II 

116TH CONGRESS 

1ST SESSION S. 2112 

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

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2019 

Ms. HARRIS (for herself, Mrs. GILLIBRAND, Mr. BOOKER, Ms. KLOBUCHAR, 

Mr. SANDERS, and Ms. WARREN) 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 workers, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—DOMESTIC WORKER RIGHTS AND PROTECTIONS 


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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 Worker 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—Domestic Worker Health and Safety 

Sec. 121. National domestic worker hotline. 

Sec. 122. Access to health and safety. 

Sec. 123. Occupational safety and health training grants. 

Sec. 124. Study of access to workers’ compensation. 

Sec. 125. Workplace harassment survivor supports study. 

Subtitle D—Amendment to Title VII of Civil Rights Act of 1964 

Sec. 131. Including certain domestic workers in civil rights protections against 

discrimination in employment. 

TITLE II—ORGANIZING, BENEFITS, AND WORKFORCE 

INVESTMENT 

Sec. 201. Domestic worker wage and standards board. 

Sec. 202. Domestic workers’ benefits study. 

Sec. 203. Workforce investment activities grants for domestic workers. 

Sec. 204. Report on career pathways, training standards, and apprenticeships 

for domestic workers. 

TITLE III—IMPLEMENTATION OF THE DOMESTIC WORKERS BILL 

OF RIGHTS 

Sec. 301. Definitions. 

Sec. 302. Notice of domestic worker rights. 

Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforcement. 

Sec. 304. National grant for community-based education, outreach, and enforcement of domestic worker rights. 

Sec. 305. Encouraging the use of fiscal intermediaries. 

Sec. 306. J–1 Visa program. 

Sec. 307. Application to domestic workers who provide Medicaid-funded services. 

Sec. 308. Delayed enforcement for government-funded programs. 


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TITLE IV—FUNDING 

Sec. 401. Temporary increase in the Federal medical assistance percentage for 

Medicaid-funded services provided by domestic workers. 

Sec. 402. Process for determining an increased FMAP to ensure a robust 

homecare workforce under Medicaid. 

Sec. 403. Authorization of appropriations. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) There are an estimated 2,500,000 domestic 

4 workers across the United States working in the 

5 homes of people of the United States to provide 

6 home and personal care, child care, and house clean7 ing services. 

8 (2) Domestic work makes all other work pos9 sible. It is work that cannot be outsourced to work10 ers living outside of the United States, nor is it close 

11 to being automated. Without the millions of domes12 tic workers caring for children, seniors, and individ13 uals with disabilities, and cleaning homes, much of 

14 the economy would come to a standstill. 

15 (3) The employment of individuals in domestic 

16 service in households affects commerce as described 

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

18 1938 (29 U.S.C. 202(a)). 

19 (4) Domestic workers are hired or contacted for 

20 work by phone, mail, or Internet, or through news21 paper ads, and travel to work through transporVerDate Sep 11 2014 01:59 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2112.IS S2112

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1 tation on interstate highways, interstate transit, or 

2 vehicles in interstate commerce. 

3 (5) In 2016, the Bureau of Labor Statistics 

4 predicted that between 2016 and 2026— 

5 (A) the number of new jobs for home 

6 health and personal care aides will increase 41 

7 percent, which is an increase of 1,200,000 jobs 

8 and the largest increase in new jobs of any oc9 cupational category during such period; and 

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

11 and house cleaning positions will increase 6 to 

12 7 percent. 

13 (6) Nine out of ten domestic workers are 

14 women, and such women are disproportionately peo15 ple of color and immigrants. Women, people of color, 

16 and immigrants have historically faced barriers to 

17 employment and economic advancement. 

18 (7) Domestic workers face low wages and unac19 ceptable working conditions. Data from the Bureau 

20 of Labor Statistics indicates that the average wage 

21 for a domestic worker is approximately $11 per 

22 hour, or $23,000 per year if working full-time. In 

23 practice, the average wage for a domestic worker is 

24 less than such approximation given that domestic 


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1 work has largely been negotiated in the informal 

2 labor market. 

3 (8) A landmark study of domestic workers pub4 lished in 2012 by the National Domestic Workers 

5 Alliance and the Center for Urban Economic Devel6 opment of the University of Illinois at Chicago Data 

7 Center titled ‘‘Home Economics: The Invisible and 

8 Unregulated World of Domestic Work’’ indicated 

9 poor working conditions across the domestic workers 

10 industry. The findings of such study included that— 

11 (A) domestic workers have little control 

12 over their working conditions, and employment 

13 is usually arranged without a written contract; 

14 (B) 35 percent of domestic workers inter15 viewed reported that they worked long hours 

16 without breaks in the year immediately pre17 ceding the interview; 

18 (C) 25 percent of live-in domestic workers 

19 had responsibilities that prevented them from 

20 getting at least 5 hours of uninterrupted sleep 

21 at night during the week immediately preceding 

22 the interview; and 

23 (D) 91 percent of domestic workers inter24 viewed who encountered problems with their 

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1 ceding the interview did not complain about 

2 their working conditions because they were 

3 afraid they would lose their job. 

4 (9) The study described in paragraph (8) found 

5 that domestic workers have little access to federally 

6 supported employment benefits. For instance: 

7 (A) Less than 2 percent of such workers 

8 receive retirement or pension benefits, and less 

9 than 9 percent of such workers work for em10 ployers that collect payroll taxes on wages paid 

11 to such workers to provide eligibility for Social 

12 Security benefits. 

13 (B) Sixty-five percent of such workers do 

14 not have health insurance, and only 4 percent 

15 of such workers receive employer-provided in16 surance, despite the fact that domestic work is 

17 hazardous and often results in illness or phys18 ical injuries. 

19 (10) Compounding these challenges is the fact 

20 that many domestic workers have been, and in many 

21 cases continue to be, excluded from key provisions of 

22 labor and employment laws like the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 201 et seq.), the 

24 Occupational Health and Safety Act of 1970 (29 

25 U.S.C. 651 et seq.), and the National Labor RelaVerDate Sep 11 2014 01:59 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2112.IS S2112

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1 tions Act (29 U.S.C. 151 et seq.). Minimum em2 ployee threshold rules, misclassification of domestic 

3 workers as independent contractors, and exclusion of 

4 independent contractors from coverage means that 

5 most domestic workers are also de facto excluded 

6 from Federal civil rights protections, including pro7 tections under title VII of the Civil Rights Act of 

8 1964 (29 U.S.C. 2000e et seq.) and other laws. 

9 (11) The International Labour Organization’s 

10 Domestic Workers Convention, adopted in 2011, 

11 calls for domestic workers to have the right to free12 dom of association and collective actions, protections 

13 against harassment, privacy rights, and the right to 

14 be informed of conditions of employment. This Con15 vention also calls for the right of domestic workers 

16 to keep their travel documents, the right to overtime 

17 compensation and rest breaks, the right to minimum 

18 wage coverage, the right to occupational safety and 

19 health protections, and mechanisms to pursue com20 plaints and ensure compliance with the law. 

21 (12) The unique nature of their work, in pri22 vate homes with individuals and families, also often 

23 makes it difficult for domestic workers to use Fed24 eral programs and policies to improve their skills 


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1 and training and to join together collectively to ne2 gotiate better pay and working conditions. 

3 (13) Many domestic workers are also vulnerable 

4 to discrimination and sexual harassment. These 

5 issues are further exacerbated by the unique working 

6 conditions faced by domestic workers, such as isola7 tion, poverty, immigration status, the lack of famili8 arity with the law and legal processes, limited net9 works for support, language barriers, and fear of re10 taliation and deportation. 

11 (14) Millions of older individuals, individuals 

12 with disabilities, and families are increasingly relying 

13 on domestic workers. By bringing domestic work out 

14 of the shadows and creating incentives and invest15 ments that help raise wages and standards for do16 mestic workers, the Federal Government can lift mil17 lions of the most vulnerable workers out of poverty, 

18 reduce turnover due to poor working conditions, 

19 thereby enhancing quality of care, and support the 

20 millions of working and retired people of the United 

21 States who rely on them. 

22 SEC. 3. DEFINITIONS. 

23 (a) FAIR LABOR STANDARDS ACT DEFINITIONS.— 

24 In this Act, the terms ‘‘commerce’’, ‘‘employ’’, ‘‘em25 ployee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘enterprise engaged in 


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1 commerce or in the production of goods for commerce’’, 

2 ‘‘goods’’, ‘‘person’’, and ‘‘State’’ have the meanings given 

3 such terms in section 3 of the Fair Labor Standards Act 

4 of 1938 (29 U.S.C. 203). 

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

6 (1) CHILD.—The term ‘‘child’’— 

7 (A) means an individual who is under 18 

8 years of age; and 

9 (B) includes an individual described in 

10 subparagraph (A) who is— 

11 (i) a biological, foster, or adopted 

12 child; 

13 (ii) a stepchild; 

14 (iii) a child of a domestic partner; 

15 (iv) a legal ward; or 

16 (v) a child of a person standing in 

17 loco parentis. 

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

19 meaning given the term in section 3 of the Ameri20 cans with Disabilities Act of 1990 (42 U.S.C. 

21 12102). 

22 (3) DOMESTIC PARTNER.— 

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

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


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1 another individual with whom the individual is 

2 in a committed relationship. 

3 (B) COMMITTED RELATIONSHIP DE4 FINED.—The term ‘‘committed relationship’’ 

5 for purposes of subparagraph (A)— 

6 (i) means a relationship between 2 in7 dividuals, each at least 18 years of age, in 

8 which both individuals share responsibility 

9 for a significant measure of each other’s 

10 common welfare; and 

11 (ii) includes any such relationship be12 tween 2 individuals, including individuals 

13 of the same sex, that is granted legal rec14 ognition by a State or political subdivision 

15 of a State as a marriage or analogous rela16 tionship, including a civil union or domes17 tic partnership. 

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

19 services’’— 

20 (A) means services of a household nature 

21 provided in interstate commerce and performed 

22 by an individual in or about a private home 

23 (permanent or temporary); and 

24 (B) includes services performed by individ25 uals such as companions, babysitters, cooks, 


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1 waiters, butlers, valets, maids, housekeepers, 

2 nannies, nurses, janitors, laundresses, care3 takers, handymen, gardeners, home health 

4 aides, personal care aides, and chauffeurs of 

5 automobiles for family use. 

6 (5) DOMESTIC WORKER.—The term ‘‘domestic 

7 worker’’— 

8 (A) means, except as provided in subpara9 graph (B), an individual, including an em10 ployee, who is compensated directly or indirectly 

11 for the performance of domestic services; and 

12 (B) does not include— 

13 (i) a family member, friend, or neigh14 bor of a child, or a parent of a child, who 

15 provides child care in the child’s home; 

16 (ii) any individual who is an employee 

17 of a family child care provider or is a fam18 ily child care provider; and 

19 (iii) any employee described in section 

20 13(a)(15) of the Fair Labor Standards Act 

21 of 1938 (29 U.S.C. 213(a)(15)). 

22 (6) DOMESTIC WORK HIRING ENTITY.—The 

23 term ‘‘domestic work hiring entity’’— 

24 (A) means any person who provides com25 pensation directly or indirectly to a domestic 


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1 worker for the performance of domestic serv2 ices; and 

3 (B) includes— 

4 (i) a person acting directly or indi5 rectly in the interest of a hiring entity in 

6 relation to a domestic worker; and 

7 (ii) an employer of a domestic worker. 

8 (7) FAMILY CHILD CARE PROVIDER.—The term 

9 ‘‘family child care provider’’ means 1 or more indi10 viduals who provide child care services, in a private 

11 residence other than the residence of the child re12 ceiving the services, for fewer than 24 hours per day 

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

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

15 (8) FUNCTIONALLY DISABLED ELDERLY INDI16 VIDUAL.—The term ‘‘functionally disabled elderly in17 dividual’’ has the meaning given such term in sec18 tion 1929(b) of the Social Security Act (42 U.S.C. 

19 1396t(b)). 

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

21 to a parent of a domestic worker, means a biological, 

22 foster, or adoptive parent of a domestic worker, a 

23 stepparent of a domestic worker, parent-in-law of a 

24 domestic worker, parent of a domestic partner of a 

25 domestic worker, or a legal guardian or other person 


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1 who stood in loco parentis to the domestic worker 

2 when the worker was a child. 

3 (10) PERSONAL OR HOME CARE AIDE.—The 

4 term ‘‘personal or home care aide’’ has the meaning 

5 given the term in section 1905(ff)(3) of the Social 

6 Security Act (42 U.S.C. 1396d(ff)(3)). 

7 (11) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Labor, except as otherwise 

9 specified in this Act. 

10 (12) SELF-DIRECTED CARE.—The term ‘‘self11 directed care’’, with respect to an individual, means 

12 services for the individual that are planned and pur13 chased under the direction and control of the indi14 vidual, including the amount, duration, scope, pro15 vider, and location of the services. 

16 (13) SHARED LIVING ARRANGEMENT.—The 

17 term ‘‘shared living arrangement’’ means a living ar18 rangement involving— 

19 (A) except if 1 or more of the individuals 

20 are related to each other (by blood or a close 

21 association that is equivalent to a family rela22 tionship), not more than 2 individuals who are 

23 an individual with a disability or a functionally 

24 disabled elderly individual; 


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1 (B) an individual providing services for 

2 compensation and living in the private home of 

3 the recipient of such services; 

4 (C) an individual receiving funding 

5 through a State Medicaid program under title 

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

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

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

9 primary form of payment for the individual pro10 viding such services; and 

11 (E) the individual receiving such services 

12 having the final decision regarding who is the 

13 provider of such services living with the indi14 vidual, through a consumer-driven matching 

15 process that includes relationship building, per16 son-centered planning as defined by the Admin17 istrator of the Centers for Medicare & Medicaid 

18 Services, and an assessment of individual com19 patibility. 

20 (14) SPOUSE.—The term ‘‘spouse’’, with re21 spect to a domestic worker, has the meaning given 

22 such term by the marriage laws of the State in 

23 which the marriage was celebrated. 


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1 TITLE I—DOMESTIC WORKER 

2 RIGHTS AND PROTECTIONS 

3 Subtitle A—Amendments to the 

4 Fair Labor Standards Act of 1938 

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

6 EMPLOYEES. 

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

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

9 SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION 

10 NOTICES AND COMMUNICATIONS. 

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

12 1938 (29 U.S.C. 201 et seq.) is amended by inserting 

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

14 ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO15 TICES AND COMMUNICATIONS. 

16 ‘‘(a) DEFINITION OF LIVE-IN DOMESTIC EM17 PLOYEE.—In this section, the term ‘live-in domestic em18 ployee’ means any employee who— 

19 ‘‘(1) is employed in domestic service in a house20 hold and resides in such household; and 

21 ‘‘(2) in any workweek is engaged in commerce 

22 or in the production of goods for commerce, or is 

23 employed in an enterprise engaged in commerce or 

24 in the production of goods for commerce. 


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1 ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES2 TIC EMPLOYEES.— 

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

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

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

6 provide the live-in domestic employee with— 

7 ‘‘(A) written notice of the termination; and 

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

9 lodging customarily provided— 

10 ‘‘(I) on the employer’s household 

11 premises; or 

12 ‘‘(II) on another premise of a com13 parable lodging condition; or 

14 ‘‘(ii) severance pay in an amount equiva15 lent to the live-in domestic employee’s average 

16 earnings for 2 weeks of employment in the pre17 ceding 6 months. 

18 ‘‘(2) OFF-SITE LODGING OR SEVERANCE.—If an 

19 employer chooses to provide a live-in domestic em20 ployee who is terminated as described in paragraph 

21 (1) lodging described in paragraph (1)(B)(i)(II) or 

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

23 employer shall allow the live-in domestic employee 

24 not less than 24 hours to vacate the employer’s 

25 household. 


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1 ‘‘(3) EXCEPTION.— 

2 ‘‘(A) IN GENERAL.—The requirements 

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

4 case involving a good faith allegation described 

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

6 employee has engaged in abuse or neglect, or 

7 caused any other harmful conduct against the 

8 employer, any member of the employer’s family, 

9 or any individual residing in the employer’s 

10 household. 

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

12 faith allegation under subparagraph (A) shall 

13 be— 

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

15 the employee not later than 48 hours after 

16 the employer has knowledge of the con17 duct; 

18 ‘‘(ii) supported by a reasonable basis 

19 and belief; and 

20 ‘‘(iii) made without reckless disregard 

21 or willful ignorance of the truth. 

22 ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM23 PLOYEES.— 


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

2 employee to be a live-in domestic employee, the em3 ployer shall— 

4 ‘‘(A) provide the employee with the ability, 

5 and reasonable opportunity, to access telephone 

6 and internet services in accordance with para7 graph (2); and 

8 ‘‘(B) without the employer’s interference, 

9 permit the employee to send and receive com10 munications by text message, social media, elec11 tronic or regular mail, and telephone calls. 

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

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

14 employer subject to the requirement under 

15 paragraph (1) has telephone or internet services 

16 for the household of the employer, the employer 

17 shall provide the live-in domestic employee with 

18 reasonable access to such services without 

19 charge to the employee. 

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

21 an employer subject to the requirement under 

22 paragraph (1) does not have telephone or inter23 net services for the household of the employer, 

24 the employer— 


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

2 employee with a reasonable opportunity to 

3 access such services at another location; 

4 and 

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

6 such services.’’. 

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

8 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re9 pealed. 

10 SEC. 103. ENFORCEMENT. 

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

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

13 amended— 

14 (1) in paragraph (5), by striking the period and 

15 inserting ‘‘; and’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(6) to violate any provision of section 8, in18 cluding any regulation or order issued by the Sec19 retary under that section.’’. 

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

21 216) is amended— 

22 (1) in subsection (b), by inserting ‘‘Any em23 ployer who violates section 8(b) shall be liable to the 

24 employee affected in an amount of severance pay 

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1 cordance with section 8(b)(1)(B)(ii), and in an addi2 tional equal amount as liquidated damages. Any em3 ployer who violates section 8(c) shall be liable to the 

4 employee affected in an amount that is not to exceed 

5 $2,000 for each violation.’’ after the third sentence; 

6 and 

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

8 following: ‘‘The authority and requirements de9 scribed in this subsection shall also apply with re10 spect to a violation of section 8, as appropriate, and 

11 the employer shall be liable for the amounts de12 scribed in subsection (b) for violations of such sec13 tion.’’. 

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

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

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

17 in the case of violations of section 15(a)(6) the restraint 

18 of any withholding of severance pay and other damages 

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

20 (except in either case sums’’. 

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

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

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

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


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1 ‘‘under the Fair Labor Standards Act of 1938, as amend2 ed’’. 

