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S. 2569, Domestic Workers Bill of Rights Act

Summary

Senate bill S. 2569 of the 117th Congress, 1st Session, was introduced July 29, 2021, to enhance the rights of domestic workers. Gillibrand introduced it with the cosponsors named in the heading, and it was referred to the Committee on Health, Education, Labor, and Pensions. The short title is the Domestic Workers Bill of Rights Act. Title I includes amendments to the Fair Labor Standards Act of 1938 on overtime protections for live-in domestic employees, written agreements, fair scheduling practices, breaks for meals and rest, and a national domestic worker hotline. Title II covers a domestic worker standards board and a domestic workers’ benefits study.

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Document type
Bills Bills 117S2569Is Bills 117S2569Is
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Bills Bills 117S2569Is Bills 117S2569Is

Cite this document

“S. 2569, Domestic Workers Bill of Rights Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2569is-bills-117s2569is/, SHA-256 7b33c3132659bb0ae0940f3f8cf8b03a3e57e551b358b20f1d7fa931c23ef92e.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                              S. 2569
                                                                               To enhance the rights of domestic workers, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                     JULY 29, 2021
                                                                       Mrs. GILLIBRAND (for herself, Mr. LUJÁN, Mr. BLUMENTHAL, Mr. PADILLA,
                                                                           Mr. SANDERS, Mr. MARKEY, Ms. KLOBUCHAR, Ms. WARREN, Mr.
                                                                           MERKLEY, Mr. BOOKER, Ms. BALDWIN, and Mr. DURBIN) introduced the
                                                                           following bill; which was read twice and referred to the Committee on
                                                                           Health, Education, Labor, and Pensions




                                                                                                                 A BILL
                                                                           To enhance the rights of domestic workers, and for other
                                                                                                  purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Domestic Workers Bill of Rights Act’’.
                                                                         6              (b) TABLE OF CONTENTS.—The table of contents for
                                                                         7 this Act is as follows:




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                                                                               Sec. 1. Short title; table of contents.
                                                                               Sec. 2. Findings.
                                                                               Sec. 3. Definitions.

                                                                                      TITLE I—DOMESTIC WORKER RIGHTS AND PROTECTIONS



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                                                                                       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. 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—STANDARDS BOARD, BENEFITS, AND WORKFORCE
                                                                                                       INVESTMENT

                                                                               Sec. 201. Domestic worker 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 Enforce-
                                                                                               ment.
                                                                               Sec. 304. National grant for community-based education, outreach, and en-
                                                                                               forcement of domestic worker rights.
                                                                               Sec. 305. Encouraging the use of fiscal intermediaries.
                                                                               Sec. 306. J–1 Visa program.




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                                                                               Sec. 307. Application to domestic workers who provide Medicaid-funded serv-
                                                                                               ices.
                                                                               Sec. 308. Delayed enforcement for government-funded programs.

                                                                                                                       TITLE IV—FUNDING

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                                                                               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.

                                                                                                                TITLE V—SEVERABILITY

                                                                               Sec. 501. Severability.

                                                                         1     SEC. 2. FINDINGS.

                                                                         2              Congress finds the following:
                                                                         3                       (1) There are an estimated 2,200,000 domestic
                                                                         4              workers across the United States working in private
                                                                         5              homes to provide home and personal care, child care,
                                                                         6              and house-cleaning services.
                                                                         7                       (2) Domestic work is a job-enabling job that
                                                                         8              makes all other work possible. It is labor that cannot
                                                                         9              be outsourced to individuals abroad, nor is it close
                                                                       10               to being automated. Without the millions of domes-
                                                                       11               tic workers caring for children, seniors, and people
                                                                       12               with disabilities, and cleaning homes, much of the
                                                                       13               economy would come to a standstill.
                                                                       14                        (3) During the COVID–19 pandemic, domestic
                                                                       15               work and other low-wage service jobs, disproportion-
                                                                       16               ately held by women, women of color, and immi-
                                                                       17               grants, have been deemed essential. This crisis has
                                                                       18               shown how essential these jobs have always been to
                                                                       19               our economy. At great risk to the health of them-




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                                                                       20               selves and their families, domestic workers have
                                                                       21               worked on the frontlines of the pandemic to provide

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                                                                         1              care to those more vulnerable to COVID–19, seniors,
                                                                         2              and individuals with disabilities, and have provided
                                                                         3              child care for the children of essential workers. A
                                                                         4              study of Black immigrant domestic workers con-
                                                                         5              ducted by the Institute for Policy Studies and the
                                                                         6              National Domestic Workers Alliance in May and
                                                                         7              June of 2020 found that 25 percent of workers sur-
                                                                         8              veyed experienced or lived with someone who has ex-
                                                                         9              perienced COVID–19 symptoms. 73 percent of such
                                                                       10               workers surveyed indicated that they did not re-
                                                                       11               ceived personal protective equipment (‘‘PPE’’) from
                                                                       12               their employers.
                                                                       13                        (4) Domestic workers experienced a rapid and
                                                                       14               sustained loss of jobs during the COVID–19 pan-
                                                                       15               demic, which exacerbated the existing financial inse-
                                                                       16               curity experienced by many domestic workers. Sur-
                                                                       17               veys from the National Domestic Workers Alliance
                                                                       18               and NDWA Labs between March and September
                                                                       19               2020 found that for 6 consecutive months more than
                                                                       20               half of domestic workers surveyed were unable to
                                                                       21               pay their rent or mortgage. Nearly 3⁄4 of workers
                                                                       22               surveyed did not receive any compensation when
                                                                       23               their jobs were canceled.




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                                                                       24                        (5) The employment of individuals in domestic
                                                                       25               service in households affects commerce, as described


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                                                                         1              in section 2(a) of the Fair Labor Standards Act of
                                                                         2              1938 (29 U.S.C. 202(a)).
                                                                         3                       (6) Domestic workers are hired or contacted for
                                                                         4              work by phone, mail, or internet, or through news-
                                                                         5              paper ads, and travel to work through transpor-
                                                                         6              tation on interstate highways, interstate transit, or
                                                                         7              vehicles in interstate commerce.
                                                                         8                       (7) In 2019, the Bureau of Labor Statistics
                                                                         9              predicted that between 2019 and 2029—
                                                                       10                                  (A) the number of new jobs for home
                                                                       11                        health and personal care aides will increase by
                                                                       12                        34 percent, which is an increase of 1,159,500
                                                                       13                        jobs and the largest increase in new jobs of any
                                                                       14                        occupational category during such period; and
                                                                       15                                  (B) the number of new jobs for child care
                                                                       16                        and house cleaning positions will increase by 6
                                                                       17                        to 7 percent.
                                                                       18                        (8) The COVID–19 pandemic has increased the
                                                                       19               demand for in-home child care. According to the
                                                                       20               Center for Translational Neuroscience, the percent-
                                                                       21               age of parents reporting use of home-based child
                                                                       22               care has grown since the onset of the pandemic from
                                                                       23               27 percent to 31 percent.




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                                                                       24                        (9) An increasing number of workers, including
                                                                       25               domestic workers, are finding work on online plat-


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                                                                         1              forms. An analysis from the JPMorgan Chase Insti-
                                                                         2              tute found that between 2013 and 2018, the per-
                                                                         3              centage of adults that had earned income from on-
                                                                         4              line platforms increased from 0.3 percent to 1.5 per-
                                                                         5              cent.
                                                                         6                       (10) 9 out of 10 domestic workers are women,
                                                                         7              and such women are disproportionately people of
                                                                         8              color and immigrants. Women, people of color, and
                                                                         9              immigrants have historically faced barriers to em-
                                                                       10               ployment and economic advancement. According to
                                                                       11               the Economic Policy Institute, domestic workers also
                                                                       12               tend to be older than other workers. 2 in 5 domestic
                                                                       13               workers are age 50 or older, while just 1⁄3 of all
                                                                       14               other workers are at least 50 years old.
                                                                       15                        (11) Domestic workers are paid low wages, can
                                                                       16               be subjected to workplace health and safety hazards,
                                                                       17               and face difficulties saving for retirement. An Eco-
                                                                       18               nomic Policy Institute analysis of data from the
                                                                       19               Current Population Survey indicates that the aver-
                                                                       20               age wage for a domestic worker is approximately
                                                                       21               $12 per hour or $15,980 per year if working full-
                                                                       22               time. In practice, the average wage for a domestic
                                                                       23               worker is less than such approximation given that




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                                                                       24               domestic work has largely been negotiated in the in-
                                                                       25               formal labor market.


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                                                                         1                       (12) Low-wage workers, including domestic
                                                                         2              workers, experience high rates of minimum wage
                                                                         3              and overtime violations, violations of laws related to
                                                                         4              workers’ compensation and other workplace benefits,
                                                                         5              and illegal retaliation. A 2017 study from the Eco-
                                                                         6              nomic Policy Institute found that 2,400,000 work-
                                                                         7              ers—17 percent of the low-wage workforce—experi-
                                                                         8              ences wage theft. A 2009 report from the National
                                                                         9              Employment Law Project found that employment in
                                                                       10               private homes was one of the 3 industries with the
                                                                       11               highest rates of employment and labor law viola-
                                                                       12               tions.
                                                                       13                        (13) A landmark study of domestic workers
                                                                       14               published in 2012 by the National Domestic Work-
                                                                       15               ers Alliance and the Center for Urban Economic De-
                                                                       16               velopment of the University of Illinois at Chicago
                                                                       17               Data Center titled ‘‘Home Economics: The Invisible
                                                                       18               and Unregulated World of Domestic Work’’ indi-
                                                                       19               cated poor working conditions across the domestic
                                                                       20               workers industry. The findings of such study in-
                                                                       21               cluded that—
                                                                       22                                  (A) domestic workers have little control
                                                                       23                        over their working conditions, and employment




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                                                                       24                        is usually arranged without a written contract;




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                                                                         1                                 (B) 35 percent of domestic workers inter-
                                                                         2                       viewed reported that they worked long hours
                                                                         3                       without breaks in the year immediately pre-
                                                                         4                       ceding the interview;
                                                                         5                                 (C) 25 percent of live-in domestic workers
                                                                         6                       had responsibilities that prevented them from
                                                                         7                       getting at least 5 hours of uninterrupted sleep
                                                                         8                       at night during the week immediately preceding
                                                                         9                       the interview; and
                                                                       10                                  (D) 91 percent of domestic workers inter-
                                                                       11                        viewed who encountered problems with their
                                                                       12                        working conditions in the year immediately pre-
                                                                       13                        ceding the interview did not complain about
                                                                       14                        their working conditions because they were
                                                                       15                        afraid they would lose their job.
                                                                       16                        (14) The study described in paragraph (13)
                                                                       17               found that domestic workers have little access to
                                                                       18               federally supported employment benefits. For in-
                                                                       19               stance—
                                                                       20                                  (A) less than 2 percent of such workers re-
                                                                       21                        ceive retirement or pension benefits, and less
                                                                       22                        than 9 percent of such workers work for em-
                                                                       23                        ployers that collect payroll taxes on wages paid




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                                                                       24                        to such workers to provide eligibility for Social
                                                                       25                        Security benefits; and


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                                                                         1                                 (B) 65 percent of such workers do not
                                                                         2                       have health insurance, and only 4 percent of
                                                                         3                       such workers receive employer-provided insur-
                                                                         4                       ance, despite the fact that domestic work is
                                                                         5                       hazardous and often results in illness or phys-
                                                                         6                       ical injuries.
                                                                         7                       (15) Compounding these challenges is the fact
                                                                         8              that many domestic workers have been, and in many
                                                                         9              cases continue to be, excluded from key provisions of
                                                                       10               labor and employment laws like the Occupational
                                                                       11               Health and Safety Act of 1970 (29 U.S.C. 651 et
                                                                       12               seq.), and the National Labor Relations Act (29
                                                                       13               U.S.C. 151 et seq.). Live-in domestic workers em-
                                                                       14               ployed by private households remain excluded from
                                                                       15               the overtime protections in the Fair Labor Stand-
                                                                       16               ards Act of 1938 (29 U.S.C. 201 et seq.). Minimum
                                                                       17               employee threshold rules, misclassification of domes-
                                                                       18               tic workers as independent contractors, and exclu-
                                                                       19               sion of independent contractors from coverage mean
                                                                       20               that most domestic workers are also de facto ex-
                                                                       21               cluded from Federal civil rights protections, includ-
                                                                       22               ing protections under title VII of the Civil Rights
                                                                       23               Act of 1964 (29 U.S.C. 2000e et seq.) and other




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                                                                       24               laws.




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                                                                         1                       (16) The International Labour Organization’s
                                                                         2              Domestic Workers Convention, adopted in 2011,
                                                                         3              calls for domestic workers to have the right to free-
                                                                         4              dom of association and collective actions, protections
                                                                         5              against harassment, privacy rights, and the right to
                                                                         6              be informed of conditions of employment. This Con-
                                                                         7              vention also calls for the right of domestic workers
                                                                         8              to keep their travel documents, the right to overtime
                                                                         9              compensation and rest breaks, the right to minimum
                                                                       10               wage coverage, the right to occupational safety and
                                                                       11               health protections, and mechanisms to pursue com-
                                                                       12               plaints and ensure compliance with the law.
                                                                       13                        (17) The unique nature of their work, in pri-
                                                                       14               vate homes with individuals and families, also often
                                                                       15               makes it difficult for domestic workers to use Fed-
                                                                       16               eral programs and policies to improve their skills
                                                                       17               and training and to join together collectively to ne-
                                                                       18               gotiate better pay and working conditions.
                                                                       19                        (18) Many domestic workers are also vulnerable
                                                                       20               to discrimination and sexual harassment. These
                                                                       21               issues are further exacerbated by the unique working
                                                                       22               conditions faced by domestic workers, such as isola-
                                                                       23               tion, poverty, immigration status, the lack of famili-




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                                                                       24               arity with the law and legal processes, limited net-




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                                                                         1              works for support, language barriers, and fear of re-
                                                                         2              taliation and deportation.
                                                                         3                       (19) Millions of older individuals, individuals
                                                                         4              with disabilities, and families are increasingly relying
                                                                         5              on domestic workers. By bringing domestic work out
                                                                         6              of the shadows and creating incentives and invest-
                                                                         7              ments that help raise wages and standards for do-
                                                                         8              mestic workers, the Federal Government can lift mil-
                                                                         9              lions of the most vulnerable workers out of poverty,
                                                                       10               reduce turnover due to poor working conditions,
                                                                       11               thereby enhancing quality of care, and support the
                                                                       12               millions of working and retired people of the United
                                                                       13               States who rely on them.
                                                                       14      SEC. 3. DEFINITIONS.

                                                                       15               (a) FAIR LABOR STANDARDS ACT DEFINITIONS.—
                                                                       16 In this Act—
                                                                       17                        (1) the terms ‘‘commerce’’, ‘‘employ’’, ‘‘em-
                                                                       18               ployee’’, ‘‘employer’’, ‘‘enterprise’’, ‘‘enterprise en-
                                                                       19               gaged in commerce or in the production of goods for
                                                                       20               commerce’’, ‘‘goods’’, ‘‘person’’, and ‘‘State’’ have
                                                                       21               the meanings given such terms in section 3 of the
                                                                       22               Fair Labor Standards Act of 1938 (29 U.S.C. 203);
                                                                       23               and




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                                                                         1                       (2) the term ‘‘regular rate’’ has the meaning
                                                                         2              given such term in section 7(e) of such Act (29
                                                                         3              U.S.C. 207(e)).
                                                                         4              (b) OTHER DEFINITIONS.—In this Act:
                                                                         5                       (1) CAREER                  PATHWAY.—The                         term ‘‘career
                                                                         6              pathway’’ has the meaning given such term in sec-
                                                                         7              tion 3 of the Workforce Innovation and Opportunity
                                                                         8              Act (29 U.S.C. 3102).
                                                                         9                       (2) CHILD.—The term ‘‘child’’—
                                                                       10                                  (A) means an individual who is under 18
                                                                       11                        years of age; and
                                                                       12                                  (B) includes an individual described in
                                                                       13                        subparagraph (A) who is—
                                                                       14                                         (i) a biological, foster, or adopted
                                                                       15                                  child;
                                                                       16                                         (ii) a stepchild;
                                                                       17                                         (iii) a child of a domestic partner;
                                                                       18                                         (iv) a legal ward; or
                                                                       19                                         (v) a child of a person standing in
                                                                       20                                  loco parentis.
                                                                       21                        (3) DISABILITY.—The term ‘‘disability’’ has the
                                                                       22               meaning given the term in section 3 of the Ameri-
                                                                       23               cans with Disabilities Act of 1990 (42 U.S.C.




