I 
118TH CONGRESS 
2D SESSION 
H. R. 8732 
To enhance the rights of domestic employees, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2024 
Ms. JAYAPAL (for herself, Ms. ADAMS, Ms. BALINT, Ms. BARRAGA´N, Mrs. 
BEATTY, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BOWMAN, 
Mr. BOYLE
of Pennsylvania, Ms. BROWN, Ms. BROWNLEY, Ms. 
BUDZINSKI, Ms. BUSH, Mr. CA´RDENAS, Mr. CARSON, Mr. CARTER of 
Louisiana, Mr. CASAR, Mr. CASTEN, Mr. CASTRO of Texas, Mrs. 
CHERFILUS-MCCORMICK, Ms. CHU, Ms. CLARKE of New York, Mr. 
CLEAVER, Mr. CLYBURN, Mr. COHEN, Mr. CORREA, Mr. COURTNEY, Mr. 
DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. DELAURO, Ms. 
DELBENE, Mr. DELUZIO, Mrs. DINGELL, Mr. DOGGETT, Ms. ESCOBAR, 
Mr. ESPAILLAT, Mr. EVANS, Mrs. FOUSHEE, Mr. FROST, Mr. 
GARAMENDI, Mr. GARCI´A of Illinois, Mr. ROBERT GARCIA of California, 
Ms. GARCIA of Texas, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. 
GREEN
of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIMES, Mr. 
HORSFORD, Ms. HOYLE of Oregon, Mr. HUFFMAN, Mr. JACKSON of Illi-
nois, Ms. JACKSON LEE, Ms. JACOBS, Mr. JOHNSON of Georgia, Ms. 
KAMLAGER-DOVE, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILMER, Mr. 
KIM of New Jersey, Mr. KRISHNAMOORTHI, Mr. LANDSMAN, Ms. LEE of 
California, Ms. LEE of Nevada, Ms. LEGER FERNANDEZ, Mr. LIEU, Ms. 
LOFGREN, Mr. LYNCH, Ms. MATSUI, Ms. MCCLELLAN, Ms. MCCOLLUM, 
Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. MENG, Mr. MFUME, 
Ms. MOORE of Wisconsin, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, 
Mr. NEGUSE, Mr. NORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 
OMAR, Ms. PINGREE, Mr. POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. 
QUIGLEY, Mrs. RAMIREZ, Mr. RASKIN, Ms. ROSS, Ms. SALINAS, Ms. 
SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. 
SCHIFF, Mr. DAVID SCOTT of Georgia, Mr. SMITH of Washington, Mr. 
SOTO, Ms. STANSBURY, Ms. STEVENS, Ms. STRICKLAND, Mr. SUOZZI, 
Mr. SWALWELL, Mr. TAKANO, Mr. THANEDAR, Ms. TLAIB, Ms. TOKUDA, 
Mr. TORRES of New York, Mrs. TRAHAN, Mr. VARGAS, Mr. VASQUEZ, 
Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, 
Ms. WILD, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committees on House 
Administration, Energy and Commerce, Ways and Means, Oversight and 
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Accountability, and the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance the rights of domestic employees, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Domestic Workers Bill of Rights Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Rulemaking authority. 
Sec. 5. Rule of construction. 
TITLE I—DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS 
Subtitle A—Amendments to the Fair Labor Standards Act of 1938 
Sec. 101. Overtime protections for live-in domestic employees. 
Sec. 102. Live-in domestic employees termination notices and communications. 
Sec. 103. Enforcement. 
Subtitle B—Domestic Employee Rights 
Sec. 110. Written agreements. 
Sec. 111. Earned sick days. 
Sec. 112. Fair scheduling practices. 
Sec. 113. Right to request and receive temporary changes to scheduled work 
hours due to personal events. 
Sec. 114. Privacy. 
Sec. 115. Breaks for meals and rest. 
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes 
of communication. 
Sec. 117. Prohibited acts. 
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Sec. 118. Enforcement authority. 
Sec. 119. Effect on existing employment benefits and other laws. 
Subtitle C—Amendment to Title VII of the Civil Rights Act of 1964 
Sec. 131. Including certain domestic employees in civil rights protections 
against discrimination in employment. 
TITLE II—STANDARDS BOARD AND BENEFITS 
Sec. 201. Domestic Employee Standards Board. 
Sec. 202. Domestic employees’ benefits study. 
TITLE III—IMPLEMENTATION OF THE DOMESTIC WORKERS BILL 
OF RIGHTS 
Sec. 301. Definitions. 
Sec. 302. Notice of domestic employee rights. 
Sec. 303. Interagency task force on domestic workers bill of rights enforcement. 
Sec. 304. National Domestic Employee Hotline. 
Sec. 305. National grant for community-based education, outreach, and en-
forcement of domestic employee rights. 
Sec. 306. Encouraging the use of fiscal intermediaries. 
Sec. 307. Application to domestic employees who provide Medicaid-funded serv-
ices. 
Sec. 308. Delayed enforcement for government-funded programs. 
TITLE IV—FUNDING 
Sec. 401. Temporary increase in the Federal medical assistance percentage for 
Medicaid-funded services provided by domestic employees. 
Sec. 402. Authorization of appropriations. 
TITLE V—SEVERABILITY 
Sec. 501. Severability. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) There are an estimated 2,200,000 domestic 
employees across the United States working in pri-
vate homes to provide direct care, child care, and 
house-cleaning services. 
(2) Domestic work is a job-enabling job that 
makes all other work possible. It is labor that cannot 
be outsourced to individuals abroad, nor is it close 
to being automated. Without the millions of domes-
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tic employees caring for children, seniors, and people 
with disabilities, and cleaning homes, much of the 
economy would come to a standstill. 
(3) During the COVID–19 pandemic, domestic 
work and other low-wage service jobs, disproportion-
ately held by women, women of color, and immi-
grants, were deemed essential. This crisis showed 
how essential these jobs have always been to our 
economy. At great risk to the health of themselves 
and their families, domestic employees worked on 
the frontlines of the pandemic to provide care to 
those more vulnerable to COVID–19, seniors, and 
individuals with disabilities, and provided child care 
for the children of essential workers and other work-
ers. A study of Black immigrant domestic employees 
conducted by the Institute for Policy Studies and 
the National Domestic Workers Alliance in May and 
June of 2020 found that 25 percent of employees 
surveyed experienced or lived with someone who had 
experienced COVID–19 symptoms. Seventy-three 
percent of such employees surveyed indicated that 
they did not receive personal protective equipment 
(‘‘PPE’’) from their employers. 
(4) Domestic employees experienced a rapid 
and sustained loss of jobs during the COVID–19 
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pandemic, which exacerbated the existing financial 
insecurity experienced by many domestic employees. 
Surveys from the National Domestic Workers Alli-
ance and NDWA Labs between March and Sep-
tember 2020 found that for 6 consecutive months, 
more than half of domestic employees surveyed were 
unable to pay their rent or mortgage. Nearly 75 per-
cent of employees surveyed did not receive any com-
pensation when their jobs were canceled. 
(5) The employment of individuals in domestic 
service in households affects commerce, as described 
in section 2(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 202(a)), and thus many domestic 
employees are employees covered under the Fair 
Labor Standards Act of 1938. Moreover, domestic 
services provided by any domestic employee for an 
employer affect commerce. 
(6) Domestic employees are hired or contacted 
for work by phone, mail, or internet, or through 
newspaper ads, and travel to work through transpor-
tation on interstate highways, interstate transit, or 
vehicles in interstate commerce. 
(7) In 2023, the Bureau of Labor Statistics 
predicted that between 2021 and 2031— 
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(A) the number of new jobs for home 
health and personal care aides will increase by 
25 percent, which is an increase of 711,700 
jobs; and 
(B) the number of new jobs for child care 
positions will increase by 6 percent. 
(8) The COVID–19 pandemic increased the de-
mand for in-home child care. According to the Cen-
ter for Translational Neuroscience at the University 
of Oregon, the percentage of parents reporting use 
of home-based child care has grown since the onset 
of the pandemic from 27 percent to 31 percent by 
September 2021. 
(9) An increasing number of employees, includ-
ing domestic employees, are finding work on online 
platforms. An analysis from the JPMorgan Chase 
Institute found that between 2013 and 2020, the 
percentage of adults that had earned income from 
online platforms increased from 0.3 percent to 2.5 
percent. 
(10) Nine out of 10 domestic employees are 
women and such women are disproportionately peo-
ple of color and immigrants. Women, people of color, 
and immigrants have historically faced barriers to 
employment and economic advancement. According 
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to the Economic Policy Institute, domestic employ-
ees also tend to be older than other employees. Two 
in 5 domestic employees are age 50 or older, while 
just 1⁄3 of all other employees are at least 50 years 
old. 
(11) Domestic employees are paid low wages, 
can be subjected to workplace health and safety haz-
ards, and face difficulties saving for retirement. An 
Economic Policy Institute analysis of data from the 
Current Population Survey indicates that the aver-
age wage for a domestic employee is approximately 
$13.79 per hour or $18,360 per year if working full- 
time. In practice, the average wage for a domestic 
employee is less than such approximation given that 
domestic work has largely been negotiated in the in-
formal labor market. 
(12) Low-wage employees, including domestic 
employees, experience high rates of minimum wage 
and overtime violations, violations of laws related to 
workers’ compensation and other workplace benefits, 
and illegal retaliation. A 2017 study from the Eco-
nomic Policy Institute found that 2,400,000 employ-
ees, 17 percent of the low-wage workforce, experi-
ences wage theft. A 2009 report from the National 
Employment Law Project found that employment in 
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private homes was one of the 3 industries with the 
highest rates of employment and labor law viola-
tions. 
(13) A landmark study of domestic employees 
published in 2012 by the National Domestic Work-
ers Alliance, the Center for Urban Economic Devel-
opment of the University of Illinois at Chicago, and 
DataCenter titled ‘‘Home Economics: The Invisible 
and Unregulated World of Domestic Work’’ indi-
cated poor working conditions across the domestic 
employees industry. The findings of such study in-
cluded that— 
(A) domestic employees have little control 
over their working conditions and employment 
is usually arranged without a written contract; 
(B) 35 percent of domestic employees 
interviewed reported that they worked long 
hours without breaks in the year immediately 
preceding the interview; 
(C) 25 percent of live-in domestic employ-
ees had responsibilities that prevented them 
from getting at least 5 hours of uninterrupted 
sleep at night during the week immediately pre-
ceding the interview; and 
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(D) 91 percent of domestic employees 
interviewed who encountered problems with 
their working conditions in the year imme-
diately preceding the interview did not complain 
about their working conditions because they 
were afraid they would lose their job. 
(14) The study described in paragraph (13) 
found that domestic employees have little access to 
federally supported employment benefits. For in-
stance— 
(A) less than 2 percent of such employees 
receive retirement or pension benefits, and less 
than 9 percent of such employees work for em-
ployers that collect payroll taxes on wages paid 
to such employees to provide eligibility for So-
cial Security disability and retirement benefits; 
and 
(B) 65 percent of such employees do not 
have health insurance and only 4 percent of 
such employees receive employer-provided insur-
ance, despite the fact that domestic work is 
hazardous and often results in illness or phys-
ical injuries. 
(15) Compounding these challenges is the fact 
that many domestic employees have been, and in 
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many cases continue to be, excluded from key provi-
sions of labor and employment laws like the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.) and the National Labor Relations Act 
(29 U.S.C. 151 et seq.). Live-in domestic employees 
solely employed by private households remain ex-
cluded from the overtime protections under the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.). 
Minimum 
employee 
threshold 
rules, 
misclassification of domestic employees as inde-
pendent contractors, and exclusion of independent 
contractors from coverage mean that most domestic 
employees are also de facto excluded from Federal 
civil rights protections, including protections under 
title VII of the Civil Rights Act of 1964 (29 U.S.C. 
2000e et seq.) and other laws. 
(16) The International Labour Organization’s 
Domestic Workers Convention, adopted in 2011, 
calls for domestic employees to have the right to 
freedom of association and collective actions, protec-
tions against harassment, privacy rights, and the 
right to be informed of conditions of employment. 
This Convention also calls for the right of domestic 
employees to keep their travel documents, the right 
to overtime compensation and rest breaks, the right 
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to minimum wage coverage, the right to occupational 
safety and health protections, and mechanisms to 
pursue complaints and ensure compliance with the 
law. 
(17) The unique nature of their work, in pri-
vate homes with individuals and families, also often 
makes it difficult for domestic employees to use Fed-
eral programs and policies to improve their skills 
and training and to join together collectively to ne-
gotiate better pay and working conditions. 
(18) Many domestic employees are also vulner-
able to discrimination and sexual harassment. These 
issues are further exacerbated by the unique working 
conditions faced by domestic employees, such as iso-
lation, poverty, immigration status, the lack of fa-
miliarity with the law and legal processes, limited 
networks for support, language barriers, and fear of 
retaliation and deportation. 
(19) Millions of older individuals, individuals 
with disabilities, and families are increasingly relying 
on domestic employees. Transforming domestic work 
jobs into good jobs with family sustaining wages and 
access to benefits can reduce high turnover due to 
poor working conditions, thereby enhancing quality 
of care, and supporting the millions of working and 
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retired people of the United States who rely on 
them. 
SEC. 3. DEFINITIONS. 
(a) FAIR LABOR STANDARDS ACT OF 1938 DEFINI-
TIONS.—In this Act: 
(1) COMMERCE; EMPLOY; EMPLOYEE; GOODS; 
PERSON; STATE.—The terms ‘‘commerce’’, ‘‘em-
ploy’’, ‘‘employee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘en-
terprise engaged in commerce or in the production 
of goods for commerce’’, ‘‘goods’’, ‘‘person’’, and 
‘‘State’’ have the meanings given such terms in sec-
tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(2) REGULAR RATE.—The term ‘‘regular rate’’ 
has the meaning given such term in section 7(e) of 
such Act (29 U.S.C. 207(e)). 
(b) OTHER DEFINITIONS.—In this Act: 
(1) CHILD.—The term ‘‘child’’— 
(A) means an individual who is under 18 
years of age; and 
(B) includes an individual described in 
subparagraph (A) who is— 
(i) a biological, foster, or adopted 
child; 
(ii) a stepchild; 
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(iii) a child of a domestic partner; 
(iv) a legal ward; or 
(v) a child of a person standing in 
loco parentis. 
