December 9, 2025
Mrs. Gillibrand (for herself, Mr. Luján, Mr. Blumenthal, Mr. Fetterman, Mr. Kaine, Mr. Sanders, Ms. Duckworth, Ms. Warren, Mr. Merkley, Mr. Durbin, Mr. Markey, Ms. Klobuchar, Mr. Schiff, Ms. Baldwin, Mr. Padilla, Mr. Booker, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To enhance the rights of domestic employees, and for other purposes.
Be it enacted by the Senate and House of Representatives 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. 2. Findings
Congress finds the following:
(1)
There are an estimated 2,200,000 domestic employees across the United States working in private 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 domestic 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, disproportionately held by women, women of color, and immigrants, 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 workers. 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 pandemic, which exacerbated the existing financial insecurity experienced by many domestic employees. Surveys from the National Domestic Workers Alliance and NDWA Labs between March and September 2020 found that for 6 consecutive months, more than half of domestic employees surveyed were unable to pay their rent or mortgage. Nearly 75 percent of employees surveyed did not receive any compensation 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 transportation on interstate highways, interstate transit, or vehicles in interstate commerce.
(7)
In 2025, the Bureau of Labor Statistics predicted that between 2023 and 2033—
(A)
the number of new jobs for home health and personal care aides will increase by 21 percent, which is an increase of 820,500 jobs; and
(B)
approximately 162,500 openings for child care positions are projected each year, on average, during such period.
(8)
An increasing number of employees, including 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.
(9)
Nearly 9 out of 10 domestic employees are women and such women are disproportionately people of color and immigrants. Women, people of color, and immigrants have historically faced barriers to employment and economic advancement. According to the Economic Policy Institute, domestic employees 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.
(10)
Domestic employees are paid low wages, can be subjected to workplace health and safety hazards, and face difficulties saving for retirement. An Economic Policy Institute analysis of data from the Current Population Survey indicates that the median wage for a domestic employee is approximately $16.58 per hour, and an Economic Policy Institute analysis of data from the American Community Survey indicates that the median annual wage for such an employee is approximately $20,926. In practice, the median hourly and annual wages for domestic employees are less than those approximations given that domestic work has largely been negotiated in the informal labor market.
(11)
Domestic employees experience high rates of poverty. An Economic Policy Institute analysis of data from the Current Population Survey found domestic workers to be 3 times as likely to be living below the Federal poverty level than other workers, and nearly 3 times as likely to be struggling to make ends meet compared to other workers.
(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 Economic Policy Institute found that 2,400,000 employees, 17 percent of the low-wage workforce, experiences wage theft. A 2009 report from the National Employment Law Project found that employment in private homes was one of the 3 industries with the highest rates of employment and labor law violations.
(13)
A landmark study of domestic employees published in 2012 by the National Domestic Workers Alliance, the Center for Urban Economic Development of the University of Illinois at Chicago, and DataCenter titled Home Economics: The Invisible and Unregulated World of Domestic Work
indicated poor working conditions across the domestic service industry. The results of this study were later published in a 2019 academic article titled Workplace Health and Safety Hazards Faced by the Informally Employed Domestic Workers in the United States
in the journal Workplace Health & Safety. The findings of such study included 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 employees had responsibilities that prevented them from getting at least 5 hours of uninterrupted sleep at night during the week immediately preceding the interview; and
(D)
65 percent of domestic employees interviewed who encountered problems with their working conditions in the year immediately preceding the interview did not complain about their working conditions because they were afraid they would lose their job.
(14)
A 2018 study from the Economic Policy Institute found that domestic employees have little access to federally supported employment benefits. For instance—
(A)
less than 10 percent of such employees receive employer-sponsored retirement benefits; and
(B)
less than 20 percent of such employees receive employer-sponsored health insurance.
(15)
Compounding these challenges is the fact that many domestic employees have been, and in many cases continue to be, excluded from key provisions of labor and employment laws like the Occupational 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 excluded 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 independent 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, protections 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 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 private homes with individuals and families, also often makes it difficult for domestic employees to use Federal programs and policies to improve their skills and training and to join together collectively to negotiate better pay and working conditions.
(18)
Many domestic employees are also vulnerable to discrimination and sexual harassment. These issues are further exacerbated by the unique working conditions faced by domestic employees, such as isolation, poverty, immigration status, the lack of familiarity 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 retired people of the United States who rely on them.
Sec. 3. Definitions
(a) Fair Labor Standards Act of 1938 definitions
In this Act:
(1) Commerce; employ; employee; goods; person; State
The terms commerce, employ, employee, employer, enterprise, enterprise engaged in commerce or in the production of goods for commerce, goods, person, and State have the meanings given such terms in section 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;
(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 Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
(3) Domestic employee
The term domestic employee—
(A)
means, except as provided in subparagraph (B), an employee who is employed by an employer for the performance of domestic services; and
(B)
does not include—
(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)).