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                                                                       24               12102).
                                                                       25                        (4) DOMESTIC PARTNER.—


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                                                                         1                                 (A) IN          GENERAL.—The                     term ‘‘domestic
                                                                         2                       partner’’, with respect to an individual, means
                                                                         3                       another individual with whom the individual is
                                                                         4                       in a committed relationship.
                                                                         5                                 (B)         COMMITTED                   RELATIONSHIP           DE-

                                                                         6                       FINED.—The                 term ‘‘committed relationship’’
                                                                         7                       for purposes of subparagraph (A)—
                                                                         8                                        (i) means a relationship between 2 in-
                                                                         9                                 dividuals, each at least 18 years of age, in
                                                                       10                                  which both individuals share responsibility
                                                                       11                                  for a significant measure of each other’s
                                                                       12                                  common welfare; and
                                                                       13                                         (ii) includes any such relationship be-
                                                                       14                                  tween 2 individuals, including individuals
                                                                       15                                  of the same sex, that is granted legal rec-
                                                                       16                                  ognition by a State or political subdivision
                                                                       17                                  of a State as a marriage or analogous rela-
                                                                       18                                  tionship, including a civil union or domes-
                                                                       19                                  tic partnership.
                                                                       20                        (5) DOMESTIC SERVICES.—The term ‘‘domestic
                                                                       21               services’’—
                                                                       22                                  (A) means services—
                                                                       23                                         (i) of a household nature;




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                                                                       24                                         (ii) provided in interstate commerce;
                                                                       25                                  and


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                                                                         1                                        (iii) performed by an individual in or
                                                                         2                                 about a private home (permanent or tem-
                                                                         3                                 porary); and
                                                                         4                                 (B) includes services performed by individ-
                                                                         5                       uals such as companions, babysitters, cooks,
                                                                         6                       waiters, butlers, valets, maids, housekeepers,
                                                                         7                       nannies, nurses, janitors, laundresses, care-
                                                                         8                       takers, handymen, gardeners, home health
                                                                         9                       aides, personal care aides or assistants, and
                                                                       10                        chauffeurs of automobiles for family use.
                                                                       11                        (6) DOMESTIC WORKER.—The term ‘‘domestic
                                                                       12               worker’’—
                                                                       13                                  (A) means, except as provided in subpara-
                                                                       14                        graph (B), an individual, including an em-
                                                                       15                        ployee, who is compensated directly or indirectly
                                                                       16                        for the performance of domestic services; and
                                                                       17                                  (B) does not include—
                                                                       18                                         (i) an individual who is a family mem-
                                                                       19                                  ber, friend, neighbor, or parent of a child
                                                                       20                                  and who provides child care for the child in
                                                                       21                                  the child’s home;
                                                                       22                                         (ii) any individual who is—
                                                                       23                                                  (I) an employee of a family child




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                                                                       24                                         care provider; or




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                                                                         1                                                 (II) a family child care provider;
                                                                         2                                        and
                                                                         3                                        (iii) any employee described in section
                                                                         4                                 13(a)(15) of the Fair Labor Standards Act
                                                                         5                                 of 1938 (29 U.S.C. 213(a)(15)).
                                                                         6                       (7) DOMESTIC                     WORK         HIRING             ENTITY.—The

                                                                         7              term ‘‘domestic work hiring entity’’—
                                                                         8                                 (A) means any person who provides com-
                                                                         9                       pensation directly or indirectly to a domestic
                                                                       10                        worker for the performance of domestic serv-
                                                                       11                        ices; and
                                                                       12                                  (B) includes—
                                                                       13                                         (i) a person acting directly or indi-
                                                                       14                                  rectly in the interest of a hiring entity in
                                                                       15                                  relation to a domestic worker; and
                                                                       16                                         (ii) an employer of a domestic worker.
                                                                       17                        (8) FAMILY CHILD CARE PROVIDER.—The term
                                                                       18               ‘‘family child care provider’’ means 1 or more indi-
                                                                       19               viduals who provide child care services, in a private
                                                                       20               residence other than the residence of the child re-
                                                                       21               ceiving the services, for fewer than 24 hours per day
                                                                       22               for the child (unless the nature of the work of the
                                                                       23               parent of the child requires 24-hour care).




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                                                                         1                       (9) MEDICAID HCBS-ELIGIBLE ELDERLY INDI-
                                                                         2              VIDUAL.—The term ‘‘Medicaid HCBS-eligible elderly

                                                                         3              individual’’ means an individual who—
                                                                         4                                 (A) is 65 years of age or older;
                                                                         5                                 (B) is eligible for and enrolled for medical
                                                                         6                       assistance for any of the following services
                                                                         7                       (whether provided on a fee-for-service, risk, or
                                                                         8                       other basis) under a State Medicaid program
                                                                         9                       under title XIX of the Social Security Act (42
                                                                       10                        U.S.C. 1396 et seq.) (including any waiver or
                                                                       11                        demonstration under such title or under section
                                                                       12                        1115 of such Act (42 U.S.C. 1315) relating to
                                                                       13                        such title), and includes an individual who be-
                                                                       14                        comes eligible for medical assistance under a
                                                                       15                        State Medicaid program when removed from a
                                                                       16                        waiting list:
                                                                       17                                         (i) Home health care services author-
                                                                       18                                  ized under paragraph (7) of section
                                                                       19                                  1905(a) of the Social Security Act (42
                                                                       20                                  U.S.C. 1396d(a)).
                                                                       21                                         (ii) Personal care services authorized
                                                                       22                                  under paragraph (24) of such section.
                                                                       23                                         (iii) PACE services authorized under




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                                                                       24                                  paragraph (26) of such section.




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                                                                         1                                         (iv) Home and community-based serv-
                                                                         2                                 ices authorized under subsections (b), (c),
                                                                         3                                 (i), (j), and (k) of section 1915 of such Act
                                                                         4                                 (42 U.S.C. 1396n), such services author-
                                                                         5                                 ized under a waiver under section 1115 of
                                                                         6                                 such Act (42 U.S.C. 1315), and such serv-
                                                                         7                                 ices provided through coverage authorized
                                                                         8                                 under section 1937 of such Act (42 U.S.C.
                                                                         9                                 1396u–7).
                                                                       10                                          (v) Case management services author-
                                                                       11                                  ized under section 1905(a)(19) of the So-
                                                                       12                                  cial Security Act (42 U.S.C. 1396d(a)(19))
                                                                       13                                  and section 1915(g) of such Act (42
                                                                       14                                  U.S.C. 1396n(g)).
                                                                       15                                          (vi) Rehabilitative services, including
                                                                       16                                  those related to behavioral health, de-
                                                                       17                                  scribed in section 1905(a)(13) of such Act
                                                                       18                                  (42 U.S.C. 1396d(a)(13)).
                                                                       19                                          (vii) Such other services specified by
                                                                       20                                  the Secretary of Health and Human Serv-
                                                                       21                                  ices.
                                                                       22                        (10) PARENT.—The term ‘‘parent’’, with re-
                                                                       23               spect to a parent of a domestic worker, means a bio-




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                                                                       24               logical, foster, or adoptive parent of a domestic
                                                                       25               worker, a stepparent of a domestic worker, parent-


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                                                                         1              in-law of a domestic worker, parent of a domestic
                                                                         2              partner of a domestic worker, or a legal guardian or
                                                                         3              other person who stood in loco parentis to the do-
                                                                         4              mestic worker when the worker was a child.
                                                                         5                       (11) PERSONAL CARE AIDE OR ASSISTANT.—
                                                                         6              The term ‘‘personal care aide or assistant’’ means
                                                                         7              an individual who provides personal care services.
                                                                         8                       (12) PERSONAL                     CARE SERVICES.—The                      term
                                                                         9              ‘‘personal care services’’ means assistance provided
                                                                       10               to an individual who is not an inpatient or resident
                                                                       11               of a hospital, nursing facility, intermediate care fa-
                                                                       12               cility for individuals with intellectual disabilities, or
                                                                       13               institution for mental disease that enables the recipi-
                                                                       14               ent to accomplish activities of daily living or instru-
                                                                       15               mental activities of daily living.
                                                                       16                        (13)         SECRETARY.—The                          term          ‘‘Secretary’’
                                                                       17               means the Secretary of Labor.
                                                                       18                        (14) SELF-DIRECTED CARE.—The term ‘‘self-
                                                                       19               directed care’’, with respect to an individual, means
                                                                       20               services for the individual that are planned and pur-
                                                                       21               chased under the direction and control of the indi-
                                                                       22               vidual, including the amount, duration, scope, pro-
                                                                       23               vider, and location of the services.




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                                                                         1                       (15) SHARED                      LIVING           ARRANGEMENT.—The

                                                                         2              term ‘‘shared living arrangement’’ means a living ar-
                                                                         3              rangement involving—
                                                                         4                                 (A) not more than 2 individuals who are
                                                                         5                       an individual with a disability or a Medicaid
                                                                         6                       HCBS-eligible elderly individual, except if 1 or
                                                                         7                       more of the individuals are related to each
                                                                         8                       other (by blood or a close association that is
                                                                         9                       equivalent to a family relationship);
                                                                       10                                  (B) an individual providing services for
                                                                       11                        compensation and living in the private home of
                                                                       12                        the recipient of such services;
                                                                       13                                  (C)         an         individual            receiving          funding
                                                                       14                        through a State Medicaid program under title
                                                                       15                        XIX of the Social Security Act (42 U.S.C. 1396
                                                                       16                        et seq.), or another publicly funded program;
                                                                       17                                  (D) a stipend or room and board as the
                                                                       18                        primary form of payment for the individual pro-
                                                                       19                        viding such services; and
                                                                       20                                  (E) the individual receiving such services
                                                                       21                        having the final decision regarding who is the
                                                                       22                        provider of such services living with the indi-
                                                                       23                        vidual, through a consumer-driven matching




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                                                                       24                        process that includes relationship building, per-
                                                                       25                        son-centered planning as defined by the Admin-


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                                                                         1                       istrator of the Centers for Medicare & Medicaid
                                                                         2                       Services, and an assessment of individual com-
                                                                         3                       patibility.
                                                                         4                       (16) SPOUSE.—The term ‘‘spouse’’, with re-
                                                                         5              spect to a domestic worker, has the meaning given
                                                                         6              such term by the marriage laws of the State in
                                                                         7              which the marriage was celebrated.
                                                                         8          TITLE I—DOMESTIC WORKER
                                                                         9           RIGHTS AND PROTECTIONS
                                                                       10           Subtitle A—Amendments to the
                                                                       11          Fair Labor Standards Act of 1938
                                                                       12      SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC

                                                                       13                              EMPLOYEES.

                                                                       14               Section 13(b)(21) of the Fair Labor Standards Act
                                                                       15 of 1938 (29 U.S.C. 213(b)(21)) is repealed.
                                                                       16      SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION

                                                                       17                              NOTICES AND COMMUNICATIONS.

                                                                       18               (a) IN GENERAL.—The Fair Labor Standards Act of
                                                                       19 1938 (29 U.S.C. 201 et seq.) is amended by inserting
                                                                       20 after section 7 (29 U.S.C. 207) the following:
                                                                       21      ‘‘SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NO-

                                                                       22                              TICES AND COMMUNICATIONS.

                                                                       23               ‘‘(a) DEFINITION                      OF        LIVE-IN DOMESTIC EM-




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                                                                       24      PLOYEE.—In this section, the term ‘live-in domestic em-

                                                                       25 ployee’ means any employee who—


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                                                                         1                       ‘‘(1) is employed in domestic service in a house-
                                                                         2              hold and resides in such household; and
                                                                         3                       ‘‘(2) in any workweek is engaged in commerce
                                                                         4              or in the production of goods for commerce or is em-
                                                                         5              ployed in an enterprise engaged in commerce or in
                                                                         6              the production of goods for commerce.
                                                                         7              ‘‘(b) NOTICE OF TERMINATION FOR LIVE-IN DOMES-
                                                                         8     TIC EMPLOYEES.—

                                                                         9                       ‘‘(1) IN GENERAL.—If an employer terminates
                                                                       10               the employment of a live-in domestic employee, the
                                                                       11               employer shall, except as provided in paragraph (3),
                                                                       12               provide the live-in domestic employee with—
                                                                       13                                  ‘‘(A) written notice of the termination not
                                                                       14                        later than 48 hours after such termination; and
                                                                       15                                  ‘‘(B)(i) not less than 30 calendar days of
                                                                       16                        lodging at—
                                                                       17                                         ‘‘(I) the household premises of the
                                                                       18                                  employer, as customarily provided by the
                                                                       19                                  employer; or
                                                                       20                                         ‘‘(II) another premise of a comparable
                                                                       21                                  lodging condition; or
                                                                       22                                  ‘‘(ii) severance pay in an amount equiva-
                                                                       23                        lent to the average earnings of the live-in do-




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                                                                       24                        mestic employee for 2 weeks of employment
                                                                       25                        during the preceding 6 months.


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                                                                         1                       ‘‘(2) OFF-SITE LODGING OR SEVERANCE.—If an
                                                                         2              employer chooses to provide a live-in domestic em-
                                                                         3              ployee who is terminated, as described in paragraph
                                                                         4              (1), lodging described in paragraph (1)(B)(i)(II) or
                                                                         5              severance pay described in paragraph (1)(B)(ii), the
                                                                         6              employer shall allow the live-in domestic employee
                                                                         7              not less than 48 hours after the notice provided
                                                                         8              under paragraph (1)(A) to vacate the household of
                                                                         9              the employer.
                                                                       10                        ‘‘(3) EXCEPTION.—
                                                                       11                                  ‘‘(A)       IN         GENERAL.—The                     requirements
                                                                       12                        under paragraph (1) shall not be required in a
                                                                       13                        case involving a good faith allegation described
                                                                       14                        in subparagraph (B) that the live-in domestic
                                                                       15                        employee has engaged in abuse or neglect, or
                                                                       16                        caused any other harmful conduct, against the
                                                                       17                        employer, any member of the family of the em-
                                                                       18                        ployer, or any individual residing in the house-
                                                                       19                        hold of the employer.
                                                                       20                                  ‘‘(B) GOOD FAITH ALLEGATIONS.—A good
                                                                       21                        faith allegation described in this subparagraph
                                                                       22                        shall be—
                                                                       23                                          ‘‘(i) made in writing and provided to




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                                                                       24                                  the employee not later than 48 hours after




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                                                                         1                                 the employer has knowledge of the conduct
                                                                         2                                 of the employee;
                                                                         3                                        ‘‘(ii) supported by a reasonable basis
                                                                         4                                 and belief; and
                                                                         5                                        ‘‘(iii) made without reckless disregard
                                                                         6                                 or willful ignorance of the truth.
                                                                         7              ‘‘(c) COMMUNICATIONS FOR LIVE-IN DOMESTIC EM-
                                                                         8     PLOYEES.—

                                                                         9                       ‘‘(1) IN GENERAL.—If an employer requires an
                                                                       10               employee to be a live-in domestic employee, the em-
                                                                       11               ployer shall—
                                                                       12                                  ‘‘(A) provide the employee with the ability,
                                                                       13                        and reasonable opportunity, to access telephone
                                                                       14                        and internet services in accordance with para-
                                                                       15                        graph (2); and
                                                                       16                                  ‘‘(B) without interference by the employer,
                                                                       17                        permit the employee to send and receive com-
                                                                       18                        munications by text message, social media, elec-
                                                                       19                        tronic or regular mail, and telephone calls.
                                                                       20                        ‘‘(2) TELEPHONE AND INTERNET SERVICES.—
                                                                       21                                  ‘‘(A) EMPLOYER WITH SERVICES.—If an
                                                                       22                        employer requires an employee to be a live-in
                                                                       23                        domestic employee and has telephone or inter-




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                                                                       24                        net services for the household of the employer,
                                                                       25                        the employer shall provide the live-in domestic


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                                                                         1                       employee with reasonable access to such serv-
                                                                         2                       ices without charge to the employee.
                                                                         3                                 ‘‘(B) EMPLOYER WITHOUT SERVICES.—If
                                                                         4                       an employer requires an employee to be a live-
                                                                         5                       in domestic employee and does not have tele-
                                                                         6                       phone or internet services for the household of
                                                                         7                       the employer, the employer—
                                                                         8                                        ‘‘(i) shall provide the live-in domestic
                                                                         9                                 employee with a reasonable opportunity to
                                                                       10                                  access such services at another location;
                                                                       11                                  and
                                                                       12                                         ‘‘(ii) shall not be required to pay for
                                                                       13                                  such services.’’.
                                                                       14               (b) CONFORMING AMENDMENT.—Section 10 of the
                                                                       15 Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re-
                                                                       16 pealed.
                                                                       17      SEC. 103. ENFORCEMENT.

