[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3760 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3760
To enhance the rights of domestic workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2019
Ms. Jayapal (for herself, Ms. Norton, Ms. Schakowsky, Ms. Judy Chu of
California, Ms. Garcia of Texas, Ms. Velazquez, Ms. Lee of California,
Ms. Roybal-Allard, Ms. Meng, Ms. Barragan, Mr. Pocan, Mr. Takano, Mr.
Serrano, Ms. Clark of Massachusetts, Ms. Haaland, Mrs. Dingell, Ms.
Matsui, Mr. Ted Lieu of California, Ms. Omar, Ms. DeLauro, Mr. Nadler,
Mr. Blumenauer, Ms. Pressley, Ms. Escobar, Ms. Ocasio-Cortez, Mr.
Cardenas, Mr. Engel, and Ms. Adams) introduced the following bill;
which was referred to the Committee on Education and Labor, and in
addition to the Committees on Energy and Commerce, Ways and Means, the
Judiciary, House Administration, and Oversight and Reform, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To enhance the rights of domestic workers, 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. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
Sec. 101. Overtime protections for live-in domestic employees.
Sec. 102. Live-in domestic employees termination notices and
communications.
Sec. 103. Enforcement.
Subtitle B--Domestic Worker Rights
Sec. 110. Written agreements.
Sec. 111. Earned sick days.
Sec. 112. Fair scheduling practices.
Sec. 113. Right to request and receive temporary changes to scheduled
work hours due to personal events.
Sec. 114. Privacy.
Sec. 115. Breaks for meals and rest.
Sec. 116. Unfair wage deductions for cash shortages, breakages, loss,
or modes of communication.
Sec. 117. Prohibited acts.
Sec. 118. Enforcement authority.
Sec. 119. Effect on existing employment benefits and other laws.
Subtitle C--Domestic Worker Health and Safety
Sec. 121. National domestic worker hotline.
Sec. 122. Access to health and safety.
Sec. 123. Occupational safety and health training grants.
Sec. 124. Study of access to workers' compensation.
Sec. 125. Workplace harassment survivor supports study.
Subtitle D--Amendment to Title VII of Civil Rights Act of 1964
Sec. 131. Including certain domestic workers in civil rights
protections against discrimination in
employment.
TITLE II--ORGANIZING, BENEFITS, AND WORKFORCE INVESTMENT
Sec. 201. Domestic worker wage and standards board.
Sec. 202. Domestic workers' benefits study.
Sec. 203. Workforce investment activities grants for domestic workers.
Sec. 204. Report on career pathways, training standards, and
apprenticeships for domestic workers.
TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS
Sec. 301. Definitions.
Sec. 302. Notice of domestic worker rights.
Sec. 303. Interagency Task Force on Domestic Workers Bill of Rights
Enforcement.
Sec. 304. National grant for community-based education, outreach, and
enforcement of domestic worker rights.
Sec. 305. Encouraging the use of fiscal intermediaries.
Sec. 306. J-1 Visa program.
Sec. 307. Application to domestic workers who provide Medicaid-funded
services.
Sec. 308. Delayed enforcement for government-funded programs.
TITLE IV--FUNDING
Sec. 401. Temporary increase in the Federal medical assistance
percentage for Medicaid-funded services
provided by domestic workers.
Sec. 402. Process for determining an increased FMAP to ensure a robust
homecare workforce under Medicaid.
Sec. 403. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are an estimated 2,500,000 domestic workers
across the United States working in the homes of people of the
United States to provide home and personal care, child care,
and house cleaning services.
(2) Domestic work makes all other work possible. It is work
that cannot be outsourced to workers living outside of the
United States, nor is it close to being automated. Without the
millions of domestic workers caring for children, seniors, and
individuals with disabilities, and cleaning homes, much of the
economy would come to a standstill.
(3) 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)).
(4) Domestic workers 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.
(5) In 2016, the Bureau of Labor Statistics predicted that
between 2016 and 2026--
(A) the number of new jobs for home health and
personal care aides will increase 41 percent, which is
an increase of 1,200,000 jobs and the largest increase
in new jobs of any occupational category during such
period; and
(B) the number of new jobs for child care and house
cleaning positions will increase 6 to 7 percent.
(6) Nine out of ten domestic workers 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.
(7) Domestic workers face low wages and unacceptable
working conditions. Data from the Bureau of Labor Statistics
indicates that the average wage for a domestic worker is
approximately $11 per hour, or $23,000 per year if working
full-time. In practice, the average wage for a domestic worker
is less than such approximation given that domestic work has
largely been negotiated in the informal labor market.
(8) A landmark study of domestic workers published in 2012
by the National Domestic Workers Alliance and the Center for
Urban Economic Development of the University of Illinois at
Chicago Data Center titled ``Home Economics: The Invisible and
Unregulated World of Domestic Work'' indicated poor working
conditions across the domestic workers industry. The findings
of such study included that--
(A) domestic workers have little control over their
working conditions, and employment is usually arranged
without a written contract;
(B) 35 percent of domestic workers interviewed
reported that they worked long hours without breaks in
the year immediately preceding the interview;
(C) 25 percent of live-in domestic workers 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) 91 percent of domestic workers 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.
(9) The study described in paragraph (8) found that
domestic workers have little access to federally supported
employment benefits. For instance:
(A) Less than 2 percent of such workers receive
retirement or pension benefits, and less than 9 percent
of such workers work for employers that collect payroll
taxes on wages paid to such workers to provide
eligibility for Social Security benefits.
(B) Sixty-five percent of such workers do not have
health insurance, and only 4 percent of such workers
receive employer-provided insurance, despite the fact
that domestic work is hazardous and often results in
illness or physical injuries.
(10) Compounding these challenges is the fact that many
domestic workers have been, and in many cases continue to be,
excluded from key provisions of labor and employment laws like
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.),
the Occupational Health and Safety Act of 1970 (29 U.S.C. 651
et seq.), and the National Labor Relations Act (29 U.S.C. 151
et seq.). Minimum employee threshold rules, misclassification
of domestic workers as independent contractors, and exclusion
of independent contractors from coverage means that most
domestic workers 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.
(11) The International Labour Organization's Domestic
Workers Convention, adopted in 2011, calls for domestic workers
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 workers 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.
(12) The unique nature of their work, in private homes with
individuals and families, also often makes it difficult for
domestic workers to use Federal programs and policies to
improve their skills and training and to join together
collectively to negotiate better pay and working conditions.
(13) Many domestic workers are also vulnerable to
discrimination and sexual harassment. These issues are further
exacerbated by the unique working conditions faced by domestic
workers, 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.
(14) Millions of older individuals, individuals with
disabilities, and families are increasingly relying on domestic
workers. By bringing domestic work out of the shadows and
creating incentives and investments that help raise wages and
standards for domestic workers, the Federal Government can lift
millions of the most vulnerable workers out of poverty, reduce
turnover due to poor working conditions, thereby enhancing
quality of care, and support the millions of working and
retired people of the United States who rely on them.
SEC. 3. DEFINITIONS.
(a) Fair Labor Standards Act Definitions.--In this Act, 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).
(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 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.
(4) Domestic services.--The term ``domestic services''--
(A) means services of a household nature provided
in interstate commerce and 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, and chauffeurs of
automobiles for family use.
(5) Domestic worker.--The term ``domestic worker''--
(A) means, except as provided in subparagraph (B),
an individual, including an employee, who is
compensated directly or indirectly for the performance
of domestic services; and
(B) does not include--
(i) a family member, friend, or neighbor of
a child, or a parent of a child, who provides
child care in the child's home;
(ii) any individual who is an employee of a
family child care provider or is a family child
care provider; and
(iii) any employee described in section
13(a)(15) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(15)).
(6) Domestic work hiring entity.--The term ``domestic work
hiring entity''--
(A) means any person who provides compensation
directly or indirectly to a domestic worker for the
performance of domestic services; and
(B) includes--
(i) a person acting directly or indirectly
in the interest of a hiring entity in relation
to a domestic worker; and
(ii) an employer of a domestic worker.
(7) 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).
(8) Functionally disabled elderly individual.--The term
``functionally disabled elderly individual'' has the meaning
given such term in section 1929(b) of the Social Security Act
(42 U.S.C. 1396t(b)).
(9) Parent.--The term ``parent'', with respect to a parent
of a domestic worker, means a biological, foster, or adoptive
parent of a domestic worker, a stepparent of a domestic worker,
parent-in-law of a domestic worker, parent of a domestic
partner of a domestic worker, or a legal guardian or other
person who stood in loco parentis to the domestic worker when
the worker was a child.
(10) Personal or home care aide.--The term ``personal or
home care aide'' has the meaning given the term in section
1905(ff)(3) of the Social Security Act (42 U.S.C.
1396d(ff)(3)).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor, except as otherwise specified in this Act.
(12) 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.
(13) Shared living arrangement.--The term ``shared living
arrangement'' means a living arrangement involving--
(A) 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), not more
than 2 individuals who are an individual with a
disability or a functionally disabled elderly
individual;
(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.
(14) Spouse.--The term ``spouse'', with respect to a
domestic worker, has the meaning given such term by the
marriage laws of the State in which the marriage was
celebrated.
TITLE I--DOMESTIC WORKER RIGHTS AND PROTECTIONS
Subtitle A--Amendments to the Fair Labor Standards Act of 1938
SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC EMPLOYEES.
Section 13(b)(21) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(b)(21)) is repealed.
SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 (29 U.S.C. 207)
the following:
``SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND
COMMUNICATIONS.
