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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4552 Introduced in Senate (IS)]

<DOC>

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. Lujan, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic Workers 
Bill of Rights Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Rulemaking authority.
Sec. 5. Rule of construction.
           TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS

     Subtitle A--Amendments to the Fair Labor Standards Act of 1938

Sec. 101. Overtime protections for live-in domestic employees.
Sec. 102. Live-in domestic employees termination notices and 
                            communications.
Sec. 103. Enforcement.
                  Subtitle B--Domestic Employee Rights

Sec. 110. Written agreements.
Sec. 111. Earned sick days.
Sec. 112. Fair scheduling practices.
Sec. 113. Right to request and receive temporary changes to scheduled 
                            work hours due to personal events.
Sec. 114. Privacy.
Sec. 115. Breaks for meals and rest.
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, 
                            or modes of communication.
Sec. 117. Prohibited acts.
Sec. 118. Enforcement authority.
Sec. 119. Effect on existing employment benefits and other laws.
   Subtitle C--Amendment to Title VII of the Civil Rights Act of 1964

Sec. 131. Including certain domestic employees in civil rights 
                            protections against discrimination in 
                            employment.
                 TITLE II--STANDARDS BOARD AND BENEFITS

Sec. 201. Domestic Employee Standards Board.
Sec. 202. Domestic employees' benefits study.
    TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS

Sec. 301. Definitions.
Sec. 302. Notice of domestic employee rights.
Sec. 303. Interagency task force on domestic workers bill of rights 
                            enforcement.
Sec. 304. National Domestic Employee Hotline.
Sec. 305. National grant for community-based education, outreach, and 
                            enforcement of domestic employee rights.
Sec. 306. Encouraging the use of fiscal intermediaries.
Sec. 307. Application to domestic employees who provide Medicaid-funded 
                            services.
Sec. 308. Delayed enforcement for government-funded programs.
                           TITLE IV--FUNDING

Sec. 401. Temporary increase in the Federal medical assistance 
                            percentage for Medicaid-funded services 
                            provided by domestic employees.
Sec. 402. Authorization of appropriations.
                         TITLE V--SEVERABILITY

Sec. 501. Severability.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are an estimated 2,200,000 domestic employees 
        across the United States working in private homes to provide 
        direct care, child care, and house-cleaning services.
            (2) Domestic work is a job-enabling job that makes all 
        other work possible. It is labor that cannot be outsourced to 
        individuals abroad, nor is it close to being automated. Without 
        the millions of domestic employees caring for children, 
        seniors, and people with disabilities, and cleaning homes, much 
        of the economy would come to a standstill.
            (3) During the COVID-19 pandemic, domestic work and other 
        low-wage service jobs, disproportionately held by women, women 
        of color, and immigrants, were deemed essential. This crisis 
        showed how essential these jobs have always been to our 
        economy. At great risk to the health of themselves and their 
        families, domestic employees worked on the frontlines of the 
        pandemic to provide care to those more vulnerable to COVID-19, 
        seniors, and individuals with disabilities, and provided child 
        care for the children of essential workers and other workers. A 
        study of Black immigrant domestic employees conducted by the 
        Institute for Policy Studies and the National Domestic Workers 
        Alliance in May and June of 2020 found that 25 percent of 
        employees surveyed experienced or lived with someone who had 
        experienced COVID-19 symptoms. Seventy-three percent of such 
        employees surveyed indicated that they did not receive personal 
        protective equipment (``PPE'') from their employers.
            (4) Domestic employees experienced a rapid and sustained 
        loss of jobs during the COVID-19 pandemic, which exacerbated 
        the existing financial insecurity experienced by many domestic 
        employees. Surveys from the National Domestic Workers Alliance 
        and NDWA Labs between March and September 2020 found that for 6 
        consecutive months, more than half of domestic employees 
        surveyed were unable to pay their rent or mortgage. Nearly 75 
        percent of employees surveyed did not receive any compensation 
        when their jobs were canceled.
            (5) The employment of individuals in domestic service in 
        households affects commerce, as described in section 2(a) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)), and 
        thus many domestic employees are employees covered under the 
        Fair Labor Standards Act of 1938. Moreover, domestic services 
        provided by any domestic employee for an employer affect 
        commerce.
            (6) Domestic employees are hired or contacted for work by 
        phone, mail, or internet, or through newspaper ads, and travel 
        to work through transportation on interstate highways, 
        interstate transit, or vehicles in interstate commerce.
            (7) In 2023, the Bureau of Labor Statistics predicted that 
        between 2021 and 2031--
                    (A) the number of new jobs for home health and 
                personal care aides will increase by 25 percent, which 
                is an increase of 711,700 jobs; and
                    (B) the number of new jobs for child care positions 
                will increase by 6 percent.
            (8) The COVID-19 pandemic increased the demand for in-home 
        child care. According to the Center for Translational 
        Neuroscience at the University of Oregon, the percentage of 
        parents reporting use of home-based child care has grown since 
        the onset of the pandemic from 27 percent to 31 percent by 
        September 2021.
            (9) An increasing number of employees, including domestic 
        employees, are finding work on online platforms. An analysis 
        from the JPMorgan Chase Institute found that between 2013 and 
        2020, the percentage of adults that had earned income from 
        online platforms increased from 0.3 percent to 2.5 percent.
            (10) Nine out of 10 domestic employees are women and such 
        women are disproportionately people of color and immigrants. 
        Women, people of color, and immigrants have historically faced 
        barriers to employment and economic advancement. According to 
        the Economic Policy Institute, domestic employees also tend to 
        be older than other employees. Two in 5 domestic employees are 
        age 50 or older, while just \1/3\ of all other employees are at 
        least 50 years old.
            (11) Domestic employees are paid low wages, can be 
        subjected to workplace health and safety hazards, and face 
        difficulties saving for retirement. An Economic Policy 
        Institute analysis of data from the Current Population Survey 
        indicates that the average wage for a domestic employee is 
        approximately $13.79 per hour or $18,360 per year if working 
        full-time. In practice, the average wage for a domestic 
        employee is less than such approximation given that domestic 
        work has largely been negotiated in the informal labor market.
            (12) Low-wage employees, including domestic employees, 
        experience high rates of minimum wage and overtime violations, 
        violations of laws related to workers' compensation and other 
        workplace benefits, and illegal retaliation. A 2017 study from 
        the Economic Policy Institute found that 2,400,000 employees, 
        17 percent of the low-wage workforce, experiences wage theft. A 
        2009 report from the National Employment Law Project found that 
        employment in private homes was one of the 3 industries with 
        the highest rates of employment and labor law violations.
            (13) A landmark study of domestic employees published in 
        2012 by the National Domestic Workers Alliance, the Center for 
        Urban Economic Development of the University of Illinois at 
        Chicago, and DataCenter titled ``Home Economics: The Invisible 
        and Unregulated World of Domestic Work'' indicated poor working 
        conditions across the domestic employees industry. The findings 
        of such study included that--
                    (A) domestic employees have little control over 
                their working conditions and employment is usually 
                arranged without a written contract;
                    (B) 35 percent of domestic employees interviewed 
                reported that they worked long hours without breaks in 
                the year immediately preceding the interview;
                    (C) 25 percent of live-in domestic employees had 
                responsibilities that prevented them from getting at 
                least 5 hours of uninterrupted sleep at night during 
                the week immediately preceding the interview; and
                    (D) 91 percent of domestic employees interviewed 
                who encountered problems with their working conditions 
                in the year immediately preceding the interview did not 
                complain about their working conditions because they 
                were afraid they would lose their job.
            (14) The study described in paragraph (13) found that 
        domestic employees have little access to federally supported 
        employment benefits. For instance--
                    (A) less than 2 percent of such employees receive 
                retirement or pension benefits, and less than 9 percent 
                of such employees work for employers that collect 
                payroll taxes on wages paid to such employees to 
                provide eligibility for Social Security disability and 
                retirement benefits; and
                    (B) 65 percent of such employees do not have health 
                insurance and only 4 percent of such employees receive 
                employer-provided insurance, despite the fact that 
                domestic work is hazardous and often results in illness 
                or physical injuries.
            (15) Compounding these challenges is the fact that many 
        domestic employees have been, and in many cases continue to be, 
        excluded from key provisions of labor and employment laws like 
        the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
        et seq.) and the National Labor Relations Act (29 U.S.C. 151 et 
        seq.). Live-in domestic employees solely employed by private 
        households remain excluded from the overtime protections under 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). 
        Minimum employee threshold rules, misclassification of domestic 
        employees as independent contractors, and exclusion of 
        independent contractors from coverage mean that most domestic 
        employees are also de facto excluded from Federal civil rights 
        protections, including protections under title VII of the Civil 
        Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws.
            (16) The International Labour Organization's Domestic 
        Workers Convention, adopted in 2011, calls for domestic 
        employees to have the right to freedom of association and 
        collective actions, protections against harassment, privacy 
        rights, and the right to be informed of conditions of 
        employment. This Convention also calls for the right of 
        domestic employees to keep their travel documents, the right to 
        overtime compensation and rest breaks, the right to minimum 
        wage coverage, the right to occupational safety and health 
        protections, and mechanisms to pursue complaints and ensure 
        compliance with the law.
            (17) The unique nature of their work, in private homes with 
        individuals and families, also often makes it difficult for 
        domestic employees to use Federal programs and policies to 
        improve their skills and training and to join together 
        collectively to negotiate better pay and working conditions.
            (18) Many domestic employees are also vulnerable to 
        discrimination and sexual harassment. These issues are further 
        exacerbated by the unique working conditions faced by domestic 
        employees, such as isolation, poverty, immigration status, the 
        lack of familiarity with the law and legal processes, limited 
        networks for support, language barriers, and fear of 
        retaliation and deportation.
            (19) Millions of older individuals, individuals with 
        disabilities, and families are increasingly relying on domestic 
        employees. Transforming domestic work jobs into good jobs with 
        family sustaining wages and access to benefits can reduce high 
        turnover due to poor working conditions, thereby enhancing 
        quality of care, and supporting the millions of working and 
        retired people of the United States who rely on them.

SEC. 3. DEFINITIONS.

    (a) Fair Labor Standards Act of 1938 Definitions.--In this Act:
            (1) Commerce; employ; employee; goods; person; state.--The 
        terms ``commerce'', ``employ'', ``employee'', ``employer'', 
        ``enterprise'', ``enterprise engaged in commerce or in the 
        production of goods for commerce'', ``goods'', ``person'', and 
        ``State'' have the meanings given such terms in section 3 of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
            (2) Regular rate.--The term ``regular rate'' has the 
        meaning given such term in section 7(e) of such Act (29 U.S.C. 
        207(e)).
    (b) Other Definitions.--In this Act:
            (1) Child.--The term ``child''--
                    (A) means an individual who is under 18 years of 
                age; and
                    (B) includes an individual described in 
                subparagraph (A) who is--
                            (i) a biological, foster, or adopted child;
                            (ii) a stepchild;
                            (iii) a child of a domestic partner;
                            (iv) a legal ward; or
                            (v) a child of a person standing in loco 
                        parentis.
            (2) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (3) Domestic partner.--
                    (A) In general.--The term ``domestic partner'', 
                with respect to an individual, means another individual 
                with whom the individual is in a committed 
                relationship.
                    (B) Committed relationship defined.--The term 
                ``committed relationship'' for purposes of subparagraph 
                (A)--
                            (i) means a relationship between 2 
                        individuals, each at least 18 years of age, in 
                        which both individuals share responsibility for 
                        a significant measure of each other's common 
                        welfare; and
                            (ii) includes any such relationship between 
                        2 individuals, including individuals of the 
                        same sex, that is granted legal recognition by 
                        a State or political subdivision of a State as 
                        a marriage or analogous relationship, including 
                        a civil union or domestic partnership.
            (4) Domestic services.--The term ``domestic services''--
                    (A) means services--
                            (i) of a household nature; and
                            (ii) performed by an individual in or about 
                        a private home (permanent or temporary); and
                    (B) includes services performed by individuals such 
                as companions, babysitters, cooks, waiters, butlers, 
                valets, maids, housekeepers, nannies, nurses, janitors, 
                laundresses, caretakers, handymen, gardeners, home 
                health aides, personal care aides or assistants, and 
                chauffeurs of automobiles for family use.
            (5) Domestic employee.--The term ``domestic employee''--
                    (A) means, except as provided in subparagraph (B), 
                an employee who is employed by an employer for the 
                performance of domestic services; and
                    (B) does not include--
                            (i) any individual who is a family member, 
                        friend, neighbor, or parent of a child and who 
                        provides child care for the child in the 
                        child's home;
                            (ii) any individual who is--
                                    (I) an employee of a family child 
                                care provider; or
                                    (II) a family child care provider; 
                                and
                            (iii) any individual who is an employee 
                        described in section 13(a)(15) of the Fair 
                        Labor Standards Act of 1938 (29 U.S.C. 
                        213(a)(15)).
            (6) Family child care provider.--The term ``family child 
        care provider'' means 1 or more individuals who provide child 
        care services, in a private residence other than the residence 
        of the child receiving the services, for fewer than 24 hours 
        per day for the child (unless the nature of the work of the 
        parent of the child requires 24-hour care).
            (7) Medicaid hcbs-eligible elderly individual.--The term 
        ``Medicaid HCBS-eligible elderly individual'' means an 
        individual who--
                    (A) is 65 years of age or older;
                    (B) is eligible for and enrolled for medical 
                assistance for any of the following services (whether 
                provided on a fee-for-service, risk, or other basis) 
                under a State Medicaid program under title XIX of the 
                Social Security Act (42 U.S.C. 1396 et seq.) (including 
                any waiver or demonstration under such title or under 
                section 1115 of such Act (42 U.S.C. 1315) relating to 
                such title), and includes an individual who becomes 
                eligible for medical assistance under a State Medicaid 
                program when removed from a waiting list:
                            (i) Home health care services authorized 
                        under paragraph (7) of section 1905(a) of the 
                        Social Security Act (42 U.S.C. 1396d(a)).
                            (ii) Personal care services authorized 
                        under paragraph (24) of such section.
                            (iii) PACE services authorized under 
                        paragraph (26) of such section.
                            (iv) Home and community-based services 
                        authorized under subsections (b), (c), (i), 
                        (j), and (k) of section 1915 of such Act (42 
                        U.S.C. 1396n), such services authorized under a 
                        waiver under section 1115 of such Act (42 
                        U.S.C. 1315), and such services provided 
                        through coverage authorized under section 1937 
                        of such Act (42 U.S.C. 1396u-7).
                            (v) Case management services authorized 
                        under section 1905(a)(19) of the Social 
                        Security Act (42 U.S.C. 1396d(a)(19)) and 
                        section 1915(g) of such Act (42 U.S.C. 
                        1396n(g)).
                            (vi) Rehabilitative services, including 
                        those related to behavioral health, described 
                        in section 1905(a)(13) of such Act (42 U.S.C. 
                        1396d(a)(13)).
                            (vii) Such other services specified by the 
                        Secretary of Health and Human Services.
            (8) On-call.--The term ``on-call'', with respect to a 
        domestic employee, means any period of time that the employer 
        of the domestic employee requires the domestic employee to--
                    (A) be available to work; and
                    (B) wait to contact, or to be contacted by, the 
                employer to determine whether the domestic employee 
                will be required to report to work during that period 
                of time.
            (9) Parent.--The term ``parent'', with respect to an 
        individual, means a biological, foster, or adoptive parent of 
        the individual, a stepparent of the individual, parent-in-law 
        of the individual, parent of a domestic partner of the 
        individual, or a legal guardian or other person who stood in 
        loco parentis to the individual when the individual was a 
        child.
            (10) Personal care aide or assistant.--The term ``personal 
        care aide or assistant'' means an individual who provides 
        personal care services.
            (11) Personal care services.--The term ``personal care 
        services'' means assistance provided to an individual who is 
        not an inpatient or resident of a hospital, nursing facility, 
        intermediate care facility for individuals with intellectual 
        disabilities, or institution for mental disease that enables 
        the recipient to accomplish activities of daily living or 
        instrumental activities of daily living.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (13) Self-directed care.--The term ``self-directed care'', 
        with respect to an individual, means services for the 
        individual that are planned and purchased under the direction 
        and control of the individual, including the amount, duration, 
        scope, provider, and location of the services.
            (14) Shared living arrangement.--The term ``shared living 
        arrangement'' means a living arrangement involving--
                    (A) not more than 2 individuals who are an 
                individual with a disability or a Medicaid HCBS-
                eligible elderly individual, except if 1 or more of the 
                individuals are related to each other (by blood or a 
                close association that is equivalent to a family 
                relationship);
                    (B) an individual providing services for 
                compensation and living in the private home of the 
                recipient of such services;
                    (C) an individual receiving funding through a State 
                Medicaid program under title XIX of the Social Security 
                Act (42 U.S.C. 1396 et seq.), or another publicly 
                funded program;
                    (D) a stipend or room and board as the primary form 
                of payment for the individual providing such services; 
                and
                    (E) the individual receiving such services having 
                the final decision regarding who is the provider of 
                such services living with the individual, through a 
                consumer-driven matching process that includes 
                relationship building, person-centered planning as 
                defined by the Administrator of the Centers for 
                Medicare & Medicaid Services, and an assessment of 
                individual compatibility.
            (15) Spouse.--The term ``spouse'', with respect to an 
        individual, means another individual with whom the individual 
        entered into a marriage (including a common law or same-sex 
        marriage)--
                    (A) as defined or recognized under the law in the 
                State in which the marriage was entered into; or
                    (B) that, in the case of a marriage entered into 
                outside of any State, is recognized in the place where 
                entered into and could have been entered into in at 
                least 1 State.