(2) DISABILITY.—The term ‘‘disability’’ has the 
meaning given the term in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
(3) DOMESTIC PARTNER.— 
(A) IN
GENERAL.—The term ‘‘domestic 
partner’’, with respect to an individual, means 
another individual with whom the individual is 
in a committed relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
for purposes of subparagraph (A)— 
(i) means a relationship between 2 in-
dividuals, each at least 18 years of age, in 
which both individuals share responsibility 
for a significant measure of each other’s 
common welfare; and 
(ii) includes any such relationship be-
tween 2 individuals, including individuals 
of the same sex, that is granted legal rec-
ognition by a State or political subdivision 
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of a State as a marriage or analogous rela-
tionship, including a civil union or domes-
tic partnership. 
(4) DOMESTIC SERVICES.—The term ‘‘domestic 
services’’— 
(A) means services— 
(i) of a household nature; and 
(ii) performed by an individual in or 
about a private home (permanent or tem-
porary); and 
(B) includes services performed by individ-
uals such as companions, babysitters, cooks, 
waiters, butlers, valets, maids, housekeepers, 
nannies, nurses, janitors, laundresses, care-
takers, handymen, gardeners, home health 
aides, personal care aides or assistants, and 
chauffeurs of automobiles for family use. 
(5) DOMESTIC EMPLOYEE.—The term ‘‘domes-
tic employee’’— 
(A) means, except as provided in subpara-
graph (B), an employee who is employed by an 
employer for the performance of domestic serv-
ices; and 
(B) does not include— 
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(i) any individual who is a family 
member, friend, neighbor, or parent of a 
child and who provides child care for the 
child in the child’s home; 
(ii) any individual who is— 
(I) an employee of a family child 
care provider; or 
(II) a family child care provider; 
and 
(iii) any individual who is an employee 
described in section 13(a)(15) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
213(a)(15)). 
(6) FAMILY CHILD CARE PROVIDER.—The term 
‘‘family child care provider’’ means 1 or more indi-
viduals who provide child care services, in a private 
residence other than the residence of the child re-
ceiving the services, for fewer than 24 hours per day 
for the child (unless the nature of the work of the 
parent of the child requires 24-hour care). 
(7) MEDICAID HCBS-ELIGIBLE ELDERLY INDI-
VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly 
individual’’ means an individual who— 
(A) is 65 years of age or older; 
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(B) is eligible for and enrolled for medical 
assistance for any of the following services 
(whether provided on a fee-for-service, risk, or 
other basis) under a State Medicaid program 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) (including any waiver or 
demonstration under such title or under section 
1115 of such Act (42 U.S.C. 1315) relating to 
such title), and includes an individual who be-
comes eligible for medical assistance under a 
State Medicaid program when removed from a 
waiting list: 
(i) Home health care services author-
ized under paragraph (7) of section 
1905(a) of the Social Security Act (42 
U.S.C. 1396d(a)). 
(ii) Personal care services authorized 
under paragraph (24) of such section. 
(iii) PACE services authorized under 
paragraph (26) of such section. 
(iv) Home and community-based serv-
ices authorized under subsections (b), (c), 
(i), (j), and (k) of section 1915 of such Act 
(42 U.S.C. 1396n), such services author-
ized under a waiver under section 1115 of 
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such Act (42 U.S.C. 1315), and such serv-
ices provided through coverage authorized 
under section 1937 of such Act (42 U.S.C. 
1396u–7). 
(v) Case management services author-
ized under section 1905(a)(19) of the So-
cial Security Act (42 U.S.C. 1396d(a)(19)) 
and section 1915(g) of such Act (42 
U.S.C. 1396n(g)). 
(vi) Rehabilitative services, including 
those related to behavioral health, de-
scribed in section 1905(a)(13) of such Act 
(42 U.S.C. 1396d(a)(13)). 
(vii) Such other services specified by 
the Secretary of Health and Human Serv-
ices. 
(8) ON-CALL.—The term ‘‘on-call’’, with respect 
to a domestic employee, means any period of time 
that the employer of the domestic employee requires 
the domestic employee to— 
(A) be available to work; and 
(B) wait to contact, or to be contacted by, 
the employer to determine whether the domestic 
employee will be required to report to work dur-
ing that period of time. 
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vidual, including the amount, duration, scope, pro-
vider, and location of the services. 
(14) SHARED
LIVING
ARRANGEMENT.—The 
term ‘‘shared living arrangement’’ means a living ar-
rangement involving— 
(A) not more than 2 individuals who are 
an individual with a disability or a Medicaid 
HCBS-eligible elderly individual, except if 1 or 
more of the individuals are related to each 
other (by blood or a close association that is 
equivalent to a family relationship); 
(B) an individual providing services for 
compensation and living in the private home of 
the recipient of such services; 
(C) 
an 
individual 
receiving 
funding 
through a State Medicaid program under title 
XIX of the Social Security Act (42 U.S.C. 1396 
et seq.), or another publicly funded program; 
(D) a stipend or room and board as the 
primary form of payment for the individual pro-
viding such services; and 
(E) the individual receiving such services 
having the final decision regarding who is the 
provider of such services living with the indi-
vidual, through a consumer-driven matching 
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process that includes relationship building, per-
son-centered planning as defined by the Admin-
istrator of the Centers for Medicare & Medicaid 
Services, and an assessment of individual com-
patibility. 
(15) SPOUSE.—The term ‘‘spouse’’, with re-
spect to an individual, means another individual with 
whom the individual entered into a marriage (includ-
ing a common law or same-sex marriage)— 
(A) as defined or recognized under the law 
in the State in which the marriage was entered 
into; or 
(B) that, in the case of a marriage entered 
into outside of any State, is recognized in the 
place where entered into and could have been 
entered into in at least 1 State. 
SEC. 4. RULEMAKING AUTHORITY. 
The Secretary shall have the authority to promulgate 
rules to carry out this Act. 
SEC. 5. RULE OF CONSTRUCTION. 
For purposes of this Act, any domestic services per-
formed by a domestic employee for an employer are con-
sidered to affect commerce. 
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TITLE I—DOMESTIC EMPLOYEE 
RIGHTS AND PROTECTIONS 
Subtitle A—Amendments to the 
Fair Labor Standards Act of 1938 
SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC 
EMPLOYEES. 
Section 13(b)(21) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 213(b)(21)) is repealed. 
SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION 
NOTICES AND COMMUNICATIONS. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 7 (29 U.S.C. 207) the following: 
‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO-
TICES AND COMMUNICATIONS. 
‘‘(a) DEFINITION
OF
LIVE-IN
DOMESTIC
EM-
PLOYEE.—In this section, the term ‘live-in domestic em-
ployee ’ means any employee who is employed in domestic 
service in a household and resides in such household. 
‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES-
TIC EMPLOYEES.— 
‘‘(1) IN GENERAL.—If an employer terminates 
the employment of a live-in domestic employee, the 
employer shall, except as provided in paragraph (3), 
provide the live-in domestic employee with— 
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‘‘(A) written notice of the termination not 
later than 48 hours after such termination; and 
‘‘(B)(i) not less than 30 calendar days of 
lodging at— 
‘‘(I) the household premises of the 
employer, as customarily provided by the 
employer; or 
‘‘(II) another premise of a comparable 
lodging condition; or 
‘‘(ii) severance pay in an amount equiva-
lent to the average earnings of the live-in do-
mestic employee for 2 weeks of employment 
during the preceding 6 months. 
‘‘(2) OFFSITE LODGING OR SEVERANCE.—If an 
employer chooses to provide a live-in domestic em-
ployee who is terminated, as described in paragraph 
(1), lodging described in paragraph (1)(B)(i)(II), or 
severance pay described in paragraph (1)(B)(ii), the 
employer shall allow the live-in domestic employee 
not less than 48 hours after the notice provided 
under paragraph (1)(A) to vacate the household of 
the employer. 
‘‘(3) EXCEPTION.— 
‘‘(A) IN
GENERAL.—The requirements 
under paragraph (1) shall not be required in a 
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case involving a good faith allegation described 
in subparagraph (B) that the live-in domestic 
employee has engaged in abuse or neglect, or 
caused any other harmful conduct, against the 
employer, any member of the family of the em-
ployer, or any individual residing in the house-
hold of the employer. 
‘‘(B) GOOD FAITH ALLEGATIONS.—A good 
faith allegation described in this subparagraph 
shall be— 
‘‘(i) made in writing and provided to 
the live-in domestic employee not later 
than 48 hours after the employer has 
knowledge of the conduct of the live-in do-
mestic employee resulting in the allegation; 
‘‘(ii) supported by a reasonable basis 
and belief; and 
‘‘(iii) made without reckless disregard 
or willful ignorance of the truth. 
‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM-
PLOYEES.— 
‘‘(1) IN GENERAL.—If an employer requires an 
employee to be a live-in domestic employee, the em-
ployer shall— 
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‘‘(A) provide the live-in domestic employee 
with the ability, and reasonable opportunity, to 
access telephone and internet services in accord-
ance with paragraph (2); and 
‘‘(B) without interference by the employer, 
permit the live-in domestic employee to send 
and receive communications by text message, 
social media, electronic or regular mail, and 
telephone calls. 
‘‘(2) TELEPHONE AND INTERNET SERVICES.— 
‘‘(A) EMPLOYER WITH SERVICES.—If an 
employer requires an employee to be a live-in 
domestic employee and has telephone or inter-
net services for the household of the employer, 
the employer shall provide the live-in domestic 
employee with reasonable access to such serv-
ices without charge to the employee. 
‘‘(B) EMPLOYER WITHOUT SERVICES.—If 
an employer requires an employee to be a live- 
in domestic employee and does not have tele-
phone or internet services for the household of 
the employer, the employer— 
‘‘(i) shall provide the live-in domestic 
employee with a reasonable opportunity to 
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access such services at another location; 
and 
‘‘(ii) shall not be required to pay for 
such services.’’. 
(b) CONFORMING AMENDMENT.—Section 10 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re-
pealed. 
SEC. 103. ENFORCEMENT. 
(a) PROHIBITED ACT.—Section 15(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 215(a)) is 
amended— 
(1) in paragraph (5), by striking ‘‘; and’’; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) to violate any provision of section 8, in-
cluding any regulation or order issued by the Sec-
retary under that section.’’. 
(b) PENALTIES.—Section 16 of such Act (29 U.S.C. 
216) is amended— 
(1) in subsection (b), by inserting ‘‘Any em-
ployer who violates section 8(b) shall be liable to the 
employee affected in an amount of severance pay 
that is calculated, with respect to the employee, in 
accordance with section 8(b)(1)(B)(ii), and in an ad-
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ditional equal amount as liquidated damages. Any 
employer who violates section 8(c) shall be liable to 
the employee affected in an amount that is not to 
exceed $2,000 for each violation.’’ after the third 
sentence; and 
(2) in subsection (c), by adding at the end the 
following: ‘‘The authority and requirements de-
scribed in this subsection shall also apply with re-
spect to a violation of section 8, as appropriate, and 
the employer shall be liable for the amounts de-
scribed in subsection (b) for violations of such sec-
tion.’’. 
(c) INJUNCTION PROCEEDINGS.—Section 17 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 217) is 
amended by striking ‘‘(except sums’’ and inserting ‘‘and 
in the case of violations of section 15(a)(7) the restraint 
of any withholding of severance pay and other damages 
found by the court to be due to employees under this Act 
(except, in either case, sums’’. 
(d) STATUTE OF LIMITATIONS.—Section 6 of the 
Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, 
in the matter preceding subsection (a), by inserting ‘‘(and 
any cause of action to enforce section 8 of such Act)’’ after 
‘‘under the Fair Labor Standards Act of 1938, as amend-
ed’’. 
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Subtitle B—Domestic Employee 
Rights 
SEC. 110. WRITTEN AGREEMENTS. 
(a) COVERED DOMESTIC EMPLOYEE.—In this sec-
tion, the term ‘‘covered domestic employee’’ means any do-
mestic employee to whom the employer of the domestic 
employee expects to provide compensation for the perform-
ance of domestic services by the domestic employee for not 
less than 8 hours per week. 
(b) REQUIREMENT.—Each employer shall provide a 
written agreement in accordance with this section to each 
covered domestic employee employed by the employer. 
(c) WRITTEN AGREEMENT REQUIREMENTS.—A writ-
ten agreement required under this section shall— 
(1) be signed and dated by the covered domestic 
employee and the employer; 
(2) be written in— 
(A) a language easily and fully understood 
by the covered domestic employee and the em-
ployer, which may be in multiple languages if 
the employee and the employer do not easily 
and fully understand the same language; and 
(B) plain language; 
(3) include the contents described in subsection 
(d); and 
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(4) be provided in accordance with subsection 
(e). 
(d) CONTENTS OF THE WRITTEN AGREEMENT.— 
(1) IN GENERAL.—The contents described in 
this subsection shall include each of the following: 
(A) The full name, address, and contact 
information of the employer, including, as ap-
propriate, any ‘‘doing business as’’ name of the 
employer and the name of each individual of the 
employer who will be doing business with the 
covered domestic employee. 
(B) The address for the location where the 
covered domestic employee will be providing do-
mestic services for the employer. 
(C) All responsibilities to be performed by 
the covered domestic employee for the employer, 
and the regularity in which such responsibilities 
are to be performed. 
(D) The hourly pay rate of the covered do-
mestic employee for any work week, including 
the overtime pay rate. 
(E) The day of the week when the covered 
domestic employee will be paid. 
(F) The required working hours for any 
work week, including— 
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(i) the time of day and day of week 
the work of the covered domestic employee 
begins; 
(ii) meal and rest breaks described in 
section 115; 
(iii) time off, including paid holidays 
and paid vacations; 
(iv) the work schedule of the employee 
at the time of hire, including— 
(I) the time of day and the days 
of the week the covered domestic em-
ployee will be expected to work for the 
employer each week; or 
(II) if the time of day or the days 
of the week that the domestic em-
ployee will be expected to work for the 
employer will vary from week to week, 
information regarding a good faith es-
timate of the days and hours for 
which the covered domestic employee 
will be expected to work for the em-
ployer each week, including, at min-
imum— 
(aa) the average number of 
hours the covered domestic em-
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ployee will be expected to work 
for the employer each week dur-
ing a typical 90-day period; 
(bb) whether the covered do-
mestic employee can expect to be 
on-call; 
(cc) a subset of days the 
covered domestic employee can 
typically expect to work (or to be 
scheduled as off from work) for 
the employer; and 
(dd) the amount of notice 
that the employer will provide to 
the domestic employee in advance 
of scheduled work hours (as de-
fined in section 112(a)), which 
shall not be less than 72 hours 
before such scheduled work hours 
are to begin (except during a pe-
riod described in subparagraph 
(A) of section 112(e)(1), in a 
case described in subparagraph 
(B) of such section, or in the 
case of a shared living arrange-
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ment), and the manner in which 
such notice shall be provided; 
(v) how the employer will provide pay 
for last-minute changes to scheduled work 
hours as described in section 112(c); and 
(vi) how the employee can request and 
receive a change to scheduled work hours 
due to personal events as described in sec-
tion 113. 