``(a) Definition of Live-In Domestic Employee.--In this section,
the term `live-in domestic employee' means any employee who--
``(1) is employed in domestic service in a household and
resides in such household; and
``(2) in any workweek is engaged in commerce or in the
production of goods for commerce, or is employed in an
enterprise engaged in commerce or in the production of goods
for commerce.
``(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; and
``(B)(i) not less than 30 calendar days of lodging
customarily provided--
``(I) on the employer's household premises;
or
``(II) on another premise of a comparable
lodging condition; or
``(ii) severance pay in an amount equivalent to the
live-in domestic employee's average earnings for 2
weeks of employment in the preceding 6 months.
``(2) Off-site 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 24 hours to vacate the employer's
household.
``(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 employer's family, or
any individual residing in the employer's household.
``(B) Good faith allegations.--A good faith
allegation under subparagraph (A) shall be--
``(i) made in writing and provided to the
employee not later than 48 hours after the
employer has knowledge of the conduct;
``(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 employee with the ability, and
reasonable opportunity, to access telephone and
internet services in accordance with paragraph (2); and
``(B) without the employer's interference, permit
the 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
subject to the requirement under paragraph (1) 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
subject to the requirement under paragraph (1) 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 the period and inserting
``; and''; and
(2) by adding at the end the following:
``(6) 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), 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
(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)(6) 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 Worker Rights
SEC. 110. WRITTEN AGREEMENTS.
(a) Covered Domestic Worker.--In this section, the term ``covered
domestic worker'' means any domestic worker to whom the domestic work
hiring entity expects to provide compensation for the performance of
domestic services by the worker for not less than 8 hours per week.
(b) Requirement.--Each domestic work hiring entity shall provide a
written agreement in accordance with this section to each covered
domestic worker hired by the entity.
(c) Written Agreement Requirements.--
(1) In general.--A written agreement required under this
section shall--
(A) be signed and dated by the covered domestic
worker and the domestic work hiring entity;
(B) be written in a language easily understood by
the covered domestic worker and the domestic work
hiring entity, which may be in multiple languages if
the worker and the entity do not easily understand the
same language; and
(C) include the contents described in subsection
(d).
(2) Copy.--A copy of the written agreement required under
this section shall be provided to the covered domestic worker
at the time the worker is hired by the domestic work hiring
entity.
(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 domestic work hiring entity, including any
``doing business as'' name of the entity and the name
of each individual of the domestic work hiring entity
who will be doing business with the covered domestic
worker, as appropriate.
(B) The address for the location where the covered
domestic worker will be providing domestic services for
the domestic work hiring entity.
(C) The responsibilities, including regularity in
performing such responsibilities, associated with the
domestic services provided by the covered domestic
worker for the domestic work hiring entity.
(D) The rate of pay of the covered domestic worker,
including when and how the worker will be paid and any
additional compensation required--
(i) in the case in which the covered
domestic worker is an employee, for overtime
hours worked under section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207);
(ii) for duties that exceed the required
duties of the covered domestic worker; or
(iii) for a multilingual skill required of
the covered domestic worker.
(E) Required working hours of the covered domestic
worker, including--
(i) meal and rest breaks described in
section 115;
(ii) time off;
(iii) the work schedule of the worker at
the time of hire, including--
(I) a good faith estimate of the
days and hours for which the covered
domestic worker will be expected to
work for the domestic work hiring
entity each week;
(II) the average number of hours
the covered domestic worker will be
expected to work for the domestic work
hiring entity each week during a
typical 90-day period;
(III) whether the covered domestic
worker can expect to work any on-call
shifts, as defined in paragraph (4),
for the domestic work hiring entity;
and
(IV) a subset of days the covered
domestic worker can typically expect to
work (or to be scheduled as off from
work) for the domestic work hiring
entity;
(iv) the reporting time pay policy
described in section 112(b); and
(v) the right to request and receive a
change to scheduled work hours due to personal
event as described in section 113.
(F) If applicable, any policies of the domestic
work hiring entity with respect to the covered domestic
worker for paying for or providing reimbursement for--
(i) health insurance;
(ii) transportation, meals, or lodging; and
(iii) any other fees or costs associated
with the domestic services provided by the
covered domestic worker for the entity.
(G) If applicable, any policies of the domestic
work hiring entity with respect to the covered domestic
worker for--
(i) annual or other pay increases;
(ii) severance pay; and
(iii) providing materials or equipment
related to the performance of domestic service
by the covered domestic worker, including (if
applicable) any cleaning supplies provided by
the entity.
(H) Information about policies, procedures, and
equipment related to safety and emergencies.
(I) If applicable, the right of the covered
domestic worker to collect workers' compensation
benefits if injured on the job.
(J) The policy of the domestic work hiring entity
pertaining to notice of termination of the covered
domestic worker by the domestic work hiring entity.
(K) In the case of a covered domestic worker who
resides in the household of the person for whom the
worker provides domestic services--
(i) the circumstances under which the
domestic work hiring entity may enter the
worker's designated living space;
(ii) the circumstances under which the
covered domestic worker in a shared living
arrangement may enter the domestic work hiring
entity's designated living space; and
(iii) a description, in accordance with
paragraph (3), of certain circumstances the
domestic work hiring entity determines as cause
for--
(I) immediate termination of the
covered domestic worker; and
(II) removal of the covered
domestic worker from the household of
the person for whom the worker provides
domestic services not later than 48
hours after the termination.
(L) Any additional benefits afforded to the covered
domestic worker by the domestic work hiring entity.
(M) The process for the covered domestic worker to
raise or address grievances with respect to, or
breaches of, the written agreement.
(N) The process used by the domestic work hiring
entity to change any policy described in any of the
subparagraphs (A) through (M), 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
domestic worker.
(O) A copy of the notice of domestic worker rights
document required under section 302(a).
(2) Prohibitions.--A written agreement required under this
section may not--
(A) contain--
(i) a mandatory pre-dispute arbitration
agreement for claims made by a covered domestic
worker against a domestic work hiring entity
regarding the legal rights of the worker; or
(ii) a non-disclosure agreement, non-
compete agreement, or non-disparagement
agreement, limiting the ability of the covered
domestic worker to seek compensation for
performing domestic services after the worker
ceases to receive compensation from the
domestic work hiring entity for the performance
of domestic services; and
(B) be construed to waive the rights or protections
of a domestic worker under Federal, State, or local
law.
(3) Immediate termination and removal.--The description in
paragraph (1)(K)(iii)--
(A) shall demonstrate a good faith effort to
describe the circumstances that would result in the
termination and removal described in such paragraph;
and
(B) shall not be required to include a list of all
conduct that would constitute cause for such immediate
termination and removal.
(4) Definition of on-call shift.--For purposes of paragraph
(1)(E)(iii)(III), the term ``on-call shift'' means any time a
domestic work hiring entity expects a covered domestic worker
to--
(A) be available to work; and
(B) wait to contact, or be contacted by, the entity
or a designee of the entity to determine whether the
worker shall report to work for the time.
(e) Timing.--
(1) Initial agreement.--A domestic work hiring entity shall
provide a written agreement required under this section--
(A) to each covered domestic worker hired after the
date of enactment of this Act, prior to the first day
the worker performs domestic services for the entity;
and
(B) to each covered domestic worker hired prior to
the date of enactment of this Act, 90 days after such
date of enactment.
(2) Subsequent agreements.--Not later than 30 calendar days
after a domestic work hiring entity makes a change to a written
agreement provided to a covered domestic worker under this
section, the domestic work hiring shall provide the domestic
worker with an updated agreement in accordance with this
section.
(f) Domestic Worker Consent.--A covered domestic worker that
receives a written agreement under this section shall have not less
than 5 calendar days to review and agree or suggest changes to the
agreement.
(g) Records.--A domestic work hiring entity that is required to
provide a written agreement under this section to a covered domestic
worker shall retain such agreement for a period of not less than 3
years from the date on which the covered domestic worker is no longer
working for the entity.
(h) 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--
(A) be available in multiple languages commonly
understood by domestic workers, including all languages
in which the Secretary, acting through the
Administrator of the Wage and Hour Division, translates
the basic information fact sheet published by the
Administrator; and
(B) not include any agreement described in
subsection (d)(2)(A).
SEC. 111. EARNED SICK DAYS.
(a) Definitions.--In this section:
(1) Domestic violence.--The term ``domestic violence'' 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 monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
domestic work hiring entity involved is located. Such term also
includes dating violence, as that term is defined in such
section.
(2) Domestic worker.--The term ``domestic worker'' means a
domestic worker, as defined in section 3(b), other than an
individual providing assistance through a shared living
arrangement.
(3) Domestic work hiring entity.--The term ``domestic work
hiring entity''--
(A) means such a hiring entity, as defined in
section 3(b), except that for purposes of this
subparagraph, a reference in that section to a domestic
worker shall be considered a domestic worker as defined
in paragraph (2); and
(B) includes any predecessor of a hiring entity
described in subparagraph (A).
(4) Employment.--The term ``employment'' includes service
as a domestic worker.
(5) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to domestic
workers by a domestic work hiring entity, 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 a domestic work hiring entity 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)).
(6) Health care provider.--The term ``health care
provider'' means a provider who--
(A) is described in section 825.125 of title 29,
Code of Federal Regulations; and
(B) is not employed by a domestic work hiring
entity for whom the provider issues certification under
this section.
(7) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that can be earned by a domestic
worker for use during an absence from employment for any of the
reasons described in subparagraphs (A) through (D) of
subsection (b)(2).
(8) 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)).
(9) 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)).