                                                                       18               (a) PROHIBITED ACT.—Section 15(a) of the Fair
                                                                       19 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is
                                                                       20 amended—
                                                                       21                        (1) in paragraph (5), by striking the period and
                                                                       22               inserting ‘‘; and’’; and
                                                                       23                        (2) by adding at the end the following:




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                                                                         1                       ‘‘(6) to violate any provision of section 8, in-
                                                                         2              cluding any regulation or order issued by the Sec-
                                                                         3              retary under that section.’’.
                                                                         4              (b) PENALTIES.—Section 16 of such Act (29 U.S.C.
                                                                         5 216) is amended—
                                                                         6                       (1) in subsection (b), by inserting ‘‘Any em-
                                                                         7              ployer who violates section 8(b) shall be liable to the
                                                                         8              employee affected in an amount of severance pay
                                                                         9              that is calculated, with respect to the employee, in
                                                                       10               accordance with section 8(b)(1)(B)(ii), and in an ad-
                                                                       11               ditional equal amount as liquidated damages. Any
                                                                       12               employer who violates section 8(c) shall be liable to
                                                                       13               the employee affected in an amount that is not to
                                                                       14               exceed $2,000 for each violation.’’ after the third
                                                                       15               sentence; and
                                                                       16                        (2) in subsection (c), by adding at the end the
                                                                       17               following: ‘‘The authority and requirements de-
                                                                       18               scribed in this subsection shall also apply with re-
                                                                       19               spect to a violation of section 8, as appropriate, and
                                                                       20               the employer shall be liable for the amounts de-
                                                                       21               scribed in subsection (b) for violations of such sec-
                                                                       22               tion.’’.
                                                                       23               (c) INJUNCTION PROCEEDINGS.—Section 17 of the




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                                                                       24 Fair Labor Standards Act of 1938 (29 U.S.C. 217) is
                                                                       25 amended by striking ‘‘(except sums’’ and inserting ‘‘and


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                                                                         1 in the case of violations of section 15(a)(6) the restraint
                                                                         2 of any withholding of severance pay and other damages
                                                                         3 found by the court to be due to employees under this Act
                                                                         4 (except, in either case, sums’’.
                                                                         5              (d) STATUTE OF LIMITATIONS.—Section 6 of the
                                                                         6 Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended,
                                                                         7 in the matter preceding subsection (a), by inserting ‘‘(and
                                                                         8 any cause of action to enforce section 8 of such Act)’’ after
                                                                         9 ‘‘under the Fair Labor Standards Act of 1938, as amend-
                                                                       10 ed’’.
                                                                       11                Subtitle B—Domestic Worker
                                                                       12                           Rights
                                                                       13      SEC. 110. WRITTEN AGREEMENTS.

                                                                       14               (a) COVERED DOMESTIC WORKER.—In this section,
                                                                       15 the term ‘‘covered domestic worker’’ means any domestic
                                                                       16 worker to whom the domestic work hiring entity expects
                                                                       17 to provide compensation for the performance of domestic
                                                                       18 services by the domestic worker for not less than 8 hours
                                                                       19 per week.
                                                                       20               (b) REQUIREMENT.—Each domestic work hiring enti-
                                                                       21 ty shall provide a written agreement in accordance with
                                                                       22 this section to each covered domestic worker hired by the
                                                                       23 entity.




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                                                                       24               (c) WRITTEN AGREEMENT REQUIREMENTS.—




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                                                                         1                       (1) IN          GENERAL.—A                    written agreement re-
                                                                         2              quired under this section shall—
                                                                         3                                 (A) be signed and dated by the covered do-
                                                                         4                       mestic worker and the domestic work hiring en-
                                                                         5                       tity;
                                                                         6                                 (B) be written in a language easily and
                                                                         7                       fully understood by the covered domestic worker
                                                                         8                       and the domestic work hiring entity, which may
                                                                         9                       be in multiple languages if the worker and the
                                                                       10                        entity do not easily and fully understand the
                                                                       11                        same language; and
                                                                       12                                  (C) include the contents described in sub-
                                                                       13                        section (d).
                                                                       14                        (2) COPY.—A copy of the written agreement re-
                                                                       15               quired under this section shall be provided to the
                                                                       16               covered domestic worker not later than 5 calendar
                                                                       17               days after the date on which the covered domestic
                                                                       18               worker is hired by the domestic work hiring entity.
                                                                       19               (d) CONTENTS OF THE WRITTEN AGREEMENT.—
                                                                       20                        (1) IN GENERAL.—The contents described in
                                                                       21               this subsection shall include each of the following:
                                                                       22                                  (A) The full name, address, and contact
                                                                       23                        information of the domestic work hiring entity,




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                                                                       24                        including, as appropriate, any ‘‘doing business
                                                                       25                        as’’ name of the entity and the name of each


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                                                                         1                       individual of the domestic work hiring entity
                                                                         2                       who will be doing business with the covered do-
                                                                         3                       mestic worker.
                                                                         4                                 (B) The address for the location where the
                                                                         5                       covered domestic worker will be providing do-
                                                                         6                       mestic services for the domestic work hiring en-
                                                                         7                       tity.
                                                                         8                                 (C) All responsibilities to be performed by
                                                                         9                       the covered domestic worker for the domestic
                                                                       10                        work hiring entity, and the regularity in which
                                                                       11                        such responsibilities are to be performed.
                                                                       12                                  (D) The regular rate of pay of the covered
                                                                       13                        domestic worker for any work week, including
                                                                       14                        any overtime compensation due.
                                                                       15                                  (E) The day of the week when the covered
                                                                       16                        domestic worker will be paid.
                                                                       17                                  (F) The required working hours for any
                                                                       18                        work week, including—
                                                                       19                                         (i) the time of day and day of week
                                                                       20                                  the work of the covered domestic worker
                                                                       21                                  begins;
                                                                       22                                         (ii) meal and rest breaks described in
                                                                       23                                  section 115;




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                                                                       24                                         (iii) time off;




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                                                                         1                                        (iv) the work schedule of the worker
                                                                         2                                 at the time of hire, including—
                                                                         3                                                 (I) the time of day and the days
                                                                         4                                        of the week the covered domestic
                                                                         5                                        worker will be expected to work for
                                                                         6                                        the domestic work hiring entity each
                                                                         7                                        week; or
                                                                         8                                                 (II) if the time of day or the days
                                                                         9                                        of the week that the domestic worker
                                                                       10                                         will be expected to work for the do-
                                                                       11                                         mestic work hiring entity will vary
                                                                       12                                         from week to week, information re-
                                                                       13                                         garding a good faith estimate of the
                                                                       14                                         days and hours for which the covered
                                                                       15                                         domestic worker will be expected to
                                                                       16                                         work for the domestic work hiring en-
                                                                       17                                         tity each week, including, at min-
                                                                       18                                         imum—
                                                                       19                                                            (aa) the average number of
                                                                       20                                                  hours the covered domestic work-
                                                                       21                                                  er will be expected to work for
                                                                       22                                                  the domestic work hiring entity
                                                                       23                                                  each week during a typical 90-




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                                                                       24                                                  day period;




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                                                                         1                                                           (bb) whether the covered do-
                                                                         2                                                 mestic worker can expect to work
                                                                         3                                                 any on-call shifts, as defined in
                                                                         4                                                 paragraph (3), for the domestic
                                                                         5                                                 work hiring entity;
                                                                         6                                                           (cc) a subset of days the
                                                                         7                                                 covered            domestic             worker    can
                                                                         8                                                 typically expect to work (or to be
                                                                         9                                                 scheduled as off from work) for
                                                                       10                                                  the domestic work hiring entity;
                                                                       11                                                  and
                                                                       12                                                            (dd) the amount of notice
                                                                       13                                                  that the domestic work hiring en-
                                                                       14                                                  tity will provide to the domestic
                                                                       15                                                  worker in advance of scheduled
                                                                       16                                                  work hours (as defined in section
                                                                       17                                                  112(a)), which shall not be less
                                                                       18                                                  than 72 hours before such sched-
                                                                       19                                                  uled work hours are to begin (ex-
                                                                       20                                                  cept during a period described in
                                                                       21                                                  subparagraph                   (A)        of   section
                                                                       22                                                  112(e)(1), in a case described in
                                                                       23                                                  subparagraph                   (B)        of   section




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                                                                       24                                                  112(e)(1), or in the case of a
                                                                       25                                                  shared living arrangement), and


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                                                                         1                                                 the manner in which such notice
                                                                         2                                                 shall be provided;
                                                                         3                                        (v) the reporting time pay policy de-
                                                                         4                                 scribed in section 112(c); and
                                                                         5                                        (vi) the right to request and receive a
                                                                         6                                 change to scheduled work hours due to
                                                                         7                                 personal events as described in section
                                                                         8                                 113.
                                                                         9                                 (G) If applicable, any policies of the do-
                                                                       10                        mestic work hiring entity with respect to the
                                                                       11                        covered domestic worker for paying for or pro-
                                                                       12                        viding reimbursement for—
                                                                       13                                         (i) health insurance;
                                                                       14                                         (ii) transportation, meals, or lodging;
                                                                       15                                  and
                                                                       16                                         (iii) any fees or costs associated with
                                                                       17                                  the domestic services provided by the cov-
                                                                       18                                  ered domestic worker for the entity.
                                                                       19                                  (H) If applicable, any policies of the do-
                                                                       20                        mestic work hiring entity with respect to the
                                                                       21                        covered domestic worker for—
                                                                       22                                         (i) annual or other pay increases;
                                                                       23                                         (ii) severance pay; and




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                                                                       24                                         (iii) providing materials or equipment
                                                                       25                                  related to the performance of domestic


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                                                                         1                                 service by the covered domestic worker, in-
                                                                         2                                 cluding (if applicable) any cleaning sup-
                                                                         3                                 plies provided by the entity.
                                                                         4                                 (I) Information about policies, procedures,
                                                                         5                       and equipment related to safety and emer-
                                                                         6                       gencies.
                                                                         7                                 (J) The policy of the domestic work hiring
                                                                         8                       entity pertaining to notice of termination of the
                                                                         9                       covered domestic worker by the domestic work
                                                                       10                        hiring entity.
                                                                       11                                  (K) In the case of a covered domestic
                                                                       12                        worker who resides in the household of the per-
                                                                       13                        son for whom the domestic worker provides do-
                                                                       14                        mestic services—
                                                                       15                                         (i) the circumstances under which the
                                                                       16                                  domestic work hiring entity may enter the
                                                                       17                                  designated living space of the domestic
                                                                       18                                  worker;
                                                                       19                                         (ii) the circumstances under which the
                                                                       20                                  covered domestic worker, in a shared living
                                                                       21                                  arrangement, may enter the designated liv-
                                                                       22                                  ing space of the domestic work hiring enti-
                                                                       23                                  ty; and




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                                                                         1                                        (iii) a description of certain cir-
                                                                         2                                 cumstances the domestic work hiring entity
                                                                         3                                 determines as cause for—
                                                                         4                                                 (I) immediate termination of the
                                                                         5                                        covered domestic worker; and
                                                                         6                                                 (II) subject (as applicable) to
                                                                         7                                        section 8(b) of the Fair Labor Stand-
                                                                         8                                        ards Act of 1938, removal of the cov-
                                                                         9                                        ered domestic worker from the house-
                                                                       10                                         hold of the person for whom the work-
                                                                       11                                         er provides domestic services not later
                                                                       12                                         than 48 hours after notice of the ter-
                                                                       13                                         mination.
                                                                       14                                  (L) Any additional benefits afforded to the
                                                                       15                        covered domestic worker by the domestic work
                                                                       16                        hiring entity.
                                                                       17                                  (M) The process for the covered domestic
                                                                       18                        worker to raise or address grievances with re-
                                                                       19                        spect to, or breaches of, the written agreement.
                                                                       20                                  (N) The process used by the domestic work
                                                                       21                        hiring entity to change any policy described in
                                                                       22                        subparagraphs (A) through (M), including ad-
                                                                       23                        dressing additional compensation if responsibil-




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                                                                       24                        ities are added to those described in subpara-




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                                                                                                                              34
                                                                         1                       graph (C), after the date on which the written
                                                                         2                       agreement is provided to the domestic worker.
                                                                         3                       (2) PROHIBITIONS.—A written agreement re-
                                                                         4              quired under this section may not—
                                                                         5                                 (A) contain—
                                                                         6                                        (i) a mandatory pre-dispute arbitra-
                                                                         7                                 tion agreement for claims made by a cov-
                                                                         8                                 ered domestic worker against a domestic
                                                                         9                                 work hiring entity regarding the legal
                                                                       10                                  rights of the worker; or
                                                                       11                                         (ii) a non-disclosure agreement, non-
                                                                       12                                  compete agreement, or non-disparagement
                                                                       13                                  agreement, limiting the ability of the cov-
                                                                       14                                  ered domestic worker to seek compensation
                                                                       15                                  for performing domestic services after the
                                                                       16                                  worker ceases to receive compensation
                                                                       17                                  from the domestic work hiring entity for
                                                                       18                                  the performance of domestic services; and
                                                                       19                                  (B) be construed to waive the rights or
                                                                       20                        protections of a domestic worker under Federal,
                                                                       21                        State, or local law.
                                                                       22                        (3) DEFINITION OF ON-CALL SHIFT.—For pur-
                                                                       23               poses of paragraph (1)(F)(iv)(II)(bb), the term ‘‘on-




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                                                                       24               call shift’’ means any time a domestic work hiring
                                                                       25               entity expects a covered domestic worker to—


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                                                                         1                                 (A) be available to work; and
                                                                         2                                 (B) wait to contact, or be contacted by, the
                                                                         3                       domestic work hiring entity, or a designee of
                                                                         4                       the entity, to determine whether the worker
                                                                         5                       shall report to work during such time.
                                                                         6              (e) TIMING.—
                                                                         7                       (1) INITIAL               AGREEMENT.—A                       domestic work
                                                                         8              hiring entity shall provide a written agreement re-
                                                                         9              quired under this section—
                                                                       10                                  (A) to each covered domestic worker hired
                                                                       11                        after the date of enactment of this Act, prior to
                                                                       12                        the first day the worker performs domestic
                                                                       13                        services for the entity; and
                                                                       14                                  (B) to each covered domestic worker hired
                                                                       15                        on or prior to the date of enactment of this Act,
                                                                       16                        90 days after such date of enactment.
                                                                       17                        (2) SUBSEQUENT                         AGREEMENTS.—Not                   later
                                                                       18               than 30 calendar days after the date on which a do-
                                                                       19               mestic work hiring entity makes a change to a writ-
                                                                       20               ten agreement provided to a covered domestic work-
                                                                       21               er under this section, the domestic work hiring enti-
                                                                       22               ty shall provide the domestic worker with an up-
                                                                       23               dated agreement in accordance with this section.




