II 

112TH CONGRESS 

2D SESSION S. 3280 

To preserve the companionship services exemption for minimum wage and 

overtime pay under the Fair Labor Standards Act of 1938. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2012 

Mr. JOHANNS (for himself, Mr. ALEXANDER, Mr. BOOZMAN, Mr. COBURN, 

Mr. CORKER, Mr. CORNYN, Mr. ENZI, Mr. ISAKSON, Mr. PORTMAN, Mr. 

RUBIO, Ms. SNOWE, Mr. CHAMBLISS, and Mr. BURR) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To preserve the companionship services exemption for minimum wage and overtime pay under the Fair Labor 

Standards Act of 1938. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Companionship Ex5 emption Protection Act’’. 


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•S 3280 IS

1 SEC. 2. DEFINITIONS. 

2 Section 3 of the Fair Labor Standards Act of 1938 

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

5 ‘‘(z)(1) Except as provided in paragraph (2), ‘com6 panionship services’ as used in section 13(a)(15), means 

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

10 including but not limited to, non-medical in-home care or 

11 household work related to the care of the aged or infirm 

12 individuals (such as meal preparation, bed making, wash13 ing of clothes, errands, assistance to appointments, laun14 dry, medication reminders, bathing, assistance with incon15 tinence and grooming, and other similar services). Such 

16 term may also include the performance of general house17 hold work. 

18 ‘‘(2) ‘Companionship services’ shall not include serv19 ices relating to the care and protection of the aged or in20 firm which require and are performed by trained medical 

21 personnel, such as a registered or practical nurse. 

22 ‘‘(aa) ‘Domestic service employment’ as used in sec23 tion 13(a)(15), means services of a household nature per24 formed by an employee in or about a private home (perma25 nent or temporary), including but not limited to, employ26 ees such as cooks, waiters, butlers, valets, maids, houseVerDate Mar 15 2010 23:31 Jun 11, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3280.IS S3280

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•S 3280 IS

1 keepers, nannies, nurses, janitors, laundresses, caretakers, 

2 handymen, gardeners, home health aides, personal care 

3 aides, chauffeurs of automobiles for family use, and baby4 sitters employed on other than a casual basis. 

5 ‘‘(bb) ‘Third-party employment’ as used in section 

6 13(a)(15), means employees who are engaged in providing 

7 companionship services and who are employed by an em8 ployer or agency other than the family or household using 

9 their services, whether or not such an employee is assigned 

10 to more than one household or family in the same work11 week to provide companionship services.’’. 

12 SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES 

13 EXEMPTION. 

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

15 Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amend16 ed— 

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

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

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

20 delimited by regulations of the Secretary)’’. 

Æ 


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