SEC. 4. RULEMAKING AUTHORITY.

    The Secretary shall have the authority to promulgate rules to carry 
out this Act.

SEC. 5. RULE OF CONSTRUCTION.

    For purposes of this Act, any domestic services performed by a 
domestic employee for an employer are considered to affect commerce.

           TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS

     Subtitle A--Amendments to the Fair Labor Standards Act of 1938

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

    Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 213(b)(21)) is repealed.

SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
              COMMUNICATIONS.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207) 
the following:

``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
              COMMUNICATIONS.

    ``(a) Definition of Live-In Domestic Employee.--In this section, 
the term `live-in domestic employee' means any employee who is employed 
in domestic service in a household and resides in such household.
    ``(b) Notice of Termination for Live-In Domestic Employees.--
            ``(1) In general.--If an employer terminates the employment 
        of a live-in domestic employee, the employer shall, except as 
        provided in paragraph (3), provide the live-in domestic 
        employee with--
                    ``(A) written notice of the termination not later 
                than 48 hours after such termination; and
                    ``(B)(i) not less than 30 calendar days of lodging 
                at--
                            ``(I) the household premises of the 
                        employer, as customarily provided by the 
                        employer; or
                            ``(II) another premise of a comparable 
                        lodging condition; or
                    ``(ii) severance pay in an amount equivalent to the 
                average earnings of the live-in domestic employee for 2 
                weeks of employment during the preceding 6 months.
            ``(2) Offsite lodging or severance.--If an employer chooses 
        to provide a live-in domestic employee who is terminated, as 
        described in paragraph (1), lodging described in paragraph 
        (1)(B)(i)(II), or severance pay described in paragraph 
        (1)(B)(ii), the employer shall allow the live-in domestic 
        employee not less than 48 hours after the notice provided under 
        paragraph (1)(A) to vacate the household of the employer.
            ``(3) Exception.--
                    ``(A) In general.--The requirements under paragraph 
                (1) shall not be required in a case involving a good 
                faith allegation described in subparagraph (B) that the 
                live-in domestic employee has engaged in abuse or 
                neglect, or caused any other harmful conduct, against 
                the employer, any member of the family of the employer, 
                or any individual residing in the household of the 
                employer.
                    ``(B) Good faith allegations.--A good faith 
                allegation described in this subparagraph shall be--
                            ``(i) made in writing and provided to the 
                        live-in domestic employee not later than 48 
                        hours after the employer has knowledge of the 
                        conduct of the live-in domestic employee 
                        resulting in the allegation;
                            ``(ii) supported by a reasonable basis and 
                        belief; and
                            ``(iii) made without reckless disregard or 
                        willful ignorance of the truth.
    ``(c) Communications for Live-In Domestic Employees.--
            ``(1) In general.--If an employer requires an employee to 
        be a live-in domestic employee, the employer shall--
                    ``(A) provide the live-in domestic employee with 
                the ability, and reasonable opportunity, to access 
                telephone and internet services in accordance with 
                paragraph (2); and
                    ``(B) without interference by the employer, permit 
                the live-in domestic employee to send and receive 
                communications by text message, social media, 
                electronic or regular mail, and telephone calls.
            ``(2) Telephone and internet services.--
                    ``(A) Employer with services.--If an employer 
                requires an employee to be a live-in domestic employee 
                and has telephone or internet services for the 
                household of the employer, the employer shall provide 
                the live-in domestic employee with reasonable access to 
                such services without charge to the employee.
                    ``(B) Employer without services.--If an employer 
                requires an employee to be a live-in domestic employee 
                and does not have telephone or internet services for 
                the household of the employer, the employer--
                            ``(i) shall provide the live-in domestic 
                        employee with a reasonable opportunity to 
                        access such services at another location; and
                            ``(ii) shall not be required to pay for 
                        such services.''.
    (b) Conforming Amendment.--Section 10 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 210) is repealed.

SEC. 103. ENFORCEMENT.

    (a) Prohibited Act.--Section 15(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 215(a)) is amended--
            (1) in paragraph (5), by striking ``; and'';
            (2) in paragraph (6), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(7) to violate any provision of section 8, including any 
        regulation or order issued by the Secretary under that 
        section.''.
    (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended--
            (1) in subsection (b), by inserting ``Any employer who 
        violates section 8(b) shall be liable to the employee affected 
        in an amount of severance pay that is calculated, with respect 
        to the employee, in accordance with section 8(b)(1)(B)(ii), and 
        in an additional equal amount as liquidated damages. Any 
        employer who violates section 8(c) shall be liable to the 
        employee affected in an amount that is not to exceed $2,000 for 
        each violation.'' after the third sentence; and
            (2) in subsection (c), by adding at the end the following: 
        ``The authority and requirements described in this subsection 
        shall also apply with respect to a violation of section 8, as 
        appropriate, and the employer shall be liable for the amounts 
        described in subsection (b) for violations of such section.''.
    (c) Injunction Proceedings.--Section 17 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and 
inserting ``and in the case of violations of section 15(a)(7) the 
restraint of any withholding of severance pay and other damages found 
by the court to be due to employees under this Act (except, in either 
case, sums''.
    (d) Statute of Limitations.--Section 6 of the Portal-to-Portal Act 
of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection 
(a), by inserting ``(and any cause of action to enforce section 8 of 
such Act)'' after ``under the Fair Labor Standards Act of 1938, as 
amended''.

                  Subtitle B--Domestic Employee Rights

SEC. 110. WRITTEN AGREEMENTS.

    (a) Covered Domestic Employee.--In this section, the term ``covered 
domestic employee'' means any domestic employee to whom the employer of 
the domestic employee expects to provide compensation for the 
performance of domestic services by the domestic employee for not less 
than 8 hours per week.
    (b) Requirement.--Each employer shall provide a written agreement 
in accordance with this section to each covered domestic employee 
employed by the employer.
    (c) Written Agreement Requirements.--A written agreement required 
under this section shall--
            (1) be signed and dated by the covered domestic employee 
        and the employer;
            (2) be written in--
                    (A) a language easily and fully understood by the 
                covered domestic employee and the employer, which may 
                be in multiple languages if the employee and the 
                employer do not easily and fully understand the same 
                language; and
                    (B) plain language;
            (3) include the contents described in subsection (d); and
            (4) be provided in accordance with subsection (e).
    (d) Contents of the Written Agreement.--
            (1) In general.--The contents described in this subsection 
        shall include each of the following:
                    (A) The full name, address, and contact information 
                of the employer, including, as appropriate, any ``doing 
                business as'' name of the employer and the name of each 
                individual of the employer who will be doing business 
                with the covered domestic employee.
                    (B) The address for the location where the covered 
                domestic employee will be providing domestic services 
                for the employer.
                    (C) All responsibilities to be performed by the 
                covered domestic employee for the employer, and the 
                regularity in which such responsibilities are to be 
                performed.
                    (D) The hourly pay rate of the covered domestic 
                employee for any work week, including the overtime pay 
                rate.
                    (E) The day of the week when the covered domestic 
                employee will be paid.
                    (F) The required working hours for any work week, 
                including--
                            (i) the time of day and day of week the 
                        work of the covered domestic employee begins;
                            (ii) meal and rest breaks described in 
                        section 115;
                            (iii) time off, including paid holidays and 
                        paid vacations;
                            (iv) the work schedule of the employee at 
                        the time of hire, including--
                                    (I) the time of day and the days of 
                                the week the covered domestic employee 
                                will be expected to work for the 
                                employer each week; or
                                    (II) if the time of day or the days 
                                of the week that the domestic employee 
                                will be expected to work for the 
                                employer will vary from week to week, 
                                information regarding a good faith 
                                estimate of the days and hours for 
                                which the covered domestic employee 
                                will be expected to work for the 
                                employer each week, including, at 
                                minimum--
                                            (aa) the average number of 
                                        hours the covered domestic 
                                        employee will be expected to 
                                        work for the employer each week 
                                        during a typical 90-day period;
                                            (bb) whether the covered 
                                        domestic employee can expect to 
                                        be on-call;
                                            (cc) a subset of days the 
                                        covered domestic employee can 
                                        typically expect to work (or to 
                                        be scheduled as off from work) 
                                        for the employer; and
                                            (dd) the amount of notice 
                                        that the employer will provide 
                                        to the domestic employee in 
                                        advance of scheduled work hours 
                                        (as defined in section 112(a)), 
                                        which shall not be less than 72 
                                        hours before such scheduled 
                                        work hours are to begin (except 
                                        during a period described in 
                                        subparagraph (A) of section 
                                        112(e)(1), in a case described 
                                        in subparagraph (B) of such 
                                        section, or in the case of a 
                                        shared living arrangement), and 
                                        the manner in which such notice 
                                        shall be provided;
                            (v) how the employer will provide pay for 
                        last-minute changes to scheduled work hours as 
                        described in section 112(c); and
                            (vi) how the employee can request and 
                        receive a change to scheduled work hours due to 
                        personal events as described in section 113.
                    (G) Information about policies, procedures, and 
                equipment related to safety and emergencies.
                    (H) The policy of the employer pertaining to notice 
                of termination of the covered domestic employee by the 
                employer.
                    (I) A description of the process for the covered 
                domestic employee to raise or address grievances with 
                respect to, or breaches of, the written agreement, 
                including that the grievance process shall not be 
                construed to be an exhaustion of remedies requirement 
                and shall not prevent the domestic employee from going 
                directly to a relevant enforcement agency or a court to 
                enforce any right conferred by this Act or another law.
                    (J) In the case of a covered domestic employee who 
                resides in the household of the person for whom the 
                domestic employee provides domestic services--
                            (i) the circumstances under which the 
                        employer may enter the designated living space 
                        of the domestic employee;
                            (ii) the circumstances under which the 
                        covered domestic employee, in a shared living 
                        arrangement, may enter the designated living 
                        space of the employer; and
                            (iii) a description of certain 
                        circumstances the employer determines as cause 
                        for--
                                    (I) immediate termination of the 
                                covered domestic employee; and
                                    (II) subject (as applicable) to 
                                section 8(b) of the Fair Labor 
                                Standards Act of 1938, removal of the 
                                covered domestic employee from the 
                                household of the person for whom the 
                                employee provides domestic services not 
                                later than 48 hours after notice of the 
                                termination.
                    (K) If applicable, any policies of the employer 
                with respect to the covered domestic employee for--
                            (i) paying for or providing reimbursement 
                        for--
                                    (I) health insurance;
                                    (II) transportation, meals, or 
                                lodging; or
                                    (III) any fees or costs associated 
                                with the domestic services provided by 
                                the covered domestic employee for the 
                                employer;
                            (ii) annual or other pay increases;
                            (iii) severance pay; and
                            (iv) providing materials or equipment 
                        related to the performance of domestic service 
                        by the covered domestic employee, including (if 
                        applicable) any cleaning supplies provided by 
                        the employer.
                    (L) Any other benefits afforded to the covered 
                domestic employee by the employer.
                    (M) A description of the process used by the 
                employer to change any policy described in 
                subparagraphs (A) through (L), including addressing 
                additional compensation if responsibilities are added 
                to those described in subparagraph (C), after the date 
                on which the written agreement is provided to the 
                domestic employee.
            (2) Prohibitions.--A written agreement required under this 
        section may not--
                    (A) contain--
                            (i) a predispute arbitration agreement (as 
                        such term is defined in section 401 of title 9, 
                        United States Code) for claims made by a 
                        covered domestic employee against an employer 
                        regarding the legal rights of the employee; or
                            (ii) a nondisclosure agreement, noncompete 
                        agreement, or nondisparagement agreement that 
                        limits the ability of the covered domestic 
                        employee to seek compensation for performing 
                        domestic services after the employee ceases to 
                        receive compensation from the employer for the 
                        performance of domestic services; and
                    (B) be construed to waive the rights or protections 
                of a domestic employee under Federal, State, or local 
                law.
    (e) Timing.--
            (1) Initial agreement.--An employer shall provide a written 
        agreement required under this section--
                    (A) to each covered domestic employee hired by the 
                employer after the date of enactment of this Act on a 
                day that, at the discretion of the employer, is--
                            (i) not more than 5 days after the covered 
                        domestic employee is hired; or
                            (ii) the day before the first day that the 
                        covered domestic employee performs domestic 
                        services for the employer; and
                    (B) to each covered domestic employee hired on or 
                before the date of enactment of this Act, not more than 
                180 days after such date of enactment.
            (2) Subsequent agreements.--Not later than 30 calendar days 
        after the date on which an employer makes a change to a written 
        agreement provided to a covered domestic employee under this 
        section, the employer shall provide the domestic employee with 
        an updated agreement in accordance with this section.
    (f) Records.--An employer that is required to provide a written 
agreement under this section to a covered domestic employee shall 
retain such agreement for a period of not less than 3 years from the 
date on which the covered domestic employee is no longer working for 
the employer.
    (g) Model Written Agreements.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall establish and make 
        available templates for model written agreements under this 
        section.
            (2) Requirements.--A model written agreement required under 
        paragraph (1) shall be available in multiple languages commonly 
        understood by domestic employees, including all languages in 
        which the Secretary, acting through the Administrator of the 
        Wage and Hour Division, translates a basic information fact 
        sheet published by the Administrator.