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                                                                       24               (f) RECORDS.—A domestic work hiring entity that is
                                                                       25 required to provide a written agreement under this section


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                                                                         1 to a covered domestic worker shall retain such agreement
                                                                         2 for a period of not less than 3 years from the date on
                                                                         3 which the covered domestic worker is no longer working
                                                                         4 for the entity.
                                                                         5              (g) MODEL WRITTEN AGREEMENTS.—
                                                                         6                       (1) IN GENERAL.—Not later than 6 months
                                                                         7              after the date of enactment of this Act, the Sec-
                                                                         8              retary shall establish and make available templates
                                                                         9              for model written agreements under this section.
                                                                       10                        (2) REQUIREMENTS.—A model written agree-
                                                                       11               ment required under paragraph (1) shall—
                                                                       12                                  (A) be available in multiple languages com-
                                                                       13                        monly understood by domestic workers, includ-
                                                                       14                        ing all languages in which the Secretary, acting
                                                                       15                        through the Administrator of the Wage and
                                                                       16                        Hour Division, translates the basic information
                                                                       17                        fact sheet published by the Administrator; and
                                                                       18                                  (B) not include any agreement described in
                                                                       19                        subsection (d)(2)(A).
                                                                       20      SEC. 111. EARNED SICK DAYS.

                                                                       21               (a) DEFINITIONS.—In this section:
                                                                       22                        (1) DOMESTIC VIOLENCE.—The term ‘‘domestic
                                                                       23               violence’’ has the meaning given the term in section




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                                                                       24               40002(a) of the Violence Against Women Act of
                                                                       25               1994 (34 U.S.C. 12291(a)), except that the ref-


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                                                                         1              erence in such section to the term ‘‘jurisdiction re-
                                                                         2              ceiving grant monies’’ shall be deemed to mean the
                                                                         3              jurisdiction in which the victim lives or the jurisdic-
                                                                         4              tion in which the domestic work hiring entity in-
                                                                         5              volved is located. Such term also includes dating vio-
                                                                         6              lence, as that term is defined in such section.
                                                                         7                       (2) DOMESTIC WORKER.—The term ‘‘domestic
                                                                         8              worker’’ means a domestic worker, as defined in sec-
                                                                         9              tion 3(b), other than an individual providing assist-
                                                                       10               ance through a shared living arrangement.
                                                                       11                        (3) DOMESTIC                     WORK         HIRING             ENTITY.—The

                                                                       12               term ‘‘domestic work hiring entity’’—
                                                                       13                                  (A) means such a domestic work hiring en-
                                                                       14                        tity, as defined in section 3(b), except that for
                                                                       15                        purposes of this subparagraph, a reference in
                                                                       16                        that section to a domestic worker shall be con-
                                                                       17                        sidered a domestic worker as defined in para-
                                                                       18                        graph (2); and
                                                                       19                                  (B) includes any predecessor of a hiring
                                                                       20                        entity described in subparagraph (A).
                                                                       21                        (4) EMPLOYMENT.—The term ‘‘employment’’
                                                                       22               includes service as a domestic worker.
                                                                       23                        (5) EMPLOYMENT BENEFITS.—The term ‘‘em-




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                                                                       24               ployment benefits’’ means all benefits provided or
                                                                       25               made available to domestic workers by a domestic


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                                                                         1              work hiring entity, including group life insurance,
                                                                         2              health insurance, disability insurance, sick leave, an-
                                                                         3              nual leave, educational benefits, and pensions, re-
                                                                         4              gardless of whether such benefits are provided by a
                                                                         5              practice or written policy of a domestic work hiring
                                                                         6              entity or through an ‘‘employee benefit plan’’, as de-
                                                                         7              fined in section 3(3) of the Employee Retirement In-
                                                                         8              come Security Act of 1974 (29 U.S.C. 1002(3)).
                                                                         9                       (6)       HEALTH                 CARE        PROVIDER.—The               term
                                                                       10               ‘‘health care provider’’ means a provider who—
                                                                       11                                  (A) is described in section 825.125 of title
                                                                       12                        29, Code of Federal Regulations; and
                                                                       13                                  (B) is not employed by a domestic work
                                                                       14                        hiring entity for whom the provider issues cer-
                                                                       15                        tification under this section.
                                                                       16                        (7) PAID SICK TIME.—The term ‘‘paid sick
                                                                       17               time’’ means an increment of compensated leave that
                                                                       18               can be earned by a domestic worker for use during
                                                                       19               an absence from employment for any of the reasons
                                                                       20               described in subparagraphs (A) through (D) of sub-
                                                                       21               section (b)(2).
                                                                       22                        (8) SEXUAL ASSAULT.—The term ‘‘sexual as-
                                                                       23               sault’’ has the meaning given the term in section




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                                                                       24               40002(a) of the Violence Against Women Act of
                                                                       25               1994 (34 U.S.C. 12291(a)).


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                                                                         1                       (9) STALKING.—The term ‘‘stalking’’ has the
                                                                         2              meaning given the term in section 40002(a) of the
                                                                         3              Violence Against Women Act of 1994 (34 U.S.C.
                                                                         4              12291(a)).
                                                                         5                       (10) VICTIM                 SERVICES              ORGANIZATION.—The

                                                                         6              term ‘‘victim services organization’’ means a non-
                                                                         7              profit, nongovernmental organization that provides
                                                                         8              assistance to victims of domestic violence, sexual as-
                                                                         9              sault, or stalking or advocates for such victims, in-
                                                                       10               cluding a rape crisis center, an organization carrying
                                                                       11               out a domestic violence, sexual assault, or stalking
                                                                       12               prevention or treatment program, an organization
                                                                       13               operating a shelter or providing counseling services,
                                                                       14               or a legal services organization or other organization
                                                                       15               providing assistance through the legal process.
                                                                       16               (b) EARNED PAID SICK TIME.—
                                                                       17                        (1) EARNING OF TIME.—
                                                                       18                                  (A) IN GENERAL.—A domestic work hiring
                                                                       19                        entity shall provide each domestic worker em-
                                                                       20                        ployed by the hiring entity not less than 1 hour
                                                                       21                        of earned paid sick time for every 30 hours
                                                                       22                        worked, to be used as described in paragraph
                                                                       23                        (2). A domestic work hiring entity shall not be




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                                                                       24                        required to permit a domestic worker to earn,
                                                                       25                        under this subsection, more than 56 hours of


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                                                                         1                       paid sick time in a year, unless the hiring entity
                                                                         2                       chooses to set a higher limit.
                                                                         3                                 (B) DATES FOR BEGINNING TO EARN PAID
                                                                         4                       SICK TIME AND USE.—Domestic workers shall

                                                                         5                       begin to earn and be entitled to use earned paid
                                                                         6                       sick time under this subsection at the com-
                                                                         7                       mencement of their employment. A domestic
                                                                         8                       work hiring entity may, at the discretion of the
                                                                         9                       hiring entity, loan paid sick time to a domestic
                                                                       10                        worker for use by such domestic worker in ad-
                                                                       11                        vance of the domestic worker earning such sick
                                                                       12                        time as provided in this paragraph and may
                                                                       13                        permit use before the 60th day of employment.
                                                                       14                                  (C) CARRYOVER.—
                                                                       15                                         (i) IN GENERAL.—Except as provided
                                                                       16                                  in clause (ii), paid sick time earned under
                                                                       17                                  this subsection shall carry over from one
                                                                       18                                  year to the next.
                                                                       19                                         (ii)       CONSTRUCTION.—This                             section
                                                                       20                                  shall not be construed to require a domes-
                                                                       21                                  tic work hiring entity to permit a domestic
                                                                       22                                  worker to earn more than 56 hours of
                                                                       23                                  earned paid sick time at a given time.




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                                                                       24                                  (D) HIRING                 ENTITIES             WITH           EXISTING

                                                                       25                        POLICIES.—Any                    domestic work hiring entity


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                                                                         1                       with a paid leave policy who makes available an
                                                                         2                       amount of paid leave that is sufficient to meet
                                                                         3                       the requirements of this subsection and that
                                                                         4                       may be used for the same purposes and under
                                                                         5                       the same conditions as the purposes and condi-
                                                                         6                       tions outlined in paragraph (2) shall not be re-
                                                                         7                       quired to permit a domestic worker to earn ad-
                                                                         8                       ditional paid sick time under this subsection.
                                                                         9                                 (E) CONSTRUCTION.—Nothing in this sub-
                                                                       10                        section shall be construed as requiring financial
                                                                       11                        or other reimbursement to a domestic worker
                                                                       12                        from a domestic work hiring entity upon the do-
                                                                       13                        mestic worker’s termination, resignation, retire-
                                                                       14                        ment, or other separation from employment for
                                                                       15                        earned paid sick time that has not been used.
                                                                       16                                  (F)         REINSTATEMENT.—If                           a      domestic
                                                                       17                        worker is separated from employment with a
                                                                       18                        domestic work hiring entity and is rehired,
                                                                       19                        within 12 months after that separation, by the
                                                                       20                        same hiring entity, the hiring entity shall rein-
                                                                       21                        state the domestic worker’s previously earned
                                                                       22                        paid sick time. The domestic worker shall be
                                                                       23                        entitled to use the earned paid sick time and




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                                                                       24                        earn additional paid sick time at the re-




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                                                                         1                       commencement of employment with the domes-
                                                                         2                       tic work hiring entity.
                                                                         3                                 (G) PROHIBITION.—A domestic work hir-
                                                                         4                       ing entity may not require, as a condition of
                                                                         5                       providing paid sick time under this subsection,
                                                                         6                       that the domestic worker involved search for or
                                                                         7                       find a replacement to cover the hours during
                                                                         8                       which the domestic worker is using paid sick
                                                                         9                       time.
                                                                       10                        (2) USES.—Paid sick time earned under this
                                                                       11               subsection may be used by a domestic worker for
                                                                       12               any of the following:
                                                                       13                                  (A) An absence resulting from a physical
                                                                       14                        or mental illness, injury, or medical condition of
                                                                       15                        the domestic worker.
                                                                       16                                  (B) An absence resulting from obtaining
                                                                       17                        professional medical diagnosis or care, or pre-
                                                                       18                        ventive medical care, for the domestic worker.
                                                                       19                                  (C) An absence for the purpose of caring
                                                                       20                        for a child, a parent, a spouse, a domestic part-
                                                                       21                        ner, or any other individual related by blood or
                                                                       22                        affinity whose close association with the domes-
                                                                       23                        tic worker is the equivalent of a family relation-




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                                                                       24                        ship, who—




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                                                                         1                                         (i) has any of the conditions or needs
                                                                         2                                 for diagnosis or care described in subpara-
                                                                         3                                 graph (A) or (B);
                                                                         4                                         (ii) in the case of care for someone
                                                                         5                                 who is a child, is the subject of a school
                                                                         6                                 meeting, or a meeting at a place where the
                                                                         7                                 child is receiving care necessitated by the
                                                                         8                                 child’s health condition or disability, that
                                                                         9                                 the domestic worker is required to attend;
                                                                       10                                  or
                                                                       11                                          (iii) is otherwise in need of care.
                                                                       12                                  (D) An absence resulting from domestic vi-
                                                                       13                        olence, sexual assault, or stalking, if the time is
                                                                       14                        to—
                                                                       15                                          (i) seek medical attention for the do-
                                                                       16                                  mestic worker or a related person de-
                                                                       17                                  scribed in subparagraph (C), to recover
                                                                       18                                  from physical or psychological injury or
                                                                       19                                  disability caused by domestic violence, sex-
                                                                       20                                  ual assault, or stalking;
                                                                       21                                          (ii) obtain or assist a related person
                                                                       22                                  described in subparagraph (C) in obtaining
                                                                       23                                  services from a victim services organiza-




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                                                                       24                                  tion;




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                                                                         1                                        (iii) obtain or assist a related person
                                                                         2                                 described in subparagraph (C) in obtaining
                                                                         3                                 psychological or other counseling;
                                                                         4                                        (iv) seek or assist a related person in
                                                                         5                                 seeking relocation; or
                                                                         6                                        (v) take or assist a related person in
                                                                         7                                 taking legal action, including preparing for
                                                                         8                                 or participating in any civil or criminal
                                                                         9                                 legal proceeding related to or resulting
                                                                       10                                  from domestic violence, sexual assault, or
                                                                       11                                  stalking.
                                                                       12                        (3) SCHEDULING.—A domestic worker shall
                                                                       13               make a reasonable effort to schedule a foreseeable
                                                                       14               period of paid sick time under this subsection in a
                                                                       15               manner that does not unduly disrupt the operations
                                                                       16               of the domestic work hiring entity.
                                                                       17                        (4) PROCEDURES.—
                                                                       18                                  (A) IN GENERAL.—Paid sick time shall be
                                                                       19                        provided upon the oral or written request of a
                                                                       20                        domestic worker. Such request shall—
                                                                       21                                         (i) include the expected duration of
                                                                       22                                  the period of such time;
                                                                       23                                         (ii) in a case in which the need for




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                                                                       24                                  such period of time is foreseeable at least
                                                                       25                                  7 days in advance of such period, be pro-


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                                                                         1                                 vided at least 7 days in advance of such
                                                                         2                                 period; and
                                                                         3                                        (iii) otherwise, be provided as soon as
                                                                         4                                 practicable after the domestic worker is
                                                                         5                                 aware of the need for such period.
                                                                         6                                 (B) CERTIFICATION IN GENERAL.—
                                                                         7                                        (i) PROVISION.—
                                                                         8                                                 (I) IN             GENERAL.—Subject                   to
                                                                         9                                        clause (iv), a domestic work hiring en-
                                                                       10                                         tity may require that a request for
                                                                       11                                         paid sick time under this subsection
                                                                       12                                         for a purpose described in subpara-
                                                                       13                                         graph (A), (B), or (C) of paragraph
                                                                       14                                         (2) be supported by a certification
                                                                       15                                         issued by the health care provider of
                                                                       16                                         the eligible domestic worker or of an
                                                                       17                                         individual             described                in      paragraph
                                                                       18                                         (2)(C), as appropriate, if the period of
                                                                       19                                         such time covers more than 3 con-
                                                                       20                                         secutive workdays.
                                                                       21                                                  (II) TIMELINESS.—The domestic
                                                                       22                                         worker shall provide a copy of such
                                                                       23                                         certification to the domestic work hir-




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                                                                       24                                         ing entity in a timely manner, not
                                                                       25                                         later than 30 days after the first day


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                                                                         1                                        of the period of time. The domestic
                                                                         2                                        work hiring entity shall not delay the
                                                                         3                                        commencement of the period of time
                                                                         4                                        on the basis that the hiring entity has
                                                                         5                                        not yet received the certification.
                                                                         6                                        (ii) SUFFICIENT                     CERTIFICATION.—A

                                                                         7                                 certification provided under clause (i) shall
                                                                         8                                 be sufficient if it states—
                                                                         9                                                 (I) the date on which the period
                                                                       10                                         of time will be needed;
                                                                       11                                                  (II) the probable duration of the
                                                                       12                                         period of time;
                                                                       13                                                  (III)        the        appropriate            medical
                                                                       14                                         facts within the knowledge of the
                                                                       15                                         health care provider regarding the
                                                                       16                                         condition involved, subject to clause
                                                                       17                                         (iii);
                                                                       18                                                  (IV) for purposes of paid sick
                                                                       19                                         time under paragraph (2)(A), a state-
                                                                       20                                         ment that absence from work is medi-
                                                                       21                                         cally necessary;
                                                                       22                                                  (V) for purposes of such time
                                                                       23                                         under paragraph (2)(B), the dates on




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                                                                       24                                         which testing for a medical diagnosis




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                                                                         1                                        or care is expected to be given and the
                                                                         2                                        duration of such testing or care; and
                                                                         3                                                 (VI) for purposes of such time
                                                                         4                                        under paragraph (2)(C), in the case of
                                                                         5                                        time to care for someone who is not a
                                                                         6                                        child, a statement that care is needed
                                                                         7                                        for an individual described in such
                                                                         8                                        paragraph, and an estimate of the
                                                                         9                                        amount of time that such care is
                                                                       10                                         needed for such individual.
                                                                       11                                         (iii) LIMITATION.—In issuing a cer-
                                                                       12                                  tification under clause (i), a health care
                                                                       13                                  provider shall make reasonable efforts to
                                                                       14                                  limit the medical facts described in clause
                                                                       15                                  (ii)(III) that are disclosed in the certifi-
                                                                       16                                  cation to the minimum necessary to estab-
                                                                       17                                  lish a need for the domestic worker to uti-
                                                                       18                                  lize paid sick time.
                                                                       19                                         (iv) REGULATIONS.—The Secretary
                                                                       20                                  shall prescribe regulations that shall speci-
                                                                       21                                  fy the manner in which a domestic worker
                                                                       22                                  who does not have health insurance shall
                                                                       23                                  provide a certification for purposes of this




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                                                                       24                                  subparagraph.