(4) 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 defined
The term committed relationship for purposes of subparagraph (A)—
(i)
means a relationship between 2 individuals, 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 between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.
(5) 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 temporary); and
(B)
includes services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides or assistants, and chauffeurs of automobiles for family use.
(6) Family child care provider
The term family child care provider means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving 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 individual
The term Medicaid HCBS-eligible elderly individual means an individual who—
(A)
is 65 years of age or older;
(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 becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list:
(i)
Home health care services authorized 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 services authorized 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 services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u–7).
(v)
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)).
(vi)
Rehabilitative services, including those related to behavioral health, described 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 Services.
(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 during that period of time.
(9) Parent
The term parent, with respect to an individual, means a biological, foster, or adoptive parent of the individual, a stepparent of the individual, parent-in-law of the individual, parent of a domestic partner of the individual, or a legal guardian or other person who stood in loco parentis to the individual when the individual was a child.
(10) Personal care aide or assistant
The term personal care aide or assistant means an individual who provides personal care services.
(11) Personal care services
The term personal care services means assistance provided to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities, or institution for mental disease that enables the recipient to accomplish activities of daily living or instrumental activities of daily living.
(12) Secretary
The term Secretary means the Secretary of Labor.
(13) Self-directed care
The term self-directed care, with respect to an individual, means services for the individual that are planned and purchased under the direction and control of the individual, including the amount, duration, scope, provider, and location of the services.
(14) Shared living arrangement
The term shared living arrangement means a living arrangement 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 providing such services; and
(E)
the individual receiving such services having the final decision regarding who is the provider of such services living with the individual, through a consumer-driven matching process that includes relationship building, person-centered planning as defined by the Administrator of the Centers for Medicare & Medicaid Services, and an assessment of individual compatibility.
(15) Spouse
The term spouse, with respect to an individual, means another individual with whom the individual entered into a marriage (including 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 performed by a domestic employee for an employer are considered to affect commerce.
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:
8. Live-in domestic employees termination notices and communications
(a) Definition of live-In domestic employee
In this section, the term live-in domestic employee means any employee who is employed in domestic service in a household and resides in such household.
(b) Notice of termination for live-In domestic 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—
(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 equivalent to the average earnings of the live-in domestic 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 employee 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 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 employer, or any individual residing in the household 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 domestic 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 employees
(1) In general
If an employer requires an employee to be a live-in domestic employee, the employer shall—
(A)
provide the live-in domestic employee with the ability, and reasonable opportunity, to access telephone and internet services in accordance 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 internet services for the household of the employer, the employer shall provide the live-in domestic employee with reasonable access to such services 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 telephone or internet services for the household of the employer, the employer—
(i)
shall provide the live-in domestic employee with a reasonable opportunity to 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 repealed.
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, including any regulation or order issued by the Secretary under that section.
(b) Penalties
Section 16 of such Act (29 U.S.C. 216) is amended—
(1)
in subsection (b)—
(A)
by inserting Any employer 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 additional 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
(B)
in the seventh sentence—
(i)
by striking or the amount of unpaid overtime compensation
and inserting the amount of unpaid overtime compensation, or the amount of severance pay or other damages
; and
(ii)
by striking section 6 or section 7
and inserting section 6, 7, or 8
; and
(2)
in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for the amounts described in subsection (b) for violations of such section.
.
(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 amended
.
Subtitle B Domestic employee rights
Sec. 110. Written agreements
(a) Covered domestic employee
In this section, the term covered domestic employee means any domestic employee to whom the employer of the domestic employee expects to provide compensation for the performance 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 written 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 employer, 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
(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 appropriate, 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 domestic 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 domestic 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—
(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 employee 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 covered domestic employee will be expected to work for the employer will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered domestic employee will be expected to work for the employer each week, including, at minimum—
(aa)
the average number of hours the covered domestic employee will be expected to work for the employer each week during a typical 90-day period;
(bb)
whether the covered domestic 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 covered domestic employee in advance of scheduled work hours (as defined in section 112(a)), which shall not be less than 72 hours before such scheduled work hours are to begin (except during a period 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 arrangement), 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 section 113.
(G)
Information about policies, procedures, and equipment related to safety and emergencies.
(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 covered 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 exhaustion of remedies requirement and shall not prevent the covered domestic employee from going directly to a relevant enforcement agency or a court to enforce any right conferred by this Act or another law.
(J)
In the case of a covered domestic employee who resides in the household of the person for whom the covered domestic employee provides domestic services—
(i)
the circumstances under which the employer may enter the designated living space of the covered domestic employee;
(ii)
the circumstances under which the covered domestic employee, in a shared living arrangement, may enter the designated living space of the employer; and
(iii)
a description of certain circumstances 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 Standards Act of 1938, removal of the covered 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.
(K)
If applicable, any policies of the employer with respect to the covered domestic employee for—
(i)
paying for or providing reimbursement 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 supplies provided by the employer.