(G) Information about policies, procedures, 
and equipment related to safety and emer-
gencies. 
(H) The policy of the employer pertaining 
to notice of termination of the covered domestic 
employee by the employer. 
(I) A description of the process for the cov-
ered domestic employee to raise or address 
grievances with respect to, or breaches of, the 
written agreement, including that the grievance 
process shall not be construed to be an exhaus-
tion of remedies requirement and shall not pre-
vent the domestic employee from going directly 
to a relevant enforcement agency or a court to 
enforce any right conferred by this Act or an-
other law. 
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(J) In the case of a covered domestic em-
ployee who resides in the household of the per-
son for whom the domestic employee provides 
domestic services— 
(i) the circumstances under which the 
employer may enter the designated living 
space of the domestic employee; 
(ii) the circumstances under which the 
covered domestic employee, in a shared liv-
ing arrangement, may enter the designated 
living space of the employer; and 
(iii) a description of certain cir-
cumstances the employer determines as 
cause for— 
(I) immediate termination of the 
covered domestic employee; and 
(II) subject (as applicable) to 
section 8(b) of the Fair Labor Stand-
ards Act of 1938, removal of the cov-
ered domestic employee from the 
household of the person for whom the 
employee provides domestic services 
not later than 48 hours after notice of 
the termination. 
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(K) If applicable, any policies of the em-
ployer with respect to the covered domestic em-
ployee for— 
(i) paying for or providing reimburse-
ment for— 
(I) health insurance; 
(II) transportation, meals, or 
lodging; or 
(III) any fees or costs associated 
with the domestic services provided by 
the covered domestic employee for the 
employer; 
(ii) annual or other pay increases; 
(iii) severance pay; and 
(iv) providing materials or equipment 
related to the performance of domestic 
service by the covered domestic employee, 
including (if applicable) any cleaning sup-
plies provided by the employer. 
(L) Any other benefits afforded to the cov-
ered domestic employee by the employer. 
(M) A description of the process used by 
the employer to change any policy described in 
subparagraphs (A) through (L), including ad-
dressing additional compensation if responsibil-
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ities are added to those described in subpara-
graph (C), after the date on which the written 
agreement is provided to the domestic employee. 
(2) PROHIBITIONS.—A written agreement re-
quired under this section may not— 
(A) contain— 
(i) a predispute arbitration agreement 
(as such term is defined in section 401 of 
title 9, United States Code) for claims 
made by a covered domestic employee 
against an employer regarding the legal 
rights of the employee; or 
(ii) a nondisclosure agreement, non-
compete agreement, or nondisparagement 
agreement that limits the ability of the 
covered domestic employee to seek com-
pensation for performing domestic services 
after the employee ceases to receive com-
pensation from the employer for the per-
formance of domestic services; and 
(B) be construed to waive the rights or 
protections of a domestic employee under Fed-
eral, State, or local law. 
(e) TIMING.— 
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(1) INITIAL AGREEMENT.—An employer shall 
provide a written agreement required under this sec-
tion— 
(A) to each covered domestic employee 
hired by the employer after the date of enact-
ment of this Act on a day that, at the discretion 
of the employer, is— 
(i) not more than 5 days after the 
covered domestic employee is hired; or 
(ii) the day before the first day that 
the covered domestic employee performs 
domestic services for the employer; and 
(B) to each covered domestic employee 
hired on or before the date of enactment of this 
Act, not more than 180 days after such date of 
enactment. 
(2) SUBSEQUENT
AGREEMENTS.—Not later 
than 30 calendar days after the date on which an 
employer makes a change to a written agreement 
provided to a covered domestic employee under this 
section, the employer shall provide the domestic em-
ployee with an updated agreement in accordance 
with this section. 
(f) RECORDS.—An employer that is required to pro-
vide a written agreement under this section to a covered 
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domestic employee shall retain such agreement for a pe-
riod of not less than 3 years from the date on which the 
covered domestic employee is no longer working for the 
employer. 
(g) MODEL WRITTEN AGREEMENTS.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall establish and make available templates 
for model written agreements under this section. 
(2) REQUIREMENTS.—A model written agree-
ment required under paragraph (1) shall be available 
in multiple languages commonly understood by do-
mestic employees, including all languages in which 
the Secretary, acting through the Administrator of 
the Wage and Hour Division, translates a basic in-
formation fact sheet published by the Administrator. 
SEC. 111. EARNED SICK DAYS. 
(a) DEFINITIONS.—In this section: 
(1) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’— 
(A) has the meaning given the term in sec-
tion 40002(a) of the Violence Against Women 
Act of 1994 (34 U.S.C. 12291(a)), except that 
the reference in such section to the term ‘‘juris-
diction receiving grant funding’’ shall be 
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deemed to mean the jurisdiction in which the 
victim lives or the jurisdiction in which the em-
ployer of the domestic employee involved is lo-
cated; and 
(B) includes dating violence, as that term 
is defined in such section. 
(2) DOMESTIC EMPLOYEE.—The term ‘‘domes-
tic employee’’ means a domestic employee, as defined 
in section 3(b), other than an individual providing 
domestic services through a shared living arrange-
ment. 
(3) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
made available to a domestic employee by the em-
ployer that employs the domestic employee, including 
group life insurance, health insurance, disability in-
surance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(4) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means a provider who— 
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(A) is— 
(i) a doctor of medicine or osteopathy 
who is authorized to practice medicine or 
surgery (as appropriate) by the State in 
which the doctor practices; or 
(ii) any other person determined by 
the Secretary to be capable of providing 
health care services; and 
(B) is not employed by the employer for 
whom the provider issues certification under 
this section. 
(5) PAID
SICK
TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave that 
can be earned by a domestic employee for use during 
an absence from employment for any of the reasons 
described in subparagraphs (A) through (D) of sub-
section (b)(2). 
(6) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (34 U.S.C. 12291(a)). 
(7) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002(a) of the 
Violence Against Women Act of 1994 (34 U.S.C. 
12291(a)). 
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(8) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, sexual as-
sault, or stalking or advocates for such victims, in-
cluding a rape crisis center, an organization carrying 
out a domestic violence, sexual assault, or stalking 
prevention or treatment program, an organization 
operating a shelter or providing counseling services, 
or a legal services organization or other organization 
providing assistance through the legal process. 
(b) EARNED PAID SICK TIME.— 
(1) EARNING OF TIME.— 
(A) IN GENERAL.—An employer shall pro-
vide each domestic employee employed by the 
employer not less than 1 hour of earned paid 
sick time for every 30 hours worked, to be used 
as described in paragraph (2). An employer 
shall not be required to permit a domestic em-
ployee to earn, under this subsection, more than 
56 hours of paid sick time in a calendar year, 
unless the employer chooses to set a higher 
limit. 
(B) DATES FOR BEGINNING TO EARN PAID 
SICK TIME AND USE.— 
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(i) IN
GENERAL.—A domestic em-
ployee— 
(I) shall begin to earn paid sick 
time under this subsection at the com-
mencement of their employment; and 
(II) except as provided in clause 
(ii), may use that earned paid sick 
time in accordance with this sub-
section. 
(ii) WAITING
PERIOD
FOR
USE
OF 
EARNED PAID SICK TIME.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II) and subpara-
graph (F), a domestic employee may 
not use any paid sick time earned 
under this subsection before the day 
that is the 60th calendar day after 
commencement of the domestic em-
ployee’s employment. 
(II) ADVANCE FOR SICK TIME.— 
An employer may— 
(aa) loan paid sick time to a 
domestic employee employed by 
the employer for use by such do-
mestic employee in advance of 
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the domestic employee earning 
such sick time; and 
(bb) notwithstanding sub-
clause (I), permit use of earned 
sick time by a domestic employee 
before the 60th day of employ-
ment of the domestic employee. 
(C) CARRYOVER.—Paid sick time earned 
under this subsection shall carry over from one 
year to the next. 
(D) EMPLOYERS
WITH
EXISTING
POLI-
CIES.—Any employer with a paid leave policy 
who makes available an amount of paid leave 
that is sufficient to meet the requirements of 
this subsection and that may be used for the 
same purposes and under the same conditions 
as the purposes and conditions outlined in para-
graph (2) shall not be required to permit a do-
mestic employee employed by the employer to 
earn additional paid sick time under this sub-
section. 
(E) CONSTRUCTION.—Nothing in this sub-
section shall be construed as requiring financial 
or other reimbursement to a domestic employee 
from an employer upon the domestic employee’s 
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termination, resignation, retirement, or other 
separation from employment with the employer 
for earned paid sick time that has not been 
used. 
(F) REINSTATEMENT.—If a domestic em-
ployee is separated from employment with an 
employer and is rehired for employment, within 
12 months after that separation, by the same 
employer, the employer shall reinstate the do-
mestic employee’s previously earned paid sick 
time. Notwithstanding subparagraph (B)(ii)(I), 
the domestic employee shall be entitled to use 
the earned paid sick time and earn additional 
paid sick time at the recommencement of em-
ployment with the employer. 
(G) PROHIBITION.—An employer may not 
require, as a condition of providing paid sick 
time under this subsection, that the domestic 
employee involved search for or find a replace-
ment to cover the hours during which the do-
mestic employee is using paid sick time. 
(2) USES.—Paid sick time earned under this 
subsection may be used by a domestic employee for 
any of the following: 
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individual in obtaining psychological or 
other counseling; 
(iv) seek relocation; or 
(v) take legal action, including pre-
paring for or participating in any civil or 
criminal legal proceeding related to or re-
sulting from domestic violence, sexual as-
sault, or stalking. 
(3) PROCEDURES.— 
(A) IN GENERAL.—Paid sick time shall be 
provided upon the oral or written request of a 
domestic employee. Such request shall— 
(i) include the expected duration of 
the period of such time; and 
(ii) be— 
(I) in a case in which the need 
for such period of time is foreseeable 
at least 7 days in advance of such pe-
riod, provided at least 7 days in ad-
vance of such period; or 
(II) otherwise, provided as soon 
as practicable after the domestic em-
ployee is aware of the need for such 
period. 
(B) CERTIFICATION IN GENERAL.— 
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(i) PROVISION.— 
(I) IN
GENERAL.—Subject to 
clause (iv), an employer may require 
that a request for paid sick time 
under this subsection for a purpose 
described in subparagraph (A), (B), 
or (C) of paragraph (2) be supported 
by a certification issued by the health 
care provider of the eligible domestic 
employee or of an individual described 
in paragraph (2)(C), as appropriate, if 
the period of such time covers more 
than 3 consecutive workdays. 
(II) TIMELINESS.—The domestic 
employee shall provide a copy of such 
certification to the employer in a 
timely manner, not later than 30 days 
after the first day of the period of 
time. The employer shall not delay the 
commencement of the period of time 
on the basis that the employer has not 
yet received the certification. 
(ii) SUFFICIENT
CERTIFICATION.—A 
certification provided under clause (i) shall 
be sufficient if it states— 
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(I) the date on which the period 
of paid sick time will be needed; 
(II) the probable duration of the 
period of time; 
(III) for purposes of paid sick 
time under paragraph (2)(A), a state-
ment that absence from work is medi-
cally necessary; 
(IV) for purposes of such time 
under paragraph (2)(B), the dates on 
which testing for a medical diagnosis 
or care is expected to be given the du-
ration of such testing or care; and 
(V) for purposes of such time 
under paragraph (2)(C), in the case of 
time to care for someone who is not a 
child, a statement that care is needed 
for an individual described in such 
paragraph, and an estimate of the 
amount of time that such care is 
needed for such individual. 
(iii) REGULATIONS.—The Secretary 
shall prescribe regulations that shall speci-
fy the manner in which a domestic em-
ployee who does not have health insurance 
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shall provide a certification for purposes of 
this subparagraph. 
(iv) CONFIDENTIALITY
AND
NON-
DISCLOSURE.— 
(I) PROTECTED HEALTH INFOR-
MATION.—Nothing in this section 
shall be construed to require a health 
care provider to disclose information 
in violation of section 1177 of the So-
cial Security Act (42 U.S.C. 1320d–6) 
or the regulations promulgated pursu-
ant to section 264(c) of the Health 
Insurance Portability and Account-
ability Act of 1996 (42 U.S.C. 
1320d–2 note). 
(II) 
HEALTH
INFORMATION 
RECORDS.—If an employer possesses 
health information about a domestic 
employee or a domestic employee’s 
child, parent, spouse, or domestic 
partner or another individual related 
to the domestic employee as described 
in paragraph (2)(C), such information 
shall— 
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(aa) be maintained on a sep-
arate form and in a separate file 
from other personnel informa-
tion; 
(bb) be treated as a con-
fidential medical record; and 
(cc) not be disclosed except 
to the affected domestic employee 
or with the permission of the af-
fected domestic employee. 
(C) CERTIFICATION IN THE CASE OF DO-
MESTIC
VIOLENCE, 
SEXUAL
ASSAULT, 
OR 
STALKING.— 
(i) IN GENERAL.—An employer may 
require that a request for paid sick time 
under this subsection for a purpose de-
scribed in paragraph (2)(D) be supported 
by a form of documentation described in 
clause (ii) if the period of such time covers 
more than 3 consecutive workdays. 
(ii) FORM
OF
DOCUMENTATION.—A 
form of documentation described in this 
subparagraph is any one of the following: 
(I) A police report indicating that 
the domestic employee, or individual 
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described in paragraph (2)(D), was a 
victim of domestic violence, sexual as-
sault, or stalking. 
(II) A court order protecting or 
separating the domestic employee, or 
individual described in paragraph 
(2)(D), from the perpetrator of an act 
of domestic violence, sexual assault, or 
stalking, or other evidence from the 
court or prosecuting attorney that the 
domestic employee, or individual de-
scribed in paragraph (2)(D), has ap-
peared in court or is scheduled to ap-
pear in court in a proceeding related 
to domestic violence, sexual assault, or 
stalking. 