(10) 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.--A domestic work hiring entity
shall provide each domestic worker employed by the
hiring entity not less than 1 hour of earned paid sick
time for every 30 hours worked, to be used as described
in paragraph (2). A domestic work hiring entity shall
not be required to permit a domestic worker to earn,
under this subsection, more than 56 hours of paid sick
time in a year, unless the hiring entity chooses to set
a higher limit.
(B) Dates for beginning to earn paid sick time and
use.--Domestic workers shall begin to earn paid sick
time under this subsection at the commencement of their
employment. A domestic worker shall be entitled to use
the earned paid sick time beginning on the 60th
calendar day following commencement of the domestic
worker's employment. After that 60th calendar day, the
domestic worker may use the paid sick time as the time
is earned. A domestic work hiring entity may, at the
discretion of the hiring entity, loan paid sick time to
a domestic worker for use by such domestic worker in
advance of the domestic worker earning such sick time
as provided in this paragraph and may permit use before
the 60th day of employment.
(C) Carryover.--
(i) In general.--Except as provided in
clause (ii), paid sick time earned under this
subsection shall carry over from one year to
the next.
(ii) Construction.--This section shall not
be construed to require a domestic work hiring
entity to permit a domestic worker to earn more
than 56 hours of earned paid sick time at a
given time.
(D) Hiring entities with existing policies.--Any
domestic work hiring entity 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 worker 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 worker from a domestic work
hiring entity upon the domestic worker's termination,
resignation, retirement, or other separation from
employment for earned paid sick time that has not been
used.
(F) Reinstatement.--If a domestic worker is
separated from employment with a domestic work hiring
entity and is rehired, within 12 months after that
separation, by the same hiring entity, the hiring
entity shall reinstate the domestic worker's previously
earned paid sick time. The domestic worker shall be
entitled to use the earned paid sick time and earn
additional paid sick time at the recommencement of
employment with the domestic work hiring entity.
(G) Prohibition.--A domestic work hiring entity may
not require, as a condition of providing paid sick time
under this subsection, that the domestic worker
involved search for or find a replacement to cover the
hours during which the domestic worker is using paid
sick time.
(2) Uses.--Paid sick time earned under this subsection may
be used by a domestic worker for any of the following:
(A) An absence resulting from a physical or mental
illness, injury, or medical condition of the domestic
worker.
(B) An absence resulting from obtaining
professional medical diagnosis or care, or preventive
medical care, for the domestic worker.
(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 worker 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) in the case of care for someone who is
a child, is the subject of a school meeting, or
a meeting at a place where the child is
receiving care necessitated by the child's
health condition or disability, that the
domestic worker is required to attend; or
(iii) 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
worker or a related person 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 related person
described in subparagraph (C) in obtaining
services from a victim services organization;
(iii) obtain or assist a related person
described in subparagraph (C) in obtaining
psychological or other counseling;
(iv) seek or assist a related person in
seeking relocation; or
(v) take or assist a related person in
taking 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) Scheduling.--A domestic worker shall make a reasonable
effort to schedule a period of paid sick time under this
subsection in a manner that does not unduly disrupt the
operations of the domestic work hiring entity.
(4) Procedures.--
(A) In general.--Paid sick time shall be provided
upon the oral or written request of a domestic worker.
Such request shall--
(i) include the expected duration of the
period of such time;
(ii) in a case in which the need for such
period of time is foreseeable at least 7 days
in advance of such period, be provided at least
7 days in advance of such period; and
(iii) otherwise, be provided as soon as
practicable after the domestic worker is aware
of the need for such period.
(B) Certification in general.--
(i) Provision.--
(I) In general.--Subject to clause
(iv), a domestic work hiring entity 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 worker 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
worker shall provide a copy of such
certification to the domestic work
hiring entity in a timely manner, not
later than 30 days after the first day
of the period of time. The domestic
work hiring entity shall not delay the
commencement of the period of time on
the basis that the hiring entity 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
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (iii);
(IV) for purposes of paid sick time
under paragraph (2)(A), a statement
that absence from work is medically
necessary;
(V) 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 and the
duration of such testing or care; and
(VI) 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) Limitation.--In issuing a
certification under clause (i), a health care
provider shall make reasonable efforts to limit
the medical facts described in clause (ii)(III)
that are disclosed in the certification to the
minimum necessary to establish a need for the
domestic worker to utilize paid sick time.
(iv) Regulations.--The Secretary shall
prescribe regulations that shall specify the
manner in which a domestic worker who does not
have health insurance shall provide a
certification for purposes of this
subparagraph.
(v) 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 a domestic work hiring entity
possesses health information about a
domestic worker or a related person
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
worker or with the permission
of the affected domestic
worker.
(C) Certification in the case of domestic violence,
sexual assault, or stalking.--
(i) In general.--A domestic work hiring
entity may require that a request for paid sick
time under this subsection for a purpose
described in paragraph (2)(D) be supported by
any one of the following forms of
documentation, but the domestic work hiring
entity may not specify the particular form of
documentation to be provided:
(I) A police report indicating that
the domestic worker, or a related
person described in paragraph (2)(D),
was a victim of domestic violence,
sexual assault, or stalking.
(II) A court order protecting or
separating the domestic worker or a
related person 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 worker or a related person
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 individual (who may be a 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 worker or a
related person described in paragraph
(2)(D) is a victim of domestic
violence, sexual assault, or stalking.
(ii) Requirements.--The requirements of
subparagraph (B) shall apply to certifications
under this paragraph, except that--
(I) subclauses (III) through (VI)
of clause (ii) and clause (iii) 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 worker to be
absent from work, and the domestic
worker 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 (v) of
such subparagraph, any information
provided to the domestic work hiring
entity 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
worker; or
(bb) otherwise required by
applicable Federal or State
law.
(c) Construction and Application.--
(1) Effect on other laws.--
(A) Federal and state antidiscrimination 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 a domestic
work hiring entity to comply with any contract, any
collective bargaining agreement, or any employment
benefit program or plan that provides greater paid sick
leave or other leave rights to domestic workers than
the rights established under this section.
(B) Less protective.--The rights established for
domestic workers 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)(4)(B)(4), takes effect 2 years after the date of enactment of this
Act.
SEC. 112. FAIR SCHEDULING PRACTICES.
(a) Definition of Scheduled Work Hours.--In this section, the term
``scheduled work hours'' means the hours on a specified day during
which a domestic worker is required by a domestic work hiring entity
through a schedule to perform domestic services for the entity and for
which the worker will receive compensation.
(b) Reporting Time Pay Requirement.--Subject to paragraphs (1) and
(2) of subsection (d), a domestic work hiring entity shall pay a
domestic worker--
(1) the regular rate of pay of the domestic worker for any
scheduled work hours the domestic worker does not work due to
the domestic work hiring entity canceling or reducing the
scheduled work hours of the domestic worker after the domestic
worker arrives to work for the scheduled work hours; or
(2) at a rate of \1/2\ of the regular rate of pay of the
domestic worker for any scheduled work hours the domestic
worker does not work due to the domestic work hiring entity
canceling or reducing the scheduled work hours of the domestic
worker at a time that is less than 72 hours prior to the
commencement of such scheduled work hours, unless the domestic
work hiring entity--
(A) is an individual with a disability who relies
on self-directed care; and
(B) requests the domestic worker to consent to work
alternative, equivalent scheduled work hours within a
7-day period and the worker consents to work such
alternative, equivalent hours.
(c) Right To Decline Schedule Changes.--
(1) In general.--Subject to subsection (d)(2), in the case
of a covered domestic worker (as defined in section 110(a)), if
a domestic work hiring entity wishes to include work hours in
the scheduled work hours of such worker that are identified as
hours in which the worker can typically expect to be scheduled
as off from work in accordance with the written agreement under
section 110(d)(1)(E)(iii)(IV), the hiring entity shall obtain
the written consent of the worker to work such hours prior to
the commencement of such work.
(2) Consent.--The consent required under paragraph (1) may
be transmitted electronically to the domestic work hiring
entity.
(d) Exceptions.--
(1) In general.--Notwithstanding any provision in this
section, the requirements under subsection (b) shall not
apply--
(A) during any period in which the operations of
the domestic work hiring entity 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 worker safety; or
(B) in a case in which--
(i) the domestic worker voluntarily
requested in writing a change to the scheduled
work hours of the worker; or
(ii) the domestic work hiring entity
changes the scheduled work hours of a domestic
worker due to a medical emergency requiring
emergency medical treatment or hospitalization.
(2) Shared living arrangement.--The requirements under this
section shall not apply to a shared living arrangement.
(e) Effective Date.--The requirements under 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 worker.--The term ``covered domestic
worker'' 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 worker, means--
(A) an event resulting in the need of the covered
domestic worker to serve as a caregiver for a child or
other care recipient;
(B) an event resulting from the obligation of a
covered domestic worker 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 worker, or a family
member or care recipient of the worker, 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
domestic work hiring entity.
(4) Safe time.--The term ``safe time'', with respect to a
covered domestic worker, means an absence from work of the
worker resulting from domestic violence, sexual assault, or
stalking, if the absence is to--
(A) seek medical attention for the worker or a
child, parent, spouse, or domestic partner of the
worker, or an individual related to the worker 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 worker 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 worker 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
worker'' shall be deemed to be a reference to the term
``covered domestic worker''.
(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 worker, means a limited alteration in the hours or
dates that, or locations where, a worker is scheduled to work,
including through using paid time off, trading or shifting work
hours, or using short-term unpaid leave.
(b) Request.--
(1) In general.--A domestic work hiring entity shall grant
a request of a covered domestic worker for a temporary change
to the scheduled work hours of the worker due to a personal
event in accordance with this subsection.