3 Subtitle B—Domestic Worker 

4 Rights 

5 SEC. 110. WRITTEN AGREEMENTS. 

6 (a) COVERED DOMESTIC WORKER.—In this section, 

7 the term ‘‘covered domestic worker’’ means any domestic 

8 worker to whom the domestic work hiring entity expects 

9 to provide compensation for the performance of domestic 

10 services by the worker for not less than 8 hours per week. 

11 (b) REQUIREMENT.—Each domestic work hiring enti12 ty shall provide a written agreement in accordance with 

13 this section to each covered domestic worker hired by the 

14 entity. 

15 (c) WRITTEN AGREEMENT REQUIREMENTS.— 

16 (1) IN GENERAL.—A written agreement re17 quired under this section shall— 

18 (A) be signed and dated by the covered do19 mestic worker and the domestic work hiring en20 tity; 

21 (B) be written in a language easily under22 stood by the covered domestic worker and the 

23 domestic work hiring entity, which may be in 

24 multiple languages if the worker and the entity 


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1 do not easily understand the same language; 

2 and 

3 (C) include the contents described in sub4 section (d). 

5 (2) COPY.—A copy of the written agreement re6 quired under this section shall be provided to the 

7 covered domestic worker at the time the worker is 

8 hired by the domestic work hiring entity. 

9 (d) CONTENTS OF THE WRITTEN AGREEMENT.— 

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

11 this subsection shall include each of the following: 

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

13 information of the domestic work hiring entity, 

14 including any ‘‘doing business as’’ name of the 

15 entity and the name of each individual of the 

16 domestic work hiring entity who will be doing 

17 business with the covered domestic worker, as 

18 appropriate. 

19 (B) The address for the location where the 

20 covered domestic worker will be providing do21 mestic services for the domestic work hiring en22 tity. 

23 (C) The responsibilities, including regu24 larity in performing such responsibilities, asso25 ciated with the domestic services provided by 


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1 the covered domestic worker for the domestic 

2 work hiring entity. 

3 (D) The rate of pay of the covered domes4 tic worker, including when and how the worker 

5 will be paid and any additional compensation 

6 required— 

7 (i) in the case in which the covered 

8 domestic worker is an employee, for over9 time hours worked under section 7 of the 

10 Fair Labor Standards Act of 1938 (29 

11 U.S.C. 207); 

12 (ii) for duties that exceed the required 

13 duties of the covered domestic worker; or 

14 (iii) for a multilingual skill required of 

15 the covered domestic worker. 

16 (E) Required working hours of the covered 

17 domestic worker, including— 

18 (i) meal and rest breaks described in 

19 section 115; 

20 (ii) time off; 

21 (iii) the work schedule of the worker 

22 at the time of hire, including— 

23 (I) a good faith estimate of the 

24 days and hours for which the covered 

25 domestic worker will be expected to 


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1 work for the domestic work hiring en2 tity each week; 

3 (II) the average number of hours 

4 the covered domestic worker will be 

5 expected to work for the domestic 

6 work hiring entity each week during a 

7 typical 90-day period; 

8 (III) whether the covered domes9 tic worker can expect to work any on10 call shifts, as defined in paragraph 

11 (4), for the domestic work hiring enti12 ty; and 

13 (IV) a subset of days the covered 

14 domestic worker can typically expect 

15 to work (or to be scheduled as off 

16 from work) for the domestic work hir17 ing entity; 

18 (iv) the reporting time pay policy de19 scribed in section 112(b); and 

20 (v) the right to request and receive a 

21 change to scheduled work hours due to 

22 personal event as described in section 113. 

23 (F) If applicable, any policies of the do24 mestic work hiring entity with respect to the 


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1 covered domestic worker for paying for or pro2 viding reimbursement for— 

3 (i) health insurance; 

4 (ii) transportation, meals, or lodging; 

5 and 

6 (iii) any other fees or costs associated 

7 with the domestic services provided by the 

8 covered domestic worker for the entity. 

9 (G) If applicable, any policies of the do10 mestic work hiring entity with respect to the 

11 covered domestic worker for— 

12 (i) annual or other pay increases; 

13 (ii) severance pay; and 

14 (iii) providing materials or equipment 

15 related to the performance of domestic 

16 service by the covered domestic worker, in17 cluding (if applicable) any cleaning sup18 plies provided by the entity. 

19 (H) Information about policies, procedures, 

20 and equipment related to safety and emer21 gencies. 

22 (I) If applicable, the right of the covered 

23 domestic worker to collect workers’ compensa24 tion benefits if injured on the job. 


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1 (J) The policy of the domestic work hiring 

2 entity pertaining to notice of termination of the 

3 covered domestic worker by the domestic work 

4 hiring entity. 

5 (K) In the case of a covered domestic 

6 worker who resides in the household of the per7 son for whom the worker provides domestic 

8 services— 

9 (i) the circumstances under which the 

10 domestic work hiring entity may enter the 

11 worker’s designated living space; 

12 (ii) the circumstances under which the 

13 covered domestic worker in a shared living 

14 arrangement may enter the domestic work 

15 hiring entity’s designated living space; and 

16 (iii) a description, in accordance with 

17 paragraph (3), of certain circumstances 

18 the domestic work hiring entity determines 

19 as cause for— 

20 (I) immediate termination of the 

21 covered domestic worker; and 

22 (II) removal of the covered do23 mestic worker from the household of 

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1 vides domestic services not later than 

2 48 hours after the termination. 

3 (L) Any additional benefits afforded to the 

4 covered domestic worker by the domestic work 

5 hiring entity. 

6 (M) The process for the covered domestic 

7 worker to raise or address grievances with re8 spect to, or breaches of, the written agreement. 

9 (N) The process used by the domestic work 

10 hiring entity to change any policy described in 

11 any of the subparagraphs (A) through (M), in12 cluding addressing additional compensation if 

13 responsibilities are added to those described in 

14 subparagraph (C), after the date on which the 

15 written agreement is provided to the domestic 

16 worker. 

17 (O) A copy of the notice of domestic work18 er rights document required under section 

19 302(a). 

20 (2) PROHIBITIONS.—A written agreement re21 quired under this section may not— 

22 (A) contain— 

23 (i) a mandatory pre-dispute arbitra24 tion agreement for claims made by a cov25 ered domestic worker against a domestic 


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1 work hiring entity regarding the legal 

2 rights of the worker; or 

3 (ii) a non-disclosure agreement, non4 compete agreement, or non-disparagement 

5 agreement, limiting the ability of the cov6 ered domestic worker to seek compensation 

7 for performing domestic services after the 

8 worker ceases to receive compensation 

9 from the domestic work hiring entity for 

10 the performance of domestic services; and 

11 (B) be construed to waive the rights or 

12 protections of a domestic worker under Federal, 

13 State, or local law. 

14 (3) IMMEDIATE TERMINATION AND REMOVAL.— 

15 The description in paragraph (1)(K)(iii)— 

16 (A) shall demonstrate a good faith effort 

17 to describe the circumstances that would result 

18 in the termination and removal described in 

19 such paragraph; and 

20 (B) shall not be required to include a list 

21 of all conduct that would constitute cause for 

22 such immediate termination and removal. 

23 (4) DEFINITION OF ON-CALL SHIFT.—For pur24 poses of paragraph (1)(E)(iii)(III), the term ‘‘on-call 


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1 shift’’ means any time a domestic work hiring entity 

2 expects a covered domestic worker to— 

3 (A) be available to work; and 

4 (B) wait to contact, or be contacted by, the 

5 entity or a designee of the entity to determine 

6 whether the worker shall report to work for the 

7 time. 

8 (e) TIMING.— 

9 (1) INITIAL AGREEMENT.—A domestic work 

10 hiring entity shall provide a written agreement re11 quired under this section— 

12 (A) to each covered domestic worker hired 

13 after the date of enactment of this Act, prior to 

14 the first day the worker performs domestic 

15 services for the entity; and 

16 (B) to each covered domestic worker hired 

17 prior to the date of enactment of this Act, 90 

18 days after such date of enactment. 

19 (2) SUBSEQUENT AGREEMENTS.—Not later 

20 than 30 calendar days after a domestic work hiring 

21 entity makes a change to a written agreement pro22 vided to a covered domestic worker under this sec23 tion, the domestic work hiring shall provide the do24 mestic worker with an updated agreement in accord25 ance with this section. 


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1 (f) DOMESTIC WORKER CONSENT.—A covered do2 mestic worker that receives a written agreement under this 

3 section shall have not less than 5 calendar days to review 

4 and agree or suggest changes to the agreement. 

5 (g) RECORDS.—A domestic work hiring entity that 

6 is required to provide a written agreement under this sec7 tion to a covered domestic worker shall retain such agree8 ment for a period of not less than 3 years from the date 

9 on which the covered domestic worker is no longer working 

10 for the entity. 

11 (h) MODEL WRITTEN AGREEMENTS.— 

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

13 after the date of enactment of this Act, the Sec14 retary shall establish and make available templates 

15 for model written agreements under this section. 

16 (2) REQUIREMENTS.—A model written agree17 ment required under paragraph (1) shall— 

18 (A) be available in multiple languages com19 monly understood by domestic workers, includ20 ing all languages in which the Secretary, acting 

21 through the Administrator of the Wage and 

22 Hour Division, translates the basic information 

23 fact sheet published by the Administrator; and 

24 (B) not include any agreement described in 

25 subsection (d)(2)(A). 


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1 SEC. 111. EARNED SICK DAYS. 

2 (a) DEFINITIONS.—In this section: 

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

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

5 40002(a) of the Violence Against Women Act of 

6 1994 (34 U.S.C. 12291(a)), except that the ref7 erence in such section to the term ‘‘jurisdiction re8 ceiving grant monies’’ shall be deemed to mean the 

9 jurisdiction in which the victim lives or the jurisdic10 tion in which the domestic work hiring entity in11 volved is located. Such term also includes dating vio12 lence, as that term is defined in such section. 

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

14 worker’’ means a domestic worker, as defined in sec15 tion 3(b), other than an individual providing assist16 ance through a shared living arrangement. 

17 (3) DOMESTIC WORK HIRING ENTITY.—The 

18 term ‘‘domestic work hiring entity’’— 

19 (A) means such a hiring entity, as defined 

20 in section 3(b), except that for purposes of this 

21 subparagraph, a reference in that section to a 

22 domestic worker shall be considered a domestic 

23 worker as defined in paragraph (2); and 

24 (B) includes any predecessor of a hiring 

25 entity described in subparagraph (A). 


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1 (4) EMPLOYMENT.—The term ‘‘employment’’ 

2 includes service as a domestic worker. 

3 (5) EMPLOYMENT BENEFITS.—The term ‘‘em4 ployment benefits’’ means all benefits provided or 

5 made available to domestic workers by a domestic 

6 work hiring entity, including group life insurance, 

7 health insurance, disability insurance, sick leave, an8 nual leave, educational benefits, and pensions, re9 gardless of whether such benefits are provided by a 

10 practice or written policy of a domestic work hiring 

11 entity or through an ‘‘employee benefit plan’’, as de12 fined in section 3(3) of the Employee Retirement In13 come Security Act of 1974 (29 U.S.C. 1002(3)). 

14 (6) HEALTH CARE PROVIDER.—The term 

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

16 (A) is described in section 825.125 of title 

17 29, Code of Federal Regulations; and 

18 (B) is not employed by a domestic work 

19 hiring entity for whom the provider issues cer20 tification under this section. 

21 (7) PAID SICK TIME.—The term ‘‘paid sick 

22 time’’ means an increment of compensated leave that 

23 can be earned by a domestic worker for use during 

24 an absence from employment for any of the reasons 


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1 described in subparagraphs (A) through (D) of sub2 section (b)(2). 

3 (8) SEXUAL ASSAULT.—The term ‘‘sexual as4 sault’’ has the meaning given the term in section 

5 40002(a) of the Violence Against Women Act of 

6 1994 (34 U.S.C. 12291(a)). 

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

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

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

10 12291(a)). 

11 (10) VICTIM SERVICES ORGANIZATION.—The 

12 term ‘‘victim services organization’’ means a non13 profit, nongovernmental organization that provides 

14 assistance to victims of domestic violence, sexual as15 sault, or stalking or advocates for such victims, in16 cluding a rape crisis center, an organization carrying 

17 out a domestic violence, sexual assault, or stalking 

18 prevention or treatment program, an organization 

19 operating a shelter or providing counseling services, 

20 or a legal services organization or other organization 

21 providing assistance through the legal process. 

22 (b) EARNED PAID SICK TIME.— 

23 (1) EARNING OF TIME.— 

24 (A) IN GENERAL.—A domestic work hiring 

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1 ployed by the hiring entity not less than 1 hour 

2 of earned paid sick time for every 30 hours 

3 worked, to be used as described in paragraph 

4 (2). A domestic work hiring entity shall not be 

5 required to permit a domestic worker to earn, 

6 under this subsection, more than 56 hours of 

7 paid sick time in a year, unless the hiring entity 

8 chooses to set a higher limit. 

9 (B) DATES FOR BEGINNING TO EARN PAID

10 SICK TIME AND USE.—Domestic workers shall 

11 begin to earn paid sick time under this sub12 section at the commencement of their employ13 ment. A domestic worker shall be entitled to 

14 use the earned paid sick time beginning on the 

15 60th calendar day following commencement of 

16 the domestic worker’s employment. After that 

17 60th calendar day, the domestic worker may 

18 use the paid sick time as the time is earned. A 

19 domestic work hiring entity may, at the discre20 tion of the hiring entity, loan paid sick time to 

21 a domestic worker for use by such domestic 

22 worker in advance of the domestic worker earn23 ing such sick time as provided in this para24 graph and may permit use before the 60th day 

25 of employment. 


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1 (C) CARRYOVER.— 

2 (i) IN GENERAL.—Except as provided 

3 in clause (ii), paid sick time earned under 

4 this subsection shall carry over from one 

5 year to the next. 

6 (ii) CONSTRUCTION.—This section 

7 shall not be construed to require a domes8 tic work hiring entity to permit a domestic 

9 worker to earn more than 56 hours of 

10 earned paid sick time at a given time. 

11 (D) HIRING ENTITIES WITH EXISTING

12 POLICIES.—Any domestic work hiring entity 

13 with a paid leave policy who makes available an 

14 amount of paid leave that is sufficient to meet 

15 the requirements of this subsection and that 

16 may be used for the same purposes and under 

17 the same conditions as the purposes and condi18 tions outlined in paragraph (2) shall not be re19 quired to permit a domestic worker to earn ad20 ditional paid sick time under this subsection. 

21 (E) CONSTRUCTION.—Nothing in this sub22 section shall be construed as requiring financial 

23 or other reimbursement to a domestic worker 

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•S 2112 IS

1 ment, or other separation from employment for 

2 earned paid sick time that has not been used. 

3 (F) REINSTATEMENT.—If a domestic 

4 worker is separated from employment with a 

5 domestic work hiring entity and is rehired, 

6 within 12 months after that separation, by the 

7 same hiring entity, the hiring entity shall rein8 state the domestic worker’s previously earned 

9 paid sick time. The domestic worker shall be 

10 entitled to use the earned paid sick time and 

11 earn additional paid sick time at the re12 commencement of employment with the domes13 tic work hiring entity. 

14 (G) PROHIBITION.—A domestic work hir15 ing entity may not require, as a condition of 

16 providing paid sick time under this subsection, 

17 that the domestic worker involved search for or 

18 find a replacement to cover the hours during 

19 which the domestic worker is using paid sick 

20 time. 

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

22 subsection may be used by a domestic worker for 

23 any of the following: 


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•S 2112 IS

1 (A) An absence resulting from a physical 

2 or mental illness, injury, or medical condition of 

3 the domestic worker. 

4 (B) An absence resulting from obtaining 

5 professional medical diagnosis or care, or pre6 ventive medical care, for the domestic worker. 

7 (C) An absence for the purpose of caring 

8 for a child, a parent, a spouse, a domestic part9 ner, or any other individual related by blood or 

10 affinity whose close association with the domes11 tic worker is the equivalent of a family relation12 ship, who— 

13 (i) has any of the conditions or needs 

14 for diagnosis or care described in subpara15 graph (A) or (B); 

16 (ii) in the case of care for someone 

17 who is a child, is the subject of a school 

18 meeting, or a meeting at a place where the 

19 child is receiving care necessitated by the 

20 child’s health condition or disability, that 

21 the domestic worker is required to attend; 

22 or 

23 (iii) is otherwise in need of care. 


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1 (D) An absence resulting from domestic vi2 olence, sexual assault, or stalking, if the time is 

3 to— 

4 (i) seek medical attention for the do5 mestic worker or a related person de6 scribed in subparagraph (C), to recover 

7 from physical or psychological injury or 

8 disability caused by domestic violence, sex9 ual assault, or stalking; 

10 (ii) obtain or assist a related person 

11 described in subparagraph (C) in obtaining 

12 services from a victim services organiza13 tion; 

14 (iii) obtain or assist a related person 

15 described in subparagraph (C) in obtaining 

16 psychological or other counseling; 

17 (iv) seek or assist a related person in 

18 seeking relocation; or 

19 (v) take or assist a related person in 

20 taking legal action, including preparing for 

21 or participating in any civil or criminal 

22 legal proceeding related to or resulting 

23 from domestic violence, sexual assault, or 

24 stalking. 


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1 (3) SCHEDULING.—A domestic worker shall 

2 make a reasonable effort to schedule a period of paid 

3 sick time under this subsection in a manner that 

4 does not unduly disrupt the operations of the domes5 tic work hiring entity. 

6 (4) PROCEDURES.— 

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

8 provided upon the oral or written request of a 

9 domestic worker. Such request shall— 

10 (i) include the expected duration of 

11 the period of such time; 

12 (ii) in a case in which the need for 

13 such period of time is foreseeable at least 

14 7 days in advance of such period, be pro15 vided at least 7 days in advance of such 

16 period; and 

17 (iii) otherwise, be provided as soon as 

18 practicable after the domestic worker is 

19 aware of the need for such period. 

20 (B) CERTIFICATION IN GENERAL.— 

21 (i) PROVISION.— 

22 (I) IN GENERAL.—Subject to 

23 clause (iv), a domestic work hiring en24 tity may require that a request for 

25 paid sick time under this subsection 


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•S 2112 IS

1 for a purpose described in subpara2 graph (A), (B), or (C) of paragraph 

3 (2) be supported by a certification 

4 issued by the health care provider of 

5 the eligible domestic worker or of an 

6 individual described in paragraph 

7 (2)(C), as appropriate, if the period of 

8 such time covers more than 3 con9 secutive workdays. 