SEC. 111. EARNED SICK DAYS.

    (a) Definitions.--In this section:
            (1) Domestic violence.--The term ``domestic violence''--
                    (A) has the meaning given the term in section 
                40002(a) of the Violence Against Women Act of 1994 (34 
                U.S.C. 12291(a)), except that the reference in such 
                section to the term ``jurisdiction receiving grant 
                funding'' shall be deemed to mean the jurisdiction in 
                which the victim lives or the jurisdiction in which the 
                employer of the domestic employee involved is located; 
                and
                    (B) includes dating violence, as that term is 
                defined in such section.
            (2) Domestic employee.--The term ``domestic employee'' 
        means a domestic employee, as defined in section 3(b), other 
        than an individual providing domestic services through a shared 
        living arrangement.
            (3) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to a domestic 
        employee by the employer that employs the domestic employee, 
        including group life insurance, health insurance, disability 
        insurance, sick leave, annual leave, educational benefits, and 
        pensions, regardless of whether such benefits are provided by a 
        practice or written policy of an employer or through an 
        ``employee benefit plan'', as defined in section 3(3) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(3)).
            (4) Health care provider.--The term ``health care 
        provider'' means a provider who--
                    (A) is--
                            (i) a doctor of medicine or osteopathy who 
                        is authorized to practice medicine or surgery 
                        (as appropriate) by the State in which the 
                        doctor practices; or
                            (ii) any other person determined by the 
                        Secretary to be capable of providing health 
                        care services; and
                    (B) is not employed by the employer for whom the 
                provider issues certification under this section.
            (5) Paid sick time.--The term ``paid sick time'' means an 
        increment of compensated leave that can be earned by a domestic 
        employee for use during an absence from employment for any of 
        the reasons described in subparagraphs (A) through (D) of 
        subsection (b)(2).
            (6) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)).
            (7) Stalking.--The term ``stalking'' has the meaning given 
        the term in section 40002(a) of the Violence Against Women Act 
        of 1994 (34 U.S.C. 12291(a)).
            (8) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic 
        violence, sexual assault, or stalking or advocates for such 
        victims, including a rape crisis center, an organization 
        carrying out a domestic violence, sexual assault, or stalking 
        prevention or treatment program, an organization operating a 
        shelter or providing counseling services, or a legal services 
        organization or other organization providing assistance through 
        the legal process.
    (b) Earned Paid Sick Time.--
            (1) Earning of time.--
                    (A) In general.--An employer shall provide each 
                domestic employee employed by the employer not less 
                than 1 hour of earned paid sick time for every 30 hours 
                worked, to be used as described in paragraph (2). An 
                employer shall not be required to permit a domestic 
                employee to earn, under this subsection, more than 56 
                hours of paid sick time in a calendar year, unless the 
                employer chooses to set a higher limit.
                    (B) Dates for beginning to earn paid sick time and 
                use.--
                            (i) In general.--A domestic employee--
                                    (I) shall begin to earn paid sick 
                                time under this subsection at the 
                                commencement of their employment; and
                                    (II) except as provided in clause 
                                (ii), may use that earned paid sick 
                                time in accordance with this 
                                subsection.
                            (ii) Waiting period for use of earned paid 
                        sick time.--
                                    (I) In general.--Except as provided 
                                in subclause (II) and subparagraph (F), 
                                a domestic employee may not use any 
                                paid sick time earned under this 
                                subsection before the day that is the 
                                60th calendar day after commencement of 
                                the domestic employee's employment.
                                    (II) Advance for sick time.--An 
                                employer may--
                                            (aa) loan paid sick time to 
                                        a domestic employee employed by 
                                        the employer for use by such 
                                        domestic employee in advance of 
                                        the domestic employee earning 
                                        such sick time; and
                                            (bb) notwithstanding 
                                        subclause (I), permit use of 
                                        earned sick time by a domestic 
                                        employee before the 60th day of 
                                        employment of the domestic 
                                        employee.
                    (C) Carryover.--Paid sick time earned under this 
                subsection shall carry over from one year to the next.
                    (D) Employers with existing policies.--Any employer 
                with a paid leave policy who makes available an amount 
                of paid leave that is sufficient to meet the 
                requirements of this subsection and that may be used 
                for the same purposes and under the same conditions as 
                the purposes and conditions outlined in paragraph (2) 
                shall not be required to permit a domestic employee 
                employed by the employer to earn additional paid sick 
                time under this subsection.
                    (E) Construction.--Nothing in this subsection shall 
                be construed as requiring financial or other 
                reimbursement to a domestic employee from an employer 
                upon the domestic employee's termination, resignation, 
                retirement, or other separation from employment with 
                the employer for earned paid sick time that has not 
                been used.
                    (F) Reinstatement.--If a domestic employee is 
                separated from employment with an employer and is 
                rehired for employment, within 12 months after that 
                separation, by the same employer, the employer shall 
                reinstate the domestic employee's previously earned 
                paid sick time. Notwithstanding subparagraph 
                (B)(ii)(I), the domestic employee shall be entitled to 
                use the earned paid sick time and earn additional paid 
                sick time at the recommencement of employment with the 
                employer.
                    (G) Prohibition.--An employer may not require, as a 
                condition of providing paid sick time under this 
                subsection, that the domestic employee involved search 
                for or find a replacement to cover the hours during 
                which the domestic employee is using paid sick time.
            (2) Uses.--Paid sick time earned under this subsection may 
        be used by a domestic employee for any of the following:
                    (A) An absence resulting from a physical or mental 
                illness, injury, or medical condition of the domestic 
                employee.
                    (B) An absence resulting from obtaining 
                professional medical diagnosis or care, or preventive 
                medical care, for the domestic employee.
                    (C) An absence for the purpose of caring for a 
                child, a parent, a spouse, a domestic partner, or any 
                other individual related by blood or affinity whose 
                close association with the domestic employee is the 
                equivalent of a family relationship, who--
                            (i) has any of the conditions or needs for 
                        diagnosis or care described in subparagraph (A) 
                        or (B);
                            (ii) is required to attend--
                                    (I) in the case of someone who is a 
                                child, a school meeting; or
                                    (II) a meeting at a place where the 
                                child, parent, spouse, domestic 
                                partner, or such other individual is 
                                receiving care necessitated by a health 
                                condition or disability of the child, 
                                parent, spouse, domestic partner, or 
                                such other individual.
                            (iii) is in need of care and is typically 
                        cared for by an individual who is unable to 
                        provide care because the individual has any of 
                        the conditions or needs for diagnosis or care 
                        described in subparagraph (A) or (B); or
                            (iv) is otherwise in need of care.
                    (D) An absence resulting from domestic violence, 
                sexual assault, or stalking, if the time is to--
                            (i) seek medical attention for the domestic 
                        employee or a child, parent, spouse, domestic 
                        partner, or another individual related to the 
                        domestic employee as described in subparagraph 
                        (C), to recover from physical or psychological 
                        injury or disability caused by domestic 
                        violence, sexual assault, or stalking;
                            (ii) obtain or assist a child, a parent, a 
                        spouse, a domestic partner, or such other 
                        individual in obtaining services from a victim 
                        services organization;
                            (iii) obtain or assist a child, a parent, a 
                        spouse, a domestic partner, or such other 
                        individual in obtaining psychological or other 
                        counseling;
                            (iv) seek relocation; or
                            (v) take legal action, including preparing 
                        for or participating in any civil or criminal 
                        legal proceeding related to or resulting from 
                        domestic violence, sexual assault, or stalking.
            (3) Procedures.--
                    (A) In general.--Paid sick time shall be provided 
                upon the oral or written request of a domestic 
                employee. Such request shall--
                            (i) include the expected duration of the 
                        period of such time; and
                            (ii) be--
                                    (I) in a case in which the need for 
                                such period of time is foreseeable at 
                                least 7 days in advance of such period, 
                                provided at least 7 days in advance of 
                                such period; or
                                    (II) otherwise, provided as soon as 
                                practicable after the domestic employee 
                                is aware of the need for such period.
                    (B) Certification in general.--
                            (i) Provision.--
                                    (I) In general.--Subject to clause 
                                (iv), an employer may require that a 
                                request for paid sick time under this 
                                subsection for a purpose described in 
                                subparagraph (A), (B), or (C) of 
                                paragraph (2) be supported by a 
                                certification issued by the health care 
                                provider of the eligible domestic 
                                employee or of an individual described 
                                in paragraph (2)(C), as appropriate, if 
                                the period of such time covers more 
                                than 3 consecutive workdays.
                                    (II) Timeliness.--The domestic 
                                employee shall provide a copy of such 
                                certification to the employer in a 
                                timely manner, not later than 30 days 
                                after the first day of the period of 
                                time. The employer shall not delay the 
                                commencement of the period of time on 
                                the basis that the employer has not yet 
                                received the certification.
                            (ii) Sufficient certification.--A 
                        certification provided under clause (i) shall 
                        be sufficient if it states--
                                    (I) the date on which the period of 
                                paid sick time will be needed;
                                    (II) the probable duration of the 
                                period of time;
                                    (III) for purposes of paid sick 
                                time under paragraph (2)(A), a 
                                statement that absence from work is 
                                medically necessary;
                                    (IV) for purposes of such time 
                                under paragraph (2)(B), the dates on 
                                which testing for a medical diagnosis 
                                or care is expected to be given the 
                                duration of such testing or care; and
                                    (V) for purposes of such time under 
                                paragraph (2)(C), in the case of time 
                                to care for someone who is not a child, 
                                a statement that care is needed for an 
                                individual described in such paragraph, 
                                and an estimate of the amount of time 
                                that such care is needed for such 
                                individual.
                            (iii) Regulations.--The Secretary shall 
                        prescribe regulations that shall specify the 
                        manner in which a domestic employee who does 
                        not have health insurance shall provide a 
                        certification for purposes of this 
                        subparagraph.
                            (iv) Confidentiality and nondisclosure.--
                                    (I) Protected health information.--
                                Nothing in this section shall be 
                                construed to require a health care 
                                provider to disclose information in 
                                violation of section 1177 of the Social 
                                Security Act (42 U.S.C. 1320d-6) or the 
                                regulations promulgated pursuant to 
                                section 264(c) of the Health Insurance 
                                Portability and Accountability Act of 
                                1996 (42 U.S.C. 1320d-2 note).
                                    (II) Health information records.--
                                If an employer possesses health 
                                information about a domestic employee 
                                or a domestic employee's child, parent, 
                                spouse, or domestic partner or another 
                                individual related to the domestic 
                                employee as described in paragraph 
                                (2)(C), such information shall--
                                            (aa) be maintained on a 
                                        separate form and in a separate 
                                        file from other personnel 
                                        information;
                                            (bb) be treated as a 
                                        confidential medical record; 
                                        and
                                            (cc) not be disclosed 
                                        except to the affected domestic 
                                        employee or with the permission 
                                        of the affected domestic 
                                        employee.
                    (C) Certification in the case of domestic violence, 
                sexual assault, or stalking.--
                            (i) In general.--An employer may require 
                        that a request for paid sick time under this 
                        subsection for a purpose described in paragraph 
                        (2)(D) be supported by a form of documentation 
                        described in clause (ii) if the period of such 
                        time covers more than 3 consecutive workdays.
                            (ii) Form of documentation.--A form of 
                        documentation described in this subparagraph is 
                        any one of the following:
                                    (I) A police report indicating that 
                                the domestic employee, or individual 
                                described in paragraph (2)(D), was a 
                                victim of domestic violence, sexual 
                                assault, or stalking.
                                    (II) A court order protecting or 
                                separating the domestic employee, or 
                                individual described in paragraph 
                                (2)(D), from the perpetrator of an act 
                                of domestic violence, sexual assault, 
                                or stalking, or other evidence from the 
                                court or prosecuting attorney that the 
                                domestic employee, or individual 
                                described in paragraph (2)(D), has 
                                appeared in court or is scheduled to 
                                appear in court in a proceeding related 
                                to domestic violence, sexual assault, 
                                or stalking.
                                    (III) Other documentation signed by 
                                an employee or volunteer working for a 
                                victim services organization, an 
                                attorney, a police officer, a medical 
                                professional, a social worker, an 
                                antiviolence counselor, or a member of 
                                the clergy, affirming that the domestic 
                                employee, or individual described in 
                                paragraph (2)(D), is a victim of 
                                domestic violence, sexual assault, or 
                                stalking.
                            (iii) Requirements.--The requirements of 
                        subparagraph (B) shall apply to certifications 
                        under this paragraph, except that--
                                    (I) subclauses (III) through (V) of 
                                clause (ii) of such subparagraph shall 
                                not apply;
                                    (II) the certification shall state 
                                the reason that the leave is required 
                                with the facts to be disclosed limited 
                                to the minimum necessary to establish a 
                                need for the domestic employee to be 
                                absent from work, and the domestic 
                                employee shall not be required to 
                                explain the details of the domestic 
                                violence, sexual assault, or stalking 
                                involved; and
                                    (III) with respect to 
                                confidentiality under clause (iv) of 
                                such subparagraph, any information 
                                provided to the employer under this 
                                subparagraph shall be confidential, 
                                except to the extent that any 
                                disclosure of such information is--
                                            (aa) requested or consented 
                                        to in writing by the domestic 
                                        employee; or
                                            (bb) otherwise required by 
                                        applicable Federal or State 
                                        law.
                            (iv) Specification of documentation.--An 
                        employer may not specify which of the forms of 
                        documentation described in subclause (I), (II), 
                        or (III) of clause (ii) is required to be 
                        provided in order to satisfy the requirement 
                        under clause (i).
    (c) Construction and Application.--
            (1) Effect on other laws.--
                    (A) Federal and state anti-discrimination laws.--
                Nothing in this section shall be construed to modify or 
                affect any Federal or State law prohibiting 
                discrimination on the basis of race, religion, color, 
                national origin, sex (including sexual orientation and 
                gender identity), age, disability, marital status, 
                familial status, or any other protected status.
                    (B) State and local laws.--Nothing in this section 
                shall be construed to supersede (including preempting) 
                any provision of any State or local law that provides 
                greater paid sick time or leave rights (including 
                greater amounts of paid sick time or leave or greater 
                coverage of those eligible for paid sick time or leave) 
                than the rights established under this section.
            (2) Effect on existing employment benefits.--
                    (A) More protective.--Nothing in this section shall 
                be construed to diminish the obligation of an employer 
                to comply with any contract, collective bargaining 
                agreement, or employment benefit program or plan that 
                provides greater paid sick leave or other leave rights 
                to domestic employees or other individuals than the 
                rights established under this section.
                    (B) Less protective.--The rights established for 
                domestic employees under this section shall not be 
                diminished by any contract, any collective bargaining 
                agreement, or any employment benefit program or plan.
    (d) Effective Date.--This section, other than subsection 
(b)(4)(B)(iii), takes effect 2 years after the date of enactment of 
this Act.