(III) Other documentation signed 
by an employee or volunteer working 
for a victim services organization, an 
attorney, a police officer, a medical 
professional, a social worker, an 
antiviolence counselor, or a member of 
the clergy, affirming that the domestic 
employee, or individual described in 
paragraph (2)(D), is a victim of do-
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mestic violence, sexual assault, or 
stalking. 
(iii) REQUIREMENTS.—The require-
ments of subparagraph (B) shall apply to 
certifications under this paragraph, except 
that— 
(I) subclauses (III) through (V) 
of clause (ii) of such subparagraph 
shall not apply; 
(II) the certification shall state 
the reason that the leave is required 
with the facts to be disclosed limited 
to the minimum necessary to establish 
a need for the domestic employee to 
be absent from work, and the domes-
tic employee shall not be required to 
explain the details of the domestic vio-
lence, sexual assault, or stalking in-
volved; and 
(III) with respect to confiden-
tiality under clause (iv) of such sub-
paragraph, any information provided 
to the employer under this subpara-
graph shall be confidential, except to 
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the extent that any disclosure of such 
information is— 
(aa) requested or consented 
to in writing by the domestic em-
ployee; or 
(bb) otherwise required by 
applicable Federal or State law. 
(iv) SPECIFICATION OF DOCUMENTA-
TION.—An employer may not specify which 
of the forms of documentation described in 
subclause (I), (II), or (III) of clause (ii) is 
required to be provided in order to satisfy 
the requirement under clause (i). 
(c) CONSTRUCTION AND APPLICATION.— 
(1) EFFECT ON OTHER LAWS.— 
(A) FEDERAL AND STATE ANTI-DISCRIMI-
NATION LAWS.—Nothing in this section shall be 
construed to modify or affect any Federal or 
State law prohibiting discrimination on the 
basis of race, religion, color, national origin, sex 
(including sexual orientation and gender iden-
tity), age, disability, marital status, familial sta-
tus, or any other protected status. 
(B) STATE AND LOCAL LAWS.—Nothing in 
this section shall be construed to supersede (in-
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cluding preempting) any provision of any State 
or local law that provides greater paid sick time 
or leave rights (including greater amounts of 
paid sick time or leave or greater coverage of 
those eligible for paid sick time or leave) than 
the rights established under this section. 
(2) EFFECT ON EXISTING EMPLOYMENT BENE-
FITS.— 
(A) MORE PROTECTIVE.—Nothing in this 
section shall be construed to diminish the obli-
gation of an employer to comply with any con-
tract, collective bargaining agreement, or em-
ployment benefit program or plan that provides 
greater paid sick leave or other leave rights to 
domestic employees or other individuals than 
the rights established under this section. 
(B) LESS PROTECTIVE.—The rights estab-
lished for domestic employees under this section 
shall not be diminished by any contract, any 
collective bargaining agreement, or any employ-
ment benefit program or plan. 
(d) EFFECTIVE DATE.—This section, other than sub-
section (b)(4)(B)(iii), takes effect 2 years after the date 
of enactment of this Act. 
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SEC. 112. FAIR SCHEDULING PRACTICES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED DOMESTIC EMPLOYEE.—The term 
‘‘covered domestic employee’’ has the meaning given 
the term in section 110(a). 
(2) SCHEDULED
WORK
HOURS.—The term 
‘‘scheduled work hours’’ means the hours on a speci-
fied day during which a domestic employee is, 
through a written agreement or schedule, required 
by the employer of the domestic employee to perform 
domestic services for the employer and for which the 
domestic employee will receive compensation for such 
services. 
(b) REQUIREMENT FOR NOTICE OF COVERED DO-
MESTIC EMPLOYEE.—In the case of a covered domestic 
employee of an employer, the employer shall provide the 
covered domestic employee notice of the scheduled work 
hours of such employee through— 
(1) a written agreement described in subclause 
(I) of section 110(d)(1)(F)(iv) regarding a schedule 
of the time of day and the days of the week the cov-
ered domestic employee is expected to work for the 
employer each week; or 
(2) a schedule agreed upon by the employer and 
the covered domestic employee provided in the 
amount of time specified in accordance with a writ-
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work hours the domestic employee does not 
work due to the employer canceling or reducing 
the scheduled work hours of the domestic em-
ployee at a time that is less than 72 hours prior 
to the commencement of such scheduled work 
hours, unless the employer— 
(i) is an individual with a disability 
relying on the domestic employee for dis-
ability supports and services (or an em-
ployer supporting an individual with a dis-
ability); and 
(ii) requests the domestic employee to 
consent to work alternative, equivalent 
scheduled work hours within a 7-day pe-
riod and the employee consents to work 
such alternative, equivalent hours. 
(d) RIGHT TO DECLINE SCHEDULE CHANGES.— 
(1) IN GENERAL.—If an employer intends to 
schedule a covered domestic employee for work dur-
ing hours that are identified as hours in which the 
employee can typically expect to be scheduled as off 
from work in accordance with the written agreement 
under section 110(d)(1)(F)(iv)(I) or are identified as 
hours outside of the good faith estimate under sec-
tion 110(d)(1)(F)(iv)(II)(cc)), the employer shall ob-
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tain the written consent of the covered domestic em-
ployee to work such hours prior to the commence-
ment of such work. 
(2) CONSENT.—A covered domestic employee 
may provide written consent under paragraph (1) in 
an electronic format. 
(e) EXCEPTIONS.— 
(1) IN GENERAL.—Notwithstanding any provi-
sion in this section, the requirements under sub-
section (c) shall not apply— 
(A) during any period in which the oper-
ations of the employer cannot begin or continue 
due to— 
(i) a fire, flood, or other natural dis-
aster; 
(ii) a major disaster or emergency de-
clared by the President under section 401 
or 501, respectively, of the Robert T. Staf-
ford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170, 5191) or a 
state of emergency declared by a Governor 
of a State or chief official of a unit of local 
government; or 
(iii) a severe weather condition that 
poses a threat to employee safety; or 
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(B) in a case in which— 
(i) the domestic employee voluntarily 
requested in writing a change to the sched-
uled work hours of the employee; or 
(ii) the employer changes the sched-
uled work hours of a domestic employee 
due to— 
(I) a medical emergency requir-
ing the emergency medical treatment 
or hospitalization of the individual for 
whom the domestic employee is per-
forming domestic services or a child, a 
parent, a spouse, or a domestic part-
ner of such individual or any other in-
dividual related by blood or affinity 
whose close association with such indi-
vidual is the equivalent of a family re-
lationship; or 
(II) the risk of contagion or a 
quarantine requirement related to a 
public 
health 
emergency 
declared 
under section 319 of the Public 
Health Service Act (42 U.S.C. 247d). 
(2) SHARED LIVING ARRANGEMENT.—Notwith-
standing any provision in this section, the require-
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ments under this section shall not apply to a shared 
living arrangement. 
(f) EFFECTIVE DATE.—This section shall take effect 
on the date that is 2 years after the date of enactment 
of this Act. 
SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY 
CHANGES TO SCHEDULED WORK HOURS DUE 
TO PERSONAL EVENTS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED DOMESTIC EMPLOYEE.—The term 
‘‘covered domestic employee’’ has the meaning given 
the term in section 110(a). 
(2) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
111(a). 
(3) PERSONAL
EVENT.—The term ‘‘personal 
event’’, with respect to a covered domestic employee, 
means— 
(A) an event resulting in the need of the 
covered domestic employee to serve as a care-
giver for an individual related to the covered 
domestic employee by blood or affinity or whose 
close association with the covered domestic em-
ployee is the equivalent of a family relationship; 
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(B) an event resulting from the obligation 
of a covered domestic employee to attend a legal 
proceeding or hearing for subsistence benefits, 
including benefits under the supplemental nutri-
tion assistance program established under the 
Food and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.) or under a State program for 
temporary assistance for needy families estab-
lished under part A of title IV of the Social Se-
curity Act (42 U.S.C. 601 et seq.), to which the 
employee, or an individual related to the em-
ployee as described in subparagraph (A), is a 
party or witness; or 
(C) any circumstance that would constitute 
a basis for permissible use of safe time or fam-
ily, medical, or sick leave, as determined based 
on the policy of the employer of the covered do-
mestic employee. 
(4) SAFE TIME.—The term ‘‘safe time’’, with 
respect to a covered domestic employee, means an 
absence from work of the employee resulting from 
domestic violence, sexual assault, or stalking, if the 
absence is to— 
(A) seek medical attention for the em-
ployee or a child, parent, spouse, or domestic 
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partner of the employee, or any other individual 
related to the employee by blood or affinity 
whose close association with the employee is the 
equivalent of a family relationship, in order to 
recover from physical or psychological injury or 
disability caused by domestic violence, sexual 
assault, or stalking; 
(B) obtain, or assist a child, parent, 
spouse, domestic partner, or other individual 
described in subparagraph (A) in obtaining, 
services from a victim services organization; 
(C) obtain, or assist a child, parent, 
spouse, domestic partner, or other individual 
described in subparagraph (A) in obtaining, 
psychological or other counseling; 
(D) seek relocation for the employee or a 
child, parent, spouse, domestic partner, or other 
individual described in subparagraph (A); or 
(E) take legal action, including preparing 
for or participating in any civil or criminal legal 
proceeding related to or resulting from domestic 
violence, sexual assault, or stalking, of the em-
ployee or a child, parent, spouse, domestic part-
ner, or other individual described in subpara-
graph (A). 
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(5) SCHEDULED
WORK
HOURS.—The term 
‘‘scheduled work hours’’ has the meaning given such 
term in section 112(a), except that references in 
such section to the term ‘‘domestic employee’’ shall 
be deemed to be a reference to the term ‘‘covered 
domestic employee’’. 
(6) SEXUAL ASSAULT; STALKING.—The terms 
‘‘sexual assault’’ and ‘‘stalking’’ have the meanings 
given such terms in section 111(a). 
(7) TEMPORARY
CHANGE.—The term ‘‘tem-
porary change’’, with respect to a change in the 
scheduled work hours of a covered domestic em-
ployee, means a limited alteration in the hours or 
dates that, or locations where, a employee is sched-
uled to work, including such an alteration involving 
using paid time off, trading work hours with another 
individual, shifting work hours, or using short-term 
unpaid leave. 
(b) REQUEST.— 
(1) IN GENERAL.—In accordance with this sub-
section, for each calendar year, an employer shall, 
upon request of a covered domestic employee of the 
employer, grant to the covered domestic employee 
not less than— 
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(A) 2 requests for a temporary change, 
covering not more than 1 work day per request, 
to the scheduled work hours of the employee 
due to a personal event; or 
(B) 1 request for a temporary change, cov-
ering not more than 2 work days, to the sched-
uled work hours of the employee due to a per-
sonal event. 
(2) NOTIFICATION OF REQUEST.— 
(A) IN GENERAL.—A covered domestic em-
ployee who requests a temporary change to the 
scheduled work hours of the employee due to a 
personal event under this subsection shall— 
(i) notify the employer or direct su-
pervisor of such employee, as soon as the 
employee becomes aware of the need for 
the temporary change and inform the em-
ployer or supervisor that the change is due 
to a personal event; and 
(ii) unless the employee seeks leave 
without pay, make a proposal regarding 
how the covered domestic employee will 
make the temporary change to the sched-
uled work hours of the employee (such as 
by using the any earned paid time off of 
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the domestic employee or by trading work 
hours). 
(B) FORMAT OF NOTIFICATION.—A notifi-
cation under subparagraph (A)(i) need not be 
in writing. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 2 years after the date of enactment 
of this Act. 
SEC. 114. PRIVACY. 
(a) IN GENERAL.—An employer shall not— 
(1) monitor or record a domestic employee of 
the employer while such domestic employee is— 
(A) using restroom or bathing facilities; 
(B) in the private living quarters of the 
employee; or 
(C) engaging in any activities associated 
with the dressing, undressing, or changing of 
clothes of the employee; 
(2) subject to subsection (b), restrict or inter-
fere with, or monitor, the private communications of 
such domestic employee; or 
(3) take possession of any documents or other 
personal effects of such domestic employee. 
(b) 
PRIVATE
COMMUNICATIONS.—An 
employer 
may— 
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(1) restrict, interfere with, or monitor the pri-
vate communications of a domestic employee of the 
employer if the employer has a reasonable belief that 
such communications significantly interfere with the 
domestic employee’s performance of expected duties; 
and 
(2) establish reasonable restrictions on the pri-
vate communications of the domestic employee while 
such employee is performing domestic services for 
the employer. 
(c) RELATION TO OTHER LAWS.—This section shall 
not preclude liability under any other law. 
(d) DEFINITION OF PRIVATE COMMUNICATIONS.—In 
this section, the term ‘‘private communications’’ means 
any communication through telephone or internet services, 
including sending and receiving communications by text 
message, social media, electronic mail, and telephone, with 
an entity or individual other than the employer. 
SEC. 115. BREAKS FOR MEALS AND REST. 
(a) MEAL BREAKS.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), an employer shall not require a domestic 
employee to work more than 5 hours for such em-
ployer without an uninterrupted meal break of not 
less than 30 minutes. The number of hours worked 
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by a domestic employee for purposes of this para-
graph shall be calculated without regard to any rest 
break the employee takes and to which the employee 
has a right under subsection (b). 
(2) RATE OF PAY.—An employer shall pay a 
domestic employee for a meal break under para-
graph (1) at the regular rate of pay of the domestic 
employee unless the domestic employee is relieved of 
all duty for not less than 30 minutes during the 
meal break and is permitted to leave the work site 
during such break. 
(3) PAID MEAL BREAK.—Except as provided in 
subsection (c), for any paid meal break required 
under paragraph (1), an employer shall— 
(A) provide a reasonable opportunity for a 
domestic employee of the employer to take such 
break for a period of uninterrupted time that is 
not less than 30 minutes; and 
(B) not impede or discourage such a do-
mestic employee from taking such meal break. 
(b) REST BREAKS.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), for every 4 hours of work that a domes-
tic employee is scheduled to perform for the em-
ployer, the employer shall allow the employee a rest 
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break of not less than 10 uninterrupted minutes in 
which the domestic employee is relieved of all duties 
related to providing domestic services to the em-
ployer. The employer shall allow such rest break to 
occur during the first 3 hours of consecutive work 
performed by the employee for the employer. 