(2) Amount of requests.--For each calendar year, a domestic
work hiring entity shall be required, upon request of a covered
domestic worker under paragraph (1), to grant the covered
domestic worker not less than--
(A) 2 requests under this paragraph for a temporary
change to the scheduled work hours of the worker due to
a personal event covering not more than 1 business day
per request; or
(B) 1 request under this paragraph for a temporary
change to the scheduled work hours of the worker due to
a personal event covering not more than 2 business days
per request.
(3) Notification of request.--
(A) In general.--A covered domestic worker who
requests a temporary change to the scheduled work hours
of the worker due to a personal event under this
subsection shall--
(i) notify the domestic work hiring entity,
or direct supervisor, of such worker, as soon
as the worker becomes aware of the need for the
temporary change and inform the entity or
supervisor that the change is due to a personal
event;
(ii) make a proposal for the temporary
change to the scheduled work hours of the
worker, unless the worker seeks leave without
pay; and
(iii) not be required to initially submit
the request in writing, subject to subparagraph
(B).
(B) Written record.--
(i) In general.--A covered domestic worker
that requests a temporary change to the
scheduled work hours of the worker under this
subsection and does not initially submit a
request for such change in writing shall, as
soon as practicable and not later than the
second business day after the worker returns to
work following the conclusion of the temporary
change to the scheduled work hours, submit a
written record of such request indicating--
(I) the date for which the change
was requested; and
(II) that the request was made due
to a personal event.
(ii) Electronic means.--A domestic work
hiring entity may require that a record under
this subparagraph be submitted in electronic
form if workers of the domestic work hiring
entity commonly use an electronic form to
request and manage leave and schedule changes.
(iii) Waiver.--If a covered domestic worker
fails to submit the record required under this
subparagraph within the period of time required
under clause (i), the domestic work hiring
entity shall not be required to respond in
writing under subsection (c)(2).
(c) Response.--
(1) In general.--A domestic work hiring entity who receives
a request under subsection (b) for a temporary change to the
scheduled work hours of a covered domestic worker due to a
personal event shall respond as soon as practicable. Subject to
paragraph (2), such entity shall not be required to initially
respond to such request in writing.
(2) Written response.--Subject to subsection
(b)(3)(B)(iii), a domestic work hiring entity that receives a
request under subsection (b) shall, as soon as practicable, and
not later than 14 days after the covered domestic worker
submits the request under this subsection in writing (or
submits a written record under subsection (b)(3)(B)), provide
to the covered domestic worker a written response, which may be
in electronic form if such form is easily accessible to the
worker. Such written response shall include--
(A) an indication of whether the domestic work
hiring entity will agree to the temporary change to the
scheduled work hours in the manner requested by the
worker, or will provide the temporary change to the
scheduled work hours as leave without pay, which shall
not constitute a denial of the request;
(B) if the domestic work hiring entity denies the
request for a temporary change to the scheduled work
hours, an explanation for the denial; and
(C) the number of requests, and business days,
under subsection (b)(2) the worker has left in the
calendar year for a subsequent temporary change under
this subsection after taking into account the domestic
work hiring entity's decision contained in the written
response.
(3) Denial.--Notwithstanding any other provision in this
section, a domestic work hiring entity may deny a request for a
temporary change to the scheduled work hours of a covered
domestic worker due to a personal event under this subsection
only--
(A) if the covered domestic worker has already
exhausted the allotted requests in the calendar year
under subsection (b)(2);
(B) during any period in which the operations of
the domestic work hiring entity 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 worker safety; or
(C) in a case in which the domestic work hiring
entity has a medical emergency requiring emergency
medical treatment or hospitalization.
(d) 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.--A domestic work hiring entity shall not--
(1) monitor or record a domestic worker while such domestic
worker is--
(A) using restroom or bathing facilities;
(B) in the private living quarters of the worker;
or
(C) engaging in any activities associated with the
dressing, undressing, or changing of clothes of the
worker;
(2) subject to subsection (b), restrict or interfere with,
or monitor, the private communications of such domestic worker;
or
(3) take possession of any documents or other personal
effects of such domestic worker.
(b) Private Communications.--A domestic work hiring entity may--
(1) restrict, interfere with, or monitor the private
communications of a domestic worker if the domestic work hiring
entity has a reasonable belief that such communications
significantly interfere with the domestic worker's performance
of expected duties; and
(2) establish reasonable restrictions on the private
communications of a domestic worker while such worker is
performing work for the hiring entity.
(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.
SEC. 115. BREAKS FOR MEALS AND REST.
(a) Meal Breaks.--
(1) In general.--Except as provided in subsection (c), a
domestic work hiring entity shall not require a domestic worker
to work more than 5 hours for such hiring entity without an
uninterrupted meal break of not less than 30 minutes.
(2) Rate of pay.--A domestic work hiring entity shall pay a
domestic worker for a meal break under paragraph (1) at the
regular rate of pay of the domestic worker unless the domestic
worker is relieved of all duty for not less than 30 minutes
during the meal break and the domestic worker 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 (2), a
domestic work hiring entity--
(A) shall provide a reasonable opportunity for a
domestic worker to take such break for a period of
uninterrupted time that is not less than 30 minutes;
and
(B) shall not impede or discourage a domestic
worker 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 worker is scheduled to
perform for a domestic work hiring entity, the entity shall
allow the worker a rest break of not less than 10 uninterrupted
minutes in which the domestic worker is relieved of all duties
related to providing domestic services to the domestic work
hiring entity. The domestic work hiring entity shall allow such
rest break to occur during the first 3 hours of consecutive
work performed by the worker for the entity.
(2) Rate of pay.--A domestic work hiring entity shall pay a
domestic worker for the times spent by the worker for a rest
break under paragraph (1) at the regular rate of pay of the
worker. The hiring entity shall not impede or discourage a
domestic worker from taking such break.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), a domestic
worker 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
worker prevents the domestic worker from taking such break.
(2) On-duty breaks.--
(A) Definition of on-duty.--In this subsection, the
term ``on-duty'', with respect to a meal break under
subsection (a) or a rest break under subsection (b),
means such a break in which the domestic worker--
(i) is not relieved of all duties of the
worker for the domestic work hiring entity; and
(ii) may, to the extent possible given the
duties of the domestic worker for the domestic
work hiring entity, 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.--
(i) In general.--In a case described in
paragraph (1), the domestic worker 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 worker from being relieved
of all duties required of the domestic
worker for the domestic work hiring
entity; and
(II) the domestic worker and the
domestic work hiring entity agree to
such an on-duty meal or rest break in a
written agreement described in clause
(ii).
(ii) Written agreement.--The written
agreement under clause (i)(II) shall include a
provision allowing the domestic worker to, in
writing, revoke the agreement at any time.
(C) Rate of pay.--A domestic work hiring entity
shall compensate a domestic worker for the time of an
on-duty meal or rest break under this paragraph at the
regular rate of pay of the worker for the entity.
(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.--
(1) Requirement.--Except as provided in paragraph (2), no
domestic work hiring entity shall make any deduction from the
wage of or require any reimbursement from a domestic worker
for--
(A) any cash shortage of the domestic work hiring
entity; or
(B) breakage or loss of the entity's equipment or
other belongings.
(2) Exception.--A domestic work hiring entity may deduct
from the wage of, or require reimbursement from, a domestic
worker described in paragraph (1) if the entity can show that a
shortage, breakage, or loss described in paragraph (1) was
caused by a dishonest or willful act of the domestic worker.
(b) Communications.--No domestic work hiring entity shall make any
deduction from the wage of, or otherwise penalize, a domestic worker
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
domestic work hiring entity.
(c) Violation.--Any deduction or reimbursement in violation of
subsection (a)(1) or (b) shall be deemed an unpaid wage for purposes of
enforcement under section 118, and the domestic worker 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, or deny 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 worker for
exercising, or attempting to exercise, any right provided under
this subtitle; or
(2) discriminating against any domestic worker 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 domestic
work hiring entity 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 worker with respect to compensation,
terms, conditions, or privileges of employment because the domestic
worker, whether at the initiative of the domestic worker or in the
ordinary course of the domestic worker's duties (or any person acting
pursuant to the request of the domestic worker) for--
(1) opposing any practice made unlawful under this
subtitle;
(2) asserting any claim or right under this subtitle;
(3) assisting a domestic worker in asserting such claim or
right;
(4) informing any domestic worker about this subtitle;
(5) requesting a change to the written agreement or
scheduled work hours described in section 110 or 112,
respectively;
(6) participating as a member of, or taking an action
described in paragraph (7) with respect to, the Domestic Worker
Wage and Standards Board described in section 201; and
(7)(A) filing an action, or instituting or causing to be
instituted any proceeding, under or related to this subtitle;
(B) giving, or being about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this subtitle; or
(C) testifying, or being about to testify, in any inquiry
or proceeding relating to any right provided under this
subtitle.
(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) Reporting, or threatening to report, the citizenship or
immigration status of a domestic worker, or the suspected
citizenship or immigration status of a family member of such an
individual, to a Federal, State, or local agency.
(2) Requesting more or different documents than those
required under section 274A(b) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)), or refusing to honor
documents that on their face appear to be genuine.
(3) Using the Federal E-Verify system to check employment
status in a manner not required under section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)) or any
memorandum governing use of the E-Verify system.
(4) Filing, or threatening to file, a false police report
relating to the immigration status of a domestic worker, or a
family member of a domestic worker.
(5) Contacting, or threatening to contact, immigration
authorities relating to the immigration status of a domestic
worker, or a family member of a domestic worker.
(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 worker'' means a domestic
worker described in subsection (e)(1)(A); and
(B) the term ``domestic work hiring entity'' means
a domestic work hiring entity described in subsection
(e)(2)(A).