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                                                                         1                                        (v)       CONFIDENTIALITY                         AND    NON-

                                                                         2                                 DISCLOSURE.—

                                                                         3                                                 (I) PROTECTED HEALTH INFOR-
                                                                         4                                        MATION.—Nothing                         in       this   section
                                                                         5                                        shall be construed to require a health
                                                                         6                                        care provider to disclose information
                                                                         7                                        in violation of section 1177 of the So-
                                                                         8                                        cial Security Act (42 U.S.C. 1320d–6)
                                                                         9                                        or the regulations promulgated pursu-
                                                                       10                                         ant to section 264(c) of the Health
                                                                       11                                         Insurance Portability and Account-
                                                                       12                                         ability          Act        of      1996          (42   U.S.C.
                                                                       13                                         1320d–2 note).
                                                                       14                                                  (II)          HEALTH                   INFORMATION

                                                                       15                                         RECORDS.—If a domestic work hiring

                                                                       16                                         entity possesses health information
                                                                       17                                         about a domestic worker or a related
                                                                       18                                         person described in paragraph (2)(C),
                                                                       19                                         such information shall—
                                                                       20                                                            (aa) be maintained on a sep-
                                                                       21                                                  arate form and in a separate file
                                                                       22                                                  from other personnel informa-
                                                                       23                                                  tion;




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                                                                       24                                                            (bb) be treated as a con-
                                                                       25                                                  fidential medical record; and


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                                                                         1                                                           (cc) not be disclosed except
                                                                         2                                                 to the affected domestic worker
                                                                         3                                                 or with the permission of the af-
                                                                         4                                                 fected domestic worker.
                                                                         5                                 (C) CERTIFICATION IN THE CASE OF DO-
                                                                         6                       MESTIC            VIOLENCE,                  SEXUAL              ASSAULT,   OR

                                                                         7                       STALKING.—

                                                                         8                                        (i) IN GENERAL.—A domestic work
                                                                         9                                 hiring entity may require that a request
                                                                       10                                  for paid sick time under this subsection for
                                                                       11                                  a purpose described in paragraph (2)(D)
                                                                       12                                  be supported by any one of the following
                                                                       13                                  forms of documentation, but the domestic
                                                                       14                                  work hiring entity may not specify the par-
                                                                       15                                  ticular form of documentation to be pro-
                                                                       16                                  vided:
                                                                       17                                                  (I) A police report indicating that
                                                                       18                                         the domestic worker, or a related per-
                                                                       19                                         son described in paragraph (2)(D),
                                                                       20                                         was, for not less than 3 consecutive
                                                                       21                                         days, a victim of domestic violence,
                                                                       22                                         sexual assault, or stalking.
                                                                       23                                                  (II) A court order protecting or




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                                                                       24                                         separating the domestic worker or a
                                                                       25                                         related person described in paragraph


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                                                                         1                                        (2)(D) from the perpetrator of an act
                                                                         2                                        of domestic violence, sexual assault, or
                                                                         3                                        stalking, or other evidence from the
                                                                         4                                        court or prosecuting attorney that the
                                                                         5                                        domestic worker or a related person
                                                                         6                                        described in paragraph (2)(D) has ap-
                                                                         7                                        peared in court or is scheduled to ap-
                                                                         8                                        pear in court in a proceeding related
                                                                         9                                        to domestic violence, sexual assault, or
                                                                       10                                         stalking.
                                                                       11                                                  (III) Other documentation signed
                                                                       12                                         by an individual (who may be a volun-
                                                                       13                                         teer) working for a victim services or-
                                                                       14                                         ganization, an attorney, a police offi-
                                                                       15                                         cer, a medical professional, a social
                                                                       16                                         worker, an antiviolence counselor, or a
                                                                       17                                         member of the clergy, affirming that
                                                                       18                                         the domestic worker or a related per-
                                                                       19                                         son described in paragraph (2)(D) is
                                                                       20                                         a victim of domestic violence, sexual
                                                                       21                                         assault, or stalking.
                                                                       22                                         (ii)      REQUIREMENTS.—The                             require-
                                                                       23                                  ments of subparagraph (B) shall apply to




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                                                                       24                                  certifications under this paragraph, except
                                                                       25                                  that—


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                                                                         1                                                 (I) subclauses (III) through (VI)
                                                                         2                                        of clause (ii) and clause (iii) of such
                                                                         3                                        subparagraph shall not apply;
                                                                         4                                                 (II) the certification shall state
                                                                         5                                        the reason that the leave is required
                                                                         6                                        with the facts to be disclosed limited
                                                                         7                                        to the minimum necessary to establish
                                                                         8                                        a need for the domestic worker to be
                                                                         9                                        absent from work, and the domestic
                                                                       10                                         worker shall not be required to ex-
                                                                       11                                         plain the details of the domestic vio-
                                                                       12                                         lence, sexual assault, or stalking in-
                                                                       13                                         volved; and
                                                                       14                                                  (III) with respect to confiden-
                                                                       15                                         tiality under clause (v) of such sub-
                                                                       16                                         paragraph, any information provided
                                                                       17                                         to the domestic work hiring entity
                                                                       18                                         under this subparagraph shall be con-
                                                                       19                                         fidential, except to the extent that any
                                                                       20                                         disclosure of such information is—
                                                                       21                                                            (aa) requested or consented
                                                                       22                                                  to in writing by the domestic
                                                                       23                                                  worker; or




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                                                                       24                                                            (bb) otherwise required by
                                                                       25                                                  applicable Federal or State law.


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                                                                         1              (c) CONSTRUCTION AND APPLICATION.—
                                                                         2                       (1) EFFECT ON OTHER LAWS.—
                                                                         3                                 (A) FEDERAL AND STATE ANTIDISCRIMI-
                                                                         4                       NATION LAWS.—Nothing in this section shall be

                                                                         5                       construed to modify or affect any Federal or
                                                                         6                       State law prohibiting discrimination on the
                                                                         7                       basis of race, religion, color, national origin, sex
                                                                         8                       (including sexual orientation and gender iden-
                                                                         9                       tity), age, disability, marital status, familial sta-
                                                                       10                        tus, or any other protected status.
                                                                       11                                  (B) STATE AND LOCAL LAWS.—Nothing in
                                                                       12                        this section shall be construed to supersede (in-
                                                                       13                        cluding preempting) any provision of any State
                                                                       14                        or local law that provides greater paid sick time
                                                                       15                        or leave rights (including greater amounts of
                                                                       16                        paid sick time or leave, or greater coverage of
                                                                       17                        those eligible for paid sick time or leave) than
                                                                       18                        the rights established under this section.
                                                                       19                        (2) EFFECT ON EXISTING EMPLOYMENT BENE-
                                                                       20               FITS.—

                                                                       21                                  (A) MORE PROTECTIVE.—Nothing in this
                                                                       22                        section shall be construed to diminish the obli-
                                                                       23                        gation of a domestic work hiring entity to com-




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                                                                       24                        ply with any contract, any collective bargaining
                                                                       25                        agreement, or any employment benefit program


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                                                                         1                       or plan that provides greater paid sick leave or
                                                                         2                       other leave rights to domestic workers than the
                                                                         3                       rights established under this section.
                                                                         4                                 (B) LESS PROTECTIVE.—The rights estab-
                                                                         5                       lished for domestic workers under this section
                                                                         6                       shall not be diminished by any contract, any
                                                                         7                       collective bargaining agreement, or any employ-
                                                                         8                       ment benefit program or plan.
                                                                         9              (d) EFFECTIVE DATE.—This section, other than sub-
                                                                       10 section (b)(4)(B)(4), takes effect 2 years after the date
                                                                       11 of enactment of this Act.
                                                                       12      SEC. 112. FAIR SCHEDULING PRACTICES.

                                                                       13               (a) DEFINITION OF SCHEDULED WORK HOURS.—In
                                                                       14 this section, the term ‘‘scheduled work hours’’ means the
                                                                       15 hours on a specified day during which a domestic worker
                                                                       16 is, through a written agreement or schedule, required by
                                                                       17 a domestic work hiring entity to perform domestic services
                                                                       18 for the entity and for which the worker will receive com-
                                                                       19 pensation for such services.
                                                                       20               (b) REQUIREMENT FOR NOTICE OF COVERED DO-
                                                                       21      MESTIC           WORKER.—In the case of a covered domestic
                                                                       22 worker (as defined in section 110(a)), the domestic work
                                                                       23 hiring entity shall provide the covered domestic worker no-




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                                                                       24 tice of the scheduled work hours of such worker through—




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                                                                         1                       (1) a written agreement described in subclause
                                                                         2              (I) of section 110(d)(1)(F)(iv) regarding a schedule
                                                                         3              of the time of day and the days of the week the cov-
                                                                         4              ered domestic worker is expected to work for the do-
                                                                         5              mestic work hiring entity each week; or
                                                                         6                       (2) a schedule agreed upon by the domestic
                                                                         7              work hiring entity and the covered domestic worker
                                                                         8              provided in the amount of time specified in accord-
                                                                         9              ance with a written agreement described in sub-
                                                                       10               clause (II) of such section, regarding a good faith
                                                                       11               estimate of the time of day and the days of the week
                                                                       12               that the covered domestic worker is expected to work
                                                                       13               for the domestic work hiring entity.
                                                                       14               (c) REQUIREMENTS FOR CHANGES TO SCHEDULED
                                                                       15 WORK HOURS AND REPORTING TIME PAY.—A domestic
                                                                       16 work hiring entity shall—
                                                                       17                        (1) communicate in writing (which may be in
                                                                       18               an electronic form) any change to the scheduled
                                                                       19               work hours of a domestic worker, including any on-
                                                                       20               call shifts, not less than 72 hours before the domes-
                                                                       21               tic worker is scheduled to begin work; and
                                                                       22                        (2) pay a domestic worker—
                                                                       23                                  (A) the regular rate of pay of the domestic




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                                                                       24                        worker for any scheduled work hours the do-
                                                                       25                        mestic worker does not work due to the domes-


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                                                                         1                       tic work hiring entity canceling or reducing the
                                                                         2                       scheduled work hours of the domestic worker
                                                                         3                       after the domestic worker arrives to work for
                                                                         4                       the scheduled work hours; or
                                                                         5                                 (B) at a rate of 1⁄2 of the regular rate of
                                                                         6                       pay of the domestic worker for any scheduled
                                                                         7                       work hours the domestic worker does not work
                                                                         8                       due to the domestic work hiring entity canceling
                                                                         9                       or reducing the scheduled work hours of the do-
                                                                       10                        mestic worker at a time that is less than 72
                                                                       11                        hours prior to the commencement of such
                                                                       12                        scheduled work hours, unless the domestic work
                                                                       13                        hiring entity—
                                                                       14                                         (i) is an individual with a disability
                                                                       15                                  relying on the domestic worker for dis-
                                                                       16                                  ability supports and services (or an entity
                                                                       17                                  supporting an individual with a disability);
                                                                       18                                  and
                                                                       19                                         (ii) requests the domestic worker to
                                                                       20                                  consent to work alternative, equivalent
                                                                       21                                  scheduled work hours within a 7-day pe-
                                                                       22                                  riod and the worker consents to work such
                                                                       23                                  alternative, equivalent hours.




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                                                                       24               (d) RIGHT TO DECLINE SCHEDULE CHANGES.—




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                                                                         1                       (1) IN GENERAL.—In the case of a covered do-
                                                                         2              mestic worker (as defined in section 110(a)), if a do-
                                                                         3              mestic work hiring entity wishes to include work
                                                                         4              hours in the scheduled work hours of such worker
                                                                         5              that are identified as hours in which the worker can
                                                                         6              typically expect to be scheduled as off from work in
                                                                         7              accordance with the written agreement under section
                                                                         8              110(d)(1)(F)(iv)(I) or are identified as hours outside
                                                                         9              of        the       good          faith         estimate              under       section
                                                                       10               110(d)(1)(F)(iv)(II)(cc), the hiring entity shall ob-
                                                                       11               tain the written consent of the worker to work such
                                                                       12               hours prior to the commencement of such work.
                                                                       13                        (2) CONSENT.—The consent required under
                                                                       14               paragraph (1) may be transmitted electronically to
                                                                       15               the domestic work hiring entity.
                                                                       16               (e) EXCEPTIONS.—
                                                                       17                        (1) IN GENERAL.—Notwithstanding any provi-
                                                                       18               sion in this section, the requirements under sub-
                                                                       19               section (c) shall not apply—
                                                                       20                                  (A) during any period in which the oper-
                                                                       21                        ations of the domestic work hiring entity cannot
                                                                       22                        begin or continue due to—
                                                                       23                                         (i) a fire, flood, or other natural dis-




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                                                                       24                                  aster;




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                                                                         1                                        (ii) a major disaster or emergency de-
                                                                         2                                 clared by the President under section 401
                                                                         3                                 or 501, respectively, of the Robert T. Staf-
                                                                         4                                 ford Disaster Relief and Emergency Assist-
                                                                         5                                 ance Act (42 U.S.C. 5170, 5191) or a
                                                                         6                                 state of emergency declared by a Governor
                                                                         7                                 of a State or chief official of a unit of local
                                                                         8                                 government; or
                                                                         9                                        (iii) a severe weather condition that
                                                                       10                                  poses a threat to worker safety; or
                                                                       11                                  (B) in a case in which—
                                                                       12                                         (i) the domestic worker voluntarily re-
                                                                       13                                  quested in writing a change to the sched-
                                                                       14                                  uled work hours of the worker; or
                                                                       15                                         (ii) the domestic work hiring entity
                                                                       16                                  changes the scheduled work hours of a do-
                                                                       17                                  mestic worker due to—
                                                                       18                                                  (I) a medical emergency requir-
                                                                       19                                         ing emergency medical treatment or
                                                                       20                                         hospitalization; or
                                                                       21                                                  (II) the risk of contagion or a
                                                                       22                                         quarantine requirement related to the
                                                                       23                                         public health emergency declared by




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                                                                       24                                         the Secretary of Health and Human
                                                                       25                                         Services under section 319 of the


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                                                                         1                                        Public Health Service Act (42 U.S.C.
                                                                         2                                        247d) on January 31, 2020, with re-
                                                                         3                                        spect to COVID–19, or any other
                                                                         4                                        public           health          emergency              declared
                                                                         5                                        under such section.
                                                                         6                       (2) SHARED LIVING ARRANGEMENT.—Notwith-
                                                                         7              standing any provision in this section, the require-
                                                                         8              ments under this section shall not apply to a shared
                                                                         9              living arrangement.
                                                                       10               (f) EFFECTIVE DATE.—This section shall take effect
                                                                       11 on the date that is 2 years after the date of enactment
                                                                       12 of this Act.
                                                                       13      SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY

                                                                       14                              CHANGES TO SCHEDULED WORK HOURS DUE

                                                                       15                              TO PERSONAL EVENTS.

                                                                       16               (a) DEFINITIONS.—In this section:
                                                                       17                        (1) COVERED DOMESTIC WORKER.—The term
                                                                       18               ‘‘covered domestic worker’’ has the meaning given
                                                                       19               the term in section 110(a).
                                                                       20                        (2) DOMESTIC VIOLENCE.—The term ‘‘domestic
                                                                       21               violence’’ has the meaning given the term in section
                                                                       22               111(a).
                                                                       23                        (3) PERSONAL                     EVENT.—The                 term ‘‘personal




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                                                                       24               event’’, with respect to a covered domestic worker,
                                                                       25               means—


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                                                                         1                                 (A) an event resulting in the need of the
                                                                         2                       covered domestic worker to serve as a caregiver
                                                                         3                       for an individual related to the covered domestic
                                                                         4                       worker by blood or affinity or whose close asso-
                                                                         5                       ciation with the covered domestic worker is the
                                                                         6                       equivalent of a family relationship;
                                                                         7                                 (B) an event resulting from the obligation
                                                                         8                       of a covered domestic worker to attend a legal
                                                                         9                       proceeding or hearing for subsistence benefits,
                                                                       10                        including benefits under the supplemental nutri-
                                                                       11                        tion assistance program established under the
                                                                       12                        Food and Nutrition Act of 2008 (7 U.S.C.
                                                                       13                        2011 et seq.) or under a State program for
                                                                       14                        temporary assistance for needy families estab-
                                                                       15                        lished under part A of title IV of the Social Se-
                                                                       16                        curity Act (42 U.S.C. 601 et seq.), to which the
                                                                       17                        worker, or an individual related to the worker
                                                                       18                        as described in subparagraph (A), is a party or
                                                                       19                        witness; or
                                                                       20                                  (C) any circumstance that would constitute
                                                                       21                        a basis for permissible use of safe time, or fam-
                                                                       22                        ily, medical, or sick leave, as determined based
                                                                       23                        on the policy of the domestic work hiring entity.