(2) RATE OF PAY.—An employer shall pay a 
domestic employee for all rest breaks under para-
graph (1) at the regular rate of pay of the employee. 
The employer shall not impede or discourage a do-
mestic employee from taking such breaks. 
(c) EXCEPTIONS.— 
(1) 
IN
GENERAL.—Subject 
to 
paragraph 
(2)(B), a domestic employee may not have the right 
to a meal break under subsection (a), or a rest 
break under subsection (b), in a case in which the 
safety of an individual under the care of the domes-
tic employee prevents the domestic employee from 
taking such break. 
(2) ON-DUTY BREAKS.— 
(A) DEFINITION
OF
ON-DUTY.—In this 
subsection, the term ‘‘on-duty break’’, with re-
spect to a meal break under subsection (a) or 
a rest break under subsection (b), means a 
break in which the domestic employee— 
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(i) is not relieved of all duties of the 
employee for the employer; and 
(ii) may, to the extent possible given 
the duties of the domestic employee for the 
employer, engage in personal activities, 
such as resting, eating a meal, drinking a 
beverage, making a personal telephone call, 
or making other personal choices. 
(B) AUTHORIZATION.—In a case described 
in paragraph (1), the domestic employee may 
still take an on-duty meal or rest break under 
subsection (a) or (b), respectively, if— 
(i) the nature of the work prevents a 
domestic employee from being relieved of 
all duties required of the domestic em-
ployee for the employer; and 
(ii) the domestic employee and the 
employer agree to such an on-duty meal or 
rest break in a written agreement, which 
shall include a provision allowing the do-
mestic employee to, in writing, revoke the 
agreement at any time . 
(C) RATE
OF
PAY.—An employer shall 
compensate a domestic employee for the time of 
an on-duty meal or rest break under this para-
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graph at the regular rate of pay of the em-
ployee for the employer. 
(3) SHARED LIVING ARRANGEMENT.—The re-
quirements under this section shall not apply in the 
case of a shared living arrangement. 
SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT-
AGES, BREAKAGES, LOSS, OR MODES OF COM-
MUNICATION. 
(a) IN GENERAL.—An employer may not make any 
deduction from the wage of, or require any reimbursement 
from, a domestic employee of the employer for— 
(1) any cash shortage of the employer; or 
(2) breakage or loss of the employer’s equip-
ment or other belongings. 
(b) COMMUNICATIONS.—An employer may not make 
any deduction from the wage of, or otherwise penalize, a 
domestic employee of the employer for communicating 
with a consumer of domestic services directly as opposed 
to communicating through an application or other mes-
saging service provided by an on-demand platform or oth-
erwise required by the employer. 
(c) VIOLATION.—Any deduction or reimbursement in 
violation of subsection (a) or (b) shall be deemed an un-
paid wage for purposes of enforcement under section 118, 
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and the domestic employee shall have the right to recover 
such wage in accordance with such section. 
SEC. 117. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any person to interfere with, restrain, coerce, 
or deny any other person the exercise of, or the attempt 
to exercise, any right provided under this subtitle, includ-
ing— 
(1) discharging or in any manner discrimi-
nating against (including retaliating against) any 
domestic employee for— 
(A) exercising, or attempting to exercise, 
any right provided under this subtitle; or 
(B) engaging in concerted activities for the 
purpose of collective bargaining or other mutual 
aid or protection, regardless of whether such ac-
tivities are with domestic employees of different 
employers or domestic employees at different 
worksites; and 
(2) discriminating against any domestic em-
ployee by using the exercise of a right provided 
under this subtitle as a negative factor in an employ-
ment action, such as an action involving hiring, pro-
motion, or changing work hours or number of shifts, 
or a disciplinary action. 
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(b) RETALIATION PROTECTION.—It shall be unlawful 
for any employer to discharge, demote, suspend, reduce 
the work hours of, take any other adverse employment ac-
tion against, threaten to take an adverse employment ac-
tion against, or in any other manner discriminate against 
a domestic employee with respect to compensation, terms, 
conditions, or privileges of employment because the domes-
tic employee (or any person acting pursuant to the request 
of the domestic employee), whether at the initiative of the 
domestic employee or in the ordinary course of the domes-
tic employee’s duties— 
(1) opposes any practice made unlawful under 
this subtitle; 
(2) asserts any claim or right under this sub-
title; 
(3) assists a domestic employee in asserting 
such claim or right; 
(4) informs any domestic employee about this 
subtitle; 
(5) requests a change to the written agreement 
described in section 110; 
(6) requests a change in scheduled work hours 
described in section 112, or any other schedule 
change, without regard to the eligibility of such do-
mestic employee to receive any such change; 
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(7) participates as a member of, or takes an ac-
tion described in paragraph (8) with respect to, the 
Domestic Employee Standards Board described in 
section 201; 
(8)(A) files an action, or institutes or causes to 
be instituted any proceeding, under or related to this 
subtitle; 
(B) gives, or is about to give, any information 
in connection with any inquiry or proceeding relating 
to any right provided under this subtitle; or 
(C) testifies, or is about to testify, in any in-
quiry or proceeding relating to any right provided 
under this subtitle; and 
(9) engages in concerted activities for the pur-
pose of collective bargaining or other mutual aid or 
protection, regardless of whether such activities are 
with domestic employees of different employers or 
domestic employees at different worksites. 
(c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI-
NATION.—For purposes of subsections (a) and (b), dis-
crimination with respect to compensation, terms, condi-
tions, or privileges of employment occurs if a person un-
dertakes any of the following activities (unless such activ-
ity is legal conduct undertaken at the express and specific 
direction or request of the Federal Government): 
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(1) Reporting or threatening to report the citi-
zenship or immigration status of a domestic em-
ployee or the suspected citizenship or immigration 
status of a family member of such an individual, to 
a Federal, State, or local agency. 
(2) Requesting more or different documents 
than those required under section 274A(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)), or refusing to honor documents that on 
their face appear to be genuine. 
(3) Using the Federal E-Verify system to check 
employment status in a manner not required under 
section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) or any memorandum gov-
erning use of the E-Verify system. 
(4) Filing or threatening to file a false police 
report relating to the immigration status of a do-
mestic employee or a family member of a domestic 
employee. 
(5) Contacting or threatening to contact immi-
gration authorities relating to the immigration sta-
tus of a domestic employee or a family member of 
a domestic employee. 
(d) PRESUMPTION OF RETALIATION.— 
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(1) IN
GENERAL.—For the purposes of sub-
sections (a) and (b), proof that a person discharged 
an individual or discriminated against an individual 
with respect to compensation, terms, conditions, or 
privileges of employment, within 90 days of the indi-
vidual involved asserting any claim or right under 
this subtitle, or assisting any other individual in as-
serting such a claim or right, shall raise a presump-
tion that the discharge or discrimination was in re-
taliation as prohibited under subsection (a) or (b), 
as the case may be. 
(2) REBUTTAL.—The presumption under para-
graph (1) may be rebutted by clear and convincing 
evidence that such discharge or discrimination was 
taken for another permissible reason. 
SEC. 118. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) APPLICATION.—In this subsection— 
(A) the term ‘‘domestic employee’’ means a 
domestic employee described in subsection 
(e)(1)(A); and 
(B) the term ‘‘employer’’ means an em-
ployer described in clause (i) or (ii) of subpara-
graph (A) and subparagraph (B) of subsection 
(e)(2). 
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(2) INVESTIGATIVE AUTHORITY.— 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this subtitle, or any regu-
lation or order issued under this subtitle, the 
Secretary shall have the investigative authority 
provided under section 11(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(a)), 
with respect to employers, domestic employees, 
and other individuals affected. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this subtitle in accordance with section 11(c) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(c)) and in accordance with regula-
tions prescribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
shall not require under this paragraph an em-
ployer to submit to the Secretary any books or 
records more than once during any 12-month 
period, unless the Secretary— 
(i) has reasonable cause to believe 
there may exist a violation of this subtitle, 
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including any regulation or order issued 
under this subtitle; or 
(ii) is investigating a charge under 
paragraph (4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation under this paragraph, 
the Secretary shall have the subpoena authority 
provided under section 9 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 209). 
(3) CIVIL ACTION BY DOMESTIC EMPLOYEES.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against an employer by one or more domestic 
employees, or a representative for and on behalf 
of the domestic employees and any other do-
mestic employees that may be similarly situ-
ated. 
(B) LIABILITY.—An employer that violates 
this subtitle shall be liable to a domestic em-
ployee aggrieved by the violation, except as pro-
vided in subparagraphs (C) and (D), for— 
(i) damages equal to— 
(I) the amount of— 
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(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost by rea-
son of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost, any ac-
tual monetary losses sustained, 
or the costs reasonably related to 
damage to or loss of property, or 
any other injury to the person, 
reputation, character, or feelings, 
sustained by a domestic employee 
as a direct result of the violation, 
or any injury to another person 
sustained as a direct result of the 
violation, by the employer; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; 
(III) an additional amount as liq-
uidated damages; and 
(IV) such other legal relief as 
may be appropriate; 
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(ii) such equitable relief as may be ap-
propriate, including employment, reinstate-
ment, and promotion; and 
(iii) a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs 
of the action. 
(C) MEAL AND REST BREAKS.—In the case 
of a violation of section 115, an employer in-
volved shall be liable under subparagraph (B)— 
(i) for the amount of damages de-
scribed in subclauses (I), (II), and (III) of 
subparagraph (B)(i); and 
(ii) under subparagraph (B)(i)(IV), 
for each such violation, for an amount 
equal to 1 hour of pay at the domestic em-
ployee’s regular rate of compensation (but 
not more than 2 hours of such pay for 
each workday for which the employer is in 
violation of such section). 
(D) WRITTEN AGREEMENTS.—In the case 
of a violation of section 110, the employer in-
volved shall be liable, under subparagraph 
(B)(i)(I), for an amount equal to $5,000. 
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(E) VENUE.—An action under this para-
graph may be maintained in any Federal or 
State court of competent jurisdiction. 
(4) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE ACTION.— 
(i) IN
GENERAL.—Subject to clause 
(ii), and subparagraphs (C) and (D) of 
paragraph (3), the Secretary shall receive, 
investigate, and attempt to resolve com-
plaints of violations of this subtitle in the 
same manner that the Secretary receives, 
investigates, and attempts to resolve com-
plaints of violations of sections 6, 7, and 
15(a)(3) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 206, 207, and 
215(a)(3)), including the Secretary’s au-
thority to supervise payment of wages and 
compensation under section 16(c) of the 
Fair Labor Standards Act of 1938 (29 
U.S.C. 216(c)). 
(ii) VIOLATIONS
GENERALLY.—The 
Secretary may assess a civil penalty 
against an employer that violates any sec-
tion of this subtitle— 
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(I) of not more than $15,000 for 
any first violation of any such section 
by such employer; and 
(II) of not more than $25,000 
for any subsequent violation of any 
such section by such employer. 
(B) ADMINISTRATIVE
REVIEW.—Any ag-
grieved dislocated employee who takes exception 
to an order issued by the Secretary under sub-
paragraph (A) may request review of and a de-
cision regarding such order by an administra-
tive law judge. In reviewing the order, the ad-
ministrative law judge may hold an administra-
tive hearing concerning the order, in accordance 
with the requirements of sections 554, 556, and 
557 of title 5, United States Code. Such hear-
ing shall be conducted expeditiously. If no ag-
grieved dislocated employee requests such re-
view within 60 days after the order is issued 
under subparagraph (A), the order shall be con-
sidered to be a final order that is not subject 
to judicial review. 
(C) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover amounts described in para-
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graph (3)(B) on behalf of a domestic employee 
aggrieved by a violation of this subtitle. 
(D) SUMS RECOVERED.— 
(i) IN GENERAL.—Any sums recovered 
by the Secretary under subparagraph (C) 
shall be held in a special deposit account 
and shall be paid, on order of the Sec-
retary, directly to each domestic employee 
aggrieved by the violation for which the ac-
tion was brought. Any such sums not paid 
to a domestic employee because of inability 
to do so within a period of 3 years shall be 
deposited into the Treasury of the United 
States as a miscellaneous receipt. 
(ii) CIVIL
PENALTY.—Any sums re-
covered by the Secretary under subpara-
graph (A)(ii) shall be deposited into the 
general fund of the Treasury of the United 
States as a miscellaneous receipt. 
(5) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (3), (4), or (6) not later than 
2 years after the date of the last event consti-
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tuting the alleged violation for which the action 
is brought. 
(B) WILLFUL VIOLATION.—In the case of 
an action brought for a willful violation of this 
subtitle, such action may be brought not later 
than 3 years after the date of the last event 
constituting the alleged violation for which such 
action is brought. 
(C) COMMENCEMENT.—An action shall be 
considered commenced under paragraph (3), 
(4), or (6) for the purposes of this paragraph 
on the date on which the complaint is filed 
under such paragraph (3), (4), or (6). 
(6) ACTION
FOR
INJUNCTION.—The district 
courts of the United States together with the Dis-
trict Court of the Virgin Islands and the District 
Court of Guam shall have jurisdiction, for cause 
shown, in an action brought by a domestic employee 
or the Secretary— 
(A) to restrain violations of this subtitle, 
including the withholding of a written agree-
ment from a domestic employee as required 
under section 110, or of any withholding of 
payment of wages, salary, employment benefits, 
or other compensation, plus interest, found by 
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the court to be due to a domestic employee 
under this subtitle; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion, for a violation of 
this subtitle. 
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under paragraph (4) or 
(6). 
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
AND LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this subsection, in the case of the 
Government Accountability Office and the Library of 
Congress, the authority of the Secretary of Labor 
under this subsection shall be exercised respectively 
by the Comptroller General of the United States and 
the Librarian of Congress. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that 
Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 
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and procedures this Act provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this subtitle against a domestic employee described 
in subsection (e)(1)(B). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United States 
Code, to the President, the Merit Systems Protection 
Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and 
procedures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
ment practice in violation of this subtitle against a domes-
tic employee described in subsection (e)(1)(C). 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in title 5, United States Code, to an 
employing agency, provided in chapter 12 of that title to 
the Merit Systems Protection Board, or provided in that 
title to any person, alleging a violation of chapter 63 of 
that title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this subtitle against a domestic em-
ployee described in subsection (e)(1)(D). 
