarter that begins on or 

12 after the date of enactment of this subsection, the 

13 Federal medical assistance percentage otherwise de14 termined under subsection (b) and subsection (y) for 

15 the State and quarter shall, after the application of 

16 any other increase to the Federal medical assistance 

17 percentage for the State and quarter applicable 

18 under any other provision of law, be increased (not 

19 to exceed 100 percent) by the applicable number of 

20 percentage points determined for the State under 

21 paragraph (2). 

22 ‘‘(2) APPLICABLE NUMBER OF PERCENTAGE

23 POINTS.— 

24 ‘‘(A) IN GENERAL.—For purposes of para25 graph (1), the Secretary shall determine the apVerDate Sep 11 2014 22:43 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S4552.IS S4552

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1 plicable number of percentage points for each 

2 State. 

3 ‘‘(B) CONSIDERATIONS.—In determining 

4 the applicable number of percentage points for 

5 a State under this subsection, the Secretary 

6 shall— 

7 ‘‘(i) estimate the increase in costs to 

8 the State of furnishing medical assistance 

9 described in paragraph (3) that is provided 

10 by a domestic employee (as such term is 

11 defined in section 3 of the Domestic Work12 ers Bill of Rights Act) that is attributable 

13 to the requirements of such Act and the 

14 amendments made by such Act with re15 spect to labor protections and benefits for 

16 domestic employees; and 

17 ‘‘(ii) determine the appropriate num18 ber of percentage points by which to in19 crease the Federal medical assistance per20 centage otherwise determined for the State 

21 under subsection (b) or (y) to ensure that 

22 such increase in costs does not result in 

23 the State reducing the level of medical as24 sistance described paragraph (3) that is 


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1 provided by domestic employees under the 

2 State plan (or a waiver of such plan). 

3 ‘‘(3) MEDICAL ASSISTANCE DESCRIBED.—The 

4 medical assistance described in this paragraph is the 

5 following: 

6 ‘‘(A) Home health care services authorized 

7 under paragraph (7) of subsection (a). 

8 ‘‘(B) Personal care services authorized 

9 under paragraph (24) of such subsection. 

10 ‘‘(C) PACE services authorized under 

11 paragraph (26) of such subsection. 

12 ‘‘(D) Home and community-based services 

13 authorized under subsections (b), (c), (i), (j), 

14 and (k) of section 1915, such services author15 ized under a waiver under section 1115, and 

16 such services provided through coverage author17 ized under section 1937. 

18 ‘‘(E) Case management services authorized 

19 under subsection (a)(19) and section 1915(g). 

20 ‘‘(F) Rehabilitative services, including 

21 those related to behavioral health, described in 

22 subsection (a)(13). 

23 ‘‘(G) Such other services specified by the 

24 Secretary. 


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1 ‘‘(4) MAINTENANCE OF EFFORT REQUIRE2 MENT.—A State may not receive the increase de3 scribed in paragraph (1) with respect to a quarter 

4 if the eligibility standards, methodologies, or proce5 dures applicable to the provision of medical assist6 ance described in paragraph (3) under the State 

7 plan (or waiver of such plan) are more restrictive 

8 during such quarter than the eligibility standards, 

9 methodologies, or procedures, respectively, applicable 

10 to the provision of such assistance under such plan 

11 (or waiver) as in effect on the date of enactment of 

12 this subsection. 

13 ‘‘(5) DISREGARD FROM TERRITORIAL PAYMENT

14 CAPS.—Any payment made to Puerto Rico, the Vir15 gin Islands, Guam, the Northern Mariana Islands, 

16 or American Samoa that is subject to the Federal 

17 medical assistance percentage increase specified 

18 under paragraph (1) shall not be taken into account 

19 for purposes of applying payment limits under sub20 sections (f) and (g) of section 1108.’’. 

21 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to carry out 

23 this Act, and the amendments made by this Act, such 

24 sums as may be necessary. 


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1 TITLE V—SEVERABILITY 

2 SEC. 501. SEVERABILITY. 

3 If any provision of this Act, or an amendment made 

4 by this Act, or the application of such provision or amend5 ment to any person or circumstance, is held to be invalid, 

6 the remainder of this Act, or an amendment made by this 

7 Act, or the application of such provision or amendment 

8 to other persons or circumstances, shall not be affected. 

Æ 


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