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                                                                       24                        (4) SAFE TIME.—The term ‘‘safe time’’, with
                                                                       25               respect to a covered domestic worker, means an ab-


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                                                                         1              sence from work of the worker resulting from do-
                                                                         2              mestic violence, sexual assault, or stalking, if the ab-
                                                                         3              sence is to—
                                                                         4                                 (A) seek medical attention for the worker
                                                                         5                       or a child, parent, spouse, or domestic partner
                                                                         6                       of the worker, or any other individual related to
                                                                         7                       the worker by blood or affinity whose close as-
                                                                         8                       sociation with the worker is the equivalent of a
                                                                         9                       family relationship, in order to recover from
                                                                       10                        physical or psychological injury or disability
                                                                       11                        caused by domestic violence, sexual assault, or
                                                                       12                        stalking;
                                                                       13                                  (B) obtain, or assist a child, parent,
                                                                       14                        spouse, domestic partner, or other individual
                                                                       15                        described in subparagraph (A) in obtaining,
                                                                       16                        services from a victim services organization;
                                                                       17                                  (C) obtain, or assist a child, parent,
                                                                       18                        spouse, domestic partner, or other individual
                                                                       19                        described in subparagraph (A) in obtaining,
                                                                       20                        psychological or other counseling;
                                                                       21                                  (D) seek relocation for the worker or a
                                                                       22                        child, parent, spouse, domestic partner, or other
                                                                       23                        individual described in subparagraph (A); or




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                                                                       24                                  (E) take legal action, including preparing
                                                                       25                        for or participating in any civil or criminal legal


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                                                                         1                       proceeding related to or resulting from domestic
                                                                         2                       violence, sexual assault, or stalking, of the
                                                                         3                       worker or a child, parent, spouse, domestic
                                                                         4                       partner, or other individual described in sub-
                                                                         5                       paragraph (A).
                                                                         6                       (5) SCHEDULED                       WORK            HOURS.—The           term
                                                                         7              ‘‘scheduled work hours’’ has the meaning given such
                                                                         8              term in section 112(a), except that references in
                                                                         9              such section to the term ‘‘domestic worker’’ shall be
                                                                       10               deemed to be a reference to the term ‘‘covered do-
                                                                       11               mestic worker’’.
                                                                       12                        (6) SEXUAL ASSAULT; STALKING.—The terms
                                                                       13               ‘‘sexual assault’’ and ‘‘stalking’’ have the meanings
                                                                       14               given such terms in section 111(a).
                                                                       15                        (7) TEMPORARY                      CHANGE.—The                     term ‘‘tem-
                                                                       16               porary change’’, with respect to a change in the
                                                                       17               scheduled work hours of a covered domestic worker,
                                                                       18               means a limited alteration in the hours or dates
                                                                       19               that, or locations where, a worker is scheduled to
                                                                       20               work, including through using paid time off, trading
                                                                       21               or shifting work hours, or using short-term unpaid
                                                                       22               leave.
                                                                       23               (b) REQUEST.—




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                                                                       24                        (1) IN GENERAL.—In accordance with this sub-
                                                                       25               section, for each calendar year, a domestic work hir-


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                                                                         1              ing entity shall, upon request of a covered domestic
                                                                         2              worker, grant to the covered domestic worker not
                                                                         3              less than—
                                                                         4                                 (A) 2 requests for a temporary change,
                                                                         5                       covering not more than 1 business day per re-
                                                                         6                       quest, to the scheduled work hours of the work-
                                                                         7                       er due to a personal event; or
                                                                         8                                 (B) 1 request for a temporary change, cov-
                                                                         9                       ering not more than 2 business days, to the
                                                                       10                        scheduled work hours of the worker due to a
                                                                       11                        personal event.
                                                                       12                        (2) NOTIFICATION OF REQUEST.—
                                                                       13                                  (A) IN          GENERAL.—A                    covered domestic
                                                                       14                        worker who requests a temporary change to the
                                                                       15                        scheduled work hours of the worker due to a
                                                                       16                        personal event under this subsection shall—
                                                                       17                                         (i) notify the domestic work hiring en-
                                                                       18                                  tity, or direct supervisor, of such worker,
                                                                       19                                  as soon as the worker becomes aware of
                                                                       20                                  the need for the temporary change and in-
                                                                       21                                  form the entity or supervisor that the
                                                                       22                                  change is due to a personal event;
                                                                       23                                         (ii) make a proposal for the temporary




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                                                                       24                                  change to the scheduled work hours of the




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                                                                         1                                 worker, unless the worker seeks leave with-
                                                                         2                                 out pay; and
                                                                         3                                        (iii) subject to subparagraph (B), not
                                                                         4                                 be required to initially submit the request
                                                                         5                                 in writing.
                                                                         6                                 (B) WRITTEN RECORD.—
                                                                         7                                        (i) IN GENERAL.—A covered domestic
                                                                         8                                 worker that requests a temporary change
                                                                         9                                 to the scheduled work hours of the worker
                                                                       10                                  under this subsection and does not initially
                                                                       11                                  submit a request for such change in writ-
                                                                       12                                  ing shall, as soon as practicable and not
                                                                       13                                  later than 2 business days after date on
                                                                       14                                  which the worker returns to work following
                                                                       15                                  the conclusion of the temporary change to
                                                                       16                                  the scheduled work hours, submit a written
                                                                       17                                  record of such request indicating—
                                                                       18                                                  (I) the date for which the change
                                                                       19                                         was requested; and
                                                                       20                                                  (II) that the request was made
                                                                       21                                         due to a personal event.
                                                                       22                                         (ii) ELECTRONIC MEANS.—A domestic
                                                                       23                                  work hiring entity may require that a




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                                                                       24                                  record under this subparagraph be sub-
                                                                       25                                  mitted in electronic form if workers of the


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                                                                         1                                 domestic work hiring entity commonly use
                                                                         2                                 an electronic form to request and manage
                                                                         3                                 leave and schedule changes.
                                                                         4              (c) RESPONSE.—A domestic work hiring entity who
                                                                         5 receives a request under subsection (b) for a temporary
                                                                         6 change to the scheduled work hours of a covered domestic
                                                                         7 worker due to a personal event shall respond as soon as
                                                                         8 practicable. Such entity shall not be initially required to
                                                                         9 respond to such request in writing. If such entity does not
                                                                       10 initially respond to the requested schedule change in writ-
                                                                       11 ing, the entity shall, as soon as practicable and not later
                                                                       12 than 1 week after the requested schedule change, provide
                                                                       13 the domestic worker with a written record of the response
                                                                       14 to the requested schedule change.
                                                                       15               (d) EFFECTIVE DATE.—This section shall take effect
                                                                       16 on the date that is 2 years after the date of enactment
                                                                       17 of this Act.
                                                                       18      SEC. 114. PRIVACY.

                                                                       19               (a) IN GENERAL.—A domestic work hiring entity
                                                                       20 shall not—
                                                                       21                        (1) monitor or record a domestic worker while
                                                                       22               such domestic worker is—
                                                                       23                                  (A) using restroom or bathing facilities;




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                                                                       24                                  (B) in the private living quarters of the
                                                                       25                        worker; or


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                                                                         1                                 (C) engaging in any activities associated
                                                                         2                       with the dressing, undressing, or changing of
                                                                         3                       clothes of the worker;
                                                                         4                       (2) subject to subsection (b), restrict or inter-
                                                                         5              fere with, or monitor, the private communications of
                                                                         6              such domestic worker; or
                                                                         7                       (3) take possession of any documents or other
                                                                         8              personal effects of such domestic worker.
                                                                         9              (b) PRIVATE COMMUNICATIONS.—A domestic work
                                                                       10 hiring entity may—
                                                                       11                        (1) restrict, interfere with, or monitor the pri-
                                                                       12               vate communications of a domestic worker if the do-
                                                                       13               mestic work hiring entity has a reasonable belief
                                                                       14               that such communications significantly interfere
                                                                       15               with the domestic worker’s performance of expected
                                                                       16               duties; and
                                                                       17                        (2) establish reasonable restrictions on the pri-
                                                                       18               vate communications of a domestic worker while
                                                                       19               such worker is performing work for the domestic
                                                                       20               work hiring entity.
                                                                       21               (c) RELATION TO OTHER LAWS.—This section shall
                                                                       22 not preclude liability under any other law.
                                                                       23               (d) DEFINITION OF PRIVATE COMMUNICATIONS.—In




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                                                                       24 this section, the term ‘‘private communications’’ means
                                                                       25 any communication through telephone or internet services,


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                                                                         1 including sending and receiving communications by text
                                                                         2 message, social media, electronic mail, and telephone, with
                                                                         3 an entity or individual other than the domestic work hiring
                                                                         4 entity.
                                                                         5     SEC. 115. BREAKS FOR MEALS AND REST.

                                                                         6              (a) MEAL BREAKS.—
                                                                         7                       (1) IN GENERAL.—Except as provided in sub-
                                                                         8              section (c), a domestic work hiring entity shall not
                                                                         9              require a domestic worker to work more than 5
                                                                       10               hours for such hiring entity without an uninter-
                                                                       11               rupted meal break of not less than 30 minutes. The
                                                                       12               number of hours worked by a domestic worker for
                                                                       13               purposes of this paragraph shall be calculated with-
                                                                       14               out regard to any rest break the worker takes and
                                                                       15               to which the worker has a right under subsection
                                                                       16               (b).
                                                                       17                        (2) RATE OF PAY.—A domestic work hiring en-
                                                                       18               tity shall pay a domestic worker for a meal break
                                                                       19               under paragraph (1) at the regular rate of pay of
                                                                       20               the domestic worker unless the domestic worker is
                                                                       21               relieved of all duty for not less than 30 minutes dur-
                                                                       22               ing the meal break and is permitted to leave the
                                                                       23               work site during such break.




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                                                                       24                        (3) PAID MEAL BREAK.—Except as provided in
                                                                       25               subsection (c), for any paid meal break required


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                                                                         1              under paragraph (2), a domestic work hiring enti-
                                                                         2              ty—
                                                                         3                                 (A) shall provide a reasonable opportunity
                                                                         4                       for a domestic worker to take such break for a
                                                                         5                       period of uninterrupted time that is not less
                                                                         6                       than 30 minutes; and
                                                                         7                                 (B) shall not impede or discourage a do-
                                                                         8                       mestic worker from taking such meal break.
                                                                         9              (b) REST BREAKS.—
                                                                       10                        (1) IN GENERAL.—Except as provided in sub-
                                                                       11               section (c), for every 4 hours of work that a domes-
                                                                       12               tic worker is scheduled to perform for a domestic
                                                                       13               work hiring entity, the entity shall allow the worker
                                                                       14               a rest break of not less than 10 uninterrupted min-
                                                                       15               utes in which the domestic worker is relieved of all
                                                                       16               duties related to providing domestic services to the
                                                                       17               domestic work hiring entity. The domestic work hir-
                                                                       18               ing entity shall allow such rest break to occur during
                                                                       19               the first 3 hours of consecutive work performed by
                                                                       20               the worker for the entity.
                                                                       21                        (2) RATE OF PAY.—A domestic work hiring en-
                                                                       22               tity shall pay a domestic worker for the times spent
                                                                       23               by the worker for a rest break under paragraph (1)




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                                                                       24               at the regular rate of pay of the worker. The hiring




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                                                                         1              entity shall not impede or discourage a domestic
                                                                         2              worker from taking such break.
                                                                         3              (c) EXCEPTIONS.—
                                                                         4                       (1) IN GENERAL.—Subject to paragraph (2), a
                                                                         5              domestic worker may not have the right to a meal
                                                                         6              break under subsection (a), or a rest break under
                                                                         7              subsection (b), in a case in which the safety of an
                                                                         8              individual under the care of the domestic worker
                                                                         9              prevents the domestic worker from taking such
                                                                       10               break.
                                                                       11                        (2) ON-DUTY BREAKS.—
                                                                       12                                  (A) DEFINITION                     OF      ON-DUTY.—In         this
                                                                       13                        subsection, the term ‘‘on-duty’’, with respect to
                                                                       14                        a meal break under subsection (a) or a rest
                                                                       15                        break under subsection (b), means such a break
                                                                       16                        in which the domestic worker—
                                                                       17                                         (i) is not relieved of all duties of the
                                                                       18                                  worker for the domestic work hiring entity;
                                                                       19                                  and
                                                                       20                                         (ii) may, to the extent possible given
                                                                       21                                  the duties of the domestic worker for the
                                                                       22                                  domestic work hiring entity, engage in per-
                                                                       23                                  sonal activities, such as resting, eating a




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                                                                       24                                  meal, drinking a beverage, making a per-




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                                                                         1                                 sonal telephone call, or making other per-
                                                                         2                                 sonal choices.
                                                                         3                                 (B) AUTHORIZATION.—
                                                                         4                                        (i) IN GENERAL.—In a case described
                                                                         5                                 in paragraph (1), the domestic worker may
                                                                         6                                 still take an on-duty meal or rest break
                                                                         7                                 under subsection (a) or (b), respectively,
                                                                         8                                 if—
                                                                         9                                                 (I) the nature of the work pre-
                                                                       10                                         vents a domestic worker from being
                                                                       11                                         relieved of all duties required of the
                                                                       12                                         domestic worker for the domestic
                                                                       13                                         work hiring entity; and
                                                                       14                                                  (II) the domestic worker and the
                                                                       15                                         domestic work hiring entity agree to
                                                                       16                                         such an on-duty meal or rest break in
                                                                       17                                         a written agreement described in
                                                                       18                                         clause (ii).
                                                                       19                                         (ii)        WRITTEN                  AGREEMENT.—The

                                                                       20                                  written agreement under clause (i)(II)
                                                                       21                                  shall include a provision allowing the do-
                                                                       22                                  mestic worker to, in writing, revoke the
                                                                       23                                  agreement at any time.