(L)
Any other benefits afforded to the covered 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 addressing additional compensation if responsibilities are added to those described in subparagraph (C), after the date on which the written agreement is provided to the covered domestic employee.
(2) Prohibitions
A written agreement required 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, noncompete agreement, or nondisparagement agreement that limits the ability of the covered domestic employee to seek compensation for performing domestic services after the employee ceases to receive compensation from the employer for the performance of domestic services; and
(B)
be construed to waive the rights or protections of a domestic employee under Federal, State, or local law.
(e) Timing
(1) Initial agreement
An employer shall provide a written agreement required under this section—
(A)
to each covered domestic employee hired by the employer after the date of enactment 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 covered domestic employee with an updated agreement in accordance with this section.
(f) Records
An employer that is required to provide a written agreement under this section to a covered domestic employee shall retain such agreement for a period 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 Secretary shall establish and make available templates for model written agreements under this section.
(2) Requirements
A model written agreement required under paragraph (1) shall be available in multiple languages commonly understood by domestic employees, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates a basic information fact sheet published by the Administrator.
Sec. 111. Earned sick days
(a) Definitions
In this section:
(1) Domestic employee
The term domestic employee means a domestic employee, as defined in section 3(b), other than an individual providing domestic services through a shared living arrangement.
(2) Domestic violence
The term domestic violence—
(A)
has the meaning given the term in section 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 jurisdiction receiving grant funding
shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer of the domestic employee involved is located; and
(B)
includes dating violence, as that term is defined in such section.
(3) Employment benefits
The term employment benefits means all benefits provided or made available to a domestic employee by the employer that employs the domestic employee, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits 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 Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(4) Health care provider
The term health care provider means a provider who—
(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 subsection (b)(2).
(6) Sexual assault
The term sexual assault 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)).
(8) Victim services organization
The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including 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 provide 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 employee 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
(i) In general
A domestic employee—
(I)
shall begin to earn paid sick time under this subsection at the commencement of their employment; and
(II)
except as provided in clause (ii), may use that earned paid sick time in accordance with this subsection.
(ii) Waiting period for use of earned paid sick time
(I) In general
Except as provided in subclause (II) and subparagraph (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 employee’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 domestic employee in advance of the domestic employee earning such sick time; and
(bb)
notwithstanding subclause (I), permit use of earned sick time by a domestic employee before the 60th day of employment 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 policies
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 paragraph (2) shall not be required to permit a domestic employee employed by the employer to earn additional paid sick time under this subsection.
(E) Construction
Nothing in this subsection shall be construed as requiring financial or other reimbursement to a domestic employee from an employer upon the domestic employee’s 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 employee 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 domestic 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 employment 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 replacement to cover the hours during which the domestic 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:
(A)
An absence resulting from a physical or mental illness, injury, or medical condition of the domestic employee.
(B)
An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the domestic employee.
(C)
An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the domestic employee is the equivalent of a family relationship, who—
(i)
has any of the conditions or needs for diagnosis or care described in subparagraph (A) or (B);
(ii)
is required to attend—
(I)
in the case of someone who is a child, a school meeting; or
(II)
a meeting at a place where the child, parent, spouse, domestic partner, or such other individual is receiving care necessitated by a health condition or disability of the child, parent, spouse, domestic partner, or such other individual.
(iii)
is in need of care and is typically cared for by an individual who is unable to provide care because the individual has any of the conditions or needs for diagnosis or care described in subparagraph (A) or (B); or
(iv)
is otherwise in need of care.
(D)
An absence resulting from domestic violence, sexual assault, or stalking, if the time is to—
(i)
seek medical attention for the domestic employee or a child, parent, spouse, domestic partner, or another individual related to the domestic employee as described in subparagraph (C), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking;
(ii)
obtain or assist a child, a parent, a spouse, a domestic partner, or such other individual in obtaining services from a victim services organization;
(iii)
obtain or assist a child, a parent, a spouse, a domestic partner, or such other individual in obtaining psychological or other counseling;
(iv)
seek relocation; or
(v)
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.
(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 period, provided at least 7 days in advance of such period; or
(II)
otherwise, provided as soon as practicable after the domestic employee is aware of the need for such period.
(B) Certification in general
(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—
(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 statement that absence from work is medically 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 duration 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 specify the manner in which a domestic employee who does not have health insurance shall provide a certification for purposes of this subparagraph.
(iv) Confidentiality and nondisclosure
(I) Protected health information
Nothing in this section shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act (42 U.S.C. 1320d–6) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability 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—
(aa)
be maintained on a separate form and in a separate file from other personnel information;
(bb)
be treated as a confidential medical record; and
(cc)
not be disclosed except to the affected domestic employee or with the permission of the affected domestic employee.
(C) Certification in the case of domestic 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 described 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 described in paragraph (2)(D), was a victim of domestic violence, sexual assault, 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 described in paragraph (2)(D), has appeared in court or is scheduled to appear 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 domestic violence, sexual assault, or stalking.