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(e) DEFINITION.—In section 117 and this section: 
(1) DOMESTIC
EMPLOYEE.—Notwithstanding 
section 3, the term ‘‘domestic employee’’ means— 
(A) a domestic employee (as defined in 
such section) who is employed by an employer 
described in clause (i) or (ii) of subparagraph 
(A) and subparagraph (B) of paragraph (2) for 
the performance of domestic services; 
(B) a domestic employee (as defined in 
such section) who is employed by an employer 
described in subparagraphs (A)(iii) and (B) of 
paragraph (2) for the performance of domestic 
services; 
(C) a domestic employee (as defined in 
such section) who is employed by an employer 
described in subparagraphs (A)(iv) and (B) of 
paragraph (2) for the performance of domestic 
services; and 
(D) a domestic employee (as defined in 
such section) who is employed by an employer 
described in subparagraphs (A)(v) and (B) of 
paragraph (2) for the performance of domestic 
service. 
(2) EMPLOYER.—Notwithstanding section 3, 
the term ‘‘employer’’ means a person who is— 
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(A)(i) an employer, as defined in section 3 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203), who is not covered under another 
clause of this subparagraph; 
(ii) an entity employing a State employee 
described in section 304(a) of the Government 
Employee Rights Act of 1991; 
(iii) an employing office, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995; 
(iv) an employing office, as defined in sec-
tion 411(c) of title 3, United States Code; or 
(v) an employing agency covered under 
subchapter V of chapter 63 of title 5, United 
States Code; and 
(B) engaged in commerce or the produc-
tion of goods for commerce or is an enterprise 
engaged in commerce or in the production of 
goods for commerce. 
SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS 
AND OTHER LAWS. 
(a) IN GENERAL.—Nothing in this subtitle shall— 
(1) supersede a provision in a collective bar-
gaining agreement; or 
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(2) be construed to diminish the obligation of 
an employer to comply with any contract, collective 
bargaining agreement, or employment benefit pro-
gram or plan that provides greater rights or benefits 
to domestic employees than the rights established 
under this Act. 
(b) OTHER LAWS.—Nothing in this subtitle shall— 
(1) affect the obligation of an employer to pro-
vide a reasonable accommodation in the form of a 
change to the work schedule of a domestic employee 
required under any other law, or to otherwise comply 
with any other law; 
(2) preempt, limit, or otherwise affect the appli-
cability of any State or local law that provides com-
parable or superior benefits for domestic employees 
to the requirements under this subtitle; or 
(3) diminish the rights, privileges, or remedies 
of any domestic employee under any Federal or 
State law or under any collective bargaining agree-
ment. 
(c) NO WAIVERS.—The rights and remedies in this 
subtitle may not be waived by a domestic employee 
through any agreement, policy, or form, or as a condition 
of employment. 
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Subtitle C—Amendment to Title 
VII of the Civil Rights Act of 1964 
SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN 
CIVIL RIGHTS PROTECTIONS AGAINST DIS-
CRIMINATION IN EMPLOYMENT. 
Section 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)) is amended by striking ‘‘but’’ and insert-
ing ‘‘and a person who employs a domestic employee (as 
defined in section 3(b)(6) of the Domestic Worker Bill of 
Rights Act of 2024), but’’. 
TITLE II—STANDARDS BOARD 
AND BENEFITS 
SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD. 
(a) ESTABLISHMENT
AND PURPOSES.—The Sec-
retary shall establish a board to be known as the ‘‘Domes-
tic Employee Standards Board’’ (referred to in this sec-
tion as the ‘‘Board’’) to investigate standards in the do-
mestic employees industry and issue recommendations to 
the Secretary under subsection (e)(1), in order to promote 
the health, safety, and well-being of domestic employees. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Board shall be com-
posed of 11 members, of which— 
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(A) 5 shall be individuals, appointed by the 
Secretary in accordance with paragraph (2), 
representing domestic employees; 
(B) 5 shall be individuals, appointed by the 
Secretary in accordance with paragraph (3), 
representing employers of domestic employees; 
and 
(C) 1 shall be an individual appointed by 
the Secretary who is an expert on the domestic 
services sector and who is from academia, the 
nonprofit sector, or a Federal, State, or local 
governmental agency. 
(2) DOMESTIC EMPLOYEES SEATS.— 
(A) IN GENERAL.—The Secretary shall ap-
point members of the Board representing do-
mestic employees from among individuals nomi-
nated under subparagraph (B) by eligible em-
ployee organizations. 
(B) SELECTION OF ELIGIBLE EMPLOYEE 
ORGANIZATIONS.—The Secretary shall enter 
into agreements, on a competitive basis, with el-
igible employee organizations for such organiza-
tions to nominate individuals to serve as mem-
bers of the Board representing domestic em-
ployees. 
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(C) SELECTING
INDIVIDUALS
ON
THE 
BOARD.—For each individual nominated under 
subparagraph (B), the Secretary shall submit a 
report to Congress indicating whether the Sec-
retary has decided to appoint the individual to 
the Board and the reasons for such decision. 
(D) DEFINITION OF ELIGIBLE EMPLOYEE 
ORGANIZATION.—In this paragraph, the term 
‘‘eligible employee organization’’ means an or-
ganization that— 
(i) is not an employer of a domestic 
employee or an employment agency; 
(ii) represents members of the organi-
zation, including domestic employees; 
(iii)(I) is described in paragraph (3), 
(4), or (5) of section 501(c) of the Internal 
Revenue Code of 1986, and exempt from 
taxation under section 501(a) of such 
Code; and 
(II) is organized and operated for the 
betterment of employees, including domes-
tic employees; 
(iv) engages in public advocacy to pro-
mote the health and well-being of domestic 
employees; 
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(v) has a governing structure that 
promotes the decisionmaking power of do-
mestic employees; and 
(vi) submits an application to the Sec-
retary at such time, in such manner, and 
containing such information as the Sec-
retary may reasonably require. 
(3) EMPLOYER SEATS.— 
(A) IN GENERAL.—The Secretary shall ap-
point members of the Board representing em-
ployers of domestic employees from among indi-
viduals nominated by eligible hiring organiza-
tions under subparagraph (B). 
(B) SELECTION OF ELIGIBLE HIRING OR-
GANIZATIONS.—The Secretary shall enter into 
agreements on a competitive basis with eligible 
hiring organizations for such organizations to 
nominate individuals to serve as members of the 
Board representing employers of domestic em-
ployees. 
(C) SELECTING
INDIVIDUALS
ON
THE 
BOARD.— 
(i) IN GENERAL.—For each individual 
nominated under subparagraph (B), the 
Secretary shall submit a report to Con-
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gress indicating whether the Secretary has 
decided to appoint the individual to the 
Board and the reasons for such decision. 
(ii) REQUIREMENTS
FOR
APPOINT-
MENTS.—The 
Secretary 
shall 
ensure 
that— 
(I) not less than 2 seats under 
this paragraph are filled by an indi-
vidual who contracts with, or hires, 
not less than 1 domestic employee to 
work in the residence of the indi-
vidual; 
(II) not less than 1 seat under 
this paragraph is filled by a nomina-
tion from an eligible hiring organiza-
tion that is dedicated to the well-being 
of domestic employees; 
(III) not less than 1 seat under 
this paragraph is filled by an indi-
vidual who relies on a personal care 
aide or assistant financed through a 
State Medicaid program under title 
XIX of the Social Security Act (42 
U.S.C. 1396 et seq.); 
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(IV) not less than 1 seat under 
this paragraph is filled by an indi-
vidual who— 
(aa) is an adult family mem-
ber of a Medicaid HCBS-eligible 
elderly individual or an individual 
with a disability; 
(bb) is an informal provider 
of in-home care to such Medicaid 
HCBS-eligible elderly individual 
or individual with a disability; 
and 
(cc) contracts with, or hires, 
1 or more domestic employees to 
provide additional care for the 
Medicaid HCBS-eligible elderly 
individual or individual with a 
disability; 
(V) a single employer does not 
fill more than 1 seat under this para-
graph; and 
(VI) any employer serving on the 
Board 
satisfies 
the 
requirements 
under clause (iii). 
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(iii) DISCLOSURE
OF
LABOR
VIOLA-
TIONS.— 
(I) IN GENERAL.—The Secretary 
shall require that each employer that 
serves on the Board disclose to the 
Secretary, with respect to the pre-
ceding 5-year period— 
(aa) any administrative mer-
its determination, arbitral award 
or decision, or civil judgment, 
rendered against the employer 
for a violation of the labor laws 
listed in subclause (II); and 
(bb) any steps taken by the 
employer to correct a violation of 
or improve compliance with the 
labor laws listed in subclause 
(II), including any agreement en-
tered into with an enforcement 
agency. 
(II) LABOR
LAWS.—The labor 
laws described in this subclause are 
each of the following: 
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(aa) The Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 201 
et seq.). 
(bb) Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 
2000e et seq.). 
(cc) The Occupational Safe-
ty and Health Act of 1970 (29 
U.S.C. 651 et seq.). 
(III) RESPONSIBLE
SOURCE.— 
The Secretary shall consider informa-
tion disclosed by an employer under 
this clause to determine whether the 
employer has a satisfactory record of 
integrity and business ethics for pur-
poses of determining whether the em-
ployer shall serve on the Board. 
(D) DEFINITION OF ELIGIBLE HIRING OR-
GANIZATION.—In this paragraph, the term ‘‘eli-
gible hiring organization’’ means an organiza-
tion that— 
(i)(I) is an agency employing 2 or 
more domestic employees; or 
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(II) is an association of 2 or more in-
dividuals who hire or contract with domes-
tic employees; and 
(ii) submits an application to the Sec-
retary at such time, in such manner, and 
containing such information as the Sec-
retary may reasonably require. 
(4) CHAIRPERSON.—The Board shall select a 
Chairperson from among the members of the Board. 
(5) EXECUTIVE COMMITTEE.—The Chairperson 
shall assign an executive committee of 3 members of 
the Board, including not less than 1 representative 
appointed under paragraph (2) and 1 representative 
appointed under paragraph (3). Such executive com-
mittee shall establish an agenda and a work plan for 
the Board. 
(c) TERMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), each member of the Board shall serve a 
term of 2 years. 
(2) INITIAL
MEMBERS.—The Secretary shall 
stagger the terms of the Board members such 
that— 
(A) 6 of the initial members appointed to 
the Board serve a term of 4 years, including 3 
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of 
the 
members 
described 
in 
subsection 
(b)(1)(A) and 3 of the members described in 
subsection (b)(1)(B); and 
(B) 5 of the initial members appointed to 
the Board serve a term of 2 years, including 2 
of 
the 
members 
described 
in 
subsection 
(b)(1)(A), 2 of the members described in sub-
section (b)(1)(B), and the member described in 
subsection (b)(1)(C). 
(3) VACANCIES.— 
(A) IN
GENERAL.—A vacancy on the 
Board— 
(i) shall not affect the powers of the 
Board; and 
(ii) shall be filled in the same manner 
as the original appointment was made and 
shall be subject to any conditions that ap-
plied with respect to the original appoint-
ment. 
(B) FILLING UNEXPIRED TERMS.—An in-
dividual chosen to fill a vacancy shall be ap-
pointed for the unexpired term of the member 
replaced. 
(C) PRESUMPTION.—If a member of the 
Board is unable to fill the duties of the member 
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in serving on the Board or leaves the domestic 
service industry for a period that exceeds 90 
days while serving on the Board, the seat of the 
member shall be considered a vacancy for pur-
poses of this paragraph. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Board shall meet at the 
call of the Chairperson. 
(2) PUBLIC NOTICE.—The call of the Chair-
person under paragraph (1) shall include notice to 
the public of the meeting. 
(3) INITIAL MEETING.—Not later than 90 days 
after the date on which all members of the Board 
have been appointed, the Board shall hold the initial 
meeting of the Board. 
(e) STANDARDS.— 
(1) PROCESS
FOR
RECOMMENDING
STAND-
ARDS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and 
every 3 years thereafter, the Board shall issue 
recommendations to the Secretary for standards 
that affect the well-being of domestic employ-
ees, including recommendations for— 
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(i) workplace standards or regulations 
for domestic employees, including stand-
ards for— 
(I) occupational safety and health 
standards under the Occupational 
Safety and Health Act of 1970, that 
include the immediate protection of 
domestic employees from infectious 
diseases such as COVID–19; 
(II) standards or regulations, in-
cluding those on— 
(aa) wages; 
(bb) hours; 
(cc) benefits; and 
(dd) other matters that im-
pact working conditions; 
(ii) implementing and enforcing the 
rights of domestic employees granted 
under this Act and other Federal laws, in-
cluding rights for minimum wage, health, 
safety, and other workplace standards; and 
(iii) training and certification of do-
mestic employees and methods to ensure 
that training and certification results in 
higher wages. 
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100 
(B) VOTING.— 
(i) IN GENERAL.—Any decision of the 
Board regarding a recommendation issued 
under subparagraph (A) shall be decided 
through a vote of the Board. In any such 
vote— 
(I) each voting member of the 
Board shall have 1 vote; 
(II) a quorum of the members of 
the Board shall be required to be in 
attendance at the vote; and 
(III) the vote shall be agreed to 
upon the affirmative vote of not less 
than a majority of the members of the 
Board present and voting. 
(ii) QUORUM.—A quorum required 
under clause (i)(II) shall not be formed if 
there are in attendance fewer than— 
(I) 2 members of the Board de-
scribed in subsection (b)(1)(A); or 
(II) 2 members of the Board de-
scribed in subsection (b)(1)(B). 
(2) RULEMAKING.— 
(A) AUTHORITY.—Subject to requirements 
under other law, subparagraph (B), and para-
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101 
graph (3), the Secretary may issue a rule, in 
accordance with section 553 of title 5, United 
States Code, regarding any standard rec-
ommended by the Board under paragraph (1). 
(B) PROTECTION FROM INFECTIOUS DIS-
EASES.—To carry out paragraph (1)(A)(i)(I), 
the Assistant Secretary of Labor for Occupa-
tional Safety and Health may promulgate rules 
regarding occupational safety and health stand-
ards under authority and procedures of the Oc-
cupational Safety and Health Act of 1970 that 
include the immediate protection of domestic 
employees from infectious diseases such as 
COVID–19. 
(C) DECISION.— 
(i) IN GENERAL.—Not later than 90 
days after receiving a recommendation 
from the Board under paragraph (1), the 
Secretary shall provide a response on— 
(I) whether the Secretary will 
issue a rule under subparagraph (A) 
regarding such recommendation; and 
(II) if the Secretary issues such a 
rule, whether the Secretary will devi-
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102 
ate 
from 
such 
recommendation 
through such rule. 