(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 hiring entities,
domestic workers, and other individuals affected.
(B) Obligation to keep and preserve records.--A
domestic work hiring entity 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 a domestic work hiring entity 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 workers.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against a domestic work hiring
entity by one or more domestic workers, or a
representative for and on behalf of the domestic
workers and any other domestic workers that may be
similarly situated.
(B) Liability.--A domestic work hiring entity that
violates this subtitle shall be liable to a domestic
worker 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 worker as a direct
result of the violation, or any
injury to another person
sustained as a direct result of
the violation, by the domestic
work hiring entity;
(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, the domestic work hiring
entity 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 worker's regular
rate of compensation (but not more than 2 hours
of such pay for each workday for which the
domestic work hiring entity is in violation of
such section).
(D) Written agreements.--In the case of a violation
of section 110, the domestic work hiring entity
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 against a domestic
work hiring entity that violates any section of
this subtitle--
(I) of not more than $15,000 for
any first violation of any such section
by such domestic work hiring entity;
and
(II) of not more than $25,000 for
any subsequent violation of any such
section by such domestic work hiring
entity.
(B) Administrative review.--Any aggrieved
dislocated worker 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 worker
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 worker 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 worker aggrieved by the violation for
which the action was brought. Any such sums not
paid to a domestic worker 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 worker or
the Secretary--
(A) to restrain violations of this subtitle,
including the withholding of a written agreement from a
domestic worker 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 worker 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 worker
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 worker 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
worker described in subsection (e)(1)(D).
(e) Definition.--In section 117 and this section, except as
otherwise provided in this subsection:
(1) Domestic worker.--Notwithstanding section 3, the term
``domestic worker'' means a domestic worker--
(A) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(A);
(B) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(B);
(C) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(C); and
(D) as defined in section 3(b)(6) except that a
reference in that section to an individual or employee
shall be considered to be a reference to an individual
compensated for services provided to an entity
described in paragraph (2)(D).
(2) Domestic work hiring entity.--Notwithstanding section
3, the term ``domestic work hiring entity'' means a domestic
work hiring entity--
(A) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in clause (i) or (ii) of subparagraph (A),
and subparagraph (B), of paragraph (3);
(B) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(iii) and (B) of
paragraph (3);
(C) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(iv) and (B) of paragraph
(3); and
(D) as defined in section 3(b)(7) except that a
reference in that section to a person or employer shall
be considered to be a reference to an employer
described in subparagraphs (A)(v) and (B) of paragraph
(3)(A).
(3) Employer.--Notwithstanding section 3, for purposes of
paragraph (2), the term ``employer'' means a person who is--
(A)(i) an employer, as defined in section 3(a), 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) an enterprise engaged in commerce or in the
production of goods for commerce.
(4) Employment.--Notwithstanding section 3, the term
``employment'' includes service as a domestic worker.
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 a domestic
work hiring entity to comply with any contract, collective
bargaining agreement, or employment benefit program or plan
that provides greater rights or benefits to domestic workers
than the rights established under this Act.
(b) Other Laws.--Nothing in this subtitle shall--
(1) affect the obligation of a domestic work hiring entity
to provide a reasonable accommodation in the form of a change
to the work schedule of a domestic worker 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 workers to the requirements under this
subtitle; or
(3) diminish the rights, privileges, or remedies of any
domestic worker 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 worker through any agreement, policy, or form,
or as a condition of employment.
Subtitle C--Domestic Worker Health and Safety
SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE.
(a) In General.--The Secretary shall award a grant, on a
competitive basis, to an entity eligible under subsection (b), for a
national hotline that domestic workers may call to report emergencies,
seek emergency services, or seek support or guidance in lieu of
emergency services.
(b) Eligibility.--In order to be eligible to receive a grant under
subsection (a), an entity shall--
(1) be an entity 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;
(2) have a demonstrated expertise in and experience with
domestic workers;
(3) employ or otherwise engage domestic workers in the
performance of domestic services;
(4) have a leadership or board structure that includes
domestic workers; and
(5) comply with any other criteria established by the
Secretary for purposes of this section.
SEC. 122. ACCESS TO HEALTH AND SAFETY.
(a) Standard for Domestic Workers.--
(1) Standard.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Consumer Product
Safety Commission shall, to improve the health and
safety of domestic workers that clean private homes,
promulgate a consumer product safety standard under
section 7 of the Consumer Product Safety Act (15 U.S.C.
2056) to require manufacturers of household cleaning
supplies to--
(i) make safety data sheets for any
household cleaning supply that contains a
hazardous chemical available on the website of
the manufacturer in a manner that ensures such
safety data sheets are easily accessed via the
name of the specific product line;
(ii) translate such safety data sheets into
multiple languages, including all languages in
which the Secretary, acting through the
Administrator of the Wage and Hour Division,
translates the basic information fact sheet
published by the Administrator; and
(iii) create and provide, for use on small
secondary containers, small labels with the
name of the product and its ingredients as
listed on the safety data sheet.
(B) Civil penalty.--Notwithstanding section 20 of
the Consumer Product Safety Act (15 U.S.C. 2069), or
any other provision of that Act, any person that
knowingly violates the requirements of the standard
promulgated under subparagraph (A) shall be subject to
a civil penalty not to exceed $500 for each violation.
(2) Educational materials for workers.--The Consumer
Product Safety Commission shall produce educational materials
for consumers and domestic workers regarding requirements for
safety data sheets and translate such materials into multiple
languages, including all languages described in paragraph
(1)(A)(ii).
(3) Definitions.--In this subsection:
(A) Hazardous chemical.--The term ``hazardous
chemical'' has the meaning given such term in section
1910.1200(c) of title 29, Code of Federal Regulations,
or a successor regulation.
(B) Household cleaning supply.--The term
``household cleaning supply''--
(i) means any product, including a soap or
detergent containing a surfactant as a wetting
or dirt emulsifying agent, that is used
primarily for domestic or commercial cleaning
purposes, including the cleansing of fabrics,
dishes, food utensils, and household and
commercial premises; and
(ii) does not include--
(I) food, drugs, or cosmetics,
including personal care items such as
toothpaste, shampoo, or hand soap; or
(II) products labeled, advertised,
marketed, or distributed for use
primarily as a pesticide subject to the
Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(C) Safety data sheets.--The term ``safety data
sheets'' means the safety data sheets required under
section 1910.1200 of title 29, Code of Federal
Regulations, or a successor regulation.
(b) NIOSH Educational Materials.--Not later than 1 year after the
date of enactment of this Act, the Director of the National Institute
for Occupational Safety and Health shall develop and publish
educational materials on protecting the health and safety of domestic
workers who provide child care or cleaning services.
SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING GRANTS.
The Secretary shall, in awarding Susan Harwood training grants
under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.), assure that hazards facing domestic workers are included as a
topic for training in any announcement for such grants issued after the
date of enactment of this Act.
SEC. 124. STUDY OF ACCESS TO WORKERS' COMPENSATION.
(a) In General.--The Secretary shall conduct a study on the
coverage of domestic workers under State workers' compensation laws.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall publish a report on--
(1) the findings of the study conducted under subsection
(a); and
(2) recommendations to improve access of domestic workers
to workers' compensation.
SEC. 125. WORKPLACE HARASSMENT SURVIVOR SUPPORTS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report, to the Interagency Task Force on Domestic Workers Bill of
Rights Enforcement established under section 303(a) and Congress, on
ways to expedite public support to ensure that survivors of workplace
harassment in low-wage, vulnerable, and marginalized sectors, such as
the domestic service sector, can access support for any of the
following:
(1) Housing services.
(2) Health care services, including mental health services.
(3) Counseling services.
(4) Workers' compensation.
(5) Unemployment insurance.
(6) Disability benefits.
(7) Transportation stipends.
(8) Any other support determined appropriate by the
Secretary.
(b) Recommendations.--The report required under subsection (a)
shall--
(1) include specific recommendations for each type of
support listed in paragraphs (1) through (8) of such
subsection; and
(2) take into account that support is needed regardless of
immigration or citizenship status.
Subtitle D--Amendment to Title VII of Civil Rights Act of 1964
SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN CIVIL RIGHTS
PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT.
Section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))
is amended by striking ``fifteen'' and inserting ``one''.
TITLE II--ORGANIZING, BENEFITS, AND WORKFORCE INVESTMENT
SEC. 201. DOMESTIC WORKER WAGE AND STANDARDS BOARD.
(a) Establishment and Purposes.--The Secretary shall establish a
board to be known as the ``Domestic Worker Wage and Standards Board''
(referred to in this section as the ``Board'') to investigate standards
in the domestic workers industry, and issue recommendations to the
Secretary under subsection (e)(1), in order to--
(1) promote the health, safety, and well-being of domestic
workers; and
(2) achieve a living wage for domestic workers.
(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 workers;
(B) 5 shall be individuals, appointed by the
Secretary in accordance with paragraph (3),
representing domestic work hiring entities; and
(C) 1 member shall be the Secretary, or a designee
of the Secretary.
(2) Domestic workers seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing domestic workers from
among individuals nominated under subparagraph (B) by
eligible worker organizations.
(B) Selection of eligible worker organizations.--
The Secretary shall enter into agreements on a
competitive basis with eligible worker organizations
for such organizations to nominate individuals to serve
as members of the Board representing domestic workers.
(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 worker organization.--In
this paragraph, the term ``eligible worker
organization'' means an organization that--
(i) is not a hiring entity or employment
agency;
(ii) represents members of the
organization, including domestic workers;
(iii)(I) is described in paragraph (3),
(4), (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; and
(II) is organized and operated for the
betterment of workers, including domestic
workers;
(iv) engages in public advocacy to promote
the health and well-being of domestic workers;
(v) has a governing structure that promotes
the decision-making power of domestic workers;
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) Domestic work hiring entity seats.--
(A) In general.--The Secretary shall appoint
members of the Board representing domestic work hiring
entities 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 domestic work
hiring entities.