(iii) Requirements
The requirements 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 domestic employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and
(III)
with respect to confidentiality under clause (iv) of such subparagraph, any information provided to the employer under this subparagraph shall be confidential, except to the extent that any disclosure of such information is—
(aa)
requested or consented to in writing by the domestic employee; or
(bb)
otherwise required by applicable Federal or State law.
(iv) Specification of documentation
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-discrimination 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 identity), age, disability, marital status, familial status, or any other protected status.
(B) State and local laws
Nothing in this section shall be construed to supersede (including 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 benefits
(A) More protective
Nothing in this section shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment 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 established for domestic employees under this section shall not be diminished by any contract, any collective bargaining agreement, or any employment benefit program or plan.
(d) Effective date
This section, other than subsection (b)(3)(B)(iii), takes effect 2 years after the date of enactment of this Act.
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 specified 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 domestic 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 covered 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 written agreement described in subclause (II) of such section, regarding a good faith estimate of the time of day and the days of the week that the covered domestic employee is expected to work for the employer.
(c) Requirements for changes to scheduled work hours and reporting time pay
An employer shall—
(1)
communicate in writing (which may be in an electronic form) any change to the scheduled work hours of each domestic employee of the employer, including any on-call shifts, not less than 72 hours before the domestic employee is scheduled to begin work; and
(2)
pay each domestic employee of the employer—
(A)
the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee after the domestic employee arrives to work for the scheduled work hours; or
(B)
at a rate of ½ of the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee 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 disability supports and services (or an employer supporting an individual with a disability); and
(ii)
requests the domestic employee to consent to work alternative, equivalent scheduled work hours within a 7-day period 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 during 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 section 110(d)(1)(F)(iv)(II)(cc), the employer shall obtain the written consent of the covered domestic employee to work such hours prior to the commencement 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 provision in this section, the requirements under subsection (c) shall not apply—
(A)
during any period in which the operations of the employer cannot begin or continue due to—
(i)
a fire, flood, or other natural disaster;
(ii)
a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance 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
(B)
in a case in which—
(i)
the domestic employee voluntarily requested in writing a change to the scheduled work hours of the employee; or
(ii)
the employer changes the scheduled work hours of a domestic employee due to—
(I)
a medical emergency requiring the emergency medical treatment or hospitalization of the individual for whom the domestic employee is performing domestic services or a child, a parent, a spouse, or a domestic partner of such individual or any other individual related by blood or affinity whose close association with such individual is the equivalent of a family relationship; 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
Notwithstanding any provision in this section, the requirements 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 caregiver for an individual related to the covered domestic employee by blood or affinity or whose close association with the covered domestic employee is the equivalent of a family relationship;
(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 nutrition 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 established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), to which the employee, or an individual related to the employee 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 family, medical, or sick leave, as determined based on the policy of the employer of the covered domestic 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 employee or a child, parent, spouse, or domestic 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 employee or a child, parent, spouse, domestic partner, or other individual described in subparagraph (A).
(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 temporary change, with respect to a change in the scheduled work hours of a covered domestic employee, means a limited alteration in the hours or dates that, or locations where, the covered domestic employee is scheduled 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 subsection, 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—
(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, covering not more than 2 work days, to the scheduled work hours of the employee due to a personal event.
(2) Notification of request
(A) In general
A covered domestic employee 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 supervisor of such employee, as soon as the employee becomes aware of the need for the temporary change and inform the employer 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 scheduled work hours of the employee (such as by using the any earned paid time off of the covered domestic employee or by trading work hours).
(B) Format of notification
A notification 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 interfere 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—
(1)
restrict, interfere with, or monitor the private 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 private 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 subsection (c), an employer shall not require a domestic employee to work more than 5 hours for such employer without an uninterrupted meal break of not less than 30 minutes. The number of hours worked by a domestic employee for purposes of this paragraph 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 paragraph (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 domestic employee from taking such meal break.
(b) Rest breaks
(1) In general
Except as provided in subsection (c), for every 4 hours of work that a domestic employee is scheduled to perform for the employer, the employer shall allow the employee a rest 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 employer. 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 paragraph (1) at the regular rate of pay of the employee. The employer shall not impede or discourage a domestic 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 domestic 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 respect to a meal break under subsection (a) or a rest break under subsection (b), means a break in which the domestic employee—
(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 employee 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 domestic 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 paragraph at the regular rate of pay of the employee for the employer.
(3) Shared living arrangement
The requirements under this section shall not apply in the case of a shared living arrangement.
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss, or modes of communication
(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 equipment 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 messaging service provided by an on-demand platform or otherwise required by the employer.