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                                                                       24                                  (C) RATE OF PAY.—A domestic work hir-
                                                                       25                        ing entity shall compensate a domestic worker


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                                                                         1                       for the time of an on-duty meal or rest break
                                                                         2                       under this paragraph at the regular rate of pay
                                                                         3                       of the worker for the entity.
                                                                         4                       (3) SHARED LIVING ARRANGEMENT.—The re-
                                                                         5              quirements under this section shall not apply in the
                                                                         6              case of a shared living arrangement.
                                                                         7     SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORT-

                                                                         8                             AGES, BREAKAGES, LOSS, OR MODES OF COM-

                                                                         9                             MUNICATION.

                                                                       10               (a) IN GENERAL.—
                                                                       11                        (1) REQUIREMENT.—Except as provided in
                                                                       12               paragraph (2), a domestic work hiring entity may
                                                                       13               not make any deduction from the wage of, or require
                                                                       14               any reimbursement from, a domestic worker for—
                                                                       15                                  (A) any cash shortage of the domestic
                                                                       16                        work hiring entity; or
                                                                       17                                  (B) breakage or loss of the entity’s equip-
                                                                       18                        ment or other belongings.
                                                                       19                        (2) EXCEPTION.—A domestic work hiring entity
                                                                       20               may deduct from the wage of, or require reimburse-
                                                                       21               ment from, a domestic worker described in para-
                                                                       22               graph (1) if the entity can show that a shortage,
                                                                       23               breakage, or loss described in paragraph (1) was




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                                                                       24               caused by a dishonest or willful act of the domestic
                                                                       25               worker.


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                                                                         1              (b) COMMUNICATIONS.—No domestic work hiring en-
                                                                         2 tity shall make any deduction from the wage of, or other-
                                                                         3 wise penalize, a domestic worker for communicating with
                                                                         4 a consumer of domestic services directly as opposed to
                                                                         5 communicating through an application or other messaging
                                                                         6 service provided by an on-demand platform or otherwise
                                                                         7 required by the domestic work hiring entity.
                                                                         8              (c) VIOLATION.—Any deduction or reimbursement in
                                                                         9 violation of subsection (a)(1) or (b) shall be deemed an
                                                                       10 unpaid wage for purposes of enforcement under section
                                                                       11 118, and the domestic worker shall have the right to re-
                                                                       12 cover such wage in accordance with such section.
                                                                       13      SEC. 117. PROHIBITED ACTS.

                                                                       14               (a) INTERFERENCE WITH RIGHTS.—It shall be un-
                                                                       15 lawful for any person to interfere with, restrain, or deny
                                                                       16 the exercise of, or the attempt to exercise, any right pro-
                                                                       17 vided under this subtitle, including—
                                                                       18                        (1) discharging or in any manner discrimi-
                                                                       19               nating against (including retaliating against) any
                                                                       20               domestic worker for—
                                                                       21                                  (A) exercising, or attempting to exercise,
                                                                       22                        any right provided under this subtitle; or
                                                                       23                                  (B) engaging in concerted activities for the




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                                                                       24                        purpose of collective bargaining or mutual aid
                                                                       25                        or protection, regardless of whether such activi-


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                                                                         1                       ties are with domestic workers of different em-
                                                                         2                       ployers or domestic workers at different work-
                                                                         3                       sites; and
                                                                         4                       (2) discriminating against any domestic worker
                                                                         5              by using the exercise of a right provided under this
                                                                         6              subtitle as a negative factor in an employment ac-
                                                                         7              tion, such as an action involving hiring, promotion,
                                                                         8              or changing work hours or number of shifts, or a
                                                                         9              disciplinary action.
                                                                       10               (b) RETALIATION PROTECTION.—It shall be unlawful
                                                                       11 for any domestic work hiring entity to discharge, demote,
                                                                       12 suspend, reduce the work hours of, take any other adverse
                                                                       13 employment action against, threaten to take an adverse
                                                                       14 employment action against, or in any other manner dis-
                                                                       15 criminate against a domestic worker with respect to com-
                                                                       16 pensation, terms, conditions, or privileges of employment
                                                                       17 because the domestic worker (or any person acting pursu-
                                                                       18 ant to the request of the domestic worker), whether at the
                                                                       19 initiative of the domestic worker or in the ordinary course
                                                                       20 of the domestic worker’s duties—
                                                                       21                        (1) opposes any practice made unlawful under
                                                                       22               this subtitle;
                                                                       23                        (2) asserts any claim or right under this sub-




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                                                                       24               title;




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                                                                         1                       (3) assists a domestic worker in asserting such
                                                                         2              claim or right;
                                                                         3                       (4) informs any domestic worker about this
                                                                         4              subtitle;
                                                                         5                       (5) requests a change to the written agreement
                                                                         6              described in section 110;
                                                                         7                       (6) requests a change in scheduled work hours
                                                                         8              described in section 112, or any other schedule
                                                                         9              change, without regard to the eligibility of such do-
                                                                       10               mestic worker to receive any such change;
                                                                       11                        (7) participates as a member of, or takes an ac-
                                                                       12               tion described in paragraph (8) with respect to, the
                                                                       13               Domestic Worker Standards Board described in sec-
                                                                       14               tion 201;
                                                                       15                        (8)(A) files an action, or institutes or causes to
                                                                       16               be instituted any proceeding, under or related to this
                                                                       17               subtitle;
                                                                       18                        (B) gives, or is about to give, any information
                                                                       19               in connection with any inquiry or proceeding relating
                                                                       20               to any right provided under this subtitle; or
                                                                       21                        (C) testifies, or is about to testify, in any in-
                                                                       22               quiry or proceeding relating to any right provided
                                                                       23               under this subtitle; and




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                                                                       24                        (9) engages in concerted activities for the pur-
                                                                       25               pose of collective bargaining or mutual aid or protec-


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                                                                         1              tion, regardless of whether such activities are with
                                                                         2              domestic workers of different employers or domestic
                                                                         3              workers at different worksites.
                                                                         4              (c) IMMIGRATION-RELATED ACTIONS AS DISCRIMI-
                                                                         5     NATION.—For purposes of subsections (a) and (b), dis-

                                                                         6 crimination with respect to compensation, terms, condi-
                                                                         7 tions, or privileges of employment occurs if a person un-
                                                                         8 dertakes any of the following activities (unless such activ-
                                                                         9 ity is legal conduct undertaken at the express and specific
                                                                       10 direction or request of the Federal Government):
                                                                       11                        (1) Reporting, or threatening to report, the citi-
                                                                       12               zenship or immigration status of a domestic worker,
                                                                       13               or the suspected citizenship or immigration status of
                                                                       14               a family member of such an individual, to a Federal,
                                                                       15               State, or local agency.
                                                                       16                        (2) Requesting more or different documents
                                                                       17               than those required under section 274A(b) of the
                                                                       18               Immigration                and            Nationality             Act        (8   U.S.C.
                                                                       19               1324a(b)), or refusing to honor documents that on
                                                                       20               their face appear to be genuine.
                                                                       21                        (3) Using the Federal E-Verify system to check
                                                                       22               employment status in a manner not required under
                                                                       23               section 274A(b) of the Immigration and Nationality




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                                                                       24               Act (8 U.S.C. 1324a(b)) or any memorandum gov-
                                                                       25               erning use of the E-Verify system.


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                                                                         1                       (4) Filing, or threatening to file, a false police
                                                                         2              report relating to the immigration status of a do-
                                                                         3              mestic worker, or a family member of a domestic
                                                                         4              worker.
                                                                         5                       (5) Contacting, or threatening to contact, immi-
                                                                         6              gration authorities relating to the immigration sta-
                                                                         7              tus of a domestic worker, or a family member of a
                                                                         8              domestic worker.
                                                                         9              (d) PRESUMPTION OF RETALIATION.—
                                                                       10                        (1) IN GENERAL.—For the purposes of sub-
                                                                       11               sections (a) and (b), proof that a person discharged
                                                                       12               an individual, or discriminated against an individual
                                                                       13               with respect to compensation, terms, conditions, or
                                                                       14               privileges of employment, within 90 days of the indi-
                                                                       15               vidual involved asserting any claim or right under
                                                                       16               this subtitle, or assisting any other individual in as-
                                                                       17               serting such a claim or right, shall raise a presump-
                                                                       18               tion that the discharge or discrimination was in re-
                                                                       19               taliation as prohibited under subsection (a) or (b),
                                                                       20               as the case may be.
                                                                       21                        (2) REBUTTAL.—The presumption under para-
                                                                       22               graph (1) may be rebutted by clear and convincing
                                                                       23               evidence that such discharge or discrimination was




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                                                                       24               taken for another permissible reason.




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                                                                         1     SEC. 118. ENFORCEMENT AUTHORITY.

                                                                         2              (a) IN GENERAL.—
                                                                         3                       (1) APPLICATION.—In this subsection—
                                                                         4                                 (A) the term ‘‘domestic worker’’ means a
                                                                         5                       domestic              worker           described                 in       subsection
                                                                         6                       (e)(1)(A); and
                                                                         7                                 (B) the term ‘‘domestic work hiring enti-
                                                                         8                       ty’’ means a domestic work hiring entity de-
                                                                         9                       scribed in subsection (e)(2)(A).
                                                                       10                        (2) INVESTIGATIVE AUTHORITY.—
                                                                       11                                  (A) IN GENERAL.—To ensure compliance
                                                                       12                        with the provisions of this subtitle, or any regu-
                                                                       13                        lation or order issued under this subtitle, the
                                                                       14                        Secretary shall have the investigative authority
                                                                       15                        provided under section 11(a) of the Fair Labor
                                                                       16                        Standards Act of 1938 (29 U.S.C. 211(a)),
                                                                       17                        with respect to hiring entities, domestic work-
                                                                       18                        ers, and other individuals affected.
                                                                       19                                  (B) OBLIGATION TO KEEP AND PRESERVE
                                                                       20                        RECORDS.—A domestic work hiring entity shall

                                                                       21                        make, keep, and preserve records pertaining to
                                                                       22                        compliance with this subtitle in accordance with
                                                                       23                        section 11(c) of the Fair Labor Standards Act
                                                                       24                        of 1938 (29 U.S.C. 211(c)) and in accordance




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                                                                       25                        with regulations prescribed by the Secretary.


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                                                                         1                                 (C) REQUIRED SUBMISSIONS GENERALLY
                                                                         2                       LIMITED TO AN ANNUAL BASIS.—The Secretary

                                                                         3                       shall not require under this paragraph a domes-
                                                                         4                       tic work hiring entity to submit to the Sec-
                                                                         5                       retary any books or records more than once
                                                                         6                       during any 12-month period, unless the Sec-
                                                                         7                       retary—
                                                                         8                                        (i) has reasonable cause to believe
                                                                         9                                 there may exist a violation of this subtitle,
                                                                       10                                  including any regulation or order issued
                                                                       11                                  under this subtitle; or
                                                                       12                                         (ii) is investigating a charge under
                                                                       13                                  paragraph (4).
                                                                       14                                  (D) SUBPOENA AUTHORITY.—For the pur-
                                                                       15                        poses of any investigation under this paragraph,
                                                                       16                        the Secretary shall have the subpoena authority
                                                                       17                        provided under section 9 of the Fair Labor
                                                                       18                        Standards Act of 1938 (29 U.S.C. 209).
                                                                       19                        (3) CIVIL ACTION BY DOMESTIC WORKERS.—
                                                                       20                                  (A) RIGHT OF ACTION.—An action to re-
                                                                       21                        cover the damages or equitable relief prescribed
                                                                       22                        in subparagraph (B) may be maintained
                                                                       23                        against a domestic work hiring entity by one or




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                                                                       24                        more domestic workers, or a representative for
                                                                       25                        and on behalf of the domestic workers and any


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                                                                         1                       other domestic workers that may be similarly
                                                                         2                       situated.
                                                                         3                                 (B) LIABILITY.—A domestic work hiring
                                                                         4                       entity that violates this subtitle shall be liable
                                                                         5                       to a domestic worker aggrieved by the violation,
                                                                         6                       except as provided in subparagraphs (C) and
                                                                         7                       (D), for—
                                                                         8                                        (i) damages equal to—
                                                                         9                                                 (I) the amount of—
                                                                       10                                                            (aa) any wages, salary, em-
                                                                       11                                                  ployment benefits, or other com-
                                                                       12                                                  pensation denied or lost by rea-
                                                                       13                                                  son of the violation; or
                                                                       14                                                            (bb) in a case in which
                                                                       15                                                  wages, salary, employment bene-
                                                                       16                                                  fits, or other compensation have
                                                                       17                                                  not been denied or lost, any ac-
                                                                       18                                                  tual monetary losses sustained,
                                                                       19                                                  or the costs reasonably related to
                                                                       20                                                  damage to or loss of property, or
                                                                       21                                                  any other injury to the person,
                                                                       22                                                  reputation, character, or feelings,
                                                                       23                                                  sustained by a domestic worker




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                                                                       24                                                  as a direct result of the violation,
                                                                       25                                                  or any injury to another person


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                                                                         1                                                 sustained as a direct result of the
                                                                         2                                                 violation, by the domestic work
                                                                         3                                                 hiring entity;
                                                                         4                                                 (II) the interest on the amount
                                                                         5                                        described in subclause (I) calculated
                                                                         6                                        at the prevailing rate;
                                                                         7                                                 (III) an additional amount as liq-
                                                                         8                                        uidated damages; and
                                                                         9                                                 (IV) such other legal relief as
                                                                       10                                         may be appropriate;
                                                                       11                                         (ii) such equitable relief as may be ap-
                                                                       12                                  propriate, including employment, reinstate-
                                                                       13                                  ment, and promotion; and
                                                                       14                                         (iii) a reasonable attorney’s fee, rea-
                                                                       15                                  sonable expert witness fees, and other costs
                                                                       16                                  of the action.
                                                                       17                                  (C) MEAL AND REST BREAKS.—In the case
                                                                       18                        of a violation of section 115, the domestic work
                                                                       19                        hiring entity involved shall be liable under sub-
                                                                       20                        paragraph (B)—
                                                                       21                                         (i) for the amount of damages de-
                                                                       22                                  scribed in subclauses (I), (II), and (III) of
                                                                       23                                  subparagraph (B)(i); and




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                                                                       24                                         (ii) under subparagraph (B)(i)(IV),
                                                                       25                                  for each such violation, for an amount


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                                                                         1                                 equal to 1 hour of pay at the domestic
                                                                         2                                 worker’s regular rate of compensation (but
                                                                         3                                 not more than 2 hours of such pay for
                                                                         4                                 each workday for which the domestic work
                                                                         5                                 hiring entity is in violation of such sec-
                                                                         6                                 tion).
                                                                         7                                 (D) WRITTEN AGREEMENTS.—In the case
                                                                         8                       of a violation of section 110, the domestic work
                                                                         9                       hiring entity involved shall be liable, under sub-
                                                                       10                        paragraph (B)(i)(I), for an amount equal to
                                                                       11                        $5,000.
                                                                       12                                  (E) VENUE.—An action under this para-
                                                                       13                        graph may be maintained in any Federal or
                                                                       14                        State court of competent jurisdiction.
                                                                       15                        (4) ACTION BY THE SECRETARY.—
                                                                       16                                  (A) ADMINISTRATIVE ACTION.—
                                                                       17                                         (i) IN GENERAL.—Subject to clause
                                                                       18                                  (ii), and subparagraphs (C) and (D) of
                                                                       19                                  paragraph (3), the Secretary shall receive,
                                                                       20                                  investigate, and attempt to resolve com-
                                                                       21                                  plaints of violations of this subtitle in the
                                                                       22                                  same manner that the Secretary receives,
                                                                       23                                  investigates, and attempts to resolve com-




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                                                                       24                                  plaints of violations of sections 6, 7, and
                                                                       25                                  15(a)(3) of the Fair Labor Standards Act


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                                                                         1                                 of 1938 (29 U.S.C. 206, 207, and
                                                                         2                                 215(a)(3)), including the Secretary’s au-
                                                                         3                                 thority to supervise payment of wages and
                                                                         4                                 compensation under section 16(c) of the
                                                                         5                                 Fair Labor Standards Act of 1938 (29
                                                                         6                                 U.S.C. 216(c)).
                                                                         7                                        (ii) VIOLATIONS                       GENERALLY.—The