SEC. 112. FAIR SCHEDULING PRACTICES.

    (a) Definitions.--In this section:
            (1) Covered domestic employee.--The term ``covered domestic 
        employee'' has the meaning given the term in section 110(a).
            (2) Scheduled work hours.--The term ``scheduled work 
        hours'' means the hours on a specified day during which a 
        domestic employee is, through a written agreement or schedule, 
        required by the employer of the domestic employee to perform 
        domestic services for the employer and for which the domestic 
        employee will receive compensation for such services.
    (b) Requirement for Notice of Covered Domestic Employee.--In the 
case of a covered domestic employee of an employer, the employer shall 
provide the covered domestic employee notice of the scheduled work 
hours of such employee through--
            (1) a written agreement described in subclause (I) of 
        section 110(d)(1)(F)(iv) regarding a schedule of the time of 
        day and the days of the week the covered domestic employee is 
        expected to work for the employer each week; or
            (2) a schedule agreed upon by the employer and the covered 
        domestic employee provided in the amount of time specified in 
        accordance with a written agreement described in subclause (II) 
        of such section, regarding a good faith estimate of the time of 
        day and the days of the week that the covered domestic employee 
        is expected to work for the employer.
    (c) Requirements for Changes to Scheduled Work Hours and Reporting 
Time Pay.--An employer shall--
            (1) communicate in writing (which may be in an electronic 
        form) any change to the scheduled work hours of each domestic 
        employee of the employer, including any on-call shifts, not 
        less than 72 hours before the domestic employee is scheduled to 
        begin work; and
            (2) pay each domestic employee of the employer--
                    (A) the regular rate of pay of the domestic 
                employee for any scheduled work hours the domestic 
                employee does not work due to the employer canceling or 
                reducing the scheduled work hours of the domestic 
                employee after the domestic employee arrives to work 
                for the scheduled work hours; or
                    (B) at a rate of \1/2\ of the regular rate of pay 
                of the domestic employee for any scheduled work hours 
                the domestic employee does not work due to the employer 
                canceling or reducing the scheduled work hours of the 
                domestic employee at a time that is less than 72 hours 
                prior to the commencement of such scheduled work hours, 
                unless the employer--
                            (i) is an individual with a disability 
                        relying on the domestic employee for disability 
                        supports and services (or an employer 
                        supporting an individual with a disability); 
                        and
                            (ii) requests the domestic employee to 
                        consent to work alternative, equivalent 
                        scheduled work hours within a 7-day period and 
                        the employee consents to work such alternative, 
                        equivalent hours.
    (d) Right To Decline Schedule Changes.--
            (1) In general.--If an employer intends to schedule a 
        covered domestic employee for work during hours that are 
        identified as hours in which the employee can typically expect 
        to be scheduled as off from work in accordance with the written 
        agreement under section 110(d)(1)(F)(iv)(I) or are identified 
        as hours outside of the good faith estimate under section 
        110(d)(1)(F)(iv)(II)(cc)), the employer shall obtain the 
        written consent of the covered domestic employee to work such 
        hours prior to the commencement of such work.
            (2) Consent.--A covered domestic employee may provide 
        written consent under paragraph (1) in an electronic format.
    (e) Exceptions.--
            (1) In general.--Notwithstanding any provision in this 
        section, the requirements under subsection (c) shall not 
        apply--
                    (A) during any period in which the operations of 
                the employer cannot begin or continue due to--
                            (i) a fire, flood, or other natural 
                        disaster;
                            (ii) a major disaster or emergency declared 
                        by the President under section 401 or 501, 
                        respectively, of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5170, 5191) or a state of emergency 
                        declared by a Governor of a State or chief 
                        official of a unit of local government; or
                            (iii) a severe weather condition that poses 
                        a threat to employee safety; or
                    (B) in a case in which--
                            (i) the domestic employee voluntarily 
                        requested in writing a change to the scheduled 
                        work hours of the employee; or
                            (ii) the employer changes the scheduled 
                        work hours of a domestic employee due to--
                                    (I) a medical emergency requiring 
                                the emergency medical treatment or 
                                hospitalization of the individual for 
                                whom the domestic employee is 
                                performing domestic services or a 
                                child, a parent, a spouse, or a 
                                domestic partner of such individual or 
                                any other individual related by blood 
                                or affinity whose close association 
                                with such individual is the equivalent 
                                of a family relationship; or
                                    (II) the risk of contagion or a 
                                quarantine requirement related to a 
                                public health emergency declared under 
                                section 319 of the Public Health 
                                Service Act (42 U.S.C. 247d).
            (2) Shared living arrangement.--Notwithstanding any 
        provision in this section, the requirements under this section 
        shall not apply to a shared living arrangement.
    (f) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED 
              WORK HOURS DUE TO PERSONAL EVENTS.

    (a) Definitions.--In this section:
            (1) Covered domestic employee.--The term ``covered domestic 
        employee'' has the meaning given the term in section 110(a).
            (2) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 111(a).
            (3) Personal event.--The term ``personal event'', with 
        respect to a covered domestic employee, means--
                    (A) an event resulting in the need of the covered 
                domestic employee to serve as a caregiver for an 
                individual related to the covered domestic employee by 
                blood or affinity or whose close association with the 
                covered domestic employee is the equivalent of a family 
                relationship;
                    (B) an event resulting from the obligation of a 
                covered domestic employee to attend a legal proceeding 
                or hearing for subsistence benefits, including benefits 
                under the supplemental nutrition assistance program 
                established under the Food and Nutrition Act of 2008 (7 
                U.S.C. 2011 et seq.) or under a State program for 
                temporary assistance for needy families established 
                under part A of title IV of the Social Security Act (42 
                U.S.C. 601 et seq.), to which the employee, or an 
                individual related to the employee as described in 
                subparagraph (A), is a party or witness; or
                    (C) any circumstance that would constitute a basis 
                for permissible use of safe time or family, medical, or 
                sick leave, as determined based on the policy of the 
                employer of the covered domestic employee.
            (4) Safe time.--The term ``safe time'', with respect to a 
        covered domestic employee, means an absence from work of the 
        employee resulting from domestic violence, sexual assault, or 
        stalking, if the absence is to--
                    (A) seek medical attention for the employee or a 
                child, parent, spouse, or domestic partner of the 
                employee, or any other individual related to the 
                employee by blood or affinity whose close association 
                with the employee is the equivalent of a family 
                relationship, in order to recover from physical or 
                psychological injury or disability caused by domestic 
                violence, sexual assault, or stalking;
                    (B) obtain, or assist a child, parent, spouse, 
                domestic partner, or other individual described in 
                subparagraph (A) in obtaining, services from a victim 
                services organization;
                    (C) obtain, or assist a child, parent, spouse, 
                domestic partner, or other individual described in 
                subparagraph (A) in obtaining, psychological or other 
                counseling;
                    (D) seek relocation for the employee or a child, 
                parent, spouse, domestic partner, or other individual 
                described in subparagraph (A); or
                    (E) take legal action, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or resulting from domestic violence, sexual 
                assault, or stalking, of the employee or a child, 
                parent, spouse, domestic partner, or other individual 
                described in subparagraph (A).
            (5) Scheduled work hours.--The term ``scheduled work 
        hours'' has the meaning given such term in section 112(a), 
        except that references in such section to the term ``domestic 
        employee'' shall be deemed to be a reference to the term 
        ``covered domestic employee''.
            (6) Sexual assault; stalking.--The terms ``sexual assault'' 
        and ``stalking'' have the meanings given such terms in section 
        111(a).
            (7) Temporary change.--The term ``temporary change'', with 
        respect to a change in the scheduled work hours of a covered 
        domestic employee, means a limited alteration in the hours or 
        dates that, or locations where, a employee is scheduled to 
        work, including such an alteration involving using paid time 
        off, trading work hours with another individual, shifting work 
        hours, or using short-term unpaid leave.
    (b) Request.--
            (1) In general.--In accordance with this subsection, for 
        each calendar year, an employer shall, upon request of a 
        covered domestic employee of the employer, grant to the covered 
        domestic employee not less than--
                    (A) 2 requests for a temporary change, covering not 
                more than 1 work day per request, to the scheduled work 
                hours of the employee due to a personal event; or
                    (B) 1 request for a temporary change, covering not 
                more than 2 work days, to the scheduled work hours of 
                the employee due to a personal event.
            (2) Notification of request.--
                    (A) In general.--A covered domestic employee who 
                requests a temporary change to the scheduled work hours 
                of the employee due to a personal event under this 
                subsection shall--
                            (i) notify the employer or direct 
                        supervisor of such employee, as soon as the 
                        employee becomes aware of the need for the 
                        temporary change and inform the employer or 
                        supervisor that the change is due to a personal 
                        event; and
                            (ii) unless the employee seeks leave 
                        without pay, make a proposal regarding how the 
                        covered domestic employee will make the 
                        temporary change to the scheduled work hours of 
                        the employee (such as by using the any earned 
                        paid time off of the domestic employee or by 
                        trading work hours).
                    (B) Format of notification.--A notification under 
                subparagraph (A)(i) need not be in writing.
    (c) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 114. PRIVACY.

    (a) In General.--An employer shall not--
            (1) monitor or record a domestic employee of the employer 
        while such domestic employee is--
                    (A) using restroom or bathing facilities;
                    (B) in the private living quarters of the employee; 
                or
                    (C) engaging in any activities associated with the 
                dressing, undressing, or changing of clothes of the 
                employee;
            (2) subject to subsection (b), restrict or interfere with, 
        or monitor, the private communications of such domestic 
        employee; or
            (3) take possession of any documents or other personal 
        effects of such domestic employee.
    (b) Private Communications.--An employer may--
            (1) restrict, interfere with, or monitor the private 
        communications of a domestic employee of the employer if the 
        employer has a reasonable belief that such communications 
        significantly interfere with the domestic employee's 
        performance of expected duties; and
            (2) establish reasonable restrictions on the private 
        communications of the domestic employee while such employee is 
        performing domestic services for the employer.
    (c) Relation to Other Laws.--This section shall not preclude 
liability under any other law.
    (d) Definition of Private Communications.--In this section, the 
term ``private communications'' means any communication through 
telephone or internet services, including sending and receiving 
communications by text message, social media, electronic mail, and 
telephone, with an entity or individual other than the employer.

SEC. 115. BREAKS FOR MEALS AND REST.

    (a) Meal Breaks.--
            (1) In general.--Except as provided in subsection (c), an 
        employer shall not require a domestic employee to work more 
        than 5 hours for such employer without an uninterrupted meal 
        break of not less than 30 minutes. The number of hours worked 
        by a domestic employee for purposes of this paragraph shall be 
        calculated without regard to any rest break the employee takes 
        and to which the employee has a right under subsection (b).
            (2) Rate of pay.--An employer shall pay a domestic employee 
        for a meal break under paragraph (1) at the regular rate of pay 
        of the domestic employee unless the domestic employee is 
        relieved of all duty for not less than 30 minutes during the 
        meal break and is permitted to leave the work site during such 
        break.
            (3) Paid meal break.--Except as provided in subsection (c), 
        for any paid meal break required under paragraph (1), an 
        employer shall--
                    (A) provide a reasonable opportunity for a domestic 
                employee of the employer to take such break for a 
                period of uninterrupted time that is not less than 30 
                minutes; and
                    (B) not impede or discourage such a domestic 
                employee from taking such meal break.
    (b) Rest Breaks.--
            (1) In general.--Except as provided in subsection (c), for 
        every 4 hours of work that a domestic employee is scheduled to 
        perform for the employer, the employer shall allow the employee 
        a rest break of not less than 10 uninterrupted minutes in which 
        the domestic employee is relieved of all duties related to 
        providing domestic services to the employer. The employer shall 
        allow such rest break to occur during the first 3 hours of 
        consecutive work performed by the employee for the employer.
            (2) Rate of pay.--An employer shall pay a domestic employee 
        for all rest breaks under paragraph (1) at the regular rate of 
        pay of the employee. The employer shall not impede or 
        discourage a domestic employee from taking such breaks.
    (c) Exceptions.--
            (1) In general.--Subject to paragraph (2)(B), a domestic 
        employee may not have the right to a meal break under 
        subsection (a), or a rest break under subsection (b), in a case 
        in which the safety of an individual under the care of the 
        domestic employee prevents the domestic employee from taking 
        such break.
            (2) On-duty breaks.--
                    (A) Definition of on-duty.--In this subsection, the 
                term ``on-duty break'', with respect to a meal break 
                under subsection (a) or a rest break under subsection 
                (b), means a break in which the domestic employee--
                            (i) is not relieved of all duties of the 
                        employee for the employer; and
                            (ii) may, to the extent possible given the 
                        duties of the domestic employee for the 
                        employer, engage in personal activities, such 
                        as resting, eating a meal, drinking a beverage, 
                        making a personal telephone call, or making 
                        other personal choices.
                    (B) Authorization.--In a case described in 
                paragraph (1), the domestic employee may still take an 
                on-duty meal or rest break under subsection (a) or (b), 
                respectively, if--
                            (i) the nature of the work prevents a 
                        domestic employee from being relieved of all 
                        duties required of the domestic employee for 
                        the employer; and
                            (ii) the domestic employee and the employer 
                        agree to such an on-duty meal or rest break in 
                        a written agreement, which shall include a 
                        provision allowing the domestic employee to, in 
                        writing, revoke the agreement at any time .
                    (C) Rate of pay.--An employer shall compensate a 
                domestic employee for the time of an on-duty meal or 
                rest break under this paragraph at the regular rate of 
                pay of the employee for the employer.
            (3) Shared living arrangement.--The requirements under this 
        section shall not apply in the case of a shared living 
        arrangement.

SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS, 
              OR MODES OF COMMUNICATION.

    (a) In General.--An employer may not make any deduction from the 
wage of, or require any reimbursement from, a domestic employee of the 
employer for--
            (1) any cash shortage of the employer; or
            (2) breakage or loss of the employer's equipment or other 
        belongings.
    (b) Communications.--An employer may not make any deduction from 
the wage of, or otherwise penalize, a domestic employee of the employer 
for communicating with a consumer of domestic services directly as 
opposed to communicating through an application or other messaging 
service provided by an on-demand platform or otherwise required by the 
employer.
    (c) Violation.--Any deduction or reimbursement in violation of 
subsection (a) or (b) shall be deemed an unpaid wage for purposes of 
enforcement under section 118, and the domestic employee shall have the 
right to recover such wage in accordance with such section.

SEC. 117. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any person 
to interfere with, restrain, coerce, or deny any other person the 
exercise of, or the attempt to exercise, any right provided under this 
subtitle, including--
            (1) discharging or in any manner discriminating against 
        (including retaliating against) any domestic employee for--
                    (A) exercising, or attempting to exercise, any 
                right provided under this subtitle; or
                    (B) engaging in concerted activities for the 
                purpose of collective bargaining or other mutual aid or 
                protection, regardless of whether such activities are 
                with domestic employees of different employers or 
                domestic employees at different worksites; and
            (2) discriminating against any domestic employee by using 
        the exercise of a right provided under this subtitle as a 
        negative factor in an employment action, such as an action 
        involving hiring, promotion, or changing work hours or number 
        of shifts, or a disciplinary action.
    (b) Retaliation Protection.--It shall be unlawful for any employer 
to discharge, demote, suspend, reduce the work hours of, take any other 
adverse employment action against, threaten to take an adverse 
employment action against, or in any other manner discriminate against 
a domestic employee with respect to compensation, terms, conditions, or 
privileges of employment because the domestic employee (or any person 
acting pursuant to the request of the domestic employee), whether at 
the initiative of the domestic employee or in the ordinary course of 
the domestic employee's duties--
            (1) opposes any practice made unlawful under this subtitle;
            (2) asserts any claim or right under this subtitle;
            (3) assists a domestic employee in asserting such claim or 
        right;
            (4) informs any domestic employee about this subtitle;
            (5) requests a change to the written agreement described in 
        section 110;
            (6) requests a change in scheduled work hours described in 
        section 112, or any other schedule change, without regard to 
        the eligibility of such domestic employee to receive any such 
        change;
            (7) participates as a member of, or takes an action 
        described in paragraph (8) with respect to, the Domestic 
        Employee Standards Board described in section 201;
            (8)(A) files an action, or institutes or causes to be 
        instituted any proceeding, under or related to this subtitle;
            (B) gives, or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this subtitle; or
            (C) testifies, or is about to testify, in any inquiry or 
        proceeding relating to any right provided under this subtitle; 
        and
            (9) engages in concerted activities for the purpose of 
        collective bargaining or other mutual aid or protection, 
        regardless of whether such activities are with domestic 
        employees of different employers or domestic employees at 
        different worksites.
    (c) Immigration-Related Actions as Discrimination.--For purposes of 
subsections (a) and (b), discrimination with respect to compensation, 
terms, conditions, or privileges of employment occurs if a person 
undertakes any of the following activities (unless such activity is 
legal conduct undertaken at the express and specific direction or 
request of the Federal Government):
            (1) Reporting or threatening to report the citizenship or 
        immigration status of a domestic employee or the suspected 
        citizenship or immigration status of a family member of such an 
        individual, to a Federal, State, or local agency.
            (2) Requesting more or different documents than those 
        required under section 274A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor 
        documents that on their face appear to be genuine.
            (3) Using the Federal E-Verify system to check employment 
        status in a manner not required under section 274A(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any 
        memorandum governing use of the E-Verify system.
            (4) Filing or threatening to file a false police report 
        relating to the immigration status of a domestic employee or a 
        family member of a domestic employee.
            (5) Contacting or threatening to contact immigration 
        authorities relating to the immigration status of a domestic 
        employee or a family member of a domestic employee.
    (d) Presumption of Retaliation.--
            (1) In general.--For the purposes of subsections (a) and 
        (b), proof that a person discharged an individual or 
        discriminated against an individual with respect to 
        compensation, terms, conditions, or privileges of employment, 
        within 90 days of the individual involved asserting any claim 
        or right under this subtitle, or assisting any other individual 
        in asserting such a claim or right, shall raise a presumption 
        that the discharge or discrimination was in retaliation as 
        prohibited under subsection (a) or (b), as the case may be.
            (2) Rebuttal.--The presumption under paragraph (1) may be 
        rebutted by clear and convincing evidence that such discharge 
        or discrimination was taken for another permissible reason.

SEC. 118. ENFORCEMENT AUTHORITY.

    (a) In General.--
            (1) Application.--In this subsection--
                    (A) the term ``domestic employee'' means a domestic 
                employee described in subsection (e)(1)(A); and
                    (B) the term ``employer'' means an employer 
                described in clause (i) or (ii) of subparagraph (A) and 
                subparagraph (B) of subsection (e)(2).
            (2) Investigative authority.--
                    (A) In general.--To ensure compliance with the 
                provisions of this subtitle, or any regulation or order 
                issued under this subtitle, the Secretary shall have 
                the investigative authority provided under section 
                11(a) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 211(a)), with respect to employers, domestic 
                employees, and other individuals affected.
                    (B) Obligation to keep and preserve records.--An 
                employer shall make, keep, and preserve records 
                pertaining to compliance with this subtitle in 
                accordance with section 11(c) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 211(c)) and in 
                accordance with regulations prescribed by the 
                Secretary.
                    (C) Required submissions generally limited to an 
                annual basis.--The Secretary shall not require under 
                this paragraph an employer to submit to the Secretary 
                any books or records more than once during any 12-month 
                period, unless the Secretary--
                            (i) has reasonable cause to believe there 
                        may exist a violation of this subtitle, 
                        including any regulation or order issued under 
                        this subtitle; or
                            (ii) is investigating a charge under 
                        paragraph (4).
                    (D) Subpoena authority.--For the purposes of any 
                investigation under this paragraph, the Secretary shall 
                have the subpoena authority provided under section 9 of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 209).
            (3) Civil action by domestic employees.--
                    (A) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (B) may be maintained against an employer by one or 
                more domestic employees, or a representative for and on 
                behalf of the domestic employees and any other domestic 
                employees that may be similarly situated.
                    (B) Liability.--An employer that violates this 
                subtitle shall be liable to a domestic employee 
                aggrieved by the violation, except as provided in 
                subparagraphs (C) and (D), for--
                            (i) damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, or other 
                                        compensation denied or lost by 
                                        reason of the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, or other compensation 
                                        have not been denied or lost, 
                                        any actual monetary losses 
                                        sustained, or the costs 
                                        reasonably related to damage to 
                                        or loss of property, or any 
                                        other injury to the person, 
                                        reputation, character, or 
                                        feelings, sustained by a 
                                        domestic employee as a direct 
                                        result of the violation, or any 
                                        injury to another person 
                                        sustained as a direct result of 
                                        the violation, by the employer;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate;
                                    (III) an additional amount as 
                                liquidated damages; and
                                    (IV) such other legal relief as may 
                                be appropriate;
                            (ii) such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion; and
                            (iii) a reasonable attorney's fee, 
                        reasonable expert witness fees, and other costs 
                        of the action.
                    (C) Meal and rest breaks.--In the case of a 
                violation of section 115, an employer involved shall be 
                liable under subparagraph (B)--
                            (i) for the amount of damages described in 
                        subclauses (I), (II), and (III) of subparagraph 
                        (B)(i); and
                            (ii) under subparagraph (B)(i)(IV), for 
                        each such violation, for an amount equal to 1 
                        hour of pay at the domestic employee's regular 
                        rate of compensation (but not more than 2 hours 
                        of such pay for each workday for which the 
                        employer is in violation of such section).
                    (D) Written agreements.--In the case of a violation 
                of section 110, the employer involved shall be liable, 
                under subparagraph (B)(i)(I), for an amount equal to 
                $5,000.
                    (E) Venue.--An action under this paragraph may be 
                maintained in any Federal or State court of competent 
                jurisdiction.
            (4) Action by the secretary.--
                    (A) Administrative action.--
                            (i) In general.--Subject to clause (ii), 
                        and subparagraphs (C) and (D) of paragraph (3), 
                        the Secretary shall receive, investigate, and 
                        attempt to resolve complaints of violations of 
                        this subtitle in the same manner that the 
                        Secretary receives, investigates, and attempts 
                        to resolve complaints of violations of sections 
                        6, 7, and 15(a)(3) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 206, 207, and 
                        215(a)(3)), including the Secretary's authority 
                        to supervise payment of wages and compensation 
                        under section 16(c) of the Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 216(c)).
                            (ii) Violations generally.--The Secretary 
                        may assess a civil penalty against an employer 
                        that violates any section of this subtitle--
                                    (I) of not more than $15,000 for 
                                any first violation of any such section 
                                by such employer; and
                                    (II) of not more than $25,000 for 
                                any subsequent violation of any such 
                                section by such employer.
                    (B) Administrative review.--Any aggrieved 
                dislocated employee who takes exception to an order 
                issued by the Secretary under subparagraph (A) may 
                request review of and a decision regarding such order 
                by an administrative law judge. In reviewing the order, 
                the administrative law judge may hold an administrative 
                hearing concerning the order, in accordance with the 
                requirements of sections 554, 556, and 557 of title 5, 
                United States Code. Such hearing shall be conducted 
                expeditiously. If no aggrieved dislocated employee 
                requests such review within 60 days after the order is 
                issued under subparagraph (A), the order shall be 
                considered to be a final order that is not subject to 
                judicial review.
                    (C) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover amounts described in paragraph (3)(B) on behalf 
                of a domestic employee aggrieved by a violation of this 
                subtitle.
                    (D) Sums recovered.--
                            (i) In general.--Any sums recovered by the 
                        Secretary under subparagraph (C) shall be held 
                        in a special deposit account and shall be paid, 
                        on order of the Secretary, directly to each 
                        domestic employee aggrieved by the violation 
                        for which the action was brought. Any such sums 
                        not paid to a domestic employee because of 
                        inability to do so within a period of 3 years 
                        shall be deposited into the Treasury of the 
                        United States as a miscellaneous receipt.
                            (ii) Civil penalty.--Any sums recovered by 
                        the Secretary under subparagraph (A)(ii) shall 
                        be deposited into the general fund of the 
                        Treasury of the United States as a 
                        miscellaneous receipt.
            (5) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under paragraph (3), (4), 
                or (6) not later than 2 years after the date of the 
                last event constituting the alleged violation for which 
                the action is brought.
                    (B) Willful violation.--In the case of an action 
                brought for a willful violation of this subtitle, such 
                action may be brought not later than 3 years after the 
                date of the last event constituting the alleged 
                violation for which such action is brought.
                    (C) Commencement.--An action shall be considered 
                commenced under paragraph (3), (4), or (6) for the 
                purposes of this paragraph on the date on which the 
                complaint is filed under such paragraph (3), (4), or 
                (6).
            (6) Action for injunction.--The district courts of the 
        United States together with the District Court of the Virgin 
        Islands and the District Court of Guam shall have jurisdiction, 
        for cause shown, in an action brought by a domestic employee or 
        the Secretary--
                    (A) to restrain violations of this subtitle, 
                including the withholding of a written agreement from a 
                domestic employee as required under section 110, or of 
                any withholding of payment of wages, salary, employment 
                benefits, or other compensation, plus interest, found 
                by the court to be due to a domestic employee under 
                this subtitle; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion, for a violation of this subtitle.
            (7) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        paragraph (4) or (6).
            (8) Government accountability office and library of 
        congress.--Notwithstanding any other provision of this 
        subsection, in the case of the Government Accountability Office 
        and the Library of Congress, the authority of the Secretary of 
        Labor under this subsection shall be exercised respectively by 
        the Comptroller General of the United States and the Librarian 
        of Congress.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this subtitle against a domestic employee 
described in subsection (e)(1)(B).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this subtitle against a domestic employee described in subsection 
(e)(1)(C).
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against a domestic 
employee described in subsection (e)(1)(D).
    (e) Definition.--In section 117 and this section:
            (1) Domestic employee.--Notwithstanding section 3, the term 
        ``domestic employee'' means--
                    (A) a domestic employee (as defined in such 
                section) who is employed by an employer described in 
                clause (i) or (ii) of subparagraph (A) and subparagraph 
                (B) of paragraph (2) for the performance of domestic 
                services;
                    (B) a domestic employee (as defined in such 
                section) who is employed by an employer described in 
                subparagraphs (A)(iii) and (B) of paragraph (2) for the 
                performance of domestic services;
                    (C) a domestic employee (as defined in such 
                section) who is employed by an employer described in 
                subparagraphs (A)(iv) and (B) of paragraph (2) for the 
                performance of domestic services; and
                    (D) a domestic employee (as defined in such 
                section) who is employed by an employer described in 
                subparagraphs (A)(v) and (B) of paragraph (2) for the 
                performance of domestic service.
            (2) Employer.--Notwithstanding section 3, the term 
        ``employer'' means a person who is--
                    (A)(i) an employer, as defined in section 3 of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203), who 
                is not covered under another clause of this 
                subparagraph;
                    (ii) an entity employing a State employee described 
                in section 304(a) of the Government Employee Rights Act 
                of 1991;
                    (iii) an employing office, as defined in section 
                101 of the Congressional Accountability Act of 1995;
                    (iv) an employing office, as defined in section 
                411(c) of title 3, United States Code; or
                    (v) an employing agency covered under subchapter V 
                of chapter 63 of title 5, United States Code; and
                    (B) engaged in commerce or the production of goods 
                for commerce or is an enterprise engaged in commerce or 
                in the production of goods for commerce.

SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS.

    (a) In General.--Nothing in this subtitle shall--
            (1) supersede a provision in a collective bargaining 
        agreement; or
            (2) be construed to diminish the obligation of an employer 
        to comply with any contract, collective bargaining agreement, 
        or employment benefit program or plan that provides greater 
        rights or benefits to domestic employees than the rights 
        established under this Act.
    (b) Other Laws.--Nothing in this subtitle shall--
            (1) affect the obligation of an employer to provide a 
        reasonable accommodation in the form of a change to the work 
        schedule of a domestic employee required under any other law, 
        or to otherwise comply with any other law;
            (2) preempt, limit, or otherwise affect the applicability 
        of any State or local law that provides comparable or superior 
        benefits for domestic employees to the requirements under this 
        subtitle; or
            (3) diminish the rights, privileges, or remedies of any 
        domestic employee under any Federal or State law or under any 
        collective bargaining agreement.
    (c) No Waivers.--The rights and remedies in this subtitle may not 
be waived by a domestic employee through any agreement, policy, or 
form, or as a condition of employment.

   Subtitle C--Amendment to Title VII of the Civil Rights Act of 1964

SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN CIVIL RIGHTS 
              PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT.

    Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) 
is amended by striking ``but'' and inserting ``and a person who employs 
a domestic employee (as defined in section 3(b)(6) of the Domestic 
Worker Bill of Rights Act of 2024), but''.

                 TITLE II--STANDARDS BOARD AND BENEFITS

SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD.

    (a) Establishment and Purposes.--The Secretary shall establish a 
board to be known as the ``Domestic Employee Standards Board'' 
(referred to in this section as the ``Board'') to investigate standards 
in the domestic employees industry and issue recommendations to the 
Secretary under subsection (e)(1), in order to promote the health, 
safety, and well-being of domestic employees.
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 11 
        members, of which--
                    (A) 5 shall be individuals, appointed by the 
                Secretary in accordance with paragraph (2), 
                representing domestic employees;
                    (B) 5 shall be individuals, appointed by the 
                Secretary in accordance with paragraph (3), 
                representing employers of domestic employees; and
                    (C) 1 shall be an individual appointed by the 
                Secretary who is an expert on the domestic services 
                sector and who is from academia, the nonprofit sector, 
                or a Federal, State, or local governmental agency.
            (2) Domestic employees seats.--
                    (A) In general.--The Secretary shall appoint 
                members of the Board representing domestic employees 
                from among individuals nominated under subparagraph (B) 
                by eligible employee organizations.
                    (B) Selection of eligible employee organizations.--
                The Secretary shall enter into agreements, on a 
                competitive basis, with eligible employee organizations 
                for such organizations to nominate individuals to serve 
                as members of the Board representing domestic 
                employees.
                    (C) Selecting individuals on the board.--For each 
                individual nominated under subparagraph (B), the 
                Secretary shall submit a report to Congress indicating 
                whether the Secretary has decided to appoint the 
                individual to the Board and the reasons for such 
                decision.
                    (D) Definition of eligible employee organization.--
                In this paragraph, the term ``eligible employee 
                organization'' means an organization that--
                            (i) is not an employer of a domestic 
                        employee or an employment agency;
                            (ii) represents members of the 
                        organization, including domestic employees;
                            (iii)(I) is described in paragraph (3), 
                        (4), or (5) of section 501(c) of the Internal 
                        Revenue Code of 1986, and exempt from taxation 
                        under section 501(a) of such Code; and
                            (II) is organized and operated for the 
                        betterment of employees, including domestic 
                        employees;
                            (iv) engages in public advocacy to promote 
                        the health and well-being of domestic 
                        employees;
                            (v) has a governing structure that promotes 
                        the decisionmaking power of domestic employees; 
                        and
                            (vi) submits an application to the 
                        Secretary at such time, in such manner, and 
                        containing such information as the Secretary 
                        may reasonably require.
            (3) Employer seats.--
                    (A) In general.--The Secretary shall appoint 
                members of the Board representing employers of domestic 
                employees from among individuals nominated by eligible 
                hiring organizations under subparagraph (B).
                    (B) Selection of eligible hiring organizations.--
                The Secretary shall enter into agreements on a 
                competitive basis with eligible hiring organizations 
                for such organizations to nominate individuals to serve 
                as members of the Board representing employers of 
                domestic employees.
                    (C) Selecting individuals on the board.--
                            (i) In general.--For each individual 
                        nominated under subparagraph (B), the Secretary 
                        shall submit a report to Congress indicating 
                        whether the Secretary has decided to appoint 
                        the individual to the Board and the reasons for 
                        such decision.
                            (ii) Requirements for appointments.--The 
                        Secretary shall ensure that--
                                    (I) not less than 2 seats under 
                                this paragraph are filled by an 
                                individual who contracts with, or 
                                hires, not less than 1 domestic 
                                employee to work in the residence of 
                                the individual;
                                    (II) not less than 1 seat under 
                                this paragraph is filled by a 
                                nomination from an eligible hiring 
                                organization that is dedicated to the 
                                well-being of domestic employees;
                                    (III) not less than 1 seat under 
                                this paragraph is filled by an 
                                individual who relies on a personal 
                                care aide or assistant financed through 
                                a State Medicaid program under title 
                                XIX of the Social Security Act (42 
                                U.S.C. 1396 et seq.);
                                    (IV) not less than 1 seat under 
                                this paragraph is filled by an 
                                individual who--
                                            (aa) is an adult family 
                                        member of a Medicaid HCBS-
                                        eligible elderly individual or 
                                        an individual with a 
                                        disability;
                                            (bb) is an informal 
                                        provider of in-home care to 
                                        such Medicaid HCBS-eligible 
                                        elderly individual or 
                                        individual with a disability; 
                                        and
                                            (cc) contracts with, or 
                                        hires, 1 or more domestic 
                                        employees to provide additional 
                                        care for the Medicaid HCBS-
                                        eligible elderly individual or 
                                        individual with a disability;
                                    (V) a single employer does not fill 
                                more than 1 seat under this paragraph; 
                                and
                                    (VI) any employer serving on the 
                                Board satisfies the requirements under 
                                clause (iii).
                            (iii) Disclosure of labor violations.--
                                    (I) In general.--The Secretary 
                                shall require that each employer that 
                                serves on the Board disclose to the 
                                Secretary, with respect to the 
                                preceding 5-year period--
                                            (aa) any administrative 
                                        merits determination, arbitral 
                                        award or decision, or civil 
                                        judgment, rendered against the 
                                        employer for a violation of the 
                                        labor laws listed in subclause 
                                        (II); and
                                            (bb) any steps taken by the 
                                        employer to correct a violation 
                                        of or improve compliance with 
                                        the labor laws listed in 
                                        subclause (II), including any 
                                        agreement entered into with an 
                                        enforcement agency.
                                    (II) Labor laws.--The labor laws 
                                described in this subclause are each of 
                                the following:
                                            (aa) The Fair Labor 
                                        Standards Act of 1938 (29 
                                        U.S.C. 201 et seq.).
                                            (bb) Title VII of the Civil 
                                        Rights Act of 1964 (42 U.S.C. 
                                        2000e et seq.).
                                            (cc) The Occupational 
                                        Safety and Health Act of 1970 
                                        (29 U.S.C. 651 et seq.).
                                    (III) Responsible source.--The 
                                Secretary shall consider information 
                                disclosed by an employer under this 
                                clause to determine whether the 
                                employer has a satisfactory record of 
                                integrity and business ethics for 
                                purposes of determining whether the 
                                employer shall serve on the Board.
                    (D) Definition of eligible hiring organization.--In 
                this paragraph, the term ``eligible hiring 
                organization'' means an organization that--
                            (i)(I) is an agency employing 2 or more 
                        domestic employees; or
                            (II) is an association of 2 or more 
                        individuals who hire or contract with domestic 
                        employees; and
                            (ii) submits an application to the 
                        Secretary at such time, in such manner, and 
                        containing such information as the Secretary 
                        may reasonably require.
            (4) Chairperson.--The Board shall select a Chairperson from 
        among the members of the Board.
            (5) Executive committee.--The Chairperson shall assign an 
        executive committee of 3 members of the Board, including not 
        less than 1 representative appointed under paragraph (2) and 1 
        representative appointed under paragraph (3). Such executive 
        committee shall establish an agenda and a work plan for the 
        Board.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Board shall serve a term of 2 years.
            (2) Initial members.--The Secretary shall stagger the terms 
        of the Board members such that--
                    (A) 6 of the initial members appointed to the Board 
                serve a term of 4 years, including 3 of the members 
                described in subsection (b)(1)(A) and 3 of the members 
                described in subsection (b)(1)(B); and
                    (B) 5 of the initial members appointed to the Board 
                serve a term of 2 years, including 2 of the members 
                described in subsection (b)(1)(A), 2 of the members 
                described in subsection (b)(1)(B), and the member 
                described in subsection (b)(1)(C).
            (3) Vacancies.--
                    (A) In general.--A vacancy on the Board--
                            (i) shall not affect the powers of the 
                        Board; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made and shall be 
                        subject to any conditions that applied with 
                        respect to the original appointment.
                    (B) Filling unexpired terms.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
                    (C) Presumption.--If a member of the Board is 
                unable to fill the duties of the member in serving on 
                the Board or leaves the domestic service industry for a 
                period that exceeds 90 days while serving on the Board, 
                the seat of the member shall be considered a vacancy 
                for purposes of this paragraph.
    (d) Meetings.--
            (1) In general.--The Board shall meet at the call of the 
        Chairperson.
            (2) Public notice.--The call of the Chairperson under 
        paragraph (1) shall include notice to the public of the 
        meeting.
            (3) Initial meeting.--Not later than 90 days after the date 
        on which all members of the Board have been appointed, the 
        Board shall hold the initial meeting of the Board.
    (e) Standards.--
            (1) Process for recommending standards.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and every 3 years 
                thereafter, the Board shall issue recommendations to 
                the Secretary for standards that affect the well-being 
                of domestic employees, including recommendations for--
                            (i) workplace standards or regulations for 
                        domestic employees, including standards for--
                                    (I) occupational safety and health 
                                standards under the Occupational Safety 
                                and Health Act of 1970, that include 
                                the immediate protection of domestic 
                                employees from infectious diseases such 
                                as COVID-19;
                                    (II) standards or regulations, 
                                including those on--
                                            (aa) wages;
                                            (bb) hours;
                                            (cc) benefits; and
                                            (dd) other matters that 
                                        impact working conditions;
                            (ii) implementing and enforcing the rights 
                        of domestic employees granted under this Act 
                        and other Federal laws, including rights for 
                        minimum wage, health, safety, and other 
                        workplace standards; and
                            (iii) training and certification of 
                        domestic employees and methods to ensure that 
                        training and certification results in higher 
                        wages.
                    (B) Voting.--
                            (i) In general.--Any decision of the Board 
                        regarding a recommendation issued under 
                        subparagraph (A) shall be decided through a 
                        vote of the Board. In any such vote--
                                    (I) each voting member of the Board 
                                shall have 1 vote;
                                    (II) a quorum of the members of the 
                                Board shall be required to be in 
                                attendance at the vote; and
                                    (III) the vote shall be agreed to 
                                upon the affirmative vote of not less 
                                than a majority of the members of the 
                                Board present and voting.
                            (ii) Quorum.--A quorum required under 
                        clause (i)(II) shall not be formed if there are 
                        in attendance fewer than--
                                    (I) 2 members of the Board 
                                described in subsection (b)(1)(A); or
                                    (II) 2 members of the Board 
                                described in subsection (b)(1)(B).
            (2) Rulemaking.--
                    (A) Authority.--Subject to requirements under other 
                law, subparagraph (B), and paragraph (3), the Secretary 
                may issue a rule, in accordance with section 553 of 
                title 5, United States Code, regarding any standard 
                recommended by the Board under paragraph (1).
                    (B) Protection from infectious diseases.--To carry 
                out paragraph (1)(A)(i)(I), the Assistant Secretary of 
                Labor for Occupational Safety and Health may promulgate 
                rules regarding occupational safety and health 
                standards under authority and procedures of the 
                Occupational Safety and Health Act of 1970 that include 
                the immediate protection of domestic employees from 
                infectious diseases such as COVID-19.
                    (C) Decision.--
                            (i) In general.--Not later than 90 days 
                        after receiving a recommendation from the Board 
                        under paragraph (1), the Secretary shall 
                        provide a response on--
                                    (I) whether the Secretary will 
                                issue a rule under subparagraph (A) 
                                regarding such recommendation; and
                                    (II) if the Secretary issues such a 
                                rule, whether the Secretary will 
                                deviate from such recommendation 
                                through such rule.
                            (ii) Explanatory statement.--If the 
                        Secretary decides not to issue a rule under 
                        subparagraph (A) regarding a recommendation 
                        under paragraph (1) or decides to deviate from 
                        such recommendation in such a rule, the 
                        Secretary shall have 90 days after receiving 
                        such recommendation to issue a statement 
                        explaining the decision.
                    (D) Workplace standards.--No standard included in a 
                rule issued under subparagraph (A) may be for a 
                workplace standard that is less protective of domestic 
                employees than any law in effect on the date of 
                enactment of this Act for domestic employees under any 
                Federal, State, or local law.
            (3) Recommendations to congress.--
                    (A) In general.--For any recommendation made by the 
                Board under paragraph (1) that the Secretary determines 
                is not within the authority of the Secretary, the 
                Secretary shall make a recommendation to Congress to 
                take action on the recommendation.
                    (B) Hearing and investigations.--Not later than 1 
                year after such a recommendation is made by the 
                Secretary to Congress under subparagraph (A), Congress 
                shall conduct a hearing on and investigate the 
                recommendation.
                    (C) Rulemaking.--This paragraph is enacted by 
                Congress--
                            (i) as an exercise of the rulemaking power 
                        of the Senate and House of Representatives, 
                        respectively, and as such it is deemed a part 
                        of the rules of each House, respectively, but 
                        applicable only with respect to the procedure 
                        to be followed in that House in the case of a 
                        joint resolution, and it supersedes other rules 
                        only to the extent that it is inconsistent with 
                        such rules; and
                            (ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.
    (f) Powers.--
            (1) Hearings.--
                    (A) In general.--The Board may hold such hearings, 
                meet and act at such times and places, take such 
                testimony, and receive such evidence as the Board 
                considers advisable to carry out this section.
                    (B) Required public hearings.--The Board shall, 
                prior to issuing any recommendation under this section, 
                hold public hearings to enable domestic employees 
                across the United States to have access to the Board. 
                Any such public hearing shall--
                            (i) be held at such a time, in such a 
                        location, and in such a facility that ensures 
                        accessibility for domestic employees;
                            (ii) include interpretation services in the 
                        languages most commonly spoken by domestic 
                        employees in the geographic region of the 
                        hearing;
                            (iii) be held in each of the regions served 
                        by the regional offices of the Wage and Hour 
                        Division of the Department of Labor; and
                            (iv) include eligible employee 
                        organizations in helping to populate the 
                        hearings.
            (2) Information from federal agencies.--
                    (A) In general.--The Board may secure directly from 
                a Federal agency such information as the Board 
                considers necessary to carry out this section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Board, the head of the agency shall 
                provide the information to the Board.
            (3) Postal services.--The Board may use the United States 
        mails in the same manner and under the same conditions as other 
        agencies of the Federal Government.
            (4) Gifts.--The Board may accept, use, and dispose of gifts 
        or donations of services or property.
    (g) Board Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal employees.--A member of the Board 
                who is not an officer or employee of the Federal 
                Government shall be compensated at a rate equal to the 
                daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the Board.
                    (B) Federal employees.--A member of the Board who 
                is an officer or employee of the Federal Government 
                shall serve without compensation in addition to the 
                compensation received for the services of the member as 
                an officer or employee of the Federal Government.
            (2) Travel expenses.--A member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
            (3) Staff.--
                    (A) In general.--The Chairperson of the Board may, 
                without regard to the civil service laws (including 
                regulations), appoint and terminate an executive 
                director and such other additional personnel as are 
                necessary to enable the Board to perform the duties of 
                the Board.
                    (B) Required staff members.--The Secretary shall, 
                in accordance with subparagraph (A), designate not 
                fewer than 2 full-time staff members to support the 
                operation of the Board through logistical, 
                administrative, and legislative activities.
                    (C) Confirmation of executive director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Board.
                    (D) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Board may 
                        fix the compensation of the executive director 
                        and other personnel without regard to the 
                        provisions of chapter 51 and subchapter III of 
                        chapter 53 of title 5, United States Code, 
                        relating to classification of positions and 
                        General Schedule pay rates.
                            (ii) Maximum rate of pay.--The rate of pay 
                        for the executive director and other personnel 
                        shall not exceed the rate payable for level V 
                        of the Executive Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Board without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Board may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) Rule of Construction for Reporting Requirements.--
            (1) In general.--Neither the nomination by an eligible 
        employee organization of 1 or more individuals to serve as 
        members of the Board, nor service on the Board by a 
        representative of an eligible employee organization, shall--
                    (A) make the eligible employee organization subject 
                to the reporting requirements for labor organizations 
                under title II of the Labor-Management Reporting and 
                Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
                    (B) be considered as a factor in any determination 
                of whether the eligible employee organization is 
                subject to such reporting requirements.
            (2) LMRDA requirements.--The status of an organization as 
        an eligible employee organization shall not, by itself, make 
        the organization subject to any reporting requirements under 
        the Labor-Management Reporting and Disclosure Act of 1959 (29 
        U.S.C. 401 et seq.).
            (3) Definition of eligible employee organization.--For 
        purposes of this subsection, the term ``eligible employee 
        organization'' has the meaning given such term in subsection 
        (b)(2)(D).
    (i) Rule of Construction for State and Local Standards.--Nothing in 
this section shall preempt a State or local law with greater 
protections for domestic employees than the protections for such 
employees included in a standard issued through a rule under subsection 
(e)(2).
    (j) Effect on Existing Domestic Employee Benefits.--
            (1) More protective.--Nothing in this section shall be 
        construed to diminish the obligation of an employer to comply 
        with any contract, collective bargaining agreement, or any 
        domestic employee benefit program or plan that provides greater 
        rights or benefits to domestic employees than the rights 
        established under this Act.
            (2) Less protective.--The rights established for domestic 
        employees under this section shall not be diminished by any 
        contract, collective bargaining agreement, or any benefit 
        program or plan.
    (k) Applicability of Law.--Section 1013(a)(2) of title 5, United 
States Code, shall not apply to the Board.