(c) Violation
Any deduction or reimbursement in violation of subsection (a) or (b) shall be deemed an unpaid wage for purposes of enforcement under section 118, 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 unlawful 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, including—
(1)
discharging or in any manner discriminating 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 activities are with domestic employees of different employers or domestic employees at different worksites; and
(2)
discriminating against any domestic employee by using the exercise of a right provided under this subtitle as a negative factor in an employment action, such as an action involving hiring, promotion, or changing work hours or number of shifts, or a disciplinary action.
(b) Retaliation protection
It shall be unlawful for any employer to discharge, demote, suspend, reduce the work hours of, take any other adverse employment action against, threaten to take an adverse employment action against, or in any other manner discriminate against a domestic employee with respect to compensation, terms, conditions, or privileges of employment because the domestic 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 domestic employee’s duties—
(1)
opposes any practice made unlawful under this subtitle;
(2)
asserts any claim or right under this subtitle;
(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 domestic employee to receive any such change;
(7)
participates as a member of, or takes an action 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 inquiry or proceeding relating to any right provided under this subtitle; or
(9)
engages in concerted activities for the purpose 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 discrimination
For purposes of subsections (a) and (b), discrimination with respect to compensation, terms, conditions, or privileges of employment occurs if a person undertakes any of the following activities (unless such activity is legal conduct undertaken at the express and specific direction or request of the Federal Government):
(1)
Contacting or threatening to contact, including by reporting to, a Federal, State, or local government agency regarding the citizenship or immigration status of a domestic employee or a family member of a domestic employee.
(2)
Requesting more or different documents than those required for employment authorization under section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) under the pretense of employment verification or refusing to honor documents presented for purposes of that section 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 governing use of the E-Verify system.
(d) Presumption of retaliation
(1) In general
For the purposes of subsections (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 individual involved asserting any claim or right under this subtitle, or assisting any other individual in asserting such a claim or right, shall raise a presumption that the discharge or discrimination was in retaliation as prohibited under subsection (a) or (b), as the case may be.
(2) Rebuttal
The presumption under paragraph (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 employer described in clause (i) or (ii) of subparagraph (A) and subparagraph (B) of subsection (e)(2).
(2) Investigative authority
(A) In general
To ensure compliance with the provisions of this subtitle, or any regulation 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 regulations prescribed by the Secretary.
(C) Required submissions generally limited to an annual basis
The Secretary shall not require under this paragraph an employer 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, including any regulation or order issued under this subtitle; or
(ii)
is investigating a charge under paragraph (4).
(D) Subpoena authority
For the purposes 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 recover 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 domestic employees that may be similarly situated.
(B) Liability
An employer that violates this subtitle shall be liable to a domestic employee aggrieved by the violation, except as provided in subparagraphs (C) and (D), for—
(i)
damages equal to—
(I)
the amount of—
(aa)
any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or
(bb)
in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual 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 liquidated damages; and
(IV)
such other legal relief as may be appropriate;
(ii)
such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and
(iii)
a reasonable attorney’s fee, reasonable 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 involved shall be liable under subparagraph (B)—
(i)
for the amount of damages described 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 employee’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 involved shall be liable, under subparagraph (B)(i)(I), for an amount equal to $5,000.
(E) Venue
An action under this paragraph 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 complaints of violations of this subtitle in the same manner that the Secretary receives, investigates, and attempts to resolve complaints 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 authority 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, through an administrative proceeding or by bringing an action in any court of competent jurisdiction, against an employer that violates any section of this subtitle—
(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 aggrieved dislocated employee who takes exception to an order issued by the Secretary under subparagraph (A) may request review of and a decision regarding such order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no aggrieved dislocated employee requests such review within 60 days after the order is issued under subparagraph (A), the order shall be considered 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 jurisdiction to recover amounts described in paragraph (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 Secretary, directly to each domestic employee aggrieved by the violation for which the action 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 recovered by the Secretary under subparagraph (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 constituting 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 District 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 agreement 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 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, reinstatement, 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 Accountability 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 defined 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, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation 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 employment practice in violation of this subtitle against a domestic 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 person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic employee described in subsection (e)(1)(D).
(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—
(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 section 101 of the Congressional Accountability Act of 1995;
(iv)
an employing office, as defined in section 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 production 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 bargaining agreement; or
(2)
be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program 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 provide 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 applicability of any State or local law that provides comparable 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 agreement.
(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.
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
Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) is amended by striking but
and inserting and a person who employs a domestic employee (as defined in section 3(b) of the Domestic Workers Bill of Rights Act), but
.
Title II Standards board and benefits
Sec. 201. Domestic Employee Standards Board
(a) Establishment and purposes
The Secretary shall establish a board to be known as the Domestic Employee Standards Board
(referred to in this section as the Board
) to investigate standards in the domestic service 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 composed of 11 members, of which—
(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 appoint members of the Board representing domestic employees from among individuals nominated under subparagraph (B) by eligible employee organizations.
(B) Selection of eligible employee organizations
The Secretary shall enter into agreements, on a competitive basis, with eligible employee organizations for such organizations to nominate individuals to serve as members of the Board representing domestic employees.