10 (II) TIMELINESS.—The domestic 

11 worker shall provide a copy of such 

12 certification to the domestic work hir13 ing entity in a timely manner, not 

14 later than 30 days after the first day 

15 of the period of time. The domestic 

16 work hiring entity shall not delay the 

17 commencement of the period of time 

18 on the basis that the hiring entity has 

19 not yet received the certification. 

20 (ii) SUFFICIENT CERTIFICATION.—A 

21 certification provided under clause (i) shall 

22 be sufficient if it states— 

23 (I) the date on which the period 

24 of time will be needed; 


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1 (II) the probable duration of the 

2 period of time; 

3 (III) the appropriate medical 

4 facts within the knowledge of the 

5 health care provider regarding the 

6 condition involved, subject to clause 

7 (iii); 

8 (IV) for purposes of paid sick 

9 time under paragraph (2)(A), a state10 ment that absence from work is medi11 cally necessary; 

12 (V) for purposes of such time 

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

14 which testing for a medical diagnosis 

15 or care is expected to be given and the 

16 duration of such testing or care; and 

17 (VI) for purposes of such time 

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

19 time to care for someone who is not a 

20 child, a statement that care is needed 

21 for an individual described in such 

22 paragraph, and an estimate of the 

23 amount of time that such care is 

24 needed for such individual. 


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1 (iii) LIMITATION.—In issuing a cer2 tification under clause (i), a health care 

3 provider shall make reasonable efforts to 

4 limit the medical facts described in clause 

5 (ii)(III) that are disclosed in the certifi6 cation to the minimum necessary to estab7 lish a need for the domestic worker to uti8 lize paid sick time. 

9 (iv) REGULATIONS.—The Secretary 

10 shall prescribe regulations that shall speci11 fy the manner in which a domestic worker 

12 who does not have health insurance shall 

13 provide a certification for purposes of this 

14 subparagraph. 

15 (v) CONFIDENTIALITY AND NON16 DISCLOSURE.— 

17 (I) PROTECTED HEALTH INFOR18 MATION.—Nothing in this section 

19 shall be construed to require a health 

20 care provider to disclose information 

21 in violation of section 1177 of the So22 cial Security Act (42 U.S.C. 1320d–6) 

23 or the regulations promulgated pursu24 ant to section 264(c) of the Health 

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1 ability Act of 1996 (42 U.S.C. 

2 1320d–2 note). 

3 (II) HEALTH INFORMATION

4 RECORDS.—If a domestic work hiring 

5 entity possesses health information 

6 about a domestic worker or a related 

7 person described in paragraph (2)(C), 

8 such information shall— 

9 (aa) be maintained on a sep10 arate form and in a separate file 

11 from other personnel informa12 tion; 

13 (bb) be treated as a con14 fidential medical record; and 

15 (cc) not be disclosed except 

16 to the affected domestic worker 

17 or with the permission of the af18 fected domestic worker. 

19 (C) CERTIFICATION IN THE CASE OF DO20 MESTIC VIOLENCE, SEXUAL ASSAULT, OR

21 STALKING.— 

22 (i) IN GENERAL.—A domestic work 

23 hiring entity may require that a request 

24 for paid sick time under this subsection for 

25 a purpose described in paragraph (2)(D) 


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1 be supported by any one of the following 

2 forms of documentation, but the domestic 

3 work hiring entity may not specify the par4 ticular form of documentation to be pro5 vided: 

6 (I) A police report indicating that 

7 the domestic worker, or a related per8 son described in paragraph (2)(D), 

9 was a victim of domestic violence, sex10 ual assault, or stalking. 

11 (II) A court order protecting or 

12 separating the domestic worker or a 

13 related person described in paragraph 

14 (2)(D) from the perpetrator of an act 

15 of domestic violence, sexual assault, or 

16 stalking, or other evidence from the 

17 court or prosecuting attorney that the 

18 domestic worker or a related person 

19 described in paragraph (2)(D) has ap20 peared in court or is scheduled to ap21 pear in court in a proceeding related 

22 to domestic violence, sexual assault, or 

23 stalking. 

24 (III) Other documentation signed 

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1 teer) working for a victim services or2 ganization, an attorney, a police offi3 cer, a medical professional, a social 

4 worker, an antiviolence counselor, or a 

5 member of the clergy, affirming that 

6 the domestic worker or a related per7 son described in paragraph (2)(D) is 

8 a victim of domestic violence, sexual 

9 assault, or stalking. 

10 (ii) REQUIREMENTS.—The require11 ments of subparagraph (B) shall apply to 

12 certifications under this paragraph, except 

13 that— 

14 (I) subclauses (III) through (VI) 

15 of clause (ii) and clause (iii) of such 

16 subparagraph shall not apply; 

17 (II) the certification shall state 

18 the reason that the leave is required 

19 with the facts to be disclosed limited 

20 to the minimum necessary to establish 

21 a need for the domestic worker to be 

22 absent from work, and the domestic 

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1 lence, sexual assault, or stalking in2 volved; and 

3 (III) with respect to confiden4 tiality under clause (v) of such sub5 paragraph, any information provided 

6 to the domestic work hiring entity 

7 under this subparagraph shall be con8 fidential, except to the extent that any 

9 disclosure of such information is— 

10 (aa) requested or consented 

11 to in writing by the domestic 

12 worker; or 

13 (bb) otherwise required by 

14 applicable Federal or State law. 

15 (c) CONSTRUCTION AND APPLICATION.— 

16 (1) EFFECT ON OTHER LAWS.— 

17 (A) FEDERAL AND STATE ANTIDISCRIMI18 NATION LAWS.—Nothing in this section shall be 

19 construed to modify or affect any Federal or 

20 State law prohibiting discrimination on the 

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

22 (including sexual orientation and gender iden23 tity), age, disability, marital status, familial sta24 tus, or any other protected status. 


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

2 this section shall be construed to supersede (in3 cluding preempting) any provision of any State 

4 or local law that provides greater paid sick time 

5 or leave rights (including greater amounts of 

6 paid sick time or leave, or greater coverage of 

7 those eligible for paid sick time or leave) than 

8 the rights established under this section. 

9 (2) EFFECT ON EXISTING EMPLOYMENT BENE10 FITS.— 

11 (A) MORE PROTECTIVE.—Nothing in this 

12 section shall be construed to diminish the obli13 gation of a domestic work hiring entity to com14 ply with any contract, any collective bargaining 

15 agreement, or any employment benefit program 

16 or plan that provides greater paid sick leave or 

17 other leave rights to domestic workers than the 

18 rights established under this section. 

19 (B) LESS PROTECTIVE.—The rights estab20 lished for domestic workers under this section 

21 shall not be diminished by any contract, any 

22 collective bargaining agreement, or any employ23 ment benefit program or plan. 


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1 (d) EFFECTIVE DATE.—This section, other than sub2 section (b)(4)(B)(4), takes effect 2 years after the date 

3 of enactment of this Act. 

4 SEC. 112. FAIR SCHEDULING PRACTICES. 

5 (a) DEFINITION OF SCHEDULED WORK HOURS.—In 

6 this section, the term ‘‘scheduled work hours’’ means the 

7 hours on a specified day during which a domestic worker 

8 is required by a domestic work hiring entity through a 

9 schedule to perform domestic services for the entity and 

10 for which the worker will receive compensation. 

11 (b) REPORTING TIME PAY REQUIREMENT.—Subject 

12 to paragraphs (1) and (2) of subsection (d), a domestic 

13 work hiring entity shall pay a domestic worker— 

14 (1) the regular rate of pay of the domestic 

15 worker for any scheduled work hours the domestic 

16 worker does not work due to the domestic work hir17 ing entity canceling or reducing the scheduled work 

18 hours of the domestic worker after the domestic 

19 worker arrives to work for the scheduled work hours; 

20 or 

(2) at a rate of 1 21 ⁄2 of the regular rate of pay 

22 of the domestic worker for any scheduled work hours 

23 the domestic worker does not work due to the do24 mestic work hiring entity canceling or reducing the 

25 scheduled work hours of the domestic worker at a 


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•S 2112 IS

1 time that is less than 72 hours prior to the com2 mencement of such scheduled work hours, unless the 

3 domestic work hiring entity— 

4 (A) is an individual with a disability who 

5 relies on self-directed care; and 

6 (B) requests the domestic worker to con7 sent to work alternative, equivalent scheduled 

8 work hours within a 7-day period and the work9 er consents to work such alternative, equivalent 

10 hours. 

11 (c) RIGHT TO DECLINE SCHEDULE CHANGES.— 

12 (1) IN GENERAL.—Subject to subsection (d)(2), 

13 in the case of a covered domestic worker (as defined 

14 in section 110(a)), if a domestic work hiring entity 

15 wishes to include work hours in the scheduled work 

16 hours of such worker that are identified as hours in 

17 which the worker can typically expect to be sched18 uled as off from work in accordance with the written 

19 agreement under section 110(d)(1)(E)(iii)(IV), the 

20 hiring entity shall obtain the written consent of the 

21 worker to work such hours prior to the commence22 ment of such work. 

23 (2) CONSENT.—The consent required under 

24 paragraph (1) may be transmitted electronically to 

25 the domestic work hiring entity. 


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1 (d) EXCEPTIONS.— 

2 (1) IN GENERAL.—Notwithstanding any provi3 sion in this section, the requirements under sub4 section (b) shall not apply— 

5 (A) during any period in which the oper6 ations of the domestic work hiring entity cannot 

7 begin or continue due to— 

8 (i) a fire, flood, or other natural dis9 aster; 

10 (ii) a major disaster or emergency de11 clared by the President under section 401 

12 or 501, respectively, of the Robert T. Staf13 ford Disaster Relief and Emergency Assist14 ance Act (42 U.S.C. 5170, 5191) or a 

15 state of emergency declared by a Governor 

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

17 government; or 

18 (iii) a severe weather condition that 

19 poses a threat to worker safety; or 

20 (B) in a case in which— 

21 (i) the domestic worker voluntarily re22 quested in writing a change to the sched23 uled work hours of the worker; or 

24 (ii) the domestic work hiring entity 

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1 mestic worker due to a medical emergency 

2 requiring emergency medical treatment or 

3 hospitalization. 

4 (2) SHARED LIVING ARRANGEMENT.—The re5 quirements under this section shall not apply to a 

6 shared living arrangement. 

7 (e) EFFECTIVE DATE.—The requirements under this 

8 section shall take effect on the date that is 2 years after 

9 the date of enactment of this Act. 

10 SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY 

11 CHANGES TO SCHEDULED WORK HOURS DUE 

12 TO PERSONAL EVENTS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COVERED DOMESTIC WORKER.—The term 

15 ‘‘covered domestic worker’’ has the meaning given 

16 the term in section 110(a). 

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

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

19 111(a). 

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

21 event’’, with respect to a covered domestic worker, 

22 means— 

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

24 covered domestic worker to serve as a caregiver 

25 for a child or other care recipient; 


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1 (B) an event resulting from the obligation 

2 of a covered domestic worker to attend a legal 

3 proceeding or hearing for subsistence benefits, 

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

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

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

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

11 worker, or a family member or care recipient of 

12 the worker, is a party or witness; or 

13 (C) any circumstance that would constitute 

14 a basis for permissible use of safe time, or fam15 ily, medical, or sick leave, as determined based 

16 on the policy of the domestic work hiring entity. 

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

18 respect to a covered domestic worker, means an ab19 sence from work of the worker resulting from do20 mestic violence, sexual assault, or stalking, if the ab21 sence is to— 

22 (A) seek medical attention for the worker 

23 or a child, parent, spouse, or domestic partner 

24 of the worker, or an individual related to the 

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1 chological injury or disability caused by domes2 tic violence, sexual assault, or stalking; 

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

4 spouse, domestic partner, or other individual 

5 described in subparagraph (A) in obtaining, 

6 services from a victim services organization; 

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

8 spouse, domestic partner, or other individual 

9 described in subparagraph (A) in obtaining, 

10 psychological or other counseling; 

11 (D) seek relocation for the worker or a 

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

13 individual described in subparagraph (A); or 

14 (E) take legal action, including preparing 

15 for or participating in any civil or criminal legal 

16 proceeding related to or resulting from domestic 

17 violence, sexual assault, or stalking, of the 

18 worker or a child, parent, spouse, domestic 

19 partner, or other individual described in sub20 paragraph (A). 

21 (5) SCHEDULED WORK HOURS.—The term 

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

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

24 such section to the term ‘‘domestic worker’’ shall be 


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1 deemed to be a reference to the term ‘‘covered do2 mestic worker’’. 

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

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

5 given such terms in section 111(a). 

6 (7) TEMPORARY CHANGE.—The term ‘‘tem7 porary change’’, with respect to a change in the 

8 scheduled work hours of a covered domestic worker, 

9 means a limited alteration in the hours or dates 

10 that, or locations where, a worker is scheduled to 

11 work, including through using paid time off, trading 

12 or shifting work hours, or using short-term unpaid 

13 leave. 

14 (b) REQUEST.— 

15 (1) IN GENERAL.—A domestic work hiring enti16 ty shall grant a request of a covered domestic work17 er for a temporary change to the scheduled work 

18 hours of the worker due to a personal event in ac19 cordance with this subsection. 

20 (2) AMOUNT OF REQUESTS.—For each calendar 

21 year, a domestic work hiring entity shall be required, 

22 upon request of a covered domestic worker under 

23 paragraph (1), to grant the covered domestic worker 

24 not less than— 


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1 (A) 2 requests under this paragraph for a 

2 temporary change to the scheduled work hours 

3 of the worker due to a personal event covering 

4 not more than 1 business day per request; or 

5 (B) 1 request under this paragraph for a 

6 temporary change to the scheduled work hours 

7 of the worker due to a personal event covering 

8 not more than 2 business days per request. 

9 (3) NOTIFICATION OF REQUEST.— 

10 (A) IN GENERAL.—A covered domestic 

11 worker who requests a temporary change to the 

12 scheduled work hours of the worker due to a 

13 personal event under this subsection shall— 

14 (i) notify the domestic work hiring en15 tity, or direct supervisor, of such worker, 

16 as soon as the worker becomes aware of 

17 the need for the temporary change and in18 form the entity or supervisor that the 

19 change is due to a personal event; 

20 (ii) make a proposal for the temporary 

21 change to the scheduled work hours of the 

22 worker, unless the worker seeks leave with23 out pay; and 


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1 (iii) not be required to initially submit 

2 the request in writing, subject to subpara3 graph (B). 

4 (B) WRITTEN RECORD.— 

5 (i) IN GENERAL.—A covered domestic 

6 worker that requests a temporary change 

7 to the scheduled work hours of the worker 

8 under this subsection and does not initially 

9 submit a request for such change in writ10 ing shall, as soon as practicable and not 

11 later than the second business day after 

12 the worker returns to work following the 

13 conclusion of the temporary change to the 

14 scheduled work hours, submit a written 

15 record of such request indicating— 

16 (I) the date for which the change 

17 was requested; and 

18 (II) that the request was made 

19 due to a personal event. 

20 (ii) ELECTRONIC MEANS.—A domestic 

21 work hiring entity may require that a 

22 record under this subparagraph be sub23 mitted in electronic form if workers of the 

24 domestic work hiring entity commonly use 


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1 an electronic form to request and manage 

2 leave and schedule changes. 

3 (iii) WAIVER.—If a covered domestic 

4 worker fails to submit the record required 

5 under this subparagraph within the period 

6 of time required under clause (i), the do7 mestic work hiring entity shall not be re8 quired to respond in writing under sub9 section (c)(2). 

10 (c) RESPONSE.— 

11 (1) IN GENERAL.—A domestic work hiring enti12 ty who receives a request under subsection (b) for a 

13 temporary change to the scheduled work hours of a 

14 covered domestic worker due to a personal event 

15 shall respond as soon as practicable. Subject to 

16 paragraph (2), such entity shall not be required to 

17 initially respond to such request in writing. 

18 (2) WRITTEN RESPONSE.—Subject to sub19 section (b)(3)(B)(iii), a domestic work hiring entity 

20 that receives a request under subsection (b) shall, as 

21 soon as practicable, and not later than 14 days after 

22 the covered domestic worker submits the request 

23 under this subsection in writing (or submits a writ24 ten record under subsection (b)(3)(B)), provide to 

25 the covered domestic worker a written response, 


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1 which may be in electronic form if such form is eas2 ily accessible to the worker. Such written response 

3 shall include— 

4 (A) an indication of whether the domestic 

5 work hiring entity will agree to the temporary 

6 change to the scheduled work hours in the man7 ner requested by the worker, or will provide the 

8 temporary change to the scheduled work hours 

9 as leave without pay, which shall not constitute 

10 a denial of the request; 

11 (B) if the domestic work hiring entity de12 nies the request for a temporary change to the 

13 scheduled work hours, an explanation for the 

14 denial; and 

15 (C) the number of requests, and business 

16 days, under subsection (b)(2) the worker has 

17 left in the calendar year for a subsequent tem18 porary change under this subsection after tak19 ing into account the domestic work hiring enti20 ty’s decision contained in the written response. 

21 (3) DENIAL.—Notwithstanding any other provi22 sion in this section, a domestic work hiring entity 

23 may deny a request for a temporary change to the 

24 scheduled work hours of a covered domestic worker 

25 due to a personal event under this subsection only— 


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1 (A) if the covered domestic worker has al2 ready exhausted the allotted requests in the cal3 endar year under subsection (b)(2); 

4 (B) during any period in which the oper5 ations of the domestic work hiring entity cannot 

6 begin or continue due to— 

7 (i) a fire, flood, or other natural dis8 aster; 

9 (ii) a major disaster or emergency de10 clared by the President under section 401 

11 or 501, respectively, of the Robert T. Staf12 ford Disaster Relief and Emergency Assist13 ance Act (42 U.S.C. 5170, 5191) or a 

14 state of emergency declared by a Governor 

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

16 government; or 

17 (iii) a severe weather condition that 

18 poses a threat to worker safety; or 

19 (C) in a case in which the domestic work 

20 hiring entity has a medical emergency requiring 

21 emergency medical treatment or hospitalization. 

22 (d) EFFECTIVE DATE.—This section shall take effect 

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

24 of this Act. 


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1 SEC. 114. PRIVACY. 

2 (a) IN GENERAL.—A domestic work hiring entity 

3 shall not— 

4 (1) monitor or record a domestic worker while 

5 such domestic worker is— 

6 (A) using restroom or bathing facilities; 

7 (B) in the private living quarters of the 

8 worker; or 

9 (C) engaging in any activities associated 

10 with the dressing, undressing, or changing of 

11 clothes of the worker; 

12 (2) subject to subsection (b), restrict or inter13 fere with, or monitor, the private communications of 

14 such domestic worker; or 

15 (3) take possession of any documents or other 

16 personal effects of such domestic worker. 