(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, 1 domestic worker 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 workers;
(III) not less than 1 seat under
this paragraph is filled by an
individual who relies on a personal or
home care aide 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 functionally
disabled elderly individual, or
an individual with a
disability;
(bb) is an informal
provider of in-home care to
such functionally disabled
elderly individual or
individual with a disability;
and
(cc) contracts with, or
hires, 1 or more domestic
workers to provide additional
care for the functionally
disabled elderly individual or
individual with a disability;
(V) a single domestic work hiring
entity does not fill more than 1 seat
under this paragraph; and
(VI) any domestic work hiring
entity serving on the Board satisfies
the requirements under clause (iii).
(iii) Disclosure of labor violations.--
(I) In general.--The Secretary
shall require that each domestic work
hiring entity 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, as determined by the
Secretary, rendered against the
entity for a violation of the
labor laws listed in subclause
(II); and
(bb) any steps taken by the
entity to correct a violation
of or improve compliance with
such labor laws, 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 a domestic work hiring
entity under this clause to determine
whether the entity has a satisfactory
record of integrity and business ethics
for purposes of determining whether the
entity 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 workers; or
(II) is an association of 2 or more
individuals who hire or contract with domestic
workers; 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) half of the initial members appointed to the
Board serve a term of 4 years, including half of the
members described in subsection (b)(1)(A) and half of
the members described in subsection (b)(1)(B); and
(B) half of the initial members appointed to the
Board serve a term of 2 years, including half of the
members described in subsection (b)(1)(A) and half of
the members described in subsection (b)(1)(B).
(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.
(B) 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 workers, including recommendations for--
(i) minimum wage rates for domestic
workers;
(ii) workplace standards for domestic
workers, including standards for occupational
safety and health, hours, benefits, and other
standards that impact working conditions; and
(iii) implementing and enforcing the rights
of domestic workers granted under this Act and
other Federal laws, including rights for
minimum wage and workplace standards.
(B) Voting.--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. A quorum 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).
(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.
(2) Rulemaking.--
(A) Authority.--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) Decision.--
(i) In general.--Not later than 90 days
after receiving a recommendation from the Board
under paragraph (1), the Secretary shall issue
a decision 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.
(C) Minimum wage rates.--
(i) Limitation.--No standard included in a
rule issued under subparagraph (A) may be for a
minimum wage rate that is less than any minimum
wage rate in effect for domestic workers under
State or local law or the wage rate in effect
under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)).
(ii) Inflation.--
(I) Annual increase.--Any standard
for a minimum wage rate included in a
rule issued under subparagraph (A)
shall be increased annually based on
the annual change in the median hourly
wage of all employees as determined by
the Bureau of Labor Statistics and may
not be decreased.
(II) Interaction with board
recommendations.--If the Board does not
include, in the recommendations
submitted under paragraph (1), a
recommended standard to raise the
minimum wage rate for domestic workers,
or the Board in the recommendations
includes such a recommended standard
but the Secretary decides not to issue
a rule based on the recommended
standard, the Secretary shall, through
a rule issued not later than 1 year
after the issuance of the Board's
recommendations under paragraph (1),
provide that the minimum wage rate
shall be increased annually based on
the annual change in the median hourly
wage of all employees as determined by
the Bureau of Labor Statistics, in
accordance with subclause (I).
(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
workers than any law in effect on the date of enactment
of this Act for domestic workers under any 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 workers 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 workers;
(ii) include interpretation services in the
languages most commonly spoken by domestic
workers 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 worker organizations 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 no 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
worker organization of 1 or more individuals to serve as
members of the Board, nor service on the Board by a
representative of an eligible worker organization, shall--
(A) make the eligible worker 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 worker organization is subject
to such reporting requirements.
(2) Definition of eligible worker organization.--For
purposes of this subsection, the term ``eligible worker
organization'' has the meaning given such term in subsection
(b)(2)(D).
(i) Prohibited Acts.--No domestic work hiring entity may take any
action prohibited under paragraph (6) of section 117(b) with respect to
a domestic worker participating as a member of, or taking an action
described in paragraph (7) of such section with respect to, the Board.
(j) Rule of Construction for State and Local Standards.--Nothing in
this section shall preempt a State or local law with greater
protections for domestic workers than the protections for such workers
included in a standard issued through a rule under subsection (e)(2).
(k) Effect on Existing Domestic Worker Benefits.--
(1) More protective.--Nothing in this section shall be
construed to diminish the obligation of a domestic work hiring
entity to comply with any contract, collective bargaining
agreement, or any domestic worker benefit program or plan that
provides greater rights or benefits to domestic workers than
the rights established under this Act.
(2) Less protective.--The rights established for domestic
workers under this section shall not be diminished by any
contract, collective bargaining agreement, or any benefit
program or plan.
(l) Conforming Amendments.--Section 6(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(f)) is amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and adjusting
the margins accordingly;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly;
(3) by striking ``Any employee'' and inserting ``(1)
Subject to paragraph (2), any employee''; and
(4) by adding at the end the following:
``(2) The Secretary may, through a rule issued under section
201(e)(2) of the Domestic Workers Bill of Rights Act, establish a
standard for requiring an employer to pay any employee who in any
workweek is employed in domestic service in a household a minimum wage
at a rate provided for under such rule.''.
SEC. 202. DOMESTIC WORKERS' 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, domestic work
hiring entities, and the general public concerning how to
increase the number of domestic workers 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 review of each of the following:
(A) The levels of access to and usage of common
work-related benefits for domestic workers, 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.
(B) Barriers for domestic workers, including home
care workers who provide services for a dependent
family member, 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) participate in the Medicare program
established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.);
(iv) otherwise access affordable health
insurance; and
(v) access any other benefits described in
subparagraph (A).
(C) Reforms necessary to increase access to work-
related benefits for domestic workers, including how to
ensure appropriate funding levels, portability across
domestic work hiring entities, and effective strategies
and processes for outreach and enrollment.
(D) The portability of work-related benefits for
domestic workers and the laws, including regulations,
preventing innovation and improvement in the
portability of such benefits.
(E) A comparison of the ability of domestic workers
to access, be eligible for, and participate in public
and private sector work-related benefits compared to
such ability of other workers.
(F) Recommendations for ways to ensure domestic
workers can access public benefits.
(G) Recommendations for innovations that would--
(i) ensure domestic workers 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 hiring entities as
applicable;
(ii) provide adequate levels of such
benefits for domestic workers; and
(iii) enable a domestic worker to have
access to such benefits through multiple jobs
the worker 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) The recommendations for revising the laws, including
regulations, which determine eligibility for public and private
work-related benefits to increase access to, portability of,
and eligibility for such benefits for domestic workers.
(3) Other information and recommendations with respect to
such benefits for domestic workers as the Secretary considers
appropriate.
SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS FOR DOMESTIC WORKERS.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor, after consultation with the Secretary of Education
and the Secretary of Health and Human Services.
(2) Training services; workforce investment activities.--
The terms ``training services'' and ``workforce investment
activities'' have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b) National Grant Program for Domestic Workers.--Every 3 years,
the Secretary shall, on a competitive basis, make grants to, or enter
into contracts with, eligible entities to carry out the activities
described in subsection (d). The Secretary shall make the grants, or
enter into the contracts, for periods of 4 years.
(c) Eligibility.--
(1) Eligible entities.--To be eligible to receive a grant
or enter into a contract under this section, an entity shall
be--
(A) a nonprofit organization that is 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;
(B) an organization with a board of directors, at
least one-half of the members of which is comprised
of--
(i) domestic workers; or
(ii) representatives of an organization of
such workers, which organization is independent
from all businesses, organizations,
corporations, or individuals that would pursue
any financial interest in conflict with that of
the workers;
(C) an organization that is independent as
described in subparagraph (B); and
(D) an organization that has expertise in domestic
work and the workforce of domestic workers.
(2) Program plan.--
(A) In general.--To be eligible to receive a grant
or enter into a contract under this section, an entity
described in paragraph (1) shall submit to the
Secretary of Labor a plan that describes a 4-year
strategy for meeting the needs of domestic workers in
the area to be served by such entity.
(B) Contents.--Such plan shall--
(i) describe the domestic worker population
to be served and identify the needs of the
population to be served for workforce
investment activities and related assistance
and employment;
(ii) identify the manner in which the
services to be provided will strengthen the
ability of the domestic workers to be served to
obtain or retain employment and to improve
wages or working conditions, including upgraded
employment in the field of domestic work; and
(iii) specifically address how the funding
provided through the grant or contract for
services under this section to domestic workers
will improve wages and skills for domestic
workers in a way that helps meet the need to
recruit workers for and retain workers in in-
demand occupations or careers.
(3) Awards and administration.--The grants and contracts
shall be awarded by the Secretary using full and open
competitive procedures and shall be administered by the
Secretary.
(d) Authorized Activities.--Funds made available under this section
shall be used to carry out workforce investment activities and provide
related assistance for domestic workers, which may include--
(1) outreach, employment, training, educational assistance,
literacy assistance, English language and literacy instruction,
worker safety training, supportive services, and school dropout
prevention and recovery activities;
(2) follow-up services for those individuals placed in
employment;
(3) development or education as needed by eligible
individuals as identified;
(4) customized career and technical education in
occupations that will lead to higher wages, enhanced benefits,
and long-term employment in domestic work or another area; and
(5) the creation or maintenance of employment and training-
related placement services, including digital placement
services.