(C) Selecting individuals on the Board
For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary 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 organization that—
(i)
is not an employer of a domestic employee or an employment agency;
(ii)
represents members of the organization, 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 domestic employees;
(iv)
engages in public advocacy to promote the health and well-being of domestic employees;
(v)
has a governing structure that promotes the decisionmaking power of domestic employees; and
(vi)
submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
(3) Employer seats
(A) In general
The Secretary shall appoint members of the Board representing employers of domestic employees from among individuals nominated by eligible hiring organizations under subparagraph (B).
(B) Selection of eligible hiring organizations
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 employees.
(C) Selecting individuals on the Board
(i) In general
For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision.
(ii) Requirements for appointments
The Secretary shall ensure that—
(I)
not less than 2 seats under this paragraph are filled by an individual who contracts with, or hires, not less than 1 domestic employee to work in the residence of the individual;
(II)
not less than 1 seat under this paragraph is filled by a nomination from an eligible hiring organization that is dedicated to the well-being of domestic employees;
(III)
not less than 1 seat under this paragraph is filled by an individual 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.);
(IV)
not less than 1 seat under this paragraph is filled by an individual who—
(aa)
is an adult family member 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 paragraph; and
(VI)
any employer serving on the Board satisfies the requirements under clause (iii).
(iii) Disclosure of labor violations
(I) In general
The Secretary shall require that each employer that serves on the Board disclose to the Secretary, with respect to the preceding 5-year period—
(aa)
any administrative merits 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 entered into with an enforcement agency.
(II) Labor laws
The labor laws described in this subclause are each of the following:
(aa)
The Fair Labor Standards 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 Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(III) Responsible source
The Secretary shall consider information disclosed by an employer under this clause to determine whether the employer has a satisfactory record of integrity and business ethics for purposes of determining whether the employer shall serve on the Board.
(D) Definition of eligible hiring organization
In this paragraph, the term eligible hiring organization means an organization that—
(i)
(I)
is an agency employing 2 or more domestic employees; or
(II)
is an association of 2 or more individuals who hire or contract with domestic employees; and
(ii)
submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary 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 committee shall establish an agenda and a work plan for the Board.
(c) Terms
(1) In general
Except as provided in paragraph (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 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 subsection (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 applied with respect to the original appointment.
(B) Filling unexpired terms
An individual chosen to fill a vacancy shall be appointed 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 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 purposes 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 Chairperson 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 standards
(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 employees, including recommendations for—
(i)
workplace standards or regulations for domestic employees, including standards 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, including those on—
(aa)
wages;
(bb)
hours;
(cc)
benefits; and
(dd)
other matters that impact working conditions;
(ii)
implementing and enforcing the rights of domestic employees granted under this Act and other Federal laws, including rights for minimum wage, health, safety, and other workplace standards; and
(iii)
training and certification of domestic employees and methods to ensure that training and certification results in higher wages.
(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 described in subsection (b)(1)(A); or
(II)
2 members of the Board described in subsection (b)(1)(B).
(2) Rulemaking
(A) Authority
Subject to requirements under other law, subparagraph (B), and paragraph (3), the Secretary may issue a rule, in accordance with section 553 of title 5, United States Code, regarding any standard recommended by the Board under paragraph (1).
(B) Protection from infectious diseases
To carry out paragraph (1)(A)(i)(I), the Assistant Secretary of Labor for Occupational Safety and Health may promulgate rules regarding occupational safety and health standards under authority and procedures of the Occupational 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 deviate from such recommendation through such rule.
(ii) Explanatory statement
If the Secretary decides not to issue a rule under subparagraph (A) regarding a recommendation under paragraph (1) or decides 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 decision.
(D) Workplace standards
No standard included in a rule issued under subparagraph (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 recommendation 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 action on the recommendation.
(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 enacted by Congress—
(i)
as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and
(ii)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure 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
(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 recommendation 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 region 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 organizations (as defined in subsection (b)(2)(D)) in helping to populate the hearings.
(2) Information from Federal agencies
(A) In general
The Board may secure directly from a Federal agency such information as the Board considers necessary to carry out this section.
(B) Provision of information
On request 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 member of the Board who is not an officer or employee of the Federal Government shall be compensated 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 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 compensation in addition to the compensation received for the services of the member as an officer 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 terminate an executive director and such other additional 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 subparagraph (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 director
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 regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification 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 Schedule under section 5316 of title 5, United States Code.
(4) Detail of Federal Government employees
(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 intermittent 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 exceed 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 requirements
(1) In general
Neither the nomination by an eligible employee organization of 1 or more individuals to serve as members of the Board, nor service on the Board by a representative of an eligible employee organization, shall—
(A)
make the eligible employee organization subject to the reporting requirements for labor organizations under title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
(B)
be considered as a factor in any determination of whether the eligible employee organization is subject to such reporting requirements.
(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-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.).
