I 
114TH CONGRESS 
1ST SESSION H. R. 3860 
To preserve the companionship services exemption for minimum wage and 
overtime pay, and the live-in domestic services exemption for overtime 
pay, under the Fair Labor Standards Act of 1938. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2015 
Mr. WALBERG (for himself, Mr. ROKITA, Mr. SMITH of Nebraska, Mr. ROE 
of Tennessee, Mr. BROOKS of Alabama, Ms. JENKINS of Kansas, and Mr. 
BUCSHON) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To preserve the companionship services exemption for min-
imum wage and overtime pay, and the live-in domestic 
services exemption for overtime pay, under the Fair 
Labor Standards Act of 1938. 
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 ‘‘Ensuring Access to 
Affordable and Quality Home Care for Seniors and People 
with Disabilities Act’’. 
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SEC. 2. DEFINITIONS. 
Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the fol-
lowing: 
‘‘(z)(1)(A) Except as provided in subparagraph (B), 
‘companionship services’ as used in section 13(a)(15), 
means services that provide fellowship, care, and protec-
tion for individuals who, because of advanced age or phys-
ical or mental infirmity, are unable to care for themselves, 
including non-medical in-home personal care (which in-
cludes assistance with activities of daily living and instru-
mental activities of daily living) and household work re-
lated to the care of the aged or infirm individuals (such 
as meal preparation, bed making, washing of clothes, er-
rands, assistance to appointments, laundry, medication re-
minders, bathing, assistance with incontinence and groom-
ing, and other similar services). Such term may include 
the performance of general household work, provided that 
such work does not exceed 20 percent of the total weekly 
hours worked. 
‘‘(B) ‘Companionship services’ does not include serv-
ices relating to the care and protection of the aged or in-
firm that require and are performed by trained medical 
personnel, such as a registered or practical nurse. 
‘‘(2) ‘Domestic service’ as used in subsections (a)(15) 
and (b)(21) of section 13, means services of a household 
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nature performed by an employee in or about a private 
home (permanent or temporary), including employees such 
as cooks, waiters, butlers, valets, maids, housekeepers, 
nannies, nurses, janitors, laundresses, caretakers, handy-
men, gardeners, certified nursing assistants, home care 
aides, home health aides, personal care aides, chauffeurs 
of automobiles for family use, and babysitters employed 
on other than a casual basis. 
‘‘(3) ‘Third-party employment’ as used in subsections 
(a)(15) and (b)(21) of section 13, means the employment 
of any employee who is engaged in providing companion-
ship services or live-in domestic services and who is em-
ployed by an employer other than the family or household 
using the services of the employee, whether or not such 
employee provides services to more than one family or 
household in the same workweek.’’. 
SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES 
EXEMPTION. 
Paragraph (15) of section 13(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amend-
ed— 
(1) by inserting ‘‘(including through third-party 
employment)’’ after ‘‘companionship services’’; and 
(2) by striking ‘‘(as such terms are defined and 
delimited by regulations of the Secretary)’’. 
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SEC. 4. PRESERVATION OF THE LIVE-IN DOMESTIC SERV-
ICES EXEMPTION. 
Paragraph (21) of section 13(b) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(b)(21)) is amended 
by inserting ‘‘(including through third-party employ-
ment)’’ after ‘‘domestic service’’. 
Æ 
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