(e) Funding Allocation.--From the funds appropriated and made
available to carry out this section, the Secretary shall reserve not
more than 1 percent for discretionary purposes related to carrying out
this section, such as providing technical assistance to eligible
entities.
(f) Eligible Provider Performance Reports.--Each eligible entity
shall prepare performance reports to report on outcomes achieved by the
programs of workforce investment activities and related assistance
carried out under this section. The performance report for an eligible
entity shall include, with respect to each such program (referred to in
this paragraph as a ``program of study'') of such provider--
(1) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subclauses (I) through (IV) of section
116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)(i)) with respect to all individuals
engaging in the program of study (or the equivalent);
(2) the total number of individuals exiting from the
program of study (or the equivalent);
(3) the total number of participants who received training
services through the program;
(4) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training services, during the most recent program
year and the 3 preceding program years;
(5) the average cost per participant for the participants
who received training services, disaggregated by the type of
entity that provided the training services, during the most
recent program year and the 3 preceding program years; and
(6) information on indicators specified by the Secretary
concerning the impact of the training services on the wages,
skills, recruitment, and retention of participants.
SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING STANDARDS, AND
APPRENTICESHIPS FOR DOMESTIC WORKERS.
(a) Definition.--In this section, the term ``Secretary'' means the
Secretary of Labor, acting after consultation with the Secretary of
Education and the Secretary of Health and Human Services.
(b) Preparation.--
(1) In general.--The Secretary shall conduct an interim
study and a final study regarding the development of career
pathways, national training standards, and credentials for
domestic workers.
(2) Contents.--The study required under paragraph (1)
shall--
(A)(i) examine how the establishment of career
pathways, national training standards, or credentials
could enable the Nation to meet the growing demand for
domestic workers; and
(ii) make recommendations on whether and, if so,
how that establishment could improve wages and working
conditions across the domestic worker industry; and
(B)(i) examine how the creation or expansion of
apprenticeship programs for domestic workers, including
apprenticeship programs conducted at work sites of
domestic workers and apprenticeships that use peer
educators and peer mentors for such workers, could
improve opportunities for such workers; and
(ii) make recommendations on whether and, if so,
how, that creation or expansion could improve wages and
working conditions across the domestic worker industry.
(3) Consultation.--The study shall be conducted in
consultation with representatives of domestic workers, experts
in the field of domestic work, and domestic worker-led
organizations.
(c) Submission of Reports.--
(1) Interim report.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall prepare and
submit to Congress an interim report containing the findings of
the interim study under subsection (b).
(2) Final report.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall prepare and
submit to Congress a final report containing the findings of
the final study under subsection (b).
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 workers under this Act, and the amendments
made by this Act, including--
(i) coverage under the overtime
requirements of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207);
(ii) the right of live-in domestic
employees to certain notices and communications
under section 8 of such Act (29 U.S.C. 208);
(iii) any minimum wage for domestic workers
established through a rule issued by the
Secretary in accordance with section 201(e)(2);
(iv) the protection against retaliation
under section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3));
(v) the applicability of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000a et
seq.) to employers of 1 or more employees;
(vi) the labor rights and privacy
protections provided to domestic workers under
subtitle B of title I, including--
(I) the right to a written
agreement under section 110;
(II) the right to earned paid sick
time provided under section 111;
(III) the fair scheduling practices
required under section 112;
(IV) the right 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
(vii) the availability of--
(I) safety data sheets for
household cleaning supplies in
accordance with the consumer product
safety standard promulgated by the
Consumer Product Safety Commission
under section 7 of the Consumer Product
Safety Act (15 U.S.C. 2056) and section
122(a);
(II) educational materials from the
National Institute for Occupational
Safety and Health relating to the
health and safety of domestic workers
who provide child care or cleaning
services under section 122(b); and
(III) the national domestic worker
hotline supported under section 121,
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 workers; or
(II) representatives of
organizations of such workers, which
organization is independent from all
businesses, organizations,
corporations, or individuals that would
pursue any financial interest in
conflict with that of the workers;
(ii) is independent, as described in clause
(i)(II);
(iii) has expertise in domestic service and
the workforce of domestic workers, and has a
track record of working with domestic workers;
and
(iv) operates in a jurisdiction with a
significant population of domestic workers; or
(B) a partnership of organizations described in
subparagraph (A).
(3) Notice of domestic worker rights.--The term ``notice of
domestic worker rights'' means the document created and made
available by the Secretary under section 302(a)(1).
SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS.
(a) Providing Notice of Rights to Domestic Workers.--
(1) Notice of rights.--
(A) In general.--The Secretary shall create, and
make available, a notice of domestic worker 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 workers.
(B) Availability and accessibility of notice.--The
notice of domestic worker rights shall be--
(i) a written document made available
online, including through the website described
in subsection (b); and
(ii) available in English, Spanish, and
other languages understood by domestic workers,
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.
(C) Contents.--The notice of domestic worker rights
shall include--
(i) an explanation of the domestic workers
bill of rights;
(ii) a restatement of other Federal laws
that apply to domestic workers, including--
(I) laws relating to wage and hour
requirements for domestic workers,
including minimum wage, overtime,
travel time, recordkeeping, and other
requirements;
(II) laws that provide protections
for domestic workers against workplace
discrimination and harassment;
(III) laws providing health and
safety protections applicable to
domestic workers;
(IV) laws that protect domestic
workers from retaliation for the
exercise of workplace rights provided
to domestic workers; and
(V) laws, including the National
Labor Relations Act (29 U.S.C. 151 et
seq.), providing domestic workers with
the right to organize and engage in
protected concerted activities; and
(iii) at the end of the notice--
(I) a statement that domestic
workers can access labor organizations
to learn about their rights, and
domestic work hiring entities can
access domestic work hiring entity
organizations to learn about their
rights;
(II) a statement that State law may
provide stronger employment protections
in some instances; and
(III) a list of contact information
for national domestic worker labor
organizations and domestic work hiring
entity organizations.
(2) Greater protections.--Nothing in this subsection shall
affect any policies or practices of a domestic work hiring
entity that provides greater, additional, or more generous
wages, benefits, or working conditions to a domestic worker
than required under this section.
(b) Establishing a Domestic Workers 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 workers 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, Occupational Safety and Health Administration, and
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
and Medicaid Services and 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 workers who come forward to enforce their
workplace rights;
(B) identify challenges agencies enforcing these
workplace rights have in reaching domestic workers and
enforcing, 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 workers, 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
workers, including--
(i) how to reach, and enforce the rights
of, domestic workers who work in private homes;
(ii) ways for Federal agencies to work
together or conduct joint enforcement of
workplace rights for domestic workers, as
domestic workers 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
workers.
(2) Report.--By 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 workers.
(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
joint enforcement.
(4) Audit of federal enforcement strategies.--By 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 workers;
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 304.
SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND
ENFORCEMENT OF DOMESTIC WORKER 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 workers under relevant Federal, State, and
local laws;
(B) educate domestic workers of their rights under
the domestic workers bill of rights and other workplace
rights under Federal, State, and local laws;
(C) educate domestic work hiring entities regarding
their responsibilities and obligations under the
domestic workers bill of rights and other relevant
Federal, State, and local laws; and
(D) assist domestic workers 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 workers and domestic work
hiring entities 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 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 workers about the rights and
protections provided under the domestic workers bill of rights.
(2) Conducting educational training for domestic work
hiring entities 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 workers.
(5) Providing assistance to domestic workers in filing
claims relating to violations of the domestic workers bill of
rights, either administratively or in court.
(6) Monitoring compliance by domestic work hiring entities
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. 305. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.
The Secretary of Labor is required within the first year to issue a
rule to facilitate the use of fiscal intermediaries that enable
payments between domestic workers and domestic work hiring entities, to
improve transparency, enforcement, and working conditions of domestic
workers.
SEC. 306. J-1 VISA PROGRAM.
(a) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to limit the authority of the
Secretary of Labor or the States to enforce labor laws, or promulgate
regulations, with respect to work performed by an individual who is--
(1) participating in an exchange visitor program described
in section 62.31 of title 22, Code of Federal Regulations (or a
successor regulation); and
(2) present in the United States pursuant to a visa issued
under section 101(a)(15)(J) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(J)).
(b) Notification of Rights.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and any sponsor
designated under subsection (b) of section 62.31 of title 22,
Code of Federal Regulations (or a successor regulation), to
carry out an au pair program shall--
(A) notify each au pair participating in the
program of his or her rights under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.); and
(B) provide to each such au pair--
(i) a description of the services provided
by the Wage and Hour Division of the Department
of Labor; and
(ii) information with respect to the manner
in which the au pair may contact the Department
of Labor to request assistance.
(2) Applicability of domestic worker requirements.--The
notice requirement under paragraph (1) shall be in addition to
all other protections or notices that apply to a domestic
worker who is also an individual participating in an au pair
program.
SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PROVIDE MEDICAID-FUNDED
SERVICES.
(a) Regulations To Apply Domestic Worker 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 the following regulations:
(1) Regulations regarding the application of the
protections and rights afforded to domestic workers including
personal or home care aides 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 paragraph shall
recognize the role of self-directed care for individuals with
disabilities and shall--
(A) protect, stabilize, and expand the domestic
worker and personal or home care aide workforce;
(B) recognize the role of self-directed care for
individuals with disabilities;
(C) 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 workers (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; and
(D) 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.