(3) Definition of eligible employee organization
For purposes of this subsection, the term eligible employee organization has the meaning 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 included in a standard issued through a rule under subsection (e)(2).
(j) Effect on existing domestic employee benefits
(1) More protective
Nothing in this section 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 established 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 another entity, for the purpose of providing information to labor organizations, employers, and the general public concerning how to increase the number of domestic employees who have access to a secure retirement, affordable health care, unemployment insurance, life insurance, and other common benefits provided to employees of large private and public sector employers.
(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, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), the Medicare program established under title XVIII of the Social Security 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 identified 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 described in clause (i);
(iii)
the portability of work-related benefits for domestic employees and the laws, including regulations, preventing innovation, and improvement in the portability of such benefits; and
(iv)
whether domestic employees benefitted from the emergency family and medical leave and emergency paid sick leave 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 participate in public and private sector work-related benefits compared to such ability of other employees;
(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—
(I)
access and use benefits, including the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), the Medicare program established under title XVIII of the Social Security 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 identified 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
(iii)
enable a domestic employee to have access to such benefits through multiple 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 conducted under subsection (a) that includes each of the following:
(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 regulations, 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—
(A)
means the rights and protections provided to domestic employees under this Act, and the amendments made by this Act, including (as applicable)—
(i)
coverage of live-in domestic employees, as defined in section 8(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 208(a)), under the overtime requirements of section 7 of such Act (29 U.S.C. 207);
(ii)
the right of live-in domestic employees, 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 pursuant 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 protections provided to domestic employees under subtitle B of title I, including—
(I)
the right of certain domestic employees to a written agreement under section 110;
(II)
the right of certain domestic employees to earned paid sick time provided under section 111;
(III)
the fair scheduling practices required under section 112 with respect to certain domestic employees;
(IV)
the right of certain domestic employees to request and receive temporary changes to scheduled work hours for certain personal events under section 113;
(V)
the privacy protections under section 114;
(VI)
the right to meal and rest breaks in accordance with section 115;
(VII)
the protection from wage deductions for cash shortages, breakages, or loss under subsection (a) of section 116 and wage deductions or other penalties for communications described in subsection (b) of such section; and
(VIII)
the protection against retaliation under section 117(b); and
(vi)
the availability of the national domestic 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 recommended by the Board that is promulgated as such a rule or otherwise implemented by the Secretary.
(2) Eligible entity
The term eligible entity 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 taxation under section 501(a) of such Code, that—
(i)
has a board of directors, at least one-half of the members of which is comprised of—
(I)
domestic employees; or
(II)
representatives of organizations of such employees, which organization is independent from all businesses, organizations, corporations, or individuals that would pursue any financial 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 employees; and
(II)
a track record of working with domestic employees; and
(iv)
operates in a jurisdiction with a significant population of domestic employees; or
(B)
a partnership of organizations described in subparagraph (A).
(3) Notice of domestic employee rights
The term notice of domestic employee rights means the document created and made available by the Secretary under section 302(a).
Sec. 302. Notice of domestic employee rights
(a) Providing notice of rights to domestic employees
(1) Notice of rights
The Secretary shall create, and make available, a notice of domestic employee rights document that describes the rights and protections provided by the domestic workers bill of rights and any other protections and other rights afforded under Federal law to domestic employees.
(2) Availability and accessibility of notice
The notice of domestic employee rights shall be—
(A)
a written document made available online, including through the website described in subsection (b); and
(B)
available in English, Spanish, and other languages understood by domestic employees, which shall be determined by the Secretary and include, at a minimum, the translation 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 enactment 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 employees under the domestic workers bill of rights.
Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights Enforcement
(a) Establishment
There is established an Interagency 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 representatives of the Centers for Medicare & Medicaid Services and representatives of the Administration for Community Living; and
(3)
representatives of the Equal Employment Opportunity Commission, selected by the Commission.
(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
(1) Recommendations regarding workplace 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 facing domestic employees who come forward to enforce their workplace rights;
(B)
identify challenges agencies enforcing these workplace rights have in reaching domestic employees and enforcing such rights, including by conducting hearings in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor to hear directly from domestic employees, advocates, and officials or employees of such agencies in the regional and local areas; and
(C)
develop a set of recommendations, including 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, as domestic employees who experience one type of violation are likely also experiencing 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 agencies of violations of the rights of domestic employees.
(B) Report
At the end of the 3-year period described in subparagraph (A), the Task Force shall submit a report to Congress regarding the efficacy of such joint enforcement.
(4) Audit of Federal enforcement strategies
Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Task Force shall—
(A)
conduct an audit of the Federal enforcement strategies relating to the rights of domestic employees; and
(B)
prepare and submit to Congress a report 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 recommendations 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 domestic employees may call to seek assistance on any domestic employee-related issue.
Sec. 305. National grant for community-based education, outreach, and enforcement of domestic employee rights
(a) Program authorized
(1) In general
From amounts made available 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 community, in order to—
(A)
enhance the enforcement of the domestic 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 responsibilities and obligations under the domestic 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 workers bill of rights and other relevant Federal, State, or local laws.