SEC. 202. DOMESTIC EMPLOYEES' BENEFITS STUDY.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a study, which 
        may be through a contract with another entity, for the purpose 
        of providing information to labor organizations, employers, and 
        the general public concerning how to increase the number of 
        domestic employees who have access to a secure retirement, 
        affordable health care, unemployment insurance, life insurance, 
        and other common benefits provided to employees of large 
        private and public sector employers.
            (2) Matters.--The study conducted under paragraph (1) shall 
        include--
                    (A) a review of--
                            (i) the levels of access to and usage of 
                        benefits for domestic employees, including 
                        retirement savings, health insurance, and 
                        reduced health care costs, paid sick time, 
                        unemployment insurance, disability and life 
                        insurance, and paid family and medical leave;
                            (ii) barriers for domestic employees to--
                                    (I) participate in the old-age, 
                                survivors, and disability insurance 
                                program established under title II of 
                                the Social Security Act (42 U.S.C. 401 
                                et seq.);
                                    (II) obtain disability insurance;
                                    (III) access and use benefits, 
                                including the old-age, survivors, and 
                                disability insurance program 
                                established under title II of the 
                                Social Security Act (42 U.S.C. 401 et 
                                seq.), the Medicare program established 
                                under title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.), 
                                the Medicaid program established under 
                                title XIX of that Act (42 U.S.C. 1396 
                                et seq.), unemployment insurance, any 
                                benefits provided under the Patient 
                                Protection and Affordable Care Act 
                                (Public Law 111-148), including the 
                                amendments made by that Act, paid 
                                family and medical leave, paid sick 
                                time, and any additional benefits 
                                identified by the Secretary, including 
                                such benefits that are portable from 
                                job to job;
                                    (IV) otherwise access affordable 
                                health insurance; and
                                    (V) access any other benefits 
                                described in clause (i);
                            (iii) the portability of work-related 
                        benefits for domestic employees and the laws, 
                        including regulations, preventing innovation, 
                        and improvement in the portability of such 
                        benefits; and
                            (iv) whether domestic employees benefitted 
                        from the emergency family and medical leave and 
                        emergency paid sick leave provisions under the 
                        Families First Coronavirus Response Act (Public 
                        Law 116-127), including the amendments made by 
                        that Act, and lessons learned from the 
                        implementation of such provisions;
                    (B) an identification and analysis of State and 
                nongovernmental innovations that can serve as potential 
                replicable models on the national level to increase 
                access to work-related benefits for domestic employees, 
                through portability, outreach, enrollment, and other 
                strategies;
                    (C) a comparison of the ability of domestic 
                employees to access, be eligible for, and participate 
                in public and private sector work-related benefits 
                compared to such ability of other employees;
                    (D) a study on the coverage of domestic employees 
                under State employees' compensation laws, including in 
                all 50 States, the District of Columbia, and 
                territories of the United States; and
                    (E) recommendations for innovations and reforms 
                that would--
                            (i) ensure domestic employees could--
                                    (I) access and use benefits, 
                                including the old-age, survivors, and 
                                disability insurance program 
                                established under title II of the 
                                Social Security Act (42 U.S.C. 401 et 
                                seq.), the Medicare program established 
                                under title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.), 
                                the Medicaid program established under 
                                title XIX of that Act (42 U.S.C. 1396 
                                et seq.), unemployment insurance, any 
                                benefits provided under the Patient 
                                Protection and Affordable Care Act 
                                (Public Law 111-148), including the 
                                amendments made by that Act, paid 
                                family and medical leave, paid sick 
                                time, and any additional benefits 
                                identified by the Secretary, including 
                                such benefits that are portable from 
                                job to job; and
                                    (II) have contributions for the 
                                benefits described in subclause (I) 
                                from multiple employers as applicable;
                            (ii) provide adequate levels of such 
                        benefits for domestic employees; and
                            (iii) enable a domestic employee to have 
                        access to such benefits through multiple jobs 
                        the employee may have.
    (b) Report.--Not later than 15 months after the date of enactment 
of this Act, the Secretary shall submit to the President and Congress a 
report on the study conducted under subsection (a) that includes each 
of the following:
            (1) The findings and conclusions of the study, including 
        its findings and conclusions with respect to the matters 
        described in subsection (a)(2).
            (2) Considerations for laws, including regulations, that 
        should be reviewed to address barriers impacting domestic 
        employees.
            (3) Other information and recommendations with respect to 
        benefits for domestic employees as the Secretary considers 
        appropriate.

    TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS

SEC. 301. DEFINITIONS.

    In this title:
            (1) Domestic workers bill of rights.--The term ``domestic 
        workers bill of rights''--
                    (A) means the rights and protections provided to 
                domestic employees under this Act, and the amendments 
                made by this Act, including (as applicable)--
                            (i) coverage of live-in domestic employees, 
                        as defined in section 8(a) of the Fair Labor 
                        Standards Act of 1938 (29 U.S.C. 208(a)), under 
                        the overtime requirements of section 7 of such 
                        Act (29 U.S.C. 207);
                            (ii) the right of live-in domestic 
                        employees, as so defined, to certain notices 
                        and communications under section 8 of such Act 
                        (29 U.S.C. 208);
                            (iii) any minimum wage for domestic 
                        employees that may be established pursuant to a 
                        recommendation to Congress under section 
                        201(e)(3);
                            (iv) the applicability of title VII of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000e et 
                        seq.);
                            (v) the labor rights and privacy 
                        protections provided to domestic employees 
                        under subtitle B of title I, including--
                                    (I) the right of certain domestic 
                                employees to a written agreement under 
                                section 110;
                                    (II) the right of certain domestic 
                                employees to earned paid sick time 
                                provided under section 111;
                                    (III) the fair scheduling practices 
                                required under section 112 with respect 
                                to certain domestic employees;
                                    (IV) the right of certain domestic 
                                employees to request and receive 
                                temporary changes to scheduled work 
                                hours for certain personal events under 
                                section 113;
                                    (V) the privacy protections under 
                                section 114;
                                    (VI) the right to meal and rest 
                                breaks in accordance with section 115;
                                    (VII) the protection from wage 
                                deductions for cash shortages, 
                                breakages, or loss under subsection (a) 
                                of section 116 and wage deductions or 
                                other penalties for communications 
                                described in subsection (b) of such 
                                section; and
                                    (VIII) the protection against 
                                retaliation under section 117(b); and
                            (vi) the availability of the national 
                        domestic employee hotline supported under 
                        section 304, including the phone number and 
                        other contact methods for the hotline; and
                    (B) includes any rules promulgated by the Secretary 
                under this Act, or the amendments made by this Act, and 
                any standard recommended by the Board that is 
                promulgated as such a rule or otherwise implemented by 
                the Secretary.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) an organization described in paragraph (3), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986, and exempt from taxation under section 
                501(a) of such Code, that--
                            (i) has a board of directors, at least one-
                        half of the members of which is comprised of--
                                    (I) domestic employees; or
                                    (II) representatives of 
                                organizations of such employees, which 
                                organization is independent from all 
                                businesses, organizations, 
                                corporations, or individuals that would 
                                pursue any financial interest in 
                                conflict with that of the employees;
                            (ii) is independent, as described in clause 
                        (i)(II);
                            (iii) has--
                                    (I) expertise in domestic service 
                                and the workforce of domestic 
                                employees; and
                                    (II) a track record of working with 
                                domestic employees; and
                            (iv) operates in a jurisdiction with a 
                        significant population of domestic employees; 
                        or
                    (B) a partnership of organizations described in 
                subparagraph (A).
            (3) Notice of domestic employee rights.--The term ``notice 
        of domestic employee rights'' means the document created and 
        made available by the Secretary under section 302(a).

SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS.

    (a) Providing Notice of Rights to Domestic Employees.--
            (1) Notice of rights.--The Secretary shall create, and make 
        available, a notice of domestic employee rights document that 
        describes the rights and protections provided by the domestic 
        workers bill of rights and any other protections and other 
        rights afforded under Federal law to domestic employees.
            (2) Availability and accessibility of notice.--The notice 
        of domestic employee rights shall be--
                    (A) a written document made available online, 
                including through the website described in subsection 
                (b); and
                    (B) available in English, Spanish, and other 
                languages understood by domestic employees, which shall 
                be determined by the Secretary and include, at a 
                minimum, the translation languages for the basic 
                information fact sheet (or any successor document) 
                produced by the Department of Labor.
    (b) Establishing a Domestic Employees Rights Website.--Not later 
than 180 days after the date of enactment of this Act, the Secretary 
shall establish a single web page on the website of the Department of 
Labor that summarizes in plain language the rights of domestic 
employees under the domestic workers bill of rights.

SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS 
              ENFORCEMENT.