17 (b) PRIVATE COMMUNICATIONS.—A domestic work 

18 hiring entity may— 

19 (1) restrict, interfere with, or monitor the pri20 vate communications of a domestic worker if the do21 mestic work hiring entity has a reasonable belief 

22 that such communications significantly interfere 

23 with the domestic worker’s performance of expected 

24 duties; and 


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1 (2) establish reasonable restrictions on the pri2 vate communications of a domestic worker while 

3 such worker is performing work for the hiring entity. 

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

5 not preclude liability under any other law. 

6 (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In 

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

8 any communication through telephone or internet services, 

9 including sending and receiving communications by text 

10 message, social media, electronic mail, and telephone. 

11 SEC. 115. BREAKS FOR MEALS AND REST. 

12 (a) MEAL BREAKS.— 

13 (1) IN GENERAL.—Except as provided in sub14 section (c), a domestic work hiring entity shall not 

15 require a domestic worker to work more than 5 

16 hours for such hiring entity without an uninter17 rupted meal break of not less than 30 minutes. 

18 (2) RATE OF PAY.—A domestic work hiring en19 tity shall pay a domestic worker for a meal break 

20 under paragraph (1) at the regular rate of pay of 

21 the domestic worker unless the domestic worker is 

22 relieved of all duty for not less than 30 minutes dur23 ing the meal break and the domestic worker is per24 mitted to leave the work site during such break. 


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

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

3 under paragraph (2), a domestic work hiring enti4 ty— 

5 (A) shall provide a reasonable opportunity 

6 for a domestic worker to take such break for a 

7 period of uninterrupted time that is not less 

8 than 30 minutes; and 

9 (B) shall not impede or discourage a do10 mestic worker from taking such meal break. 

11 (b) REST BREAKS.— 

12 (1) IN GENERAL.—Except as provided in sub13 section (c), for every 4 hours of work that a domes14 tic worker is scheduled to perform for a domestic 

15 work hiring entity, the entity shall allow the worker 

16 a rest break of not less than 10 uninterrupted min17 utes in which the domestic worker is relieved of all 

18 duties related to providing domestic services to the 

19 domestic work hiring entity. The domestic work hir20 ing entity shall allow such rest break to occur during 

21 the first 3 hours of consecutive work performed by 

22 the worker for the entity. 

23 (2) RATE OF PAY.—A domestic work hiring en24 tity shall pay a domestic worker for the times spent 

25 by the worker for a rest break under paragraph (1) 


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1 at the regular rate of pay of the worker. The hiring 

2 entity shall not impede or discourage a domestic 

3 worker from taking such break. 

4 (c) EXCEPTIONS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), a 

6 domestic worker may not have the right to a meal 

7 break under subsection (a), or a rest break under 

8 subsection (b), in a case in which the safety of an 

9 individual under the care of the domestic worker 

10 prevents the domestic worker from taking such 

11 break. 

12 (2) ON-DUTY BREAKS.— 

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

14 subsection, the term ‘‘on-duty’’, with respect to 

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

16 break under subsection (b), means such a break 

17 in which the domestic worker— 

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

19 worker for the domestic work hiring entity; 

20 and 

21 (ii) may, to the extent possible given 

22 the duties of the domestic worker for the 

23 domestic work hiring entity, engage in per24 sonal activities, such as resting, eating a 

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1 sonal telephone call, or making other per2 sonal choices. 

3 (B) AUTHORIZATION.— 

4 (i) IN GENERAL.—In a case described 

5 in paragraph (1), the domestic worker may 

6 still take an on-duty meal or rest break 

7 under subsection (a) or (b), respectively, 

8 if— 

9 (I) the nature of the work pre10 vents a domestic worker from being 

11 relieved of all duties required of the 

12 domestic worker for the domestic 

13 work hiring entity; and 

14 (II) the domestic worker and the 

15 domestic work hiring entity agree to 

16 such an on-duty meal or rest break in 

17 a written agreement described in 

18 clause (ii). 

19 (ii) WRITTEN AGREEMENT.—The 

20 written agreement under clause (i)(II) 

21 shall include a provision allowing the do22 mestic worker to, in writing, revoke the 

23 agreement at any time. 

24 (C) RATE OF PAY.—A domestic work hir25 ing entity shall compensate a domestic worker 


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1 for the time of an on-duty meal or rest break 

2 under this paragraph at the regular rate of pay 

3 of the worker for the entity. 

4 (3) SHARED LIVING ARRANGEMENT.—The re5 quirements under this section shall not apply in the 

6 case of a shared living arrangement. 

7 SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT8 AGES, BREAKAGES, LOSS, OR MODES OF COM9 MUNICATION. 

10 (a) IN GENERAL.— 

11 (1) REQUIREMENT.—Except as provided in 

12 paragraph (2), no domestic work hiring entity shall 

13 make any deduction from the wage of or require any 

14 reimbursement from a domestic worker for— 

15 (A) any cash shortage of the domestic 

16 work hiring entity; or 

17 (B) breakage or loss of the entity’s equip18 ment or other belongings. 

19 (2) EXCEPTION.—A domestic work hiring entity 

20 may deduct from the wage of, or require reimburse21 ment from, a domestic worker described in para22 graph (1) if the entity can show that a shortage, 

23 breakage, or loss described in paragraph (1) was 

24 caused by a dishonest or willful act of the domestic 

25 worker. 


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1 (b) COMMUNICATIONS.—No domestic work hiring en2 tity shall make any deduction from the wage of, or other3 wise penalize, a domestic worker for communicating with 

4 a consumer of domestic services directly as opposed to 

5 communicating through an application or other messaging 

6 service provided by an on-demand platform or otherwise 

7 required by the domestic work hiring entity. 

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

9 violation of subsection (a)(1) or (b) shall be deemed an 

10 unpaid wage for purposes of enforcement under section 

11 118, and the domestic worker shall have the right to re12 cover such wage in accordance with such section. 

13 SEC. 117. PROHIBITED ACTS. 

14 (a) INTERFERENCE WITH RIGHTS.—It shall be un15 lawful for any person to interfere with, restrain, or deny 

16 the exercise of, or the attempt to exercise, any right pro17 vided under this subtitle, including— 

18 (1) discharging or in any manner discrimi19 nating against (including retaliating against) any 

20 domestic worker for exercising, or attempting to ex21 ercise, any right provided under this subtitle; or 

22 (2) discriminating against any domestic worker 

23 by using the exercise of a right provided under this 

24 subtitle as a negative factor in an employment ac25 tion, such as an action involving hiring, promotion, 


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1 or changing work hours or number of shifts, or a 

2 disciplinary action. 

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

4 for any domestic work hiring entity to discharge, demote, 

5 suspend, reduce the work hours of, take any other adverse 

6 employment action against, threaten to take an adverse 

7 employment action against, or in any other manner dis8 criminate against a domestic worker with respect to com9 pensation, terms, conditions, or privileges of employment 

10 because the domestic worker, whether at the initiative of 

11 the domestic worker or in the ordinary course of the do12 mestic worker’s duties (or any person acting pursuant to 

13 the request of the domestic worker) for— 

14 (1) opposing any practice made unlawful under 

15 this subtitle; 

16 (2) asserting any claim or right under this sub17 title; 

18 (3) assisting a domestic worker in asserting 

19 such claim or right; 

20 (4) informing any domestic worker about this 

21 subtitle; 

22 (5) requesting a change to the written agree23 ment or scheduled work hours described in section 

24 110 or 112, respectively; 


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1 (6) participating as a member of, or taking an 

2 action described in paragraph (7) with respect to, 

3 the Domestic Worker Wage and Standards Board 

4 described in section 201; and 

5 (7)(A) filing an action, or instituting or causing 

6 to be instituted any proceeding, under or related to 

7 this subtitle; 

8 (B) giving, or being about to give, any informa9 tion in connection with any inquiry or proceeding re10 lating to any right provided under this subtitle; or 

11 (C) testifying, or being about to testify, in any 

12 inquiry or proceeding relating to any right provided 

13 under this subtitle. 

14 (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI15 NATION.—For purposes of subsections (a) and (b), dis16 crimination with respect to compensation, terms, condi17 tions, or privileges of employment occurs if a person un18 dertakes any of the following activities (unless such activ19 ity is legal conduct undertaken at the express and specific 

20 direction or request of the Federal Government): 

21 (1) Reporting, or threatening to report, the citi22 zenship or immigration status of a domestic worker, 

23 or the suspected citizenship or immigration status of 

24 a family member of such an individual, to a Federal, 

25 State, or local agency. 


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1 (2) Requesting more or different documents 

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

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

4 1324a(b)), or refusing to honor documents that on 

5 their face appear to be genuine. 

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

7 employment status in a manner not required under 

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

9 Act (8 U.S.C. 1324a(b)) or any memorandum gov10 erning use of the E-Verify system. 

11 (4) Filing, or threatening to file, a false police 

12 report relating to the immigration status of a do13 mestic worker, or a family member of a domestic 

14 worker. 

15 (5) Contacting, or threatening to contact, immi16 gration authorities relating to the immigration sta17 tus of a domestic worker, or a family member of a 

18 domestic worker. 

19 (d) PRESUMPTION OF RETALIATION.— 

20 (1) IN GENERAL.—For the purposes of sub21 sections (a) and (b), proof that a person discharged 

22 an individual, or discriminated against an individual 

23 with respect to compensation, terms, conditions, or 

24 privileges of employment, within 90 days of the indi25 vidual involved asserting any claim or right under 


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1 this subtitle, or assisting any other individual in as2 serting such a claim or right, shall raise a presump3 tion that the discharge or discrimination was in re4 taliation as prohibited under subsection (a) or (b), 

5 as the case may be. 

6 (2) REBUTTAL.—The presumption under para7 graph (1) may be rebutted by clear and convincing 

8 evidence that such discharge or discrimination was 

9 taken for another permissible reason. 

10 SEC. 118. ENFORCEMENT AUTHORITY. 

11 (a) IN GENERAL.— 

12 (1) APPLICATION.—In this subsection— 

13 (A) the term ‘‘domestic worker’’ means a 

14 domestic worker described in subsection 

15 (e)(1)(A); and 

16 (B) the term ‘‘domestic work hiring enti17 ty’’ means a domestic work hiring entity de18 scribed in subsection (e)(2)(A). 

19 (2) INVESTIGATIVE AUTHORITY.— 

20 (A) IN GENERAL.—To ensure compliance 

21 with the provisions of this subtitle, or any regu22 lation or order issued under this subtitle, the 

23 Secretary shall have the investigative authority 

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

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


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1 with respect to hiring entities, domestic work2 ers, and other individuals affected. 

3 (B) OBLIGATION TO KEEP AND PRESERVE

4 RECORDS.—A domestic work hiring entity shall 

5 make, keep, and preserve records pertaining to 

6 compliance with this subtitle in accordance with 

7 section 11(c) of the Fair Labor Standards Act 

8 of 1938 (29 U.S.C. 211(c)) and in accordance 

9 with regulations prescribed by the Secretary. 

10 (C) REQUIRED SUBMISSIONS GENERALLY

11 LIMITED TO AN ANNUAL BASIS.—The Secretary 

12 shall not require under this paragraph a domes13 tic work hiring entity to submit to the Sec14 retary any books or records more than once 

15 during any 12-month period, unless the Sec16 retary— 

17 (i) has reasonable cause to believe 

18 there may exist a violation of this subtitle, 

19 including any regulation or order issued 

20 under this subtitle; or 

21 (ii) is investigating a charge under 

22 paragraph (4). 

23 (D) SUBPOENA AUTHORITY.—For the pur24 poses of any investigation under this paragraph, 

25 the Secretary shall have the subpoena authority 


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1 provided under section 9 of the Fair Labor 

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

3 (3) CIVIL ACTION BY DOMESTIC WORKERS.— 

4 (A) RIGHT OF ACTION.—An action to re5 cover the damages or equitable relief prescribed 

6 in subparagraph (B) may be maintained 

7 against a domestic work hiring entity by one or 

8 more domestic workers, or a representative for 

9 and on behalf of the domestic workers and any 

10 other domestic workers that may be similarly 

11 situated. 

12 (B) LIABILITY.—A domestic work hiring 

13 entity that violates this subtitle shall be liable 

14 to a domestic worker aggrieved by the violation, 

15 except as provided in subparagraphs (C) and 

16 (D) for— 

17 (i) damages equal to— 

18 (I) the amount of— 

19 (aa) any wages, salary, em20 ployment benefits, or other com21 pensation denied or lost by rea22 son of the violation; or 

23 (bb) in a case in which 

24 wages, salary, employment bene25 fits, or other compensation have 


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•S 2112 IS

1 not been denied or lost, any ac2 tual monetary losses sustained, 

3 or the costs reasonably related to 

4 damage to or loss of property, or 

5 any other injury to the person, 

6 reputation, character, or feelings, 

7 sustained by a domestic worker 

8 as a direct result of the violation, 

9 or any injury to another person 

10 sustained as a direct result of the 

11 violation, by the domestic work 

12 hiring entity; 

13 (II) the interest on the amount 

14 described in subclause (I) calculated 

15 at the prevailing rate; 

16 (III) an additional amount as liq17 uidated damages; and 

18 (IV) such other legal relief as 

19 may be appropriate; 

20 (ii) such equitable relief as may be ap21 propriate, including employment, reinstate22 ment, and promotion; and 

23 (iii) a reasonable attorney’s fee, rea24 sonable expert witness fees, and other costs 

25 of the action. 


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

2 of a violation of section 115, the domestic work 

3 hiring entity involved shall be liable under sub4 paragraph (B)— 

5 (i) for the amount of damages de6 scribed in subclauses (I), (II), and (III) of 

7 subparagraph (B)(i); and 

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

9 for each such violation, for an amount 

10 equal to 1 hour of pay at the domestic 

11 worker’s regular rate of compensation (but 

12 not more than 2 hours of such pay for 

13 each workday for which the domestic work 

14 hiring entity is in violation of such sec15 tion). 

16 (D) WRITTEN AGREEMENTS.—In the case 

17 of a violation of section 110, the domestic work 

18 hiring entity involved shall be liable, under sub19 paragraph (B)(i)(I), for an amount equal to 

20 $5,000. 

21 (E) VENUE.—An action under this para22 graph may be maintained in any Federal or 

23 State court of competent jurisdiction. 

24 (4) ACTION BY THE SECRETARY.— 

25 (A) ADMINISTRATIVE ACTION.— 


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1 (i) IN GENERAL.—Subject to clause 

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

3 paragraph (3), the Secretary shall receive, 

4 investigate, and attempt to resolve com5 plaints of violations of this subtitle in the 

6 same manner that the Secretary receives, 

7 investigates, and attempts to resolve com8 plaints of violations of sections 6, 7, and 

9 15(a)(3) of the Fair Labor Standards Act 

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

11 215(a)(3)), including the Secretary’s au12 thority to supervise payment of wages and 

13 compensation under section 16(c) of the 

14 Fair Labor Standards Act of 1938 (29 

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

16 (ii) VIOLATIONS GENERALLY.—The 

17 Secretary may assess a civil penalty 

18 against a domestic work hiring entity that 

19 violates any section of this subtitle— 

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

21 any first violation of any such section 

22 by such domestic work hiring entity; 

23 and 

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

25 for any subsequent violation of any 


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1 such section by such domestic work 

2 hiring entity. 

3 (B) ADMINISTRATIVE REVIEW.—Any ag4 grieved dislocated worker who takes exception 

5 to an order issued by the Secretary under sub6 paragraph (A) may request review of and a de7 cision regarding such order by an administra8 tive law judge. In reviewing the order, the ad9 ministrative law judge may hold an administra10 tive hearing concerning the order, in accordance 

11 with the requirements of sections 554, 556, and 

12 557 of title 5, United States Code. Such hear13 ing shall be conducted expeditiously. If no ag14 grieved dislocated worker requests such review 

15 within 60 days after the order is issued under 

16 subparagraph (A), the order shall be considered 

17 to be a final order that is not subject to judicial 

18 review. 

19 (C) CIVIL ACTION.—The Secretary may 

20 bring an action in any court of competent juris21 diction to recover amounts described in para22 graph (3)(B) on behalf of a domestic worker 

23 aggrieved by a violation of this subtitle. 

24 (D) SUMS RECOVERED.— 


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1 (i) IN GENERAL.—Any sums recovered 

2 by the Secretary under subparagraph (C) 

3 shall be held in a special deposit account 

4 and shall be paid, on order of the Sec5 retary, directly to each domestic worker 

6 aggrieved by the violation for which the ac7 tion was brought. Any such sums not paid 

8 to a domestic worker because of inability 

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

10 deposited into the Treasury of the United 

11 States as a miscellaneous receipt. 

12 (ii) CIVIL PENALTY.—Any sums re13 covered by the Secretary under subpara14 graph (A)(ii) shall be deposited into the 

15 general fund of the Treasury of the United 

16 States as a miscellaneous receipt. 

17 (5) LIMITATION.— 

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

19 subparagraph (B), an action may be brought 

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

21 2 years after the date of the last event consti22 tuting the alleged violation for which the action 

23 is brought. 

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

25 an action brought for a willful violation of this 


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1 subtitle, such action may be brought not later 

2 than 3 years after the date of the last event 

3 constituting the alleged violation for which such 

4 action is brought. 

5 (C) COMMENCEMENT.—An action shall be 

6 considered commenced under paragraph (3), 

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

8 on the date on which the complaint is filed 

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

10 (6) ACTION FOR INJUNCTION.—The district 

11 courts of the United States together with the Dis12 trict Court of the Virgin Islands and the District 

13 Court of Guam shall have jurisdiction, for cause 

14 shown, in an action brought by a domestic worker 

15 or the Secretary— 

16 (A) to restrain violations of this subtitle, 

17 including the withholding of a written agree18 ment from a domestic worker as required under 

19 section 110, or of any withholding of payment 

20 of wages, salary, employment benefits, or other 

21 compensation, plus interest, found by the court 

22 to be due to a domestic worker under this sub23 title; or 

24 (B) to award such other equitable relief as 

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1 instatement, and promotion, for a violation of 

2 this subtitle. 

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

4 Labor may appear for and represent the Secretary 

5 on any litigation brought under paragraph (4) or 

6 (6). 

7 (8) GOVERNMENT ACCOUNTABILITY OFFICE

8 AND LIBRARY OF CONGRESS.—Notwithstanding any 

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

10 Government Accountability Office and the Library of 

11 Congress, the authority of the Secretary of Labor 

12 under this subsection shall be exercised respectively 

13 by the Comptroller General of the United States and 

14 the Librarian of Congress. 

15 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC16 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

17 procedures provided in the Congressional Accountability 

18 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de19 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

23 person, alleging an unlawful employment practice in viola24 tion of this subtitle against a domestic worker described 

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


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1 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

2 3, UNITED STATES CODE.—The powers, remedies, and 

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

4 Code, to the President, the Merit Systems Protection 

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

6 412(a)(1) of that title, shall be the powers, remedies, and 

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

8 or any person, respectively, alleging an unlawful employ9 ment practice in violation of this subtitle against a domes10 tic worker described in subsection (e)(1)(C). 

11 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

12 5, UNITED STATES CODE.—The powers, remedies, and 

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

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

15 the Merit Systems Protection Board, or provided in that 

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

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

18 this Act provides to that agency, that Board, or any per19 son, respectively, alleging an unlawful employment prac20 tice in violation of this subtitle against a domestic worker 

21 described in subsection (e)(1)(D). 

22 (e) DEFINITION.—In section 117 and this section, ex23 cept as otherwise provided in this subsection: 


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1 (1) DOMESTIC WORKER.—Notwithstanding sec2 tion 3, the term ‘‘domestic worker’’ means a domes3 tic worker— 

4 (A) as defined in section 3(b)(6) except 

5 that a reference in that section to an individual 

6 or employee shall be considered to be a ref7 erence to an individual compensated for services 

8 provided to an entity described in paragraph 

9 (2)(A); 

10 (B) as defined in section 3(b)(6) except 

11 that a reference in that section to an individual 

12 or employee shall be considered to be a ref13 erence to an individual compensated for services 

14 provided to an entity described in paragraph 

15 (2)(B); 

16 (C) as defined in section 3(b)(6) except 

17 that a reference in that section to an individual 

18 or employee shall be considered to be a ref19 erence to an individual compensated for services 

20 provided to an entity described in paragraph 

21 (2)(C); and 

22 (D) as defined in section 3(b)(6) except 

23 that a reference in that section to an individual 

24 or employee shall be considered to be a ref25 erence to an individual compensated for services 


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1 provided to an entity described in paragraph 

2 (2)(D). 

3 (2) DOMESTIC WORK HIRING ENTITY.—Not4 withstanding section 3, the term ‘‘domestic work hir5 ing entity’’ means a domestic work hiring entity— 

6 (A) as defined in section 3(b)(7) except 

7 that a reference in that section to a person or 

8 employer shall be considered to be a reference 

9 to an employer described in clause (i) or (ii) of 

10 subparagraph (A), and subparagraph (B), of 

11 paragraph (3); 

12 (B) as defined in section 3(b)(7) except 

13 that a reference in that section to a person or 

14 employer shall be considered to be a reference 

15 to an employer described in subparagraphs 

16 (A)(iii) and (B) of paragraph (3); 

17 (C) as defined in section 3(b)(7) except 

18 that a reference in that section to a person or 

19 employer shall be considered to be a reference 

20 to an employer described in subparagraphs 

21 (A)(iv) and (B) of paragraph (3); and 

22 (D) as defined in section 3(b)(7) except 

23 that a reference in that section to a person or 

24 employer shall be considered to be a reference 


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1 to an employer described in subparagraphs 

2 (A)(v) and (B) of paragraph (3)(A). 

3 (3) EMPLOYER.—Notwithstanding section 3, 

4 for purposes of paragraph (2), the term ‘‘employer’’ 

5 means a person who is— 

6 (A)(i) an employer, as defined in section 

7 3(a), who is not covered under another clause 

8 of this subparagraph; 

9 (ii) an entity employing a State employee 

10 described in section 304(a) of the Government 

11 Employee Rights Act of 1991; 

12 (iii) an employing office, as defined in sec13 tion 101 of the Congressional Accountability 

14 Act of 1995; 

15 (iv) an employing office, as defined in sec16 tion 411(c) of title 3, United States Code; or 

17 (v) an employing agency covered under 

18 subchapter V of chapter 63 of title 5, United 

19 States Code; and 

20 (B) an enterprise engaged in commerce or 

21 in the production of goods for commerce. 

22 (4) EMPLOYMENT.—Notwithstanding section 3, 

23 the term ‘‘employment’’ includes service as a domes24 tic worker. 


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1 SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS 

2 AND OTHER LAWS. 

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

4 (1) supersede a provision in a collective bar5 gaining agreement; or 

6 (2) be construed to diminish the obligation of a 

7 domestic work hiring entity to comply with any con8 tract, collective bargaining agreement, or employ9 ment benefit program or plan that provides greater 

10 rights or benefits to domestic workers than the 

11 rights established under this Act. 

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

13 (1) affect the obligation of a domestic work hir14 ing entity to provide a reasonable accommodation in 

15 the form of a change to the work schedule of a do16 mestic worker required under any other law, or to 

17 otherwise comply with any other law; 

18 (2) preempt, limit, or otherwise affect the appli19 cability of any State or local law that provides com20 parable or superior benefits for domestic workers to 

21 the requirements under this subtitle; or 

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

23 of any domestic worker under any Federal or State 

24 law or under any collective bargaining agreement. 

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

26 subtitle may not be waived by a domestic worker through 


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1 any agreement, policy, or form, or as a condition of em2 ployment. 

3 Subtitle C—Domestic Worker 

4 Health and Safety 

5 SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE. 

6 (a) IN GENERAL.—The Secretary shall award a 

7 grant, on a competitive basis, to an entity eligible under 

8 subsection (b), for a national hotline that domestic work9 ers may call to report emergencies, seek emergency serv10 ices, or seek support or guidance in lieu of emergency serv11 ices. 

12 (b) ELIGIBILITY.—In order to be eligible to receive 

13 a grant under subsection (a), an entity shall— 

14 (1) be an entity described in paragraph (3), (5), 

15 or (6) of section 501(c) of the Internal Revenue 

16 Code of 1986 and exempt from taxation under sec17 tion 501(a) of such Code; 

18 (2) have a demonstrated expertise in and expe19 rience with domestic workers; 

20 (3) employ or otherwise engage domestic work21 ers in the performance of domestic services; 

22 (4) have a leadership or board structure that 

23 includes domestic workers; and 

24 (5) comply with any other criteria established 

25 by the Secretary for purposes of this section. 


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1 SEC. 122. ACCESS TO HEALTH AND SAFETY. 

2 (a) STANDARD FOR DOMESTIC WORKERS.— 

3 (1) STANDARD.— 

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

5 after the date of enactment of this Act, the 

6 Consumer Product Safety Commission shall, to 

7 improve the health and safety of domestic work8 ers that clean private homes, promulgate a con9 sumer product safety standard under section 7 

10 of the Consumer Product Safety Act (15 U.S.C. 

11 2056) to require manufacturers of household 

12 cleaning supplies to— 

13 (i) make safety data sheets for any 

14 household cleaning supply that contains a 

15 hazardous chemical available on the 

16 website of the manufacturer in a manner 

17 that ensures such safety data sheets are 

18 easily accessed via the name of the specific 

19 product line; 

20 (ii) translate such safety data sheets 

21 into multiple languages, including all lan22 guages in which the Secretary, acting 

23 through the Administrator of the Wage 

24 and Hour Division, translates the basic in25 formation fact sheet published by the Ad26 ministrator; and 


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1 (iii) create and provide, for use on 

2 small secondary containers, small labels 

3 with the name of the product and its ingre4 dients as listed on the safety data sheet. 

5 (B) CIVIL PENALTY.—Notwithstanding 

6 section 20 of the Consumer Product Safety Act 

7 (15 U.S.C. 2069), or any other provision of 

8 that Act, any person that knowingly violates the 

9 requirements of the standard promulgated 

10 under subparagraph (A) shall be subject to a 

11 civil penalty not to exceed $500 for each viola12 tion. 

13 (2) EDUCATIONAL MATERIALS FOR WORK14 ERS.—The Consumer Product Safety Commission 

15 shall produce educational materials for consumers 

16 and domestic workers regarding requirements for 

17 safety data sheets and translate such materials into 

18 multiple languages, including all languages described 

19 in paragraph (1)(A)(ii). 

20 (3) DEFINITIONS.—In this subsection: 

21 (A) HAZARDOUS CHEMICAL.—The term 

22 ‘‘hazardous chemical’’ has the meaning given 

23 such term in section 1910.1200(c) of title 29, 

24 Code of Federal Regulations, or a successor 

25 regulation. 


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1 (B) HOUSEHOLD CLEANING SUPPLY.—The 

2 term ‘‘household cleaning supply’’— 

3 (i) means any product, including a 

4 soap or detergent containing a surfactant 

5 as a wetting or dirt emulsifying agent, that 

6 is used primarily for domestic or commer7 cial cleaning purposes, including the 

8 cleansing of fabrics, dishes, food utensils, 

9 and household and commercial premises; 

10 and 

11 (ii) does not include— 

12 (I) food, drugs, or cosmetics, in13 cluding personal care items such as 

14 toothpaste, shampoo, or hand soap; or 

15 (II) products labeled, advertised, 

16 marketed, or distributed for use pri17 marily as a pesticide subject to the 

18 Federal Insecticide, Fungicide, and 

19 Rodenticide Act (7 U.S.C. 136 et 

20 seq.). 

21 (C) SAFETY DATA SHEETS.—The term 

22 ‘‘safety data sheets’’ means the safety data 

23 sheets required under section 1910.1200 of title 

24 29, Code of Federal Regulations, or a successor 

25 regulation. 


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1 (b) NIOSH EDUCATIONAL MATERIALS.—Not later 

2 than 1 year after the date of enactment of this Act, the 

3 Director of the National Institute for Occupational Safety 

4 and Health shall develop and publish educational mate5 rials on protecting the health and safety of domestic work6 ers who provide child care or cleaning services. 

7 SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING 

8 GRANTS. 

9 The Secretary shall, in awarding Susan Harwood 

10 training grants under the Occupational Safety and Health 

11 Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards 

12 facing domestic workers are included as a topic for train13 ing in any announcement for such grants issued after the 

14 date of enactment of this Act. 

15 SEC. 124. STUDY OF ACCESS TO WORKERS’ COMPENSATION. 

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

17 study on the coverage of domestic workers under State 

18 workers’ compensation laws. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall publish a re21 port on— 

22 (1) the findings of the study conducted under 

23 subsection (a); and 

24 (2) recommendations to improve access of do25 mestic workers to workers’ compensation. 


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1 SEC. 125. WORKPLACE HARASSMENT SURVIVOR SUPPORTS 

2 STUDY. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall submit a report, to the Inter6 agency Task Force on Domestic Workers Bill of Rights 

7 Enforcement established under section 303(a) and Con8 gress, on ways to expedite public support to ensure that 

9 survivors of workplace harassment in low-wage, vulner10 able, and marginalized sectors, such as the domestic serv11 ice sector, can access support for any of the following: 

12 (1) Housing services. 

13 (2) Health care services, including mental 

14 health services. 

15 (3) Counseling services. 

16 (4) Workers’ compensation. 

17 (5) Unemployment insurance. 

18 (6) Disability benefits. 

19 (7) Transportation stipends. 

20 (8) Any other support determined appropriate 

21 by the Secretary. 

22 (b) RECOMMENDATIONS.—The report required under 

23 subsection (a) shall— 

24 (1) include specific recommendations for each 

25 type of support listed in paragraphs (1) through (8) 

26 of such subsection; and 


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1 (2) take into account that support is needed re2 gardless of immigration or citizenship status. 

3 Subtitle D—Amendment to Title 

4 VII of Civil Rights Act of 1964 

5 SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN 

6 CIVIL RIGHTS PROTECTIONS AGAINST DIS7 CRIMINATION IN EMPLOYMENT. 

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

9 U.S.C. 2000e(b)) is amended by striking ‘‘fifteen’’ and in10 serting ‘‘one’’. 

11 TITLE II—ORGANIZING, BENE12 FITS, AND WORKFORCE IN13 VESTMENT 

14 SEC. 201. DOMESTIC WORKER WAGE AND STANDARDS 

15 BOARD. 

16 (a) ESTABLISHMENT AND PURPOSES.—The Sec17 retary shall establish a board to be known as the ‘‘Domes18 tic Worker Wage and Standards Board’’ (referred to in 

19 this section as the ‘‘Board’’) to investigate standards in 

20 the domestic workers industry, and issue recommenda21 tions to the Secretary under subsection (e)(1), in order 

22 to— 

23 (1) promote the health, safety, and well-being of 

24 domestic workers; and 

25 (2) achieve a living wage for domestic workers. 


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1 (b) MEMBERSHIP.— 

2 (1) COMPOSITION.—The Board shall be com3 posed of 11 members, of which— 

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

5 Secretary in accordance with paragraph (2), 

6 representing domestic workers; 

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

8 Secretary in accordance with paragraph (3), 

9 representing domestic work hiring entities; and 

10 (C) 1 member shall be the Secretary, or a 

11 designee of the Secretary. 

12 (2) DOMESTIC WORKERS SEATS.— 

13 (A) IN GENERAL.—The Secretary shall ap14 point members of the Board representing do15 mestic workers from among individuals nomi16 nated under subparagraph (B) by eligible work17 er organizations. 

18 (B) SELECTION OF ELIGIBLE WORKER OR19 GANIZATIONS.—The Secretary shall enter into 

20 agreements on a competitive basis with eligible 

21 worker organizations for such organizations to 

22 nominate individuals to serve as members of the 

23 Board representing domestic workers. 

24 (C) SELECTING INDIVIDUALS ON THE

25 BOARD.—For each individual nominated under 


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1 subparagraph (B), the Secretary shall submit a 

2 report to Congress indicating whether the Sec3 retary has decided to appoint the individual to 

4 the Board and the reasons for such decision. 

5 (D) DEFINITION OF ELIGIBLE WORKER

6 ORGANIZATION.—In this paragraph, the term 

7 ‘‘eligible worker organization’’ means an organi8 zation that— 

9 (i) is not a hiring entity or employ10 ment agency; 

11 (ii) represents members of the organi12 zation, including domestic workers; 

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

14 (4), (5), or (6) of section 501(c) of the In15 ternal Revenue Code of 1986, and exempt 

16 from taxation under section 501(a) of such 

17 Code; and 

18 (II) is organized and operated for the 

19 betterment of workers, including domestic 

20 workers; 

21 (iv) engages in public advocacy to pro22 mote the health and well-being of domestic 

23 workers; 


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1 (v) has a governing structure that 

2 promotes the decision-making power of do3 mestic workers; and 

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

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

8 (3) DOMESTIC WORK HIRING ENTITY SEATS.— 

9 (A) IN GENERAL.—The Secretary shall ap10 point members of the Board representing do11 mestic work hiring entities from among individ12 uals nominated by eligible hiring organizations 

13 under subparagraph (B). 

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

16 agreements on a competitive basis with eligible 

17 hiring organizations for such organizations to 

18 nominate individuals to serve as members of the 

19 Board representing domestic work hiring enti20 ties. 

21 (C) SELECTING INDIVIDUALS ON THE

22 BOARD.— 

23 (i) IN GENERAL.—For each individual 

24 nominated under subparagraph (B), the 

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1 gress indicating whether the Secretary has 

2 decided to appoint the individual to the 

3 Board and the reasons for such decision. 

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

6 that— 

7 (I) not less than 2 seats under 

8 this paragraph are filled by an indi9 vidual who contracts with, or hires, 1 

10 domestic worker to work in the resi11 dence of the individual; 

12 (II) not less than 1 seat under 

13 this paragraph is filled by a nomina14 tion from an eligible hiring organiza15 tion that is dedicated to the well-being 

16 of domestic workers; 

17 (III) not less than 1 seat under 

18 this paragraph is filled by an indi19 vidual who relies on a personal or 

20 home care aide financed through a 

21 State Medicaid program under title 

22 XIX of the Social Security Act (42 

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


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1 (IV) not less than 1 seat under 

2 this paragraph is filled by an indi3 vidual who— 

4 (aa) is an adult family mem5 ber of a functionally disabled el6 derly individual, or an individual 

7 with a disability; 

8 (bb) is an informal provider 

9 of in-home care to such function10 ally disabled elderly individual or 

11 individual with a disability; and 

12 (cc) contracts with, or hires, 

13 1 or more domestic workers to 

14 provide additional care for the 

15 functionally disabled elderly indi16 vidual or individual with a dis17 ability; 

18 (V) a single domestic work hiring 

19 entity does not fill more than 1 seat 

20 under this paragraph; and 

21 (VI) any domestic work hiring 

22 entity serving on the Board satisfies 

23 the requirements under clause (iii). 

24 (iii) DISCLOSURE OF LABOR VIOLA25 TIONS.— 


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1 (I) IN GENERAL.—The Secretary 

2 shall require that each domestic work 

3 hiring entity that serves on the Board 

4 disclose to the Secretary, with respect 

5 to the preceding 5-year period— 

6 (aa) any administrative mer7 its determination, arbitral award 

8 or decision, or civil judgment, as 

9 determined by the Secretary, ren10 dered against the entity for a vio11 lation of the labor laws listed in 

12 subclause (II); and 

13 (bb) any steps taken by the 

14 entity to correct a violation of or 

15 improve compliance with such 

16 labor laws, including any agree17 ment entered into with an en18 forcement agency. 

19 (II) LABOR LAWS.—The labor 

20 laws described in this subclause are 

21 each of the following: 

22 (aa) The Fair Labor Stand23 ards Act of 1938 (29 U.S.C. 201 

24 et seq.). 


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1 (bb) Title VII of the Civil 

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

3 2000e et seq.). 

4 (cc) The Occupational Safe5 ty and Health Act of 1970 (29 

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

7 (III) RESPONSIBLE SOURCE.— 

8 The Secretary shall consider informa9 tion disclosed by a domestic work hir10 ing entity under this clause to deter11 mine whether the entity has a satis12 factory record of integrity and busi13 ness ethics for purposes of deter14 mining whether the entity shall serve 

15 on the Board. 

16 (D) DEFINITION OF ELIGIBLE HIRING OR17 GANIZATION.—In this paragraph, the term ‘‘eli18 gible hiring organization’’ means an organiza19 tion that— 

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

21 more domestic workers; or 

22 (II) is an association of 2 or more in23 dividuals who hire or contract with domes24 tic workers; and 


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1 (ii) submits an application to the Sec2 retary at such time, in such manner, and 

3 containing such information as the Sec4 retary may reasonably require. 

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

6 Chairperson from among the members of the Board. 

7 (5) EXECUTIVE COMMITTEE.—The Chairperson 

8 shall assign an executive committee of 3 members of 

9 the Board, including not less than 1 representative 

10 appointed under paragraph (2) and 1 representative 

11 appointed under paragraph (3). Such executive com12 mittee shall establish an agenda and a work plan for 

13 the Board. 