(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 organization 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 demonstration project that the eligible entity proposes to carry out with a grant under this section, including a long-term strategy and detailed implementation plan that reflects expected participation of, and partnership with, community partners; and
(B)
information on the training and education that will be provided to domestic employees 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 develop a community partnership and establish and support, through the partnership, 1 or more of the following activities:
(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.
(2)
Conducting educational training for employers about their obligations under the domestic workers bill of rights.
(3)
Conducting orientations and training jointly with relevant Federal agencies, including the Interagency Task Force established under section 303, regarding the rights and protections provided under the domestic workers bill of rights.
(4)
Providing mediation services between private-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, communication, and participation in the community relating to the domestic workers bill of rights.
(8)
Evaluating the effectiveness of programs designed 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.
(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 entity shall negotiate and finalize with the Secretary a memorandum of understanding that sets forth specific 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 eligible entity receiving a grant (or, in the case of an eligible entity that is a partnership, a representative of each organization in the partnership) and the Secretary shall sign the memorandum of understanding under this subsection.
(3) Revisions
A memorandum of understanding under this subsection shall be reviewed and revised by the eligible entity and the Secretary each year for the duration of the grant.
(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 intermediaries
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 between domestic employees and employers of such employees, 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 develop 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 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 workforce;
(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, penalties, or overtime pay) except to the extent that such costs are directly related to the provision of services described in subsection (b) to such individuals;
(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
(5)
prohibit States from reducing the level at which States make medical assistance for the services 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 Security 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 authorized 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 services provided through coverage authorized under section 1937 of such Act (42 U.S.C. 1396u–7).
(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 related 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 Secretary of Health and Human Services.
Sec. 308. Delayed enforcement for government-funded programs
(a) In general
Notwithstanding any other provision 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 Secretary, 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 actions 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 medical assistance percentage for Medicaid-funded services provided by domestic 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 (kk)
; and
(2)
by adding at the end the following new subsection:
(kk) Increased FMAP for medical assistance for certain services provided by domestic employees
(1) In general
Notwithstanding subsection (b) and subsection (y), with respect to amounts expended by a State for medical assistance described in paragraph (3) that is provided by a domestic employee (as such term is defined in section 3 of the Domestic Workers Bill of Rights Act) during a fiscal quarter that occurs in the 20-quarter period beginning with the first fiscal quarter that begins on or after the date of enactment of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) and subsection (y) for the State and quarter shall, after the application of any other increase to the Federal medical assistance percentage for the State and quarter applicable under any other provision of law, be increased (not to exceed 100 percent) by the applicable number of percentage points determined for the State under paragraph (2).
(2) Applicable number of percentage points
(A) In general
For purposes of paragraph (1), the Secretary shall determine the applicable number of percentage points for each State.
(B) Considerations
In determining the applicable number of percentage points for a State under this subsection, the Secretary shall—
(i)
estimate the increase in costs to the State of furnishing medical assistance described in paragraph (3) that is provided by a domestic employee (as such term is defined in section 3 of the Domestic Workers Bill of Rights Act) that is attributable to the requirements of such Act and the amendments made by such Act with respect to labor protections and benefits for domestic employees; and
(ii)
determine the appropriate number of percentage points by which to increase the Federal medical assistance percentage otherwise determined for the State under subsection (b) or (y) to ensure that such increase in costs does not result in the State reducing the level of medical assistance described in paragraph (3) that is provided by domestic employees under the State plan (or a waiver of such plan).
(3) Medical assistance described
The medical assistance described in this paragraph is the following:
(A)
Home health care services authorized under paragraph (7) of subsection (a).
(B)
Personal care services authorized under paragraph (24) of such subsection.
(C)
PACE services authorized under paragraph (26) of such subsection.
(D)
Home and community-based services authorized under subsections (b), (c), (i), (j), and (k) of section 1915, such services authorized under a waiver under section 1115, and such services provided through coverage authorized under section 1937.
(E)
Case management services authorized under subsection (a)(19) and section 1915(g).
(F)
Rehabilitative services, including those related to behavioral health, described in subsection (a)(13).
(G)
Such other services specified by the Secretary.
(4) Maintenance of effort requirement
A State may not receive the increase described in paragraph (1) with respect to a quarter if the eligibility standards, methodologies, or procedures applicable to the provision of medical assistance described in paragraph (3) under the State plan (or waiver of such plan) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, applicable to the provision of such assistance under such plan (or waiver) as in effect on the date of enactment of this subsection.
(5) Disregard from territorial payment caps
Any payment made to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa that is subject to the Federal medical assistance percentage increase specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.
Sec. 402. Authorization of appropriations
There are authorized to be appropriated to carry out this Act, and the amendments made by this Act, such sums as may be necessary.
Title V Severability
Sec. 501. Severability
If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected.