I 

113TH CONGRESS 

2D SESSION H. R. 3828 

To require the Secretary of Labor, in consultation with the Secretary of 

Health and Human Services, to draft disclosures describing the rights 

and liabilities of customers of domestic care services and require that 

such services provide such disclosures to customers in any contract for 

such services. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2014 

Mr. CARTWRIGHT introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To require the Secretary of Labor, in consultation with the 

Secretary of Health and Human Services, to draft disclosures describing the rights and liabilities of customers 

of domestic care services and require that such services 

provide such disclosures to customers in any contract 

for such services. 

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 ‘‘Notification of Your 

5 Eldercare Rights Act’’. 


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1 SEC. 2. DISCLOSURE OF RIGHTS AND LIABILITIES OF CUS2 TOMERS OF DOMESTIC CARE SERVICES. 

3 (a) DRAFT DISCLOSURE DOCUMENT AND REQUIRE4 MENT TO INCLUDE IN CONTRACT.—Not later than one 

5 year after the date of enactment of this Act, the Secretary 

6 of Labor, in consultation with the Secretary of Health and 

7 Human Services, shall— 

8 (1) draft a two-page disclosure document in9 cluding the disclosures described in subsection (b); 

10 and 

11 (2) require, by rule, that any provider of domes12 tic care services— 

13 (A) provide such disclosure document to 

14 each customer prior to entering into contract 

15 with such customer for the provision of such 

16 services; and 

17 (B) disclose to the customer whether the 

18 individual or individuals who will provide such 

19 services are employees of the provider of domes20 tic care services or independent contractors for 

21 purposes of treatment under the Fair Labor 

22 Standards Act of 1938. 

23 (b) REQUIRED DISCLOSURES.—The disclosures re24 quired to be included on the disclosure document described 

25 in subsection (a) shall include— 


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1 (1) information substantially similar to the in2 formation contained on Fact Sheets 79 and 79B 

3 issued by the Wage and Hour Division of the De4 partment of Labor and relating to private homes 

5 and domestic service employment and live-in domes6 tic service workers, respectively, under the Fair 

7 Labor Standards Act of 1938; 

8 (2) simple, plain-language explanation of the 

9 difference between employees of the provider of do10 mestic care services or independent contractors, for 

11 purposes of treatment under the Fair Labor Stand12 ards Act of 1938; and 

13 (3) disclosures regarding— 

14 (A) the rights and legal liabilities of the 

15 customer with respect to any employee or inde16 pendent contractor, including rights of action; 

17 (B) the presence or lack of vicarious liabil18 ity of the provider of domestic care services 

19 with respect to an employee or independent con20 tractor; and 

21 (C) any liability the customer might have 

22 with respect to keeping their property free from 

23 unreasonable risk of harm. 


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1 SEC. 3. ENFORCEMENT. 

2 (a) PROHIBITED ACT.—Beginning on the effective 

3 date of the rule required by section 2, it shall be unlawful 

4 for any provider of domestic care services to enter into 

5 contract with any customer for the provision of such serv6 ices without first providing the prospective customer with 

7 the disclosure document required by section 2. 

8 (b) PENALTY.—Any person who violates subsection 

9 (a) shall be subject to a civil penalty not to exceed $1,100 

10 per violation. Any person who violates subsection (a) hav11 ing previously been assessed a civil penalty under this sec12 tion, or who knowingly violates subsection (a), shall be 

13 subject to a civil penalty not to exceed $5,000 per viola14 tion. 

15 SEC. 4. DEFINITIONS. 

16 As used in this Act— 

17 (1) the term ‘‘domestic care services’’ means 

18 those services described in section 13(a)(15) of the 

19 Fair Labor Standards Act of 1938 (29 U.S.C. 

20 213(a)(15)); and 

21 (2) the term ‘‘provider of domestic care serv22 ices’’ means a business that employs or contracts 

23 with individuals who provide domestic care services 

24 to customers of the business. 

Æ 


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