I 
114TH CONGRESS 
1ST SESSION H. R. 4170 
To require the Secretary of Labor, in consultation with the Secretary of 
Health and Human Services, to draft disclosures describing the rights 
and liabilities of customers of domestic care services and require that 
such services provide such disclosures to customers in any contract for 
such services. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2015 
Mr. CARTWRIGHT introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To require the Secretary of Labor, in consultation with the 
Secretary of Health and Human Services, to draft disclo-
sures describing the rights and liabilities of customers 
of domestic care services and require that such services 
provide such disclosures to customers in any contract 
for such services. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Notification of Your 
Eldercare Rights Act’’. 
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SEC. 2. DISCLOSURE OF RIGHTS AND LIABILITIES OF CUS-
TOMERS OF DOMESTIC CARE SERVICES. 
(a) DRAFT DISCLOSURE DOCUMENT AND REQUIRE-
MENT TO INCLUDE IN CONTRACT.—Not later than one 
year after the date of enactment of this Act, the Secretary 
of Labor, in consultation with the Secretary of Health and 
Human Services, shall— 
(1) draft a two-page disclosure document in-
cluding the disclosures described in subsection (b); 
and 
(2) require, by rule, that any provider of domes-
tic care services— 
(A) provide such disclosure document to 
each customer prior to entering into contract 
with such customer for the provision of such 
services; and 
(B) disclose to the customer whether the 
individual or individuals who will provide such 
services are employees of the provider of domes-
tic care services or independent contractors for 
purposes of treatment under the Fair Labor 
Standards Act of 1938. 
(b) REQUIRED DISCLOSURES.—The disclosures re-
quired to be included on the disclosure document described 
in subsection (a) shall include— 
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(1) information substantially similar to the in-
formation contained on Fact Sheets 79 and 79B 
issued by the Wage and Hour Division of the De-
partment of Labor and relating to private homes 
and domestic service employment and live-in domes-
tic service workers, respectively, under the Fair 
Labor Standards Act of 1938; 
(2) simple, plain-language explanation of the 
difference between employees of the provider of do-
mestic care services or independent contractors, for 
purposes of treatment under the Fair Labor Stand-
ards Act of 1938; and 
(3) disclosures regarding— 
(A) the rights and legal liabilities of the 
customer with respect to any employee or inde-
pendent contractor, including rights of action; 
(B) the presence or lack of vicarious liabil-
ity of the provider of domestic care services 
with respect to an employee or independent con-
tractor; and 
(C) any liability the customer might have 
with respect to keeping their property free from 
unreasonable risk of harm. 
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SEC. 3. ENFORCEMENT. 
(a) PROHIBITED ACT.—Beginning on the effective 
date of the rule required by section 2, it shall be unlawful 
for any provider of domestic care services to enter into 
contract with any customer for the provision of such serv-
ices without first providing the prospective customer with 
the disclosure document required by section 2. 
(b) PENALTY.—Any person who violates subsection 
(a) shall be subject to a civil penalty not to exceed $1,100 
per violation. Any person who violates subsection (a) hav-
ing previously been assessed a civil penalty under this sec-
tion, or who knowingly violates subsection (a), shall be 
subject to a civil penalty not to exceed $5,000 per viola-
tion. 
SEC. 4. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘domestic care services’’ means 
those services described in section 13(a)(15) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
213(a)(15)); and 
(2) the term ‘‘provider of domestic care serv-
ices’’ means a business that employs or contracts 
with individuals who provide domestic care services 
to customers of the business. 
Æ 
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