(ii) EXPLANATORY
STATEMENT.—If 
the Secretary decides not to issue a rule 
under subparagraph (A) regarding a rec-
ommendation under paragraph (1) or de-
cides to deviate from such recommendation 
in such a rule, the Secretary shall have 90 
days after receiving such recommendation 
to issue a statement explaining the deci-
sion. 
(D) WORKPLACE STANDARDS.—No stand-
ard included in a rule issued under subpara-
graph (A) may be for a workplace standard 
that is less protective of domestic employees 
than any law in effect on the date of enactment 
of this Act for domestic employees under any 
Federal, State, or local law. 
(3) RECOMMENDATIONS TO CONGRESS.— 
(A) IN GENERAL.—For any recommenda-
tion made by the Board under paragraph (1) 
that the Secretary determines is not within the 
authority of the Secretary, the Secretary shall 
make a recommendation to Congress to take ac-
tion on the recommendation. 
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103 
(B) HEARING AND INVESTIGATIONS.—Not 
later than 1 year after such a recommendation 
is made by the Secretary to Congress under 
subparagraph (A), Congress shall conduct a 
hearing on and investigate the recommendation. 
(C) RULEMAKING.—This paragraph is en-
acted by Congress— 
(i) as an exercise of the rulemaking 
power of the Senate and House of Rep-
resentatives, respectively, and as such it is 
deemed a part of the rules of each House, 
respectively, but applicable only with re-
spect to the procedure to be followed in 
that House in the case of a joint resolu-
tion, and it supersedes other rules only to 
the extent that it is inconsistent with such 
rules; and 
(ii) with full recognition of the con-
stitutional right of either House to change 
the rules (so far as relating to the proce-
dure of that House) at any time, in the 
same manner, and to the same extent as in 
the case of any other rule of that House. 
(f) POWERS.— 
(1) HEARINGS.— 
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104 
(A) IN GENERAL.—The Board may hold 
such hearings, meet and act at such times and 
places, take such testimony, and receive such 
evidence as the Board considers advisable to 
carry out this section. 
(B) REQUIRED
PUBLIC
HEARINGS.—The 
Board shall, prior to issuing any recommenda-
tion under this section, hold public hearings to 
enable domestic employees across the United 
States to have access to the Board. Any such 
public hearing shall— 
(i) be held at such a time, in such a 
location, and in such a facility that ensures 
accessibility for domestic employees; 
(ii) include interpretation services in 
the languages most commonly spoken by 
domestic employees in the geographic re-
gion of the hearing; 
(iii) be held in each of the regions 
served by the regional offices of the Wage 
and Hour Division of the Department of 
Labor; and 
(iv) include eligible employee organiza-
tions in helping to populate the hearings. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
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105 
(A) IN GENERAL.—The Board may secure 
directly from a Federal agency such informa-
tion as the Board considers necessary to carry 
out this section. 
(B) PROVISION OF INFORMATION.—On re-
quest of the Chairperson of the Board, the head 
of the agency shall provide the information to 
the Board. 
(3) POSTAL
SERVICES.—The Board may use 
the United States mails in the same manner and 
under the same conditions as other agencies of the 
Federal Government. 
(4) GIFTS.—The Board may accept, use, and 
dispose of gifts or donations of services or property. 
(g) BOARD PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.— 
(A) NON-FEDERAL EMPLOYEES.—A mem-
ber of the Board who is not an officer or em-
ployee of the Federal Government shall be com-
pensated at a rate equal to the daily equivalent 
of the annual rate of basic pay prescribed for 
level IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each 
day (including travel time) during which the 
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106 
member is engaged in the performance of the 
duties of the Board. 
(B) FEDERAL EMPLOYEES.—A member of 
the Board who is an officer or employee of the 
Federal Government shall serve without com-
pensation in addition to the compensation re-
ceived for the services of the member as an offi-
cer or employee of the Federal Government. 
(2) TRAVEL
EXPENSES.—A member of the 
Board shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Board. 
(3) STAFF.— 
(A) IN GENERAL.—The Chairperson of the 
Board may, without regard to the civil service 
laws (including regulations), appoint and termi-
nate an executive director and such other addi-
tional personnel as are necessary to enable the 
Board to perform the duties of the Board. 
(B) REQUIRED
STAFF
MEMBERS.—The 
Secretary shall, in accordance with subpara-
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107 
graph (A), designate not fewer than 2 full-time 
staff members to support the operation of the 
Board through logistical, administrative, and 
legislative activities. 
(C) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director 
shall be subject to confirmation by the Board. 
(D) COMPENSATION.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Chairperson of the Board 
may fix the compensation of the executive 
director and other personnel without re-
gard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, 
United States Code, relating to classifica-
tion of positions and General Schedule pay 
rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for the executive director and 
other personnel shall not exceed the rate 
payable for level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. 
(4) DETAIL
OF
FEDERAL
GOVERNMENT
EM-
PLOYEES.— 
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108 
(A) IN
GENERAL.—An employee of the 
Federal Government may be detailed to the 
Board without reimbursement. 
(B) CIVIL SERVICE STATUS.—The detail of 
the employee shall be without interruption or 
loss of civil service status or privilege. 
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Board 
may procure temporary and intermittent services in 
accordance with section 3109(b) of title 5, United 
States Code, at rates for individuals that do not ex-
ceed the daily equivalent of the annual rate of basic 
pay prescribed for level V of the Executive Schedule 
under section 5316 of that title. 
(h) RULE OF CONSTRUCTION FOR REPORTING RE-
QUIREMENTS.— 
(1) IN GENERAL.—Neither the nomination by 
an eligible employee organization of 1 or more indi-
viduals to serve as members of the Board, nor serv-
ice on the Board by a representative of an eligible 
employee organization, shall— 
(A) make the eligible employee organiza-
tion subject to the reporting requirements for 
labor organizations under title II of the Labor- 
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109 
Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 431 et seq.); or 
(B) be considered as a factor in any deter-
mination of whether the eligible employee orga-
nization is subject to such reporting require-
ments. 
(2) LMRDA REQUIREMENTS.—The status of 
an organization as an eligible employee organization 
shall not, by itself, make the organization subject to 
any reporting requirements under the Labor-Man-
agement Reporting and Disclosure Act of 1959 (29 
U.S.C. 401 et seq.). 
(3) DEFINITION OF ELIGIBLE EMPLOYEE ORGA-
NIZATION.—For purposes of this subsection, the 
term ‘‘eligible employee organization’’ has the mean-
ing given such term in subsection (b)(2)(D). 
(i) RULE OF CONSTRUCTION FOR STATE AND LOCAL 
STANDARDS.—Nothing in this section shall preempt a 
State or local law with greater protections for domestic 
employees than the protections for such employees in-
cluded in a standard issued through a rule under sub-
section (e)(2). 
(j) EFFECT
ON EXISTING DOMESTIC EMPLOYEE 
BENEFITS.— 
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110 
(1) MORE PROTECTIVE.—Nothing in this sec-
tion shall be construed to diminish the obligation of 
an employer to comply with any contract, collective 
bargaining agreement, or any domestic employee 
benefit program or plan that provides greater rights 
or benefits to domestic employees than the rights es-
tablished under this Act. 
(2) LESS PROTECTIVE.—The rights established 
for domestic employees under this section shall not 
be diminished by any contract, collective bargaining 
agreement, or any benefit program or plan. 
(k) APPLICABILITY OF LAW.—Section 1013(a)(2) of 
title 5, United States Code, shall not apply to the Board. 
SEC. 202. DOMESTIC EMPLOYEES’ BENEFITS STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Secretary shall conduct 
a study, which may be through a contract with an-
other entity, for the purpose of providing informa-
tion to labor organizations, employers, and the gen-
eral public concerning how to increase the number of 
domestic employees who have access to a secure re-
tirement, affordable health care, unemployment in-
surance, life insurance, and other common benefits 
provided to employees of large private and public 
sector employers. 
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111 
(2) MATTERS.—The study conducted under 
paragraph (1) shall include— 
(A) a review of— 
(i) the levels of access to and usage of 
benefits for domestic employees, including 
retirement savings, health insurance, and 
reduced health care costs, paid sick time, 
unemployment insurance, disability and life 
insurance, and paid family and medical 
leave; 
(ii) barriers for domestic employees 
to— 
(I) participate in the old-age, 
survivors, and disability insurance 
program established under title II of 
the Social Security Act (42 U.S.C. 
401 et seq.); 
(II) obtain disability insurance; 
(III) access and use benefits, in-
cluding the old-age, survivors, and 
disability insurance program estab-
lished under title II of the Social Se-
curity Act (42 U.S.C. 401 et seq.), 
the Medicare program established 
under title XVIII of the Social Secu-
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112 
rity Act (42 U.S.C. 1395 et seq.), the 
Medicaid program established under 
title XIX of that Act (42 U.S.C. 1396 
et seq.), unemployment insurance, any 
benefits provided under the Patient 
Protection and Affordable Care Act 
(Public Law 111–148), including the 
amendments made by that Act, paid 
family and medical leave, paid sick 
time, and any additional benefits iden-
tified by the Secretary, including such 
benefits that are portable from job to 
job; 
(IV) otherwise access affordable 
health insurance; and 
(V) access any other benefits de-
scribed in clause (i); 
(iii) the portability of work-related 
benefits for domestic employees and the 
laws, including regulations, preventing in-
novation, and improvement in the port-
ability of such benefits; and 
(iv) whether domestic employees bene-
fitted from the emergency family and med-
ical leave and emergency paid sick leave 
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113 
provisions 
under 
the 
Families 
First 
Coronavirus Response Act (Public Law 
116–127), including the amendments made 
by that Act, and lessons learned from the 
implementation of such provisions; 
(B) an identification and analysis of State 
and nongovernmental innovations that can serve 
as potential replicable models on the national 
level to increase access to work-related benefits 
for domestic employees, through portability, 
outreach, enrollment, and other strategies; 
(C) a comparison of the ability of domestic 
employees to access, be eligible for, and partici-
pate in public and private sector work-related 
benefits compared to such ability of other em-
ployees; 
(D) a study on the coverage of domestic 
employees under State employees’ compensation 
laws, including in all 50 States, the District of 
Columbia, and territories of the United States; 
and 
(E) recommendations for innovations and 
reforms that would— 
(i) ensure domestic employees could— 
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114 
(I) access and use benefits, in-
cluding the old-age, survivors, and 
disability insurance program estab-
lished under title II of the Social Se-
curity Act (42 U.S.C. 401 et seq.), 
the Medicare program established 
under title XVIII of the Social Secu-
rity Act (42 U.S.C. 1395 et seq.), the 
Medicaid program established under 
title XIX of that Act (42 U.S.C. 1396 
et seq.), unemployment insurance, any 
benefits provided under the Patient 
Protection and Affordable Care Act 
(Public Law 111–148), including the 
amendments made by that Act, paid 
family and medical leave, paid sick 
time, and any additional benefits iden-
tified by the Secretary, including such 
benefits that are portable from job to 
job; and 
(II) have contributions for the 
benefits described in subclause (I) 
from multiple employers as applicable; 
(ii) provide adequate levels of such 
benefits for domestic employees; and 
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(iii) enable a domestic employee to 
have access to such benefits through mul-
tiple jobs the employee may have. 
(b) REPORT.—Not later than 15 months after the 
date of enactment of this Act, the Secretary shall submit 
to the President and Congress a report on the study con-
ducted under subsection (a) that includes each of the fol-
lowing: 
(1) The findings and conclusions of the study, 
including its findings and conclusions with respect to 
the matters described in subsection (a)(2). 
(2) Considerations for laws, including regula-
tions, that should be reviewed to address barriers 
impacting domestic employees. 
(3) Other information and recommendations 
with respect to benefits for domestic employees as 
the Secretary considers appropriate. 
TITLE III—IMPLEMENTATION OF 
THE 
DOMESTIC 
WORKERS 
BILL OF RIGHTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) DOMESTIC
WORKERS
BILL
OF
RIGHTS.— 
The term ‘‘domestic workers bill of rights’’— 
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(A) means the rights and protections pro-
vided to domestic employees under this Act, and 
the amendments made by this Act, including 
(as applicable)— 
(i) coverage of live-in domestic em-
ployees, as defined in section 8(a) of the 
Fair Labor Standards Act of 1938 (29 
U.S.C. 208(a)), under the overtime re-
quirements of section 7 of such Act (29 
U.S.C. 207); 
(ii) the right of live-in domestic em-
ployees, as so defined, to certain notices 
and communications under section 8 of 
such Act (29 U.S.C. 208); 
(iii) any minimum wage for domestic 
employees that may be established pursu-
ant to a recommendation to Congress 
under section 201(e)(3); 
(iv) the applicability of title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e 
et seq.); 
(v) the labor rights and privacy pro-
tections provided to domestic employees 
under subtitle B of title I, including— 
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(VIII) the protection against re-
taliation under section 117(b); and 
(vi) the availability of the national do-
mestic employee hotline supported under 
section 304, including the phone number 
and other contact methods for the hotline; 
and 
(B) includes any rules promulgated by the 
Secretary under this Act, or the amendments 
made by this Act, and any standard rec-
ommended by the Board that is promulgated as 
such a rule or otherwise implemented by the 
Secretary. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) an organization described in paragraph 
(3), (5), or (6) of section 501(c) of the Internal 
Revenue Code of 1986, and exempt from tax-
ation under section 501(a) of such Code, that— 
(i) has a board of directors, at least 
one-half of the members of which is com-
prised of— 
(I) domestic employees; or 
(II) representatives of organiza-
tions of such employees, which organi-
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119 
zation is independent from all busi-
nesses, organizations, corporations, or 
individuals that would pursue any fi-
nancial interest in conflict with that 
of the employees; 
(ii) is independent, as described in 
clause (i)(II); 
(iii) has— 
(I) expertise in domestic service 
and the workforce of domestic employ-
ees; and 
(II) a track record of working 
with domestic employees; and 
(iv) operates in a jurisdiction with a 
significant population of domestic employ-
ees; or 
(B) a partnership of organizations de-
scribed in subparagraph (A). 
(3) 
NOTICE
OF
DOMESTIC
EMPLOYEE 
RIGHTS.—The term ‘‘notice of domestic employee 
rights’’ means the document created and made avail-
able by the Secretary under section 302(a). 
SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS. 
(a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC 
EMPLOYEES.— 
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120 
(1) NOTICE OF RIGHTS.—The Secretary shall 
create, and make available, a notice of domestic em-
ployee rights document that describes the rights and 
protections provided by the domestic workers bill of 
rights and any other protections and other rights af-
forded under Federal law to domestic employees. 
(2) AVAILABILITY AND ACCESSIBILITY OF NO-
TICE.—The notice of domestic employee rights shall 
be— 
(A) a written document made available on-
line, including through the website described in 
subsection (b); and 
(B) available in English, Spanish, and 
other languages understood by domestic em-
ployees, which shall be determined by the Sec-
retary and include, at a minimum, the trans-
lation languages for the basic information fact 
sheet (or any successor document) produced by 
the Department of Labor. 
(b) ESTABLISHING A DOMESTIC EMPLOYEES RIGHTS 
WEBSITE.—Not later than 180 days after the date of en-
actment of this Act, the Secretary shall establish a single 
web page on the website of the Department of Labor that 
summarizes in plain language the rights of domestic em-
ployees under the domestic workers bill of rights. 
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121 
SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK-
ERS BILL OF RIGHTS ENFORCEMENT. 
(a) ESTABLISHMENT.—There is established an Inter-
agency Task Force on Domestic Workers Bill of Rights 
Enforcement (referred to in this section as the ‘‘Task 
Force’’). 
(b) MEMBERS.—The Task Force shall consist of— 
(1) representatives of the Department of Labor 
selected by the Secretary, including representatives 
of the Wage and Hour Division, representatives of 
the Occupational Safety and Health Administration, 
and representatives of the Office of the Solicitor of 
Labor; 
(2) representatives of the Department of Health 
and Human Services selected by the Secretary of 
Health and Human Services, including representa-
tives of the Centers for Medicare & Medicaid Serv-
ices and representatives of the Administration for 
Community Living; and 
(3) representatives of the Equal Employment 
Opportunity Commission, selected by the Commis-
sion. 
(c) INITIAL MEETING.—The Task Force shall hold 
its first meeting by not later than 90 days after the date 
of enactment of this Act. 
(d) DUTIES.— 
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(1) RECOMMENDATIONS
REGARDING
WORK-
PLACE CHALLENGES.—Beginning not later than 180 
days after the date of enactment of this Act, the 
Task Force shall— 
(A) examine the issues and challenges fac-
ing domestic employees who come forward to 
enforce their workplace rights; 
(B) identify challenges agencies enforcing 
these workplace rights have in reaching domes-
tic employees and enforcing such rights, includ-
ing by conducting hearings in each of the re-
gions served by the regional offices of the Wage 
and Hour Division of the Department of Labor 
to hear directly from domestic employees, advo-
cates, and officials or employees of such agen-
cies in the regional and local areas; and 
(C) develop a set of recommendations, in-
cluding sample legislative language, on the best 
enforcement strategies to protect the workplace 
rights of domestic employees, including— 
(i) how to reach, and enforce the 
rights of, domestic employees; 
(ii) ways for Federal agencies to work 
together or conduct joint enforcement of 
workplace rights for domestic employees, 
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as domestic employees who experience one 
type of violation are likely also experi-
encing other types of violations; and 
(iii) ways the Task Force can work 
with State and local enforcement agencies 
on the enforcement of workplace rights for 
domestic employees. 
(2) REPORT.—Not later than 1 year after the 
date of the first meeting of the Task Force, the 
Task Force shall prepare and submit a report to 
Congress regarding the recommendations described 
in paragraph (1)(C). 
(3) JOINT ENFORCEMENT.— 
(A) IN
GENERAL.—For a period of not 
more than 3 years after the date of enactment 
of this Act, the Task Force shall carry out such 
actions as the Task Force determines necessary 
to support joint enforcement by Federal agen-
cies of violations of the rights of domestic em-
ployees. 
(B) REPORT.—At the end of the 3-year pe-
riod described in subparagraph (A), the Task 
Force shall submit a report to Congress regard-
ing the efficacy of such joint enforcement. 
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(4) AUDIT OF FEDERAL ENFORCEMENT STRAT-
EGIES.—Not later than 3 years after the date of en-
actment of this Act, and every 3 years thereafter, 
the Task Force shall— 
(A) conduct an audit of the Federal en-
forcement strategies relating to the rights of 
domestic employees; and 
(B) prepare and submit to Congress a re-
port regarding the results of the audit. 
(5) CONSULTATION
REGARDING
COMMUNITY- 
BASED
ENFORCEMENT
DEMONSTRATION 
PROJECTS.—Upon the request of the Secretary, the 
Task Force shall review, and provide recommenda-
tions regarding, the applications for community- 
based enforcement grants under section 305. 
SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE. 
The Secretary shall award a grant, on a competitive 
basis, to an eligible entity for a national hotline that do-
mestic employees may call to seek assistance on any do-
mestic employee-related issue. 
SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDU-
CATION, OUTREACH, AND ENFORCEMENT OF 
DOMESTIC EMPLOYEE RIGHTS. 
(a) PROGRAM AUTHORIZED.— 
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(1) IN GENERAL.—From amounts made avail-
able to carry out this section, the Secretary, after 
consultation with the Interagency Task Force on 
Domestic Workers Bill of Rights Enforcement, shall 
award grants to eligible entities to enable the eligible 
entities to expand and improve cooperative efforts 
between Federal agencies and members of the com-
munity, in order to— 
(A) enhance the enforcement of the domes-
tic workers bill of rights and other workplace 
rights provided to domestic employees under 
relevant Federal, State, and local laws; 
(B) educate domestic employees of their 
rights under the domestic workers bill of rights 
and other workplace rights under Federal, 
State, and local laws; 
(C) educate employers regarding their re-
sponsibilities and obligations under the domes-
tic workers bill of rights and other relevant 
Federal, State, and local laws; and 
(D) assist domestic employees in pursuing 
their workplace rights under the domestic work-
ers bill of rights and other relevant Federal, 
State, or local laws. 
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(2) 
DURATION
OF
GRANTS.—Each 
grant 
awarded under this section shall be for a period of 
not more than 3 years. 
(b) APPLICATIONS.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under this section shall submit an application 
at such time, in such manner, and containing such 
information as the Secretary may require. 
(2) PARTNERSHIP APPLICATIONS.—In the case 
of an eligible entity that is a partnership, the eligible 
entity may designate, in the application, a single or-
ganization in the partnership as the lead entity for 
purposes of receiving and disbursing funds. 
(3) CONTENTS.—An application described in 
paragraph (1) shall include— 
(A) a description of a plan for the dem-
onstration project that the eligible entity pro-
poses to carry out with a grant under this sec-
tion, including a long-term strategy and de-
tailed implementation plan that reflects ex-
pected participation of, and partnership with, 
community partners; and 
(B) information on the training and edu-
cation that will be provided to domestic employ-
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127 
ees and employers of such employees under 
such program. 
(c) SELECTION.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall award grants under this section 
on a competitive basis. 
(2) DISTRIBUTION
THROUGH
REGIONS.—In 
awarding grants under this section, the Secretary 
shall ensure that a grant is awarded to an eligible 
entity in each region represented by a regional office 
of the Wage and Hour Division of the Department 
of Labor, to the extent practicable based on the 
availability of appropriations and the applications 
submitted. 
(d) USE OF FUNDS.—An eligible entity receiving a 
grant under this section shall use the grant funds to de-
velop a community partnership and establish and support, 
through the partnership, 1 or more of the following activi-
ties: 
(1) Disseminating information and conducting 
outreach and training to educate domestic employees 
about the rights and protections provided under the 
domestic workers bill of rights. 
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128 
(2) Conducting educational training for employ-
ers about their obligations under the domestic work-
ers bill of rights. 
(3) Conducting orientations and training jointly 
with relevant Federal agencies, including the Inter-
agency Task Force established under section 303, 
regarding the rights and protections provided under 
the domestic workers bill of rights. 
(4) Providing mediation services between pri-
vate-pay employers and employees. 
(5) Providing assistance to domestic employees 
in filing claims relating to violations of the domestic 
workers bill of rights, either administratively or in 
court. 
(6) Monitoring compliance by employers with 
the domestic workers bill of rights. 
(7) Establishing networks for education, com-
munication, and participation in the community re-
lating to the domestic workers bill of rights. 
(8) Evaluating the effectiveness of programs de-
signed to prevent violations of the domestic workers 
bill of rights and enforce the domestic workers bill 
of rights. 
(9) Recruiting and hiring staff and volunteers 
for the activities described in this subsection. 
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129 
(10) Producing and disseminating outreach and 
training materials. 
(11) Any other activity as the Secretary may 
reasonably prescribe through notice and comment 
rulemaking. 
(e) MEMORANDA OF UNDERSTANDING.— 
(1) IN GENERAL.—Not later than 60 days after 
receiving a grant under this section, an eligible enti-
ty shall negotiate and finalize with the Secretary a 
memorandum of understanding that sets forth spe-
cific goals, objectives, strategies, and activities that 
will be carried out under the grant by the eligible 
entity through a community partnership. 
(2) SIGNATURES.—A representative of the eligi-
ble entity receiving a grant (or, in the case of an eli-
gible entity that is a partnership, a representative of 
each organization in the partnership) and the Sec-
retary shall sign the memorandum of understanding 
under this subsection. 
(3) REVISIONS.—A memorandum of under-
standing under this subsection shall be reviewed and 
revised by the eligible entity and the Secretary each 
year for the duration of the grant. 
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130 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 306. ENCOURAGING THE USE OF FISCAL INTER-
MEDIARIES. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue a rule to facilitate 
the use of fiscal intermediaries that enable payments be-
tween domestic employees and employers of such employ-
ees, to improve transparency, enforcement, and working 
conditions of domestic employees. 
SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO 
PROVIDE MEDICAID-FUNDED SERVICES. 
(a) REGULATIONS TO APPLY DOMESTIC EMPLOYEE 
PROTECTIONS AND RIGHTS.—Not later than 1 year after 
the date of enactment of this Act, the Secretary and the 
Secretary of Health and Human Services jointly shall de-
velop and issue regulations regarding the application of 
the protections and rights afforded to domestic employees 
including personal care aides or assistants who provide 
services described in subsection (b) that are funded under 
the State plan under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.), or under a waiver of such plan, 
including through a contract or other arrangement with 
a 
managed 
care 
entity 
(as 
defined 
in 
section 
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131 
1932(a)(1)(B) of the Social Security Act (42 U.S.C. 
1396u–2(a)(1)(B))), to individuals enrolled in such plan 
or waiver. The regulations issued under this subsection 
shall recognize the role of self-directed care for individuals 
with disabilities and shall— 
(1) protect, stabilize, and expand the domestic 
employee and personal care aide or assistant work-
force; 
(2) recognize the role of self-directed care for 
individuals with disabilities; 
(3) prohibit States from requiring individuals 
with disabilities who self-direct their care to use 
their direct service budget to pay for costs resulting 
from the application of such protections and rights 
to domestic employees (such as paid sick time, pen-
alties, or overtime pay) except to the extent that 
such costs are directly related to the provision of 
services described in subsection (b) to such individ-
uals; 
(4) facilitate Federal and State compliance with 
section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794), the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.), and the holdings of 
the Supreme Court in Olmstead v. L.C., 527 U.S. 
581 (1999) and companion cases; and 
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132 
(5) prohibit States from reducing the level at 
which States make medical assistance for the serv-
ices described in subsection (b) available under the 
State plan under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.) or under a waiver of such 
plan as a result of the application of protections and 
rights afforded to domestic employees who provide 
such services. 
(b) SERVICES DESCRIBED.—The services described 
in this subsection are the following: 
(1) Home health care services authorized under 
paragraph (7) of section 1905(a) of the Social Secu-
rity Act (42 U.S.C. 1396d(a)). 
(2) Personal care services authorized under 
paragraph (24) of such section. 
(3) PACE services authorized under paragraph 
(26) of such section. 
(4) Home and community-based services au-
thorized under subsections (b), (c), (i), (j), and (k) 
of section 1915 of such Act (42 U.S.C. 1396n), such 
services authorized under a waiver under section 
1115 of such Act (42 U.S.C. 1315), and such serv-
ices provided through coverage authorized under sec-
tion 1937 of such Act (42 U.S.C. 1396u–7). 
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133 
(5) Case management services authorized under 
section 1905(a)(19) of the Social Security Act (42 
U.S.C. 1396d(a)(19)) and section 1915(g) of such 
Act (42 U.S.C. 1396n(g)). 
(6) Rehabilitative services, including those re-
lated to behavioral health described in section 
1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)). 
(7) Such other services specified by the Sec-
retary of Health and Human Services. 
SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT- 
FUNDED PROGRAMS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, the Secretary shall delay all enforcement 
relating to the provisions of this Act, or the amendments 
made by this Act, with respect to a Federal, State, or local 
governmental agency, or an entity operating under a 
grant, contract, or other agreement for such agency, until 
the day that is 2 years after the date of enactment of this 
Act. 
(b) EXTENSION OPTION.—The Secretary may extend 
the 2-year delay period in enforcement under subsection 
(a) with respect to a Federal, State, or local governmental 
agency, or an entity operating under a grant, contract, 
or other agreement for such agency, for an additional 1- 
year period, if, through a process established by the Sec-
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134 
retary, the Secretary determines the delay appropriate. In 
applying the preceding sentence, a delay in issuing the 
regulations required under section 307 shall be deemed a 
reason to extend the delayed enforcement period. 
(c) DELAY OF ENFORCEMENT THROUGH CIVIL AC-
TIONS BY DOMESTIC EMPLOYEES PROVIDING SERVICES 
FUNDED UNDER MEDICAID.—No action may be brought 
under section 118(a)(3) against an employer of a domestic 
employee that receives payment under a State Medicaid 
plan or waiver under title XIX of the Social Security Act 
for providing any services described in section 307(b), 
until on or after the date that is 2 years after the date 
of enactment of this Act. 
TITLE IV—FUNDING 
SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED-
ICAL ASSISTANCE PERCENTAGE FOR MED-
ICAID-FUNDED SERVICES PROVIDED BY DO-
MESTIC EMPLOYEES. 
Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended— 
(1) in subsection (b), by striking ‘‘and (ii)’’ and 
inserting ‘‘(ii), and (jj)’’; and 
(2) by adding at the end the following new sub-
section: 
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