14 (c) TERMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), each member of the Board shall serve a 

17 term of 2 years. 

18 (2) INITIAL MEMBERS.—The Secretary shall 

19 stagger the terms of the Board members such 

20 that— 

21 (A) half of the initial members appointed 

22 to the Board serve a term of 4 years, including 

23 half of the members described in subsection 

24 (b)(1)(A) and half of the members described in 

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


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1 (B) half of the initial members appointed 

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

3 half of the members described in subsection 

4 (b)(1)(A) and half of the members described in 

5 subsection (b)(1)(B). 

6 (3) VACANCIES.— 

7 (A) IN GENERAL.—A vacancy on the 

8 Board— 

9 (i) shall not affect the powers of the 

10 Board; and 

11 (ii) shall be filled in the same manner 

12 as the original appointment was made. 

13 (B) PRESUMPTION.—If a member of the 

14 Board is unable to fill the duties of the member 

15 in serving on the Board, or leaves the domestic 

16 service industry, for a period that exceeds 90 

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

18 member shall be considered a vacancy for pur19 poses of this paragraph. 

20 (d) MEETINGS.— 

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

22 call of the Chairperson. 

23 (2) PUBLIC NOTICE.—The call of the Chair24 person under paragraph (1) shall include notice to 

25 the public of the meeting. 


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

2 after the date on which all members of the Board 

3 have been appointed, the Board shall hold the initial 

4 meeting of the Board. 

5 (e) STANDARDS.— 

6 (1) PROCESS FOR RECOMMENDING STAND7 ARDS.— 

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

9 after the date of enactment of this Act, and 

10 every 3 years thereafter, the Board shall issue 

11 recommendations to the Secretary for standards 

12 that affect the well-being of domestic workers, 

13 including recommendations for— 

14 (i) minimum wage rates for domestic 

15 workers; 

16 (ii) workplace standards for domestic 

17 workers, including standards for occupa18 tional safety and health, hours, benefits, 

19 and other standards that impact working 

20 conditions; and 

21 (iii) implementing and enforcing the 

22 rights of domestic workers granted under 

23 this Act and other Federal laws, including 

24 rights for minimum wage and workplace 

25 standards. 


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1 (B) VOTING.—Any decision of the Board 

2 regarding a recommendation issued under sub3 paragraph (A) shall be decided through a vote 

4 of the Board. In any such vote: 

5 (i) Each voting member of the Board 

6 shall have 1 vote. 

7 (ii) A quorum of the members of the 

8 Board shall be required to be in attend9 ance at the vote. A quorum shall not be 

10 formed if there are in attendance fewer 

11 than— 

12 (I) 2 members of the Board de13 scribed in subsection (b)(1)(A); or 

14 (II) 2 members of the Board de15 scribed in subsection (b)(1)(B). 

16 (iii) The vote shall be agreed to upon 

17 the affirmative vote of not less than a ma18 jority of the members of the Board present 

19 and voting. 

20 (2) RULEMAKING.— 

21 (A) AUTHORITY.—The Secretary may 

22 issue a rule, in accordance with section 553 of 

23 title 5, United States Code, regarding any 

24 standard recommended by the Board under 

25 paragraph (1). 


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1 (B) DECISION.— 

2 (i) IN GENERAL.—Not later than 90 

3 days after receiving a recommendation 

4 from the Board under paragraph (1), the 

5 Secretary shall issue a decision on— 

6 (I) whether the Secretary will 

7 issue a rule under subparagraph (A) 

8 regarding such recommendation; and 

9 (II) if the Secretary issues such a 

10 rule, whether the Secretary will devi11 ate from such recommendation 

12 through such rule. 

13 (ii) EXPLANATORY STATEMENT.—If 

14 the Secretary decides not to issue a rule 

15 under subparagraph (A) regarding a rec16 ommendation under paragraph (1) or de17 cides to deviate from such recommendation 

18 in such a rule, the Secretary shall have 90 

19 days after receiving such recommendation 

20 to issue a statement explaining the deci21 sion. 

22 (C) MINIMUM WAGE RATES.— 

23 (i) LIMITATION.—No standard in24 cluded in a rule issued under subparagraph 

25 (A) may be for a minimum wage rate that 


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1 is less than any minimum wage rate in ef2 fect for domestic workers under State or 

3 local law or the wage rate in effect under 

4 section 6(a)(1) of the Fair Labor Stand5 ards Act of 1938 (29 U.S.C. 206(a)(1)). 

6 (ii) INFLATION.— 

7 (I) ANNUAL INCREASE.—Any 

8 standard for a minimum wage rate in9 cluded in a rule issued under subpara10 graph (A) shall be increased annually 

11 based on the annual change in the 

12 median hourly wage of all employees 

13 as determined by the Bureau of Labor 

14 Statistics and may not be decreased. 

15 (II) INTERACTION WITH BOARD

16 RECOMMENDATIONS.—If the Board 

17 does not include, in the recommenda18 tions submitted under paragraph (1), 

19 a recommended standard to raise the 

20 minimum wage rate for domestic 

21 workers, or the Board in the rec22 ommendations includes such a rec23 ommended standard but the Secretary 

24 decides not to issue a rule based on 

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1 retary shall, through a rule issued not 

2 later than 1 year after the issuance of 

3 the Board’s recommendations under 

4 paragraph (1), provide that the min5 imum wage rate shall be increased an6 nually based on the annual change in 

7 the median hourly wage of all employ8 ees as determined by the Bureau of 

9 Labor Statistics, in accordance with 

10 subclause (I). 

11 (D) WORKPLACE STANDARDS.—No stand12 ard included in a rule issued under subpara13 graph (A) may be for a workplace standard 

14 that is less protective of domestic workers than 

15 any law in effect on the date of enactment of 

16 this Act for domestic workers under any State 

17 or local law. 

18 (3) RECOMMENDATIONS TO CONGRESS.— 

19 (A) IN GENERAL.—For any recommenda20 tion made by the Board under paragraph (1) 

21 that the Secretary determines is not within the 

22 authority of the Secretary, the Secretary shall 

23 make a recommendation to Congress to take ac24 tion on the recommendation. 


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1 (B) HEARING AND INVESTIGATIONS.—Not 

2 later than 1 year after such a recommendation 

3 is made by the Secretary to Congress under 

4 subparagraph (A), Congress shall conduct a 

5 hearing on and investigate the recommendation. 

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

8 (i) as an exercise of the rulemaking 

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

11 deemed a part of the rules of each House, 

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

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

16 the extent that it is inconsistent with such 

17 rules; and 

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

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

22 same manner, and to the same extent as in 

23 the case of any other rule of that House. 

24 (f) POWERS.— 

25 (1) HEARINGS.— 


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1 (A) IN GENERAL.—The Board may hold 

2 such hearings, meet and act at such times and 

3 places, take such testimony, and receive such 

4 evidence as the Board considers advisable to 

5 carry out this section. 

6 (B) REQUIRED PUBLIC HEARINGS.—The 

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

9 enable domestic workers across the United 

10 States to have access to the Board. Any such 

11 public hearing shall— 

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

13 location, and in such a facility that ensures 

14 accessibility for domestic workers; 

15 (ii) include interpretation services in 

16 the languages most commonly spoken by 

17 domestic workers in the geographic region 

18 of the hearing; 

19 (iii) be held in each of the regions 

20 served by the regional offices of the Wage 

21 and Hour Division of the Department of 

22 Labor; and 

23 (iv) include worker organizations in 

24 helping to populate the hearings. 

25 (2) INFORMATION FROM FEDERAL AGENCIES.— 


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

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

4 out this section. 

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

7 of the agency shall provide the information to 

8 the Board. 

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

10 the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

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

14 dispose of gifts or donations of services or property. 

15 (g) BOARD PERSONNEL MATTERS.— 

16 (1) COMPENSATION OF MEMBERS.— 

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

21 of the annual rate of basic pay prescribed for 

22 level IV of the Executive Schedule under section 

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

24 day (including travel time) during which the 


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1 member is engaged in the performance of the 

2 duties of the Board. 

3 (B) FEDERAL EMPLOYEES.—A member of 

4 the Board who is an officer or employee of the 

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

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

10 Board shall be allowed travel expenses, including per 

11 diem in lieu of subsistence, at rates authorized for 

12 an employee of an agency under subchapter I of 

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

14 away from the home or regular place of business of 

15 the member in the performance of the duties of the 

16 Board. 

17 (3) STAFF.— 

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

19 Board may, without regard to the civil service 

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

23 Board to perform the duties of the Board. 

24 (B) REQUIRED STAFF MEMBERS.—The 

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1 graph (A), designate no fewer than 2 full-time 

2 staff members to support the operation of the 

3 Board through logistical, administrative, and 

4 legislative activities. 

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

7 shall be subject to confirmation by the Board. 

8 (D) COMPENSATION.— 

9 (i) IN GENERAL.—Except as provided 

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

11 may fix the compensation of the executive 

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

14 subchapter III of chapter 53 of title 5, 

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

17 rates. 

18 (ii) MAXIMUM RATE OF PAY.—The 

19 rate of pay for the executive director and 

20 other personnel shall not exceed the rate 

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

23 States Code. 

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


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1 (A) IN GENERAL.—An employee of the 

2 Federal Government may be detailed to the 

3 Board without reimbursement. 

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

5 the employee shall be without interruption or 

6 loss of civil service status or privilege. 

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

9 may procure temporary and intermittent services in 

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

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

13 pay prescribed for level V of the Executive Schedule 

14 under section 5316 of that title. 

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

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

18 an eligible worker organization of 1 or more individ19 uals to serve as members of the Board, nor service 

20 on the Board by a representative of an eligible work21 er organization, shall— 

22 (A) make the eligible worker organization 

23 subject to the reporting requirements for labor 

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1 agement Reporting and Disclosure Act of 1959 

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

3 (B) be considered as a factor in any deter4 mination of whether the eligible worker organi5 zation is subject to such reporting require6 ments. 

7 (2) DEFINITION OF ELIGIBLE WORKER ORGANI8 ZATION.—For purposes of this subsection, the term 

9 ‘‘eligible worker organization’’ has the meaning 

10 given such term in subsection (b)(2)(D). 

11 (i) PROHIBITED ACTS.—No domestic work hiring en12 tity may take any action prohibited under paragraph (6) 

13 of section 117(b) with respect to a domestic worker par14 ticipating as a member of, or taking an action described 

15 in paragraph (7) of such section with respect to, the 

16 Board. 

17 (j) RULE OF CONSTRUCTION FOR STATE AND LOCAL

18 STANDARDS.—Nothing in this section shall preempt a 

19 State or local law with greater protections for domestic 

20 workers than the protections for such workers included in 

21 a standard issued through a rule under subsection (e)(2). 

22 (k) EFFECT ON EXISTING DOMESTIC WORKER BEN23 EFITS.— 

24 (1) MORE PROTECTIVE.—Nothing in this sec25 tion shall be construed to diminish the obligation of 


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1 a domestic work hiring entity to comply with any 

2 contract, collective bargaining agreement, or any do3 mestic worker benefit program or plan that provides 

4 greater rights or benefits to domestic workers than 

5 the rights established under this Act. 

6 (2) LESS PROTECTIVE.—The rights established 

7 for domestic workers under this section shall not be 

8 diminished by any contract, collective bargaining 

9 agreement, or any benefit program or plan. 

10 (l) CONFORMING AMENDMENTS.—Section 6(f) of the 

11 Fair Labor Standards Act of 1938 (29 U.S.C. 206(f)) is 

12 amended— 

13 (1) in paragraph (2), by redesignating subpara14 graphs (A) and (B) as clauses (i) and (ii), respec15 tively, and adjusting the margins accordingly; 

16 (2) by redesignating paragraphs (1) and (2) as 

17 subparagraphs (A) and (B), respectively, and adjust18 ing the margins accordingly; 

19 (3) by striking ‘‘Any employee’’ and inserting 

20 ‘‘(1) Subject to paragraph (2), any employee’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(2) The Secretary may, through a rule issued under 

23 section 201(e)(2) of the Domestic Workers Bill of Rights 

24 Act, establish a standard for requiring an employer to pay 

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1 tic service in a household a minimum wage at a rate pro2 vided for under such rule.’’. 

3 SEC. 202. DOMESTIC WORKERS’ BENEFITS STUDY. 

4 (a) STUDY.— 

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

6 a study, which may be through a contract with an7 other entity, for the purpose of providing informa8 tion to labor organizations, domestic work hiring en9 tities, and the general public concerning how to in10 crease the number of domestic workers who have ac11 cess to a secure retirement, affordable health care, 

12 unemployment insurance, life insurance, and other 

13 common benefits provided to employees of large pri14 vate and public sector employers. 

15 (2) MATTERS.—The study conducted under 

16 paragraph (1) shall include a review of each of the 

17 following: 

18 (A) The levels of access to and usage of 

19 common work-related benefits for domestic 

20 workers, including retirement savings, health 

21 insurance and reduced health care costs, paid 

22 sick time, unemployment insurance, disability 

23 and life insurance, and paid family and medical 

24 leave. 


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1 (B) Barriers for domestic workers, includ2 ing home care workers who provide services for 

3 a dependent family member, to— 

4 (i) participate in the old-age, sur5 vivors, and disability insurance program 

6 established under title II of the Social Se7 curity Act (42 U.S.C. 401 et seq.); 

8 (ii) obtain disability insurance; 

9 (iii) participate in the Medicare pro10 gram established under title XVIII of the 

11 Social Security Act (42 U.S.C. 1395 et 

12 seq.); 

13 (iv) otherwise access affordable health 

14 insurance; and 

15 (v) access any other benefits described 

16 in subparagraph (A). 

17 (C) Reforms necessary to increase access 

18 to work-related benefits for domestic workers, 

19 including how to ensure appropriate funding 

20 levels, portability across domestic work hiring 

21 entities, and effective strategies and processes 

22 for outreach and enrollment. 

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1 ing regulations, preventing innovation and im2 provement in the portability of such benefits. 

3 (E) A comparison of the ability of domestic 

4 workers to access, be eligible for, and partici5 pate in public and private sector work-related 

6 benefits compared to such ability of other work7 ers. 

8 (F) Recommendations for ways to ensure 

9 domestic workers can access public benefits. 

10 (G) Recommendations for innovations that 

11 would— 

12 (i) ensure domestic workers could— 

13 (I) access and use benefits, in14 cluding the old-age, survivors, and 

15 disability insurance program estab16 lished under title II of the Social Se17 curity Act (42 U.S.C. 401 et seq.), 

18 the Medicare program established 

19 under title XVIII of the Social Secu20 rity Act (42 U.S.C. 1395 et seq.), the 

21 Medicaid program established under 

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

23 et seq.), unemployment insurance, any 

24 benefits provided under the Patient 

25 Protection and Affordable Care Act 


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1 (Public Law 111–148), including the 

2 amendments made by that Act, paid 

3 family and medical leave, paid sick 

4 time, and any additional benefits iden5 tified by the Secretary, including such 

6 benefits that are portable from job to 

7 job; and 

8 (II) have contributions for the 

9 benefits described in subclause (I) 

10 from multiple hiring entities as appli11 cable; 

12 (ii) provide adequate levels of such 

13 benefits for domestic workers; and 

14 (iii) enable a domestic worker to have 

15 access to such benefits through multiple 

16 jobs the worker may have. 

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

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

19 to the President and Congress a report on the study con20 ducted under subsection (a) that includes each of the fol21 lowing: 

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

23 including its findings and conclusions with respect to 

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


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1 (2) The recommendations for revising the laws, 

2 including regulations, which determine eligibility for 

3 public and private work-related benefits to increase 

4 access to, portability of, and eligibility for such bene5 fits for domestic workers. 

6 (3) Other information and recommendations 

7 with respect to such benefits for domestic workers as 

8 the Secretary considers appropriate. 

9 SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS 

10 FOR DOMESTIC WORKERS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Labor, after consultation with the 

14 Secretary of Education and the Secretary of Health 

15 and Human Services. 

16 (2) TRAINING SERVICES; WORKFORCE INVEST17 MENT ACTIVITIES.—The terms ‘‘training services’’ 

18 and ‘‘workforce investment activities’’ have the 

19 meanings given the terms in section 3 of the Work20 force Innovation and Opportunity Act (29 U.S.C. 

21 3102). 

22 (b) NATIONAL GRANT PROGRAM FOR DOMESTIC

23 WORKERS.—Every 3 years, the Secretary shall, on a com24 petitive basis, make grants to, or enter into contracts with, 

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1 section (d). The Secretary shall make the grants, or enter 

2 into the contracts, for periods of 4 years. 

3 (c) ELIGIBILITY.— 

4 (1) ELIGIBLE ENTITIES.—To be eligible to re5 ceive a grant or enter into a contract under this sec6 tion, an entity shall be— 

7 (A) a nonprofit organization that is de8 scribed in paragraph (3), (5), or (6) of section 

9 501(c) of the Internal Revenue Code of 1986, 

10 and exempt from taxation under section 501(a) 

11 of such Code; 

12 (B) an organization with a board of direc13 tors, at least one-half of the members of which 

14 is comprised of— 

15 (i) domestic workers; or 

16 (ii) representatives of an organization 

17 of such workers, which organization is 

18 independent from all businesses, organiza19 tions, corporations, or individuals that 

20 would pursue any financial interest in con21 flict with that of the workers; 

22 (C) an organization that is independent as 

23 described in subparagraph (B); and 


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1 (D) an organization that has expertise in 

2 domestic work and the workforce of domestic 

3 workers. 

4 (2) PROGRAM PLAN.— 

5 (A) IN GENERAL.—To be eligible to receive 

6 a grant or enter into a contract under this sec7 tion, an entity described in paragraph (1) shall 

8 submit to the Secretary of Labor a plan that 

9 describes a 4-year strategy for meeting the 

10 needs of domestic workers in the area to be 

11 served by such entity. 

12 (B) CONTENTS.—Such plan shall— 

13 (i) describe the domestic worker popu14 lation to be served and identify the needs 

15 of the population to be served for work16 force investment activities and related as17 sistance and employment; 

18 (ii) identify the manner in which the 

19 services to be provided will strengthen the 

20 ability of the domestic workers to be served 

21 to obtain or retain employment and to im22 prove wages or working conditions, includ23 ing upgraded employment in the field of 

24 domestic work; and 


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1 (iii) specifically address how the fund2 ing provided through the grant or contract 

3 for services under this section to domestic 

4 workers will improve wages and skills for 

5 domestic workers in a way that helps meet 

6 the need to recruit workers for and retain 

7 workers in in-demand occupations or ca8 reers. 