(2) Regulations regarding--
(A) mechanisms for States to use to pay for the
costs described in paragraph (1)(C), including, to the
extent the Secretaries determine appropriate, through
the establishment of a dedicated State fund, using
funds appropriated to a State agency, and using fiscal
intermediaries; and
(B) how States may use funds provided as a result
of the increased Federal medical assistance percentage
for services provided by domestic workers under section
1905(ff) of such Act (42 U.S.C. 196d(ff)) (as added by
section 401) for such costs.
(b) Services Described.--The services described in this subsection
are the following:
(1) Home or community-based services provided under a
waiver approved under subsection (c) or (d) of section 1915 of
the Social Security Act (42 U.S.C. 1396n).
(2) Home and community-based services provided under a
State plan amendment under section 1915(i) of such Act (42
U.S.C. 1396n(i)).
(3) Self-directed personal assistance services provided
under section 1915(j) of such Act (42 U.S.C. 1396n(j)).
(4) Home and community-based attendant services and
supports provided under section 1915(k) of such Act (42 U.S.C.
1396n(k)).
(5) Home health care services provided under section
1905(a)(7) of such Act (42 U.S.C. 1396d(a)(7)).
(6) Rehabilitative services provided under section
1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)).
(7) Personal care services provided under section
1905(a)(24) of such Act (42 U.S.C. 1396d(a)(24)).
(8) Home and community care for functionally disabled
elderly individuals under section 1929 of such Act (42 U.S.C.
1396t).
(9) Community supported living arrangements services under
section 1930 of such Act (42 U.S.C. 1396u).
(10) Any services described in this subsection provided
under a PACE program agreement in accordance with section 1934
of such Act (42 U.S.C. 1396u-4).
(11) Any services described in this subsection provided
under a waiver approved under section 1115 of the Social
Security Act (42 U.S.C. 1315).
(12) Any other services provided by a domestic worker who
is a personal or home care aide that are funded under a State
plan under title XIX of such Act or under a waiver of such
plan, as the Secretary and the Secretary of Health and Human
Services may determine.
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 Workers
Providing Services Funded Under Medicaid.--No action may be brought
under section 118(a)(3) against a domestic work hiring entity 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 WORKERS.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (b), by striking ``and (aa)'' and
inserting ``(aa), and (ff)''; and
(2) by adding at the end the following new subsection:
``(ff) Increased FMAP for Medical Assistance for Services Provided
by Domestic Workers.--
``(1) In general.--Notwithstanding subsection (b), with
respect to amounts expended by a State for medical assistance
described in paragraph (2) that is provided by a personal or
home care aide during a quarter within the twenty-quarter
period beginning with the first quarter that begins after the
date of enactment of this subsection, the Federal medical
assistance percentage for the State and the quarter that
applies to such expenditures shall be increased by 4 percentage
points (not to exceed 100 percent).
``(2) Medical assistance described.--The medical assistance
described in this paragraph is the following:
``(A) Home or community-based services provided
under a waiver approved under subsection (c) or (d) of
section 1915.
``(B) Home and community-based services provided
under a State plan amendment under section 1915(i).
``(C) Self-directed personal assistance services
provided under section 1915(j).
``(D) Home and community-based attendant services
and supports provided under section 1915(k).
``(E) Home health care services provided under
subsection (a)(7).
``(F) Rehabilitative services provided under
subsection (a)(13).
``(G) Personal care services provided under
subsection (a)(24) of such Act.
``(H) Home and community care for functionally
disabled elderly individuals under section 1929.
``(I) Community supported living arrangements
services under section 1930.
``(J) Any services described in this paragraph that
are provided under a PACE program agreement in
accordance with section 1934.
``(K) Any services described in this paragraph that
are provided under a waiver approved under section
1115.
``(L) Such other services provided by a personal or
home care aide that are funded under the State plan or
under a waiver of such plan, as the Secretary may
determine.
``(3) Personal or home care aide defined.--In this
subsection, the term `personal or home care aide' has the
meaning given that term in section 2008(b)(6)(C) and includes
any individual who provides medical assistance described in
paragraph (2) for compensation.''.
(b) Application to CHIP.--Section 2105(a) of the Social Security
Act (42 U.S.C. 1397ee(a)) is amended by adding at the end the following
new paragraph:
``(5) Child health assistance provided by domestic
workers.--
``(A) In general.--Notwithstanding paragraph (1)
and subsection (b), the Secretary shall pay to each
State with a plan approved under this title, from its
allotment under section 2104, an amount, for each
quarter within the twenty-quarter period beginning with
the first quarter that begins after the date of
enactment of this paragraph, equal to the enhanced
FMAP, increased by 4 percentage points (not to exceed
100 percent) of expenditures in the quarter for child
health assistance and pregnancy-related assistance
described in subparagraph (B) that are provided under
the plan for targeted low-income children and targeted
low-income women.
``(B) Child health assistance and pregnancy-related
assistance described.--The child health assistance and
pregnancy-related assistance described in this
subparagraph are the following:
``(i) Home and community-based health care
services and related supportive services under
paragraph (14) of section 2110 (other than
training for family members, and minor
modifications to the home).
``(ii) Rehabilitative services under
paragraph (24) of section 2110.''.
SEC. 402. PROCESS FOR DETERMINING AN INCREASED FMAP TO ENSURE A ROBUST
HOMECARE WORKFORCE UNDER MEDICAID.
(a) Data Collection.--The Secretary of Health and Human Services,
acting through the Assistant Secretary for Planning and Evaluation
(referred to in this section as ``ASPE''), shall enter into
arrangements with States to collect State Medicaid program data on the
personal or home care aide workforce. The data collected under such
arrangements shall include the following:
(1) Rates of retention and turnover of personal or home
care aides by program type and State.
(2) Causes of such turnover.
(3) Numbers and types of personal or home care aides
impacted by this Act and the amendments made by this Act,
including, but not limited to, with respect to--
(A) personal or home care aides providing services
to individuals who are enrolled in a State Medicaid
program, including, in the case of individuals enrolled
under a waiver of such program, the types of waivers
involved; and
(B) personal or home care aides providing services
to individuals who are not enrolled in a State Medicaid
program.
(4) Wages earned by personal or home care aides in each
State.
(5) Variations in wages across types of employers of
personal or home care aides.
(6) Any other such data as ASPE determines relevant to
studying how to improve the recruitment and retention of the
personal or home care aide workforce.
(b) Proposed FMAP Increase.--
(1) In general.--Based on the data collected under
arrangements entered into under subsection (a), ASPE shall
determine a proposed increased FMAP for amounts expended by a
State for medical assistance described in section 1905(ff)(2)
of the Social Security Act (42 U.S.C. 1396d(ff)(2)) (as added
by section 401) under the State Medicaid program that is
provided by a personal or home care aide.
(2) Requirements.--The proposed increased FMAP shall be
designed to do the following:
(A) Provide adequate reimbursement under State
Medicaid programs for increased costs for Federal,
State, and local changes in wages and benefits for
personal or home care aides as a result of this Act and
the amendments made by this Act.
(B) Improve the rates of retention and recruitment
of personal or home care aides who provide medically
necessary services.
(C) Ensure the independence and integration of
individuals with disabilities who rely on personal or
home care aides.
(3) Consultation.--In determining such proposed increased
FMAP, ASPE shall consult with the Domestic Worker Wage and
Standards Board and shall provide that Board with the
opportunity to make formal written comments on ASPE's final
proposed increased FMAP before the report required under
subsection (c) is submitted to Congress.
(c) Report.--
(1) Deadline.--Not later than 1 year after the date of
enactment of this Act, ASPE shall submit a report to Congress
that includes the following:
(A) The proposed increased FMAP determined by ASPE.
(B) An explanation of the benefits of using the
proposed increased FMAP calculation for--
(i) the personal or home care aide
workforce; and
(ii) elderly individuals and individuals
with disabilities who are provided medical
assistance described in section 1905(ff)(2) of
the Social Security Act (42 U.S.C.
1396d(ff)(2)) (as added by section 401) by a
personal or home care aide, as well as to
family caregivers.
(C) The written comments, if any, submitted by the
Domestic Worker Wage and Standards Board to ASPE prior
to the submission of the report.
(D) Suggestions for how States and the Federal
Government can improve the process of obtaining timely,
uniform data under State Medicaid programs regarding
the personal or home care aide workforce.
(2) Optional addendum.--Not later than 90 days after the
report required under paragraph (1) is submitted to Congress,
the Domestic Worker Wage and Standards Board may submit an
addendum to the report to Congress that contains the Board's
views regarding the proposed increased FMAP and report
submitted by ASPE.
(d) Definitions.--In this section:
(1) Personal or home care aide.--The term ``personal or
home care aide'' has the meaning given that term in section
1905(ff)(3) of the Social Security Act (42 U.S.C.
1396d(ff)(3)).
(2) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), as determined without
regard to this section.
(3) State.--The term ``State'' has the meaning given that
term in section 1101 of the Social Security Act (42 U.S.C.
1301) for purposes of title XIX of that Act.
(4) State medicaid program.--The term ``State Medicaid
program'' means, with respect to a State, the program for
medical assistance carried out by a State under a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and any waiver of that plan.
SEC. 403. 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.
<all>
Domestic Workers Bill of Rights Act
#3760 | HR Congress #116
Policy Area: Labor and Employment
Subjects: Advisory bodiesAssault and harassment offensesChild care and developmentChild healthCivil actions and liabilityCongressional oversightCriminal justice information and recordsDisability and paralysisDisability assistanceDomestic violence and child abuseEmergency communications systemsEmployee benefits and pensionsEmployee hiringEmployee leaveEmployment and training programsEmployment discrimination and employee rightsFood assistance and reliefForeign laborForeign language and bilingual programs
Last Action: Referred to the Subcommittee on Health. (7/16/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text