    (a) Establishment.--There is established an Interagency Task Force 
on Domestic Workers Bill of Rights Enforcement (referred to in this 
section as the ``Task Force'').
    (b) Members.--The Task Force shall consist of--
            (1) representatives of the Department of Labor selected by 
        the Secretary, including representatives of the Wage and Hour 
        Division, representatives of the Occupational Safety and Health 
        Administration, and representatives of the Office of the 
        Solicitor of Labor;
            (2) representatives of the Department of Health and Human 
        Services selected by the Secretary of Health and Human 
        Services, including representatives of the Centers for Medicare 
        & Medicaid Services and representatives of the Administration 
        for Community Living; and
            (3) representatives of the Equal Employment Opportunity 
        Commission, selected by the Commission.
    (c) Initial Meeting.--The Task Force shall hold its first meeting 
by not later than 90 days after the date of enactment of this Act.
    (d) Duties.--
            (1) Recommendations regarding workplace challenges.--
        Beginning not later than 180 days after the date of enactment 
        of this Act, the Task Force shall--
                    (A) examine the issues and challenges facing 
                domestic employees who come forward to enforce their 
                workplace rights;
                    (B) identify challenges agencies enforcing these 
                workplace rights have in reaching domestic employees 
                and enforcing such rights, including by conducting 
                hearings in each of the regions served by the regional 
                offices of the Wage and Hour Division of the Department 
                of Labor to hear directly from domestic employees, 
                advocates, and officials or employees of such agencies 
                in the regional and local areas; and
                    (C) develop a set of recommendations, including 
                sample legislative language, on the best enforcement 
                strategies to protect the workplace rights of domestic 
                employees, including--
                            (i) how to reach, and enforce the rights 
                        of, domestic employees;
                            (ii) ways for Federal agencies to work 
                        together or conduct joint enforcement of 
                        workplace rights for domestic employees, as 
                        domestic employees who experience one type of 
                        violation are likely also experiencing other 
                        types of violations; and
                            (iii) ways the Task Force can work with 
                        State and local enforcement agencies on the 
                        enforcement of workplace rights for domestic 
                        employees.
            (2) Report.--Not later than 1 year after the date of the 
        first meeting of the Task Force, the Task Force shall prepare 
        and submit a report to Congress regarding the recommendations 
        described in paragraph (1)(C).
            (3) Joint enforcement.--
                    (A) In general.--For a period of not more than 3 
                years after the date of enactment of this Act, the Task 
                Force shall carry out such actions as the Task Force 
                determines necessary to support joint enforcement by 
                Federal agencies of violations of the rights of 
                domestic employees.
                    (B) Report.--At the end of the 3-year period 
                described in subparagraph (A), the Task Force shall 
                submit a report to Congress regarding the efficacy of 
                such joint enforcement.
            (4) Audit of federal enforcement strategies.--Not later 
        than 3 years after the date of enactment of this Act, and every 
        3 years thereafter, the Task Force shall--
                    (A) conduct an audit of the Federal enforcement 
                strategies relating to the rights of domestic 
                employees; and
                    (B) prepare and submit to Congress a report 
                regarding the results of the audit.
            (5) Consultation regarding community-based enforcement 
        demonstration projects.--Upon the request of the Secretary, the 
        Task Force shall review, and provide recommendations regarding, 
        the applications for community-based enforcement grants under 
        section 305.

SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE.

    The Secretary shall award a grant, on a competitive basis, to an 
eligible entity for a national hotline that domestic employees may call 
to seek assistance on any domestic employee-related issue.

SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND 
              ENFORCEMENT OF DOMESTIC EMPLOYEE RIGHTS.

    (a) Program Authorized.--
            (1) In general.--From amounts made available to carry out 
        this section, the Secretary, after consultation with the 
        Interagency Task Force on Domestic Workers Bill of Rights 
        Enforcement, shall award grants to eligible entities to enable 
        the eligible entities to expand and improve cooperative efforts 
        between Federal agencies and members of the community, in order 
        to--
                    (A) enhance the enforcement of the domestic workers 
                bill of rights and other workplace rights provided to 
                domestic employees under relevant Federal, State, and 
                local laws;
                    (B) educate domestic employees of their rights 
                under the domestic workers bill of rights and other 
                workplace rights under Federal, State, and local laws;
                    (C) educate employers regarding their 
                responsibilities and obligations under the domestic 
                workers bill of rights and other relevant Federal, 
                State, and local laws; and
                    (D) assist domestic employees in pursuing their 
                workplace rights under the domestic workers bill of 
                rights and other relevant Federal, State, or local 
                laws.
            (2) Duration of grants.--Each grant awarded under this 
        section shall be for a period of not more than 3 years.
    (b) Applications.--
            (1) In general.--An eligible entity desiring a grant under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            (2) Partnership applications.--In the case of an eligible 
        entity that is a partnership, the eligible entity may 
        designate, in the application, a single organization in the 
        partnership as the lead entity for purposes of receiving and 
        disbursing funds.
            (3) Contents.--An application described in paragraph (1) 
        shall include--
                    (A) a description of a plan for the demonstration 
                project that the eligible entity proposes to carry out 
                with a grant under this section, including a long-term 
                strategy and detailed implementation plan that reflects 
                expected participation of, and partnership with, 
                community partners; and
                    (B) information on the training and education that 
                will be provided to domestic employees and employers of 
                such employees under such program.
    (c) Selection.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall award grants under this section on a competitive basis.
            (2) Distribution through regions.--In awarding grants under 
        this section, the Secretary shall ensure that a grant is 
        awarded to an eligible entity in each region represented by a 
        regional office of the Wage and Hour Division of the Department 
        of Labor, to the extent practicable based on the availability 
        of appropriations and the applications submitted.
    (d) Use of Funds.--An eligible entity receiving a grant under this 
section shall use the grant funds to develop a community partnership 
and establish and support, through the partnership, 1 or more of the 
following activities:
            (1) Disseminating information and conducting outreach and 
        training to educate domestic employees about the rights and 
        protections provided under the domestic workers bill of rights.
            (2) Conducting educational training for employers about 
        their obligations under the domestic workers bill of rights.
            (3) Conducting orientations and training jointly with 
        relevant Federal agencies, including the Interagency Task Force 
        established under section 303, regarding the rights and 
        protections provided under the domestic workers bill of rights.
            (4) Providing mediation services between private-pay 
        employers and employees.
            (5) Providing assistance to domestic employees in filing 
        claims relating to violations of the domestic workers bill of 
        rights, either administratively or in court.
            (6) Monitoring compliance by employers with the domestic 
        workers bill of rights.
            (7) Establishing networks for education, communication, and 
        participation in the community relating to the domestic workers 
        bill of rights.
            (8) Evaluating the effectiveness of programs designed to 
        prevent violations of the domestic workers bill of rights and 
        enforce the domestic workers bill of rights.
            (9) Recruiting and hiring staff and volunteers for the 
        activities described in this subsection.
            (10) Producing and disseminating outreach and training 
        materials.
            (11) Any other activity as the Secretary may reasonably 
        prescribe through notice and comment rulemaking.
    (e) Memoranda of Understanding.--
            (1) In general.--Not later than 60 days after receiving a 
        grant under this section, an eligible entity shall negotiate 
        and finalize with the Secretary a memorandum of understanding 
        that sets forth specific goals, objectives, strategies, and 
        activities that will be carried out under the grant by the 
        eligible entity through a community partnership.
            (2) Signatures.--A representative of the eligible entity 
        receiving a grant (or, in the case of an eligible entity that 
        is a partnership, a representative of each organization in the 
        partnership) and the Secretary shall sign the memorandum of 
        understanding under this subsection.
            (3) Revisions.--A memorandum of understanding under this 
        subsection shall be reviewed and revised by the eligible entity 
        and the Secretary each year for the duration of the grant.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 306. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall issue a rule to facilitate the use of fiscal 
intermediaries that enable payments between domestic employees and 
employers of such employees, to improve transparency, enforcement, and 
working conditions of domestic employees.

SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO PROVIDE MEDICAID-FUNDED 
              SERVICES.

    (a) Regulations To Apply Domestic Employee Protections and 
Rights.--Not later than 1 year after the date of enactment of this Act, 
the Secretary and the Secretary of Health and Human Services jointly 
shall develop and issue regulations regarding the application of the 
protections and rights afforded to domestic employees including 
personal care aides or assistants who provide services described in 
subsection (b) that are funded under the State plan under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.), or under a waiver of 
such plan, including through a contract or other arrangement with a 
managed care entity (as defined in section 1932(a)(1)(B) of the Social 
Security Act (42 U.S.C. 1396u-2(a)(1)(B))), to individuals enrolled in 
such plan or waiver. The regulations issued under this subsection shall 
recognize the role of self-directed care for individuals with 
disabilities and shall--
            (1) protect, stabilize, and expand the domestic employee 
        and personal care aide or assistant workforce;
            (2) recognize the role of self-directed care for 
        individuals with disabilities;
            (3) prohibit States from requiring individuals with 
        disabilities who self-direct their care to use their direct 
        service budget to pay for costs resulting from the application 
        of such protections and rights to domestic employees (such as 
        paid sick time, penalties, or overtime pay) except to the 
        extent that such costs are directly related to the provision of 
        services described in subsection (b) to such individuals;
            (4) facilitate Federal and State compliance with section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), and the holdings of the Supreme Court in Olmstead v. 
        L.C., 527 U.S. 581 (1999) and companion cases; and
            (5) prohibit States from reducing the level at which States 
        make medical assistance for the services described in 
        subsection (b) available under the State plan under title XIX 
        of the Social Security Act (42 U.S.C. 1396 et seq.) or under a 
        waiver of such plan as a result of the application of 
        protections and rights afforded to domestic employees who 
        provide such services.
    (b) Services Described.--The services described in this subsection 
are the following:
            (1) Home health care services authorized under paragraph 
        (7) of section 1905(a) of the Social Security Act (42 U.S.C. 
        1396d(a)).
            (2) Personal care services authorized under paragraph (24) 
        of such section.
            (3) PACE services authorized under paragraph (26) of such 
        section.
            (4) Home and community-based services authorized under 
        subsections (b), (c), (i), (j), and (k) of section 1915 of such 
        Act (42 U.S.C. 1396n), such services authorized under a waiver 
        under section 1115 of such Act (42 U.S.C. 1315), and such 
        services provided through coverage authorized under section 
        1937 of such Act (42 U.S.C. 1396u-7).
            (5) Case management services authorized under section 
        1905(a)(19) of the Social Security Act (42 U.S.C. 1396d(a)(19)) 
        and section 1915(g) of such Act (42 U.S.C. 1396n(g)).
            (6) Rehabilitative services, including those related to 
        behavioral health described in section 1905(a)(13) of such Act 
        (42 U.S.C. 1396d(a)(13)).
            (7) Such other services specified by the Secretary of 
        Health and Human Services.

SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS.

    (a) In General.--Notwithstanding any other provision of this Act, 
the Secretary shall delay all enforcement relating to the provisions of 
this Act, or the amendments made by this Act, with respect to a 
Federal, State, or local governmental agency, or an entity operating 
under a grant, contract, or other agreement for such agency, until the 
day that is 2 years after the date of enactment of this Act.
    (b) Extension Option.--The Secretary may extend the 2-year delay 
period in enforcement under subsection (a) with respect to a Federal, 
State, or local governmental agency, or an entity operating under a 
grant, contract, or other agreement for such agency, for an additional 
1-year period, if, through a process established by the Secretary, the 
Secretary determines the delay appropriate. In applying the preceding 
sentence, a delay in issuing the regulations required under section 307 
shall be deemed a reason to extend the delayed enforcement period.
    (c) Delay of Enforcement Through Civil Actions by Domestic 
Employees Providing Services Funded Under Medicaid.--No action may be 
brought under section 118(a)(3) against an employer of a domestic 
employee that receives payment under a State Medicaid plan or waiver 
under title XIX of the Social Security Act for providing any services 
described in section 307(b), until on or after the date that is 2 years 
after the date of enactment of this Act.

                           TITLE IV--FUNDING

SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
              PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY 
              DOMESTIC EMPLOYEES.

    Section 1905 of the Social Security Act (42 U.S.C. 1396d) is 
amended--
            (1) in subsection (b), by striking ``and (ii)'' and 
        inserting ``(ii), and (jj)''; and
            (2) by adding at the end the following new subsection:
    ``(jj) Increased FMAP for Medical Assistance for Certain Services 
Provided by Domestic Employees.--
            ``(1) In general.--Notwithstanding subsection (b) and 
        subsection (y), with respect to amounts expended by a State for 
        medical assistance described in paragraph (3) that is provided 
        by a domestic employee (as such term is defined in section 3 of 
        the Domestic Workers Bill of Rights Act) during a fiscal 
        quarter that occurs in the 20-quarter period beginning with the 
        first fiscal quarter that begins on or after the date of 
        enactment of this subsection, the Federal medical assistance 
        percentage otherwise determined under subsection (b) and 
        subsection (y) for the State and quarter shall, after the 
        application of any other increase to the Federal medical 
        assistance percentage for the State and quarter applicable 
        under any other provision of law, be increased (not to exceed 
        100 percent) by the applicable number of percentage points 
        determined for the State under paragraph (2).
            ``(2) Applicable number of percentage points.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the Secretary shall determine the applicable number of 
                percentage points for each State.
                    ``(B) Considerations.--In determining the 
                applicable number of percentage points for a State 
                under this subsection, the Secretary shall--
                            ``(i) estimate the increase in costs to the 
                        State of furnishing medical assistance 
                        described in paragraph (3) that is provided by 
                        a domestic employee (as such term is defined in 
                        section 3 of the Domestic Workers Bill of 
                        Rights Act) that is attributable to the 
                        requirements of such Act and the amendments 
                        made by such Act with respect to labor 
                        protections and benefits for domestic 
                        employees; and
                            ``(ii) determine the appropriate number of 
                        percentage points by which to increase the 
                        Federal medical assistance percentage otherwise 
                        determined for the State under subsection (b) 
                        or (y) to ensure that such increase in costs 
                        does not result in the State reducing the level 
                        of medical assistance described paragraph (3) 
                        that is provided by domestic employees under 
                        the State plan (or a waiver of such plan).
            ``(3) Medical assistance described.--The medical assistance 
        described in this paragraph is the following:
                    ``(A) Home health care services authorized under 
                paragraph (7) of subsection (a).
                    ``(B) Personal care services authorized under 
                paragraph (24) of such subsection.
                    ``(C) PACE services authorized under paragraph (26) 
                of such subsection.
                    ``(D) Home and community-based services authorized 
                under subsections (b), (c), (i), (j), and (k) of 
                section 1915, such services authorized under a waiver 
                under section 1115, and such services provided through 
                coverage authorized under section 1937.
                    ``(E) Case management services authorized under 
                subsection (a)(19) and section 1915(g).
                    ``(F) Rehabilitative services, including those 
                related to behavioral health, described in subsection 
                (a)(13).
                    ``(G) Such other services specified by the 
                Secretary.
            ``(4) Maintenance of effort requirement.--A State may not 
        receive the increase described in paragraph (1) with respect to 
        a quarter if the eligibility standards, methodologies, or 
        procedures applicable to the provision of medical assistance 
        described in paragraph (3) under the State plan (or waiver of 
        such plan) are more restrictive during such quarter than the 
        eligibility standards, methodologies, or procedures, 
        respectively, applicable to the provision of such assistance 
        under such plan (or waiver) as in effect on the date of 
        enactment of this subsection.
            ``(5) Disregard from territorial payment caps.--Any payment 
        made to Puerto Rico, the Virgin Islands, Guam, the Northern 
        Mariana Islands, or American Samoa that is subject to the 
        Federal medical assistance percentage increase specified under 
        paragraph (1) shall not be taken into account for purposes of 
        applying payment limits under subsections (f) and (g) of 
        section 1108.''.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, and 
the amendments made by this Act, such sums as may be necessary.

                         TITLE V--SEVERABILITY

SEC. 501. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision or 
amendment to other persons or circumstances, shall not be affected.
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