9 (3) AWARDS AND ADMINISTRATION.—The 

10 grants and contracts shall be awarded by the Sec11 retary using full and open competitive procedures 

12 and shall be administered by the Secretary. 

13 (d) AUTHORIZED ACTIVITIES.—Funds made avail14 able under this section shall be used to carry out workforce 

15 investment activities and provide related assistance for do16 mestic workers, which may include— 

17 (1) outreach, employment, training, educational 

18 assistance, literacy assistance, English language and 

19 literacy instruction, worker safety training, sup20 portive services, and school dropout prevention and 

21 recovery activities; 

22 (2) follow-up services for those individuals 

23 placed in employment; 

24 (3) development or education as needed by eligi25 ble individuals as identified; 


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1 (4) customized career and technical education 

2 in occupations that will lead to higher wages, en3 hanced benefits, and long-term employment in do4 mestic work or another area; and 

5 (5) the creation or maintenance of employment 

6 and training-related placement services, including 

7 digital placement services. 

8 (e) FUNDING ALLOCATION.—From the funds appro9 priated and made available to carry out this section, the 

10 Secretary shall reserve not more than 1 percent for discre11 tionary purposes related to carrying out this section, such 

12 as providing technical assistance to eligible entities. 

13 (f) ELIGIBLE PROVIDER PERFORMANCE REPORTS.— 

14 Each eligible entity shall prepare performance reports to 

15 report on outcomes achieved by the programs of workforce 

16 investment activities and related assistance carried out 

17 under this section. The performance report for an eligible 

18 entity shall include, with respect to each such program (re19 ferred to in this paragraph as a ‘‘program of study’’) of 

20 such provider— 

21 (1) information specifying the levels of perform22 ance achieved with respect to the primary indicators 

23 of performance described in subclauses (I) through 

24 (IV) of section 116(b)(2)(A)(i) of the Workforce In25 novation and Opportunity Act (29 U.S.C. 


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1 3141(b)(2)(A)(i)) with respect to all individuals en2 gaging in the program of study (or the equivalent); 

3 (2) the total number of individuals exiting from 

4 the program of study (or the equivalent); 

5 (3) the total number of participants who re6 ceived training services through the program; 

7 (4) the total number of participants who exited 

8 from training services, disaggregated by the type of 

9 entity that provided the training services, during the 

10 most recent program year and the 3 preceding pro11 gram years; 

12 (5) the average cost per participant for the par13 ticipants who received training services, 

14 disaggregated by the type of entity that provided the 

15 training services, during the most recent program 

16 year and the 3 preceding program years; and 

17 (6) information on indicators specified by the 

18 Secretary concerning the impact of the training serv19 ices on the wages, skills, recruitment, and retention 

20 of participants. 

21 SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING 

22 STANDARDS, AND APPRENTICESHIPS FOR 

23 DOMESTIC WORKERS. 

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1 sultation with the Secretary of Education and the Sec2 retary of Health and Human Services. 

3 (b) PREPARATION.— 

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

5 an interim study and a final study regarding the de6 velopment of career pathways, national training 

7 standards, and credentials for domestic workers. 

8 (2) CONTENTS.—The study required under 

9 paragraph (1) shall— 

10 (A)(i) examine how the establishment of 

11 career pathways, national training standards, or 

12 credentials could enable the Nation to meet the 

13 growing demand for domestic workers; and 

14 (ii) make recommendations on whether 

15 and, if so, how that establishment could im16 prove wages and working conditions across the 

17 domestic worker industry; and 

18 (B)(i) examine how the creation or expan19 sion of apprenticeship programs for domestic 

20 workers, including apprenticeship programs 

21 conducted at work sites of domestic workers 

22 and apprenticeships that use peer educators 

23 and peer mentors for such workers, could im24 prove opportunities for such workers; and 


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1 (ii) make recommendations on whether 

2 and, if so, how, that creation or expansion could 

3 improve wages and working conditions across 

4 the domestic worker industry. 

5 (3) CONSULTATION.—The study shall be con6 ducted in consultation with representatives of do7 mestic workers, experts in the field of domestic 

8 work, and domestic worker-led organizations. 

9 (c) SUBMISSION OF REPORTS.— 

10 (1) INTERIM REPORT.—Not later than 1 year 

11 after the date of the enactment of this Act, the Sec12 retary shall prepare and submit to Congress an in13 terim report containing the findings of the interim 

14 study under subsection (b). 

15 (2) FINAL REPORT.—Not later than 18 months 

16 after the date of enactment of this Act, the Sec17 retary shall prepare and submit to Congress a final 

18 report containing the findings of the final study 

19 under subsection (b). 

20 TITLE III—IMPLEMENTATION OF 

21 THE DOMESTIC WORKERS 

22 BILL OF RIGHTS 

23 SEC. 301. DEFINITIONS. 

24 In this title: 


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1 (1) DOMESTIC WORKERS BILL OF RIGHTS.— 

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

3 (A) means the rights and protections pro4 vided to domestic workers under this Act, and 

5 the amendments made by this Act, including— 

6 (i) coverage under the overtime re7 quirements of section 7 of the Fair Labor 

8 Standards Act of 1938 (29 U.S.C. 207); 

9 (ii) the right of live-in domestic em10 ployees to certain notices and communica11 tions under section 8 of such Act (29 

12 U.S.C. 208); 

13 (iii) any minimum wage for domestic 

14 workers established through a rule issued 

15 by the Secretary in accordance with section 

16 201(e)(2); 

17 (iv) the protection against retaliation 

18 under section 15(a)(3) of the Fair Labor 

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

20 215(a)(3)); 

21 (v) the applicability of title VII of the 

22 Civil Rights Act of 1964 (42 U.S.C. 2000a 

23 et seq.) to employers of 1 or more employ24 ees; 


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1 (vi) the labor rights and privacy pro2 tections provided to domestic workers 

3 under subtitle B of title I, including— 

4 (I) the right to a written agree5 ment under section 110; 

6 (II) the right to earned paid sick 

7 time provided under section 111; 

8 (III) the fair scheduling practices 

9 required under section 112; 

10 (IV) the right to request and re11 ceive temporary changes to scheduled 

12 work hours for certain personal events 

13 under section 113; 

14 (V) the privacy protections under 

15 section 114; 

16 (VI) the right to meal and rest 

17 breaks in accordance with section 115; 

18 (VII) the protection from wage 

19 deductions for cash shortages, break20 ages, or loss under subsection (a) of 

21 section 116 and wage deductions or 

22 other penalties for communications 

23 described in subsection (b) of such 

24 section; and 


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

3 (vii) the availability of— 

4 (I) safety data sheets for house5 hold cleaning supplies in accordance 

6 with the consumer product safety 

7 standard promulgated by the Con8 sumer Product Safety Commission 

9 under section 7 of the Consumer 

10 Product Safety Act (15 U.S.C. 2056) 

11 and section 122(a); 

12 (II) educational materials from 

13 the National Institute for Occupa14 tional Safety and Health relating to 

15 the health and safety of domestic 

16 workers who provide child care or 

17 cleaning services under section 

18 122(b); and 

19 (III) the national domestic work20 er hotline supported under section 

21 121, including the phone number and 

22 other contact methods for the hotline; 

23 and 

24 (B) includes any rules promulgated by the 

25 Secretary under this Act, or the amendments 


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1 made by this Act, and any standard rec2 ommended by the Board that is promulgated as 

3 such a rule or otherwise implemented by the 

4 Secretary. 

5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) an organization described in paragraph 

8 (3), (5), or (6) of section 501(c) of the Internal 

9 Revenue Code of 1986 and exempt from tax10 ation under section 501(a) of such Code that— 

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

12 one-half of the members of which is com13 prised of— 

14 (I) domestic workers; or 

15 (II) representatives of organiza16 tions of such workers, which organiza17 tion is independent from all busi18 nesses, organizations, corporations, or 

19 individuals that would pursue any fi20 nancial interest in conflict with that 

21 of the workers; 

22 (ii) is independent, as described in 

23 clause (i)(II); 

24 (iii) has expertise in domestic service 

25 and the workforce of domestic workers, 


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1 and has a track record of working with do2 mestic workers; and 

3 (iv) operates in a jurisdiction with a 

4 significant population of domestic workers; 

5 or 

6 (B) a partnership of organizations de7 scribed in subparagraph (A). 

8 (3) NOTICE OF DOMESTIC WORKER RIGHTS.— 

9 The term ‘‘notice of domestic worker rights’’ means 

10 the document created and made available by the 

11 Secretary under section 302(a)(1). 

12 SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS. 

13 (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC

14 WORKERS.— 

15 (1) NOTICE OF RIGHTS.— 

16 (A) IN GENERAL.—The Secretary shall 

17 create, and make available, a notice of domestic 

18 worker rights document that describes the 

19 rights and protections provided by the domestic 

20 workers bill of rights and any other protections 

21 and other rights afforded under Federal law to 

22 domestic workers. 

23 (B) AVAILABILITY AND ACCESSIBILITY OF

24 NOTICE.—The notice of domestic worker rights 

25 shall be— 


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1 (i) a written document made available 

2 online, including through the website de3 scribed in subsection (b); and 

4 (ii) available in English, Spanish, and 

5 other languages understood by domestic 

6 workers, which shall be determined by the 

7 Secretary and include, at a minimum, the 

8 translation languages for the basic infor9 mation fact sheet (or any successor docu10 ment) produced by the Department of 

11 Labor. 

12 (C) CONTENTS.—The notice of domestic 

13 worker rights shall include— 

14 (i) an explanation of the domestic 

15 workers bill of rights; 

16 (ii) a restatement of other Federal 

17 laws that apply to domestic workers, in18 cluding— 

19 (I) laws relating to wage and 

20 hour requirements for domestic work21 ers, including minimum wage, over22 time, travel time, recordkeeping, and 

23 other requirements; 


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1 (II) laws that provide protections 

2 for domestic workers against work3 place discrimination and harassment; 

4 (III) laws providing health and 

5 safety protections applicable to domes6 tic workers; 

7 (IV) laws that protect domestic 

8 workers from retaliation for the exer9 cise of workplace rights provided to 

10 domestic workers; and 

11 (V) laws, including the National 

12 Labor Relations Act (29 U.S.C. 151 

13 et seq.), providing domestic workers 

14 with the right to organize and engage 

15 in protected concerted activities; and 

16 (iii) at the end of the notice— 

17 (I) a statement that domestic 

18 workers can access labor organizations 

19 to learn about their rights, and do20 mestic work hiring entities can access 

21 domestic work hiring entity organiza22 tions to learn about their rights; 

23 (II) a statement that State law 

24 may provide stronger employment 

25 protections in some instances; and 


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1 (III) a list of contact information 

2 for national domestic worker labor or3 ganizations and domestic work hiring 

4 entity organizations. 

5 (2) GREATER PROTECTIONS.—Nothing in this 

6 subsection shall affect any policies or practices of a 

7 domestic work hiring entity that provides greater, 

8 additional, or more generous wages, benefits, or 

9 working conditions to a domestic worker than re10 quired under this section. 

11 (b) ESTABLISHING A DOMESTIC WORKERS RIGHTS

12 WEBSITE.—Not later than 180 days after the date of en13 actment of this Act, the Secretary shall establish a single 

14 web page on the website of the Department of Labor that 

15 summarizes in plain language the rights of domestic work16 ers under the domestic workers bill of rights. 

17 SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK18 ERS BILL OF RIGHTS ENFORCEMENT. 

19 (a) ESTABLISHMENT.—There is established an Inter20 agency Task Force on Domestic Workers Bill of Rights 

21 Enforcement (referred to in this section as the ‘‘Task 

22 Force’’). 

23 (b) MEMBERS.—The Task Force shall consist of— 

24 (1) representatives of the Department of Labor 

25 selected by the Secretary, including representatives 


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1 of the Wage and Hour Division, Occupational Safety 

2 and Health Administration, and Office of the Solic3 itor of Labor; 

4 (2) representatives of the Department of Health 

5 and Human Services selected by the Secretary of 

6 Health and Human Services, including representa7 tives of the Centers for Medicare and Medicaid Serv8 ices and the Administration for Community Living; 

9 and 

10 (3) representatives of the Equal Employment 

11 Opportunity Commission, selected by the Commis12 sion. 

13 (c) INITIAL MEETING.—The Task Force shall hold 

14 its first meeting by not later than 90 days after the date 

15 of enactment of this Act. 

16 (d) DUTIES.— 

17 (1) RECOMMENDATIONS REGARDING WORK18 PLACE CHALLENGES.—Beginning not later than 180 

19 days after the date of enactment of this Act, the 

20 Task Force shall— 

21 (A) examine the issues and challenges fac22 ing domestic workers who come forward to en23 force their workplace rights; 

24 (B) identify challenges agencies enforcing 

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1 tic workers and enforcing, including by con2 ducting hearings in each of the regions served 

3 by the regional offices of the Wage and Hour 

4 Division of the Department of Labor to hear di5 rectly from domestic workers, advocates, and 

6 officials or employees of such agencies in the re7 gional and local areas; and 

8 (C) develop a set of recommendations, in9 cluding sample legislative language, on the best 

10 enforcement strategies to protect the workplace 

11 rights of domestic workers, including— 

12 (i) how to reach, and enforce the 

13 rights of, domestic workers who work in 

14 private homes; 

15 (ii) ways for Federal agencies to work 

16 together or conduct joint enforcement of 

17 workplace rights for domestic workers, as 

18 domestic workers who experience one type 

19 of violation are likely also experiencing 

20 other types of violations; and 

21 (iii) ways the Task Force can work 

22 with State and local enforcement agencies 

23 on the enforcement of workplace rights for 

24 domestic workers. 


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1 (2) REPORT.—By not later than 1 year after 

2 the date of the first meeting of the Task Force, the 

3 Task Force shall prepare and submit a report to 

4 Congress regarding the recommendations described 

5 in paragraph (1)(C). 

6 (3) JOINT ENFORCEMENT.— 

7 (A) IN GENERAL.—For a period of not 

8 more than 3 years after the date of enactment 

9 of this Act, the Task Force shall carry out such 

10 actions as the Task Force determines necessary 

11 to support joint enforcement by Federal agen12 cies of violations of the rights of domestic work13 ers. 

14 (B) REPORT.—At the end of the 3-year pe15 riod described in subparagraph (A), the Task 

16 Force shall submit a report to Congress regard17 ing the efficacy of joint enforcement. 

18 (4) AUDIT OF FEDERAL ENFORCEMENT STRAT19 EGIES.—By not later than 3 years after the date of 

20 enactment of this Act, and every 3 years thereafter, 

21 the Task Force shall— 

22 (A) conduct an audit of the Federal en23 forcement strategies relating to the rights of 

24 domestic workers; and 


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1 (B) prepare and submit to Congress a re2 port regarding the results of the audit. 

3 (5) CONSULTATION REGARDING COMMUNITY4 BASED ENFORCEMENT DEMONSTRATION

5 PROJECTS.—Upon the request of the Secretary, the 

6 Task Force shall review, and provide recommenda7 tions regarding, the applications for community8 based enforcement grants under section 304. 

9 SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDU10 CATION, OUTREACH, AND ENFORCEMENT OF 

11 DOMESTIC WORKER RIGHTS. 

12 (a) PROGRAM AUTHORIZED.— 

13 (1) IN GENERAL.—From amounts made avail14 able to carry out this section, the Secretary, after 

15 consultation with the Interagency Task Force on 

16 Domestic Workers Bill of Rights Enforcement, shall 

17 award grants to eligible entities to enable the eligible 

18 entities to expand and improve cooperative efforts 

19 between Federal agencies and members of the com20 munity, in order to— 

21 (A) enhance the enforcement of the domes22 tic workers bill of rights and other workplace 

23 rights provided to domestic workers under rel24 evant Federal, State, and local laws; 


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1 (B) educate domestic workers of their 

2 rights under the domestic workers bill of rights 

3 and other workplace rights under Federal, 

4 State, and local laws; 

5 (C) educate domestic work hiring entities 

6 regarding their responsibilities and obligations 

7 under the domestic workers bill of rights and 

8 other relevant Federal, State, and local laws; 

9 and 

10 (D) assist domestic workers in pursuing 

11 their workplace rights under the domestic work12 ers bill of rights and other relevant Federal, 

13 State, or local laws. 

14 (2) DURATION OF GRANTS.—Each grant 

15 awarded under this section shall be for a period of 

16 not more than 3 years. 

17 (b) APPLICATIONS.— 

18 (1) IN GENERAL.—An eligible entity desiring a 

19 grant under this section shall submit an application 

20 at such time, in such manner, and containing such 

21 information as the Secretary may require. 

22 (2) PARTNERSHIP APPLICATIONS.—In the case 

23 of an eligible entity that is a partnership, the eligible 

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1 ganization in the partnership as the lead entity for 

2 purposes of receiving and disbursing funds. 

3 (3) CONTENTS.—An application described in 

4 paragraph (1) shall include— 

5 (A) a description of a plan for the dem6 onstration project that the eligible entity pro7 poses to carry out with a grant under this sec8 tion, including a long-term strategy and de9 tailed implementation plan that reflects ex10 pected participation of, and partnership with, 

11 community partners; and 

12 (B) information on the training and edu13 cation that will be provided to domestic workers 

14 and domestic work hiring entities under such 

15 program. 

16 (c) SELECTION.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 the Secretary shall award grants under this section 

19 on a competitive basis. 

20 (2) DISTRIBUTION THROUGH REGIONS.—In 

21 awarding grants under this section, the Secretary 

22 shall ensure that a grant is awarded to an eligible 

23 entity in each region represented by a regional office 

24 of the Wage and Hour Division of the Department 

25 of Labor, to the extent practicable based on the 


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1 availability of appropriations and the applications 

2 submitted. 

3 (d) USE OF FUNDS.—An eligible entity receiving a 

4 grant under this section shall use grant funds to develop 

5 a community partnership and establish and support, 

6 through the partnership, 1 or more of the following activi7 ties: 

8 (1) Disseminating information and conducting 

9 outreach and training to educate domestic workers 

10 about the rights and protections provided under the 

11 domestic workers bill of rights. 

12 (2) Conducting educational training for domes13 tic work hiring entities about their obligations under 

14 the domestic workers bill of rights. 

15 (3) Conducting orientations and training jointly 

16 with relevant Federal agencies, including the Inter17 agency Task Force established under section 303, 

18 regarding the rights and protections provided under 

19 the domestic workers bill of rights. 

20 (4) Providing mediation services between pri21 vate-pay employers and workers. 

22 (5) Providing assistance to domestic workers in 

23 filing claims relating to violations of the domestic 

24 workers bill of rights, either administratively or in 

25 court. 


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1 (6) Monitoring compliance by domestic work 

2 hiring entities with the domestic workers bill of 

3 rights. 

4 (7) Establishing networks for education, com5 munication, and participation in the community re6 lating to the domestic workers bill of rights. 

7 (8) Evaluating the effectiveness of programs de8 signed to prevent violations of the domestic workers 

9 bill of rights and enforce the domestic workers bill 

10 of rights. 

11 (9) Recruiting and hiring staff and volunteers 

12 for the activities described in this subsection. 

13 (10) Producing and disseminating outreach and 

14 training materials. 

15 (11) Any other activity as the Secretary may 

16 reasonably prescribe through notice and comment 

17 rulemaking. 

18 (e) MEMORANDA OF UNDERSTANDING.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 receiving a grant under this section, an eligible enti21 ty shall negotiate and finalize with the Secretary a 

22 memorandum of understanding that sets forth spe23 cific goals, objectives, strategies, and activities that 

24 will be carried out under the grant by the eligible 

25 entity through a community partnership. 


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1 (2) SIGNATURES.—A representative of the eligi2 ble entity receiving a grant (or, in the case of an eli3 gible entity that is a partnership, a representative of 

4 each organization in the partnership) and the Sec5 retary shall sign the memorandum of understanding 

6 under this subsection. 

7 (3) REVISIONS.—A memorandum of under8 standing under this subsection shall be reviewed and 

9 revised by the eligible entity and the Secretary each 

10 year for the duration of the grant. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section. 

14 SEC. 305. ENCOURAGING THE USE OF FISCAL INTER15 MEDIARIES. 

16 The Secretary of Labor is required within the first 

17 year to issue a rule to facilitate the use of fiscal inter18 mediaries that enable payments between domestic workers 

19 and domestic work hiring entities, to improve trans20 parency, enforcement, and working conditions of domestic 

21 workers. 

22 SEC. 306. J–1 VISA PROGRAM. 

23 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

24 or the amendments made by this Act shall be construed 

25 to limit the authority of the Secretary of Labor or the 


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1 States to enforce labor laws, or promulgate regulations, 

2 with respect to work performed by an individual who is— 

3 (1) participating in an exchange visitor pro4 gram described in section 62.31 of title 22, Code of 

5 Federal Regulations (or a successor regulation); and 

6 (2) present in the United States pursuant to a 

7 visa issued under section 101(a)(15)(J) of the Immi8 gration and Nationality Act (8 U.S.C. 

9 1101(a)(15)(J)). 

10 (b) NOTIFICATION OF RIGHTS.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary of State and any sponsor designated under 

14 subsection (b) of section 62.31 of title 22, Code of 

15 Federal Regulations (or a successor regulation), to 

16 carry out an au pair program shall— 

17 (A) notify each au pair participating in the 

18 program of his or her rights under the Fair 

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

20 et seq.); and 

21 (B) provide to each such au pair— 

22 (i) a description of the services pro23 vided by the Wage and Hour Division of 

24 the Department of Labor; and 


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1 (ii) information with respect to the 

2 manner in which the au pair may contact 

3 the Department of Labor to request assist4 ance. 

5 (2) APPLICABILITY OF DOMESTIC WORKER RE6 QUIREMENTS.—The notice requirement under para7 graph (1) shall be in addition to all other protections 

8 or notices that apply to a domestic worker who is 

9 also an individual participating in an au pair pro10 gram. 

11 SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PRO12 VIDE MEDICAID-FUNDED SERVICES. 

13 (a) REGULATIONS TO APPLY DOMESTIC WORKER

14 PROTECTIONS AND RIGHTS.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary and the 

16 Secretary of Health and Human Services jointly shall de17 velop and issue the following regulations: 

18 (1) Regulations regarding the application of the 

19 protections and rights afforded to domestic workers 

20 including personal or home care aides who provide 

21 services described in subsection (b) that are funded 

22 under the State plan under title XIX of the Social 

23 Security Act (42 U.S.C. 1396 et seq.) or under a 

24 waiver of such plan including through a contract or 

25 other arrangement with a managed care entity (as 


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1 defined in section 1932(a)(1)(B) of the Social Secu2 rity Act (42 U.S.C. 1396u–2(a)(1)(B))), to individ3 uals enrolled in such plan or waiver. The regulations 

4 issued under this paragraph shall recognize the role 

5 of self-directed care for individuals with disabilities 

6 and shall— 

7 (A) protect, stabilize, and expand the do8 mestic worker and personal or home care aide 

9 workforce; 

10 (B) recognize the role of self-directed care 

11 for individuals with disabilities; 

12 (C) prohibit States from requiring individ13 uals with disabilities who self-direct their care 

14 to use their direct service budget to pay for 

15 costs resulting from the application of such pro16 tections and rights to domestic workers (such 

17 as paid sick time, penalties, or overtime pay) 

18 except to the extent that such costs are directly 

19 related to the provision of services described in 

20 subsection (b) to such individuals; and 

21 (D) facilitate Federal and State compli22 ance with section 504 of the Rehabilitation Act 

23 of 1973 (29 U.S.C. 794), the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 12101 et 

25 seq.), and the holdings of the Supreme Court in 


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1 Olmstead v. L.C., 527 U.S. 581 (1999), and 

2 companion cases. 

3 (2) Regulations regarding— 

4 (A) mechanisms for States to use to pay 

5 for the costs described in paragraph (1)(C), in6 cluding, to the extent the Secretaries determine 

7 appropriate, through the establishment of a 

8 dedicated State fund, using funds appropriated 

9 to a State agency, and using fiscal inter10 mediaries; and 

11 (B) how States may use funds provided as 

12 a result of the increased Federal medical assist13 ance percentage for services provided by domes14 tic workers under section 1905(ff) of such Act 

15 (42 U.S.C. 196d(ff)) (as added by section 401) 

16 for such costs. 

17 (b) SERVICES DESCRIBED.—The services described 

18 in this subsection are the following: 

19 (1) Home or community-based services provided 

20 under a waiver approved under subsection (c) or (d) 

21 of section 1915 of the Social Security Act (42 

22 U.S.C. 1396n). 

23 (2) Home and community-based services pro24 vided under a State plan amendment under section 

25 1915(i) of such Act (42 U.S.C. 1396n(i)). 


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1 (3) Self-directed personal assistance services 

2 provided under section 1915(j) of such Act (42 

3 U.S.C. 1396n(j)). 

4 (4) Home and community-based attendant serv5 ices and supports provided under section 1915(k) of 

6 such Act (42 U.S.C. 1396n(k)). 

7 (5) Home health care services provided under 

8 section 1905(a)(7) of such Act (42 U.S.C. 

9 1396d(a)(7)). 

10 (6) Rehabilitative services provided under sec11 tion 1905(a)(13) of such Act (42 U.S.C. 

12 1396d(a)(13)). 

13 (7) Personal care services provided under sec14 tion 1905(a)(24) of such Act (42 U.S.C. 

15 1396d(a)(24)). 

16 (8) Home and community care for functionally 

17 disabled elderly individuals under section 1929 of 

18 such Act (42 U.S.C. 1396t). 

19 (9) Community supported living arrangements 

20 services under section 1930 of such Act (42 U.S.C. 

21 1396u). 

22 (10) Any services described in this subsection 

23 provided under a PACE program agreement in ac24 cordance with section 1934 of such Act (42 U.S.C. 

25 1396u–4). 


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1 (11) Any services described in this subsection 

2 provided under a waiver approved under section 

3 1115 of the Social Security Act (42 U.S.C. 1315). 

4 (12) Any other services provided by a domestic 

5 worker who is a personal or home care aide that are 

6 funded under a State plan under title XIX of such 

7 Act or under a waiver of such plan, as the Secretary 

8 and the Secretary of Health and Human Services 

9 may determine. 

10 SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT11 FUNDED PROGRAMS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of this Act, the Secretary shall delay all enforcement 

14 relating to the provisions of this Act, or the amendments 

15 made by this Act, with respect to a Federal, State, or local 

16 governmental agency, or an entity operating under a 

17 grant, contract, or other agreement for such agency until 

18 the day that is 2 years after the date of enactment of this 

19 Act. 

20 (b) EXTENSION OPTION.—The Secretary may extend 

21 the 2-year delay period in enforcement under subsection 

22 (a) with respect to a Federal, State, or local governmental 

23 agency, or an entity operating under a grant, contract, 

24 or other agreement for such agency for an additional 1- 

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1 retary, the Secretary determines the delay appropriate. In 

2 applying the preceding sentence, a delay in issuing the 

3 regulations required under section 307 shall be deemed a 

4 reason to extend the delayed enforcement period. 

5 (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC6 TIONS BY DOMESTIC WORKERS PROVIDING SERVICES

7 FUNDED UNDER MEDICAID.—No action may be brought 

8 under section 118(a)(3) against a domestic work hiring 

9 entity that receives payment under a State Medicaid plan 

10 or waiver under title XIX of the Social Security Act for 

11 providing any services described in section 307(b), until 

12 on or after the date that is 2 years after the date of enact13 ment of this Act. 

14 TITLE IV—FUNDING 

15 SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED16 ICAL ASSISTANCE PERCENTAGE FOR MED17 ICAID-FUNDED SERVICES PROVIDED BY DO18 MESTIC WORKERS. 

19 (a) IN GENERAL.—Section 1905 of the Social Secu20 rity Act (42 U.S.C. 1396d) is amended— 

21 (1) in subsection (b), by striking ‘‘and (aa)’’ 

22 and inserting ‘‘(aa), and (ff)’’; and 

23 (2) by adding at the end the following new sub24 section: 


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1 ‘‘(ff) INCREASED FMAP FOR MEDICAL ASSISTANCE

2 FOR SERVICES PROVIDED BY DOMESTIC WORKERS.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

4 (b), with respect to amounts expended by a State for 

5 medical assistance described in paragraph (2) that is 

6 provided by a personal or home care aide during a 

7 quarter within the twenty-quarter period beginning 

8 with the first quarter that begins after the date of 

9 enactment of this subsection, the Federal medical 

10 assistance percentage for the State and the quarter 

11 that applies to such expenditures shall be increased 

12 by 4 percentage points (not to exceed 100 percent). 

13 ‘‘(2) MEDICAL ASSISTANCE DESCRIBED.—The 

14 medical assistance described in this paragraph is the 

15 following: 

16 ‘‘(A) Home or community-based services 

17 provided under a waiver approved under sub18 section (c) or (d) of section 1915. 

19 ‘‘(B) Home and community-based services 

20 provided under a State plan amendment under 

21 section 1915(i). 

22 ‘‘(C) Self-directed personal assistance serv23 ices provided under section 1915(j). 


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1 ‘‘(D) Home and community-based attend2 ant services and supports provided under sec3 tion 1915(k). 

4 ‘‘(E) Home health care services provided 

5 under subsection (a)(7). 

6 ‘‘(F) Rehabilitative services provided under 

7 subsection (a)(13). 

8 ‘‘(G) Personal care services provided under 

9 subsection (a)(24) of such Act. 

10 ‘‘(H) Home and community care for func11 tionally disabled elderly individuals under sec12 tion 1929. 

13 ‘‘(I) Community supported living arrange14 ments services under section 1930. 

15 ‘‘(J) Any services described in this para16 graph that are provided under a PACE pro17 gram agreement in accordance with section 

18 1934. 

19 ‘‘(K) Any services described in this para20 graph that are provided under a waiver ap21 proved under section 1115. 

22 ‘‘(L) Such other services provided by a 

23 personal or home care aide that are funded 

24 under the State plan or under a waiver of such 

25 plan, as the Secretary may determine. 


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1 ‘‘(3) PERSONAL OR HOME CARE AIDE DE2 FINED.—In this subsection, the term ‘personal or 

3 home care aide’ has the meaning given that term in 

4 section 2008(b)(6)(C) and includes any individual 

5 who provides medical assistance described in para6 graph (2) for compensation.’’. 

7 (b) APPLICATION TO CHIP.—Section 2105(a) of the 

8 Social Security Act (42 U.S.C. 1397ee(a)) is amended by 

9 adding at the end the following new paragraph: 

10 ‘‘(5) CHILD HEALTH ASSISTANCE PROVIDED BY

11 DOMESTIC WORKERS.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (1) and subsection (b), the Secretary 

14 shall pay to each State with a plan approved 

15 under this title, from its allotment under sec16 tion 2104, an amount, for each quarter within 

17 the twenty-quarter period beginning with the 

18 first quarter that begins after the date of enact19 ment of this paragraph, equal to the enhanced 

20 FMAP, increased by 4 percentage points (not 

21 to exceed 100 percent) of expenditures in the 

22 quarter for child health assistance and preg23 nancy-related assistance described in subpara24 graph (B) that are provided under the plan for 


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1 targeted low-income children and targeted low2 income women. 

3 ‘‘(B) CHILD HEALTH ASSISTANCE AND

4 PREGNANCY-RELATED ASSISTANCE DE5 SCRIBED.—The child health assistance and 

6 pregnancy-related assistance described in this 

7 subparagraph are the following: 

8 ‘‘(i) Home and community-based 

9 health care services and related supportive 

10 services under paragraph (14) of section 

11 2110 (other than training for family mem12 bers, and minor modifications to the 

13 home). 

14 ‘‘(ii) Rehabilitative services under 

15 paragraph (24) of section 2110.’’. 

16 SEC. 402. PROCESS FOR DETERMINING AN INCREASED 

17 FMAP TO ENSURE A ROBUST HOMECARE 

18 WORKFORCE UNDER MEDICAID. 

19 (a) DATA COLLECTION.—The Secretary of Health 

20 and Human Services, acting through the Assistant Sec21 retary for Planning and Evaluation (referred to in this 

22 section as ‘‘ASPE’’), shall enter into arrangements with 

23 States to collect State Medicaid program data on the per24 sonal or home care aide workforce. The data collected 

25 under such arrangements shall include the following: 


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1 (1) Rates of retention and turnover of personal 

2 or home care aides by program type and State. 

3 (2) Causes of such turnover. 

4 (3) Numbers and types of personal or home 

5 care aides impacted by this Act and the amendments 

6 made by this Act, including, but not limited to, with 

7 respect to— 

8 (A) personal or home care aides providing 

9 services to individuals who are enrolled in a 

10 State Medicaid program, including, in the case 

11 of individuals enrolled under a waiver of such 

12 program, the types of waivers involved; and 

13 (B) personal or home care aides providing 

14 services to individuals who are not enrolled in 

15 a State Medicaid program. 

16 (4) Wages earned by personal or home care 

17 aides in each State. 

18 (5) Variations in wages across types of employ19 ers of personal or home care aides. 

20 (6) Any other such data as ASPE determines 

21 relevant to studying how to improve the recruitment 

22 and retention of the personal or home care aide 

23 workforce. 

24 (b) PROPOSED FMAP INCREASE.— 


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1 (1) IN GENERAL.—Based on the data collected 

2 under arrangements entered into under subsection 

3 (a), ASPE shall determine a proposed increased 

4 FMAP for amounts expended by a State for medical 

5 assistance described in section 1905(ff)(2) of the So6 cial Security Act (42 U.S.C. 1396d(ff)(2)) (as added 

7 by section 401) under the State Medicaid program 

8 that is provided by a personal or home care aide. 

9 (2) REQUIREMENTS.—The proposed increased 

10 FMAP shall be designed to do the following: 

11 (A) Provide adequate reimbursement under 

12 State Medicaid programs for increased costs for 

13 Federal, State, and local changes in wages and 

14 benefits for personal or home care aides as a 

15 result of this Act and the amendments made by 

16 this Act. 

17 (B) Improve the rates of retention and re18 cruitment of personal or home care aides who 

19 provide medically necessary services. 

20 (C) Ensure the independence and integra21 tion of individuals with disabilities who rely on 

22 personal or home care aides. 

23 (3) CONSULTATION.—In determining such pro24 posed increased FMAP, ASPE shall consult with the 

25 Domestic Worker Wage and Standards Board and 


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1 shall provide that Board with the opportunity to 

2 make formal written comments on ASPE’s final pro3 posed increased FMAP before the report required 

4 under subsection (c) is submitted to Congress. 

5 (c) REPORT.— 

6 (1) DEADLINE.—Not later than 1 year after 

7 the date of enactment of this Act, ASPE shall sub8 mit a report to Congress that includes the following: 

9 (A) The proposed increased FMAP deter10 mined by ASPE. 

11 (B) An explanation of the benefits of using 

12 the proposed increased FMAP calculation for— 

13 (i) the personal or home care aide 

14 workforce; and 

15 (ii) elderly individuals and individuals 

16 with disabilities who are provided medical 

17 assistance described in section 1905(ff)(2) 

18 of the Social Security Act (42 U.S.C. 

19 1396d(ff)(2)) (as added by section 401) by 

20 a personal or home care aide, as well as to 

21 family caregivers. 

22 (C) The written comments, if any, sub23 mitted by the Domestic Worker Wage and 

24 Standards Board to ASPE prior to the submis25 sion of the report. 


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1 (D) Suggestions for how States and the 

2 Federal Government can improve the process of 

3 obtaining timely, uniform data under State 

4 Medicaid programs regarding the personal or 

5 home care aide workforce. 

6 (2) OPTIONAL ADDENDUM.—Not later than 90 

7 days after the report required under paragraph (1) 

8 is submitted to Congress, the Domestic Worker 

9 Wage and Standards Board may submit an adden10 dum to the report to Congress that contains the 

11 Board’s views regarding the proposed increased 

12 FMAP and report submitted by ASPE. 

13 (d) DEFINITIONS.—In this section: 

14 (1) PERSONAL OR HOME CARE AIDE.—The 

15 term ‘‘personal or home care aide’’ has the meaning 

16 given that term in section 1905(ff)(3) of the Social 

17 Security Act (42 U.S.C. 1396d(ff)(3)). 

18 (2) FMAP.—The term ‘‘FMAP’’ means the 

19 Federal medical assistance percentage, as defined in 

20 section 1905(b) of the Social Security Act (42 

21 U.S.C. 1396d(b)), as determined without regard to 

22 this section. 

23 (3) STATE.—The term ‘‘State’’ has the mean24 ing given that term in section 1101 of the Social SeVerDate Sep 11 2014 01:59 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S2112.IS S2112

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1 curity Act (42 U.S.C. 1301) for purposes of title 

2 XIX of that Act. 

3 (4) STATE MEDICAID PROGRAM.—The term 

4 ‘‘State Medicaid program’’ means, with respect to a 

5 State, the program for medical assistance carried 

6 out by a State under a State plan under title XIX 

7 of the Social Security Act (42 U.S.C. 1396 et seq.) 

8 and any waiver of that plan. 

9 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to carry out 

11 this Act, and the amendments made by this Act, such 

12 sums as may be necessary. 

Æ 


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