                                                                         8                                 Secretary may assess a civil penalty
                                                                         9                                 against a domestic work hiring entity that
                                                                       10                                  violates any section of this subtitle—
                                                                       11                                                  (I) of not more than $15,000 for
                                                                       12                                         any first violation of any such section
                                                                       13                                         by such domestic work hiring entity;
                                                                       14                                         and
                                                                       15                                                  (II) of not more than $25,000
                                                                       16                                         for any subsequent violation of any
                                                                       17                                         such section by such domestic work
                                                                       18                                         hiring entity.
                                                                       19                                  (B) ADMINISTRATIVE REVIEW.—Any ag-
                                                                       20                        grieved dislocated worker who takes exception
                                                                       21                        to an order issued by the Secretary under sub-
                                                                       22                        paragraph (A) may request review of and a de-
                                                                       23                        cision regarding such order by an administra-




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                                                                       24                        tive law judge. In reviewing the order, the ad-
                                                                       25                        ministrative law judge may hold an administra-


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                                                                                                                              82
                                                                         1                       tive hearing concerning the order, in accordance
                                                                         2                       with the requirements of sections 554, 556, and
                                                                         3                       557 of title 5, United States Code. Such hear-
                                                                         4                       ing shall be conducted expeditiously. If no ag-
                                                                         5                       grieved dislocated worker requests such review
                                                                         6                       within 60 days after the order is issued under
                                                                         7                       subparagraph (A), the order shall be considered
                                                                         8                       to be a final order that is not subject to judicial
                                                                         9                       review.
                                                                       10                                  (C) CIVIL              ACTION.—The                 Secretary may
                                                                       11                        bring an action in any court of competent juris-
                                                                       12                        diction to recover amounts described in para-
                                                                       13                        graph (3)(B) on behalf of a domestic worker
                                                                       14                        aggrieved by a violation of this subtitle.
                                                                       15                                  (D) SUMS RECOVERED.—
                                                                       16                                         (i) IN GENERAL.—Any sums recovered
                                                                       17                                  by the Secretary under subparagraph (C)
                                                                       18                                  shall be held in a special deposit account
                                                                       19                                  and shall be paid, on order of the Sec-
                                                                       20                                  retary, directly to each domestic worker
                                                                       21                                  aggrieved by the violation for which the ac-
                                                                       22                                  tion was brought. Any such sums not paid
                                                                       23                                  to a domestic worker because of inability




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                                                                       24                                  to do so within a period of 3 years shall be




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                                                                                                                              83
                                                                         1                                 deposited into the Treasury of the United
                                                                         2                                 States as a miscellaneous receipt.
                                                                         3                                        (ii) CIVIL PENALTY.—Any sums re-
                                                                         4                                 covered by the Secretary under subpara-
                                                                         5                                 graph (A)(ii) shall be deposited into the
                                                                         6                                 general fund of the Treasury of the United
                                                                         7                                 States as a miscellaneous receipt.
                                                                         8                       (5) LIMITATION.—
                                                                         9                                 (A) IN GENERAL.—Except as provided in
                                                                       10                        subparagraph (B), an action may be brought
                                                                       11                        under paragraph (3), (4), or (6) not later than
                                                                       12                        2 years after the date of the last event consti-
                                                                       13                        tuting the alleged violation for which the action
                                                                       14                        is brought.
                                                                       15                                  (B) WILLFUL VIOLATION.—In the case of
                                                                       16                        an action brought for a willful violation of this
                                                                       17                        subtitle, such action may be brought not later
                                                                       18                        than 3 years after the date of the last event
                                                                       19                        constituting the alleged violation for which such
                                                                       20                        action is brought.
                                                                       21                                  (C) COMMENCEMENT.—An action shall be
                                                                       22                        considered commenced under paragraph (3),
                                                                       23                        (4), or (6) for the purposes of this paragraph




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                                                                       24                        on the date on which the complaint is filed
                                                                       25                        under such paragraph (3), (4), or (6).


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                                                                         1                       (6) ACTION                FOR        INJUNCTION.—The                     district
                                                                         2              courts of the United States together with the Dis-
                                                                         3              trict Court of the Virgin Islands and the District
                                                                         4              Court of Guam shall have jurisdiction, for cause
                                                                         5              shown, in an action brought by a domestic worker
                                                                         6              or the Secretary—
                                                                         7                                 (A) to restrain violations of this subtitle,
                                                                         8                       including the withholding of a written agree-
                                                                         9                       ment from a domestic worker as required under
                                                                       10                        section 110, or of any withholding of payment
                                                                       11                        of wages, salary, employment benefits, or other
                                                                       12                        compensation, plus interest, found by the court
                                                                       13                        to be due to a domestic worker under this sub-
                                                                       14                        title; or
                                                                       15                                  (B) to award such other equitable relief as
                                                                       16                        may be appropriate, including employment, re-
                                                                       17                        instatement, and promotion, for a violation of
                                                                       18                        this subtitle.
                                                                       19                        (7) SOLICITOR OF LABOR.—The Solicitor of
                                                                       20               Labor may appear for and represent the Secretary
                                                                       21               on any litigation brought under paragraph (4) or
                                                                       22               (6).
                                                                       23                        (8) GOVERNMENT                          ACCOUNTABILITY                   OFFICE




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                                                                       24               AND LIBRARY OF CONGRESS.—Notwithstanding any

                                                                       25               other provision of this subsection, in the case of the


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                                                                         1              Government Accountability Office and the Library of
                                                                         2              Congress, the authority of the Secretary of Labor
                                                                         3              under this subsection shall be exercised respectively
                                                                         4              by the Comptroller General of the United States and
                                                                         5              the Librarian of Congress.
                                                                         6              (b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
                                                                         7     COUNTABILITY ACT OF 1995.—The powers, remedies, and

                                                                         8 procedures provided in the Congressional Accountability
                                                                         9 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
                                                                       10 fined in section 101 of that Act (2 U.S.C. 1301)), or any
                                                                       11 person, alleging a violation of section 202(a)(1) of that
                                                                       12 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies,
                                                                       13 and procedures this Act provides to that Board, or any
                                                                       14 person, alleging an unlawful employment practice in viola-
                                                                       15 tion of this subtitle against a domestic worker described
                                                                       16 in subsection (e)(1)(B).
                                                                       17               (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE
                                                                       18 3, UNITED STATES CODE.—The powers, remedies, and
                                                                       19 procedures provided in chapter 5 of title 3, United States
                                                                       20 Code, to the President, the Merit Systems Protection
                                                                       21 Board, or any person, alleging a violation of section
                                                                       22 412(a)(1) of that title, shall be the powers, remedies, and
                                                                       23 procedures this Act provides to the President, that Board,




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                                                                       24 or any person, respectively, alleging an unlawful employ-




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                                                                                                                              86
                                                                         1 ment practice in violation of this subtitle against a domes-
                                                                         2 tic worker described in subsection (e)(1)(C).
                                                                         3              (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE
                                                                         4 5, UNITED STATES CODE.—The powers, remedies, and
                                                                         5 procedures provided in title 5, United States Code, to an
                                                                         6 employing agency, provided in chapter 12 of that title to
                                                                         7 the Merit Systems Protection Board, or provided in that
                                                                         8 title to any person, alleging a violation of chapter 63 of
                                                                         9 that title, shall be the powers, remedies, and procedures
                                                                       10 this Act provides to that agency, that Board, or any per-
                                                                       11 son, respectively, alleging an unlawful employment prac-
                                                                       12 tice in violation of this subtitle against a domestic worker
                                                                       13 described in subsection (e)(1)(D).
                                                                       14               (e) DEFINITION.—In section 117 and this section, ex-
                                                                       15 cept as otherwise provided in this subsection:
                                                                       16                        (1) DOMESTIC WORKER.—Notwithstanding sec-
                                                                       17               tion 3, the term ‘‘domestic worker’’ means a domes-
                                                                       18               tic worker—
                                                                       19                                  (A) as defined in section 3(b)(6) except
                                                                       20                        that a reference in that section to an individual
                                                                       21                        or employee shall be considered to be a ref-
                                                                       22                        erence to an individual compensated for services
                                                                       23                        provided to an entity described in paragraph




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                                                                       24                        (2)(A);




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                                                                         1                                 (B) as defined in section 3(b)(6) except
                                                                         2                       that a reference in that section to an individual
                                                                         3                       or employee shall be considered to be a ref-
                                                                         4                       erence to an individual compensated for services
                                                                         5                       provided to an entity described in paragraph
                                                                         6                       (2)(B);
                                                                         7                                 (C) as defined in section 3(b)(6) except
                                                                         8                       that a reference in that section to an individual
                                                                         9                       or employee shall be considered to be a ref-
                                                                       10                        erence to an individual compensated for services
                                                                       11                        provided to an entity described in paragraph
                                                                       12                        (2)(C); and
                                                                       13                                  (D) as defined in section 3(b)(6) except
                                                                       14                        that a reference in that section to an individual
                                                                       15                        or employee shall be considered to be a ref-
                                                                       16                        erence to an individual compensated for services
                                                                       17                        provided to an entity described in paragraph
                                                                       18                        (2)(D).
                                                                       19                        (2) DOMESTIC                     WORK HIRING ENTITY.—Not-

                                                                       20               withstanding section 3, the term ‘‘domestic work hir-
                                                                       21               ing entity’’ means a domestic work hiring entity—
                                                                       22                                  (A) as defined in section 3(b)(7) except
                                                                       23                        that a reference in that section to a person or




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                                                                       24                        employer shall be considered to be a reference
                                                                       25                        to an employer described in clause (i) or (ii) of


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                                                                         1                       subparagraph (A), and subparagraph (B), of
                                                                         2                       paragraph (3);
                                                                         3                                 (B) as defined in section 3(b)(7) except
                                                                         4                       that a reference in that section to a person or
                                                                         5                       employer shall be considered to be a reference
                                                                         6                       to an employer described in subparagraphs
                                                                         7                       (A)(iii) and (B) of paragraph (3);
                                                                         8                                 (C) as defined in section 3(b)(7) except
                                                                         9                       that a reference in that section to a person or
                                                                       10                        employer shall be considered to be a reference
                                                                       11                        to an employer described in subparagraphs
                                                                       12                        (A)(iv) and (B) of paragraph (3); and
                                                                       13                                  (D) as defined in section 3(b)(7) except
                                                                       14                        that a reference in that section to a person or
                                                                       15                        employer shall be considered to be a reference
                                                                       16                        to an employer described in subparagraphs
                                                                       17                        (A)(v) and (B) of paragraph (3)(A).
                                                                       18                        (3) EMPLOYER.—Notwithstanding section 3,
                                                                       19               for purposes of paragraph (2), the term ‘‘employer’’
                                                                       20               means a person who is—
                                                                       21                                  (A)(i) an employer, as defined in section
                                                                       22                        3(a), who is not covered under another clause
                                                                       23                        of this subparagraph;




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                                                                         1                                 (ii) an entity employing a State employee
                                                                         2                       described in section 304(a) of the Government
                                                                         3                       Employee Rights Act of 1991;
                                                                         4                                 (iii) an employing office, as defined in sec-
                                                                         5                       tion 101 of the Congressional Accountability
                                                                         6                       Act of 1995;
                                                                         7                                 (iv) an employing office, as defined in sec-
                                                                         8                       tion 411(c) of title 3, United States Code; or
                                                                         9                                 (v) an employing agency covered under
                                                                       10                        subchapter V of chapter 63 of title 5, United
                                                                       11                        States Code; and
                                                                       12                                  (B) an enterprise engaged in commerce or
                                                                       13                        in the production of goods for commerce.
                                                                       14                        (4) EMPLOYMENT.—Notwithstanding section 3,
                                                                       15               the term ‘‘employment’’ includes service as a domes-
                                                                       16               tic worker.
                                                                       17      SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS

                                                                       18                              AND OTHER LAWS.

                                                                       19               (a) IN GENERAL.—Nothing in this subtitle shall—
                                                                       20                        (1) supersede a provision in a collective bar-
                                                                       21               gaining agreement; or
                                                                       22                        (2) be construed to diminish the obligation of a
                                                                       23               domestic work hiring entity to comply with any con-




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                                                                       24               tract, collective bargaining agreement, or employ-
                                                                       25               ment benefit program or plan that provides greater


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                                                                                                                              90
                                                                         1              rights or benefits to domestic workers than the
                                                                         2              rights established under this Act.
                                                                         3              (b) OTHER LAWS.—Nothing in this subtitle shall—
                                                                         4                       (1) affect the obligation of a domestic work hir-
                                                                         5              ing entity to provide a reasonable accommodation in
                                                                         6              the form of a change to the work schedule of a do-
                                                                         7              mestic worker required under any other law, or to
                                                                         8              otherwise comply with any other law;
                                                                         9                       (2) preempt, limit, or otherwise affect the appli-
                                                                       10               cability of any State or local law that provides com-
                                                                       11               parable or superior benefits for domestic workers to
                                                                       12               the requirements under this subtitle; or
                                                                       13                        (3) diminish the rights, privileges, or remedies
                                                                       14               of any domestic worker under any Federal or State
                                                                       15               law or under any collective bargaining agreement.
                                                                       16               (c) NO WAIVERS.—The rights and remedies in this
                                                                       17 subtitle may not be waived by a domestic worker through
                                                                       18 any agreement, policy, or form, or as a condition of em-
                                                                       19 ployment.
                                                                       20                Subtitle C—Domestic Worker
                                                                       21                     Health and Safety
                                                                       22      SEC. 121. NATIONAL DOMESTIC WORKER HOTLINE.

                                                                       23               (a) IN GENERAL.—The Secretary shall award a




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                                                                       24 grant, on a competitive basis, to an entity eligible under
                                                                       25 subsection (b), for a national hotline that domestic work-


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                                                                         1 ers may call to report emergencies, seek emergency serv-
                                                                         2 ices, or seek support or guidance in lieu of emergency serv-
                                                                         3 ices.
                                                                         4              (b) ELIGIBILITY.—In order to be eligible to receive
                                                                         5 a grant under subsection (a), an entity shall—
                                                                         6                       (1) be an entity described in paragraph (3), (5),
                                                                         7              or (6) of section 501(c) of the Internal Revenue
                                                                         8              Code of 1986 and exempt from taxation under sec-
                                                                         9              tion 501(a) of such Code;
                                                                       10                        (2) have a demonstrated expertise in and expe-
                                                                       11               rience with domestic workers;
                                                                       12                        (3) employ or otherwise engage domestic work-
                                                                       13               ers in the performance of domestic services;
                                                                       14                        (4) have a leadership or board structure that
                                                                       15               includes domestic workers; and
                                                                       16                        (5) comply with any other criteria established
                                                                       17               by the Secretary for purposes of this section.
                                                                       18      SEC. 122. ACCESS TO HEALTH AND SAFETY.

                                                                       19               (a) STANDARD FOR DOMESTIC WORKERS.—
                                                                       20                        (1) STANDARD.—
                                                                       21                                  (A) IN GENERAL.—Not later than 1 year
                                                                       22                        after the date of enactment of this Act, the
                                                                       23                        Consumer Product Safety Commission shall, to




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                                                                       24                        improve the health and safety of domestic work-
                                                                       25                        ers that clean private homes, promulgate a con-


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                                                                         1                       sumer product safety standard under section 7
                                                                         2                       of the Consumer Product Safety Act (15 U.S.C.
                                                                         3                       2056) to require manufacturers of household
                                                                         4                       cleaning supplies to—
                                                                         5                                        (i) make safety data sheets for any
                                                                         6                                 household cleaning supply that contains a
                                                                         7                                 hazardous              chemical            available           on   the
                                                                         8                                 website of the manufacturer in a manner
                                                                         9                                 that ensures such safety data sheets are
                                                                       10                                  easily accessed via the name of the specific
                                                                       11                                  product line;
                                                                       12                                         (ii) translate such safety data sheets
                                                                       13                                  into multiple languages, including all lan-
                                                                       14                                  guages in which the Secretary, acting
                                                                       15                                  through the Administrator of the Wage
                                                                       16                                  and Hour Division, translates the basic in-
                                                                       17                                  formation fact sheet published by the Ad-
                                                                       18                                  ministrator; and
                                                                       19                                         (iii) create and provide, for use on
                                                                       20                                  small secondary containers, small labels
                                                                       21                                  with the name of the product and its ingre-
                                                                       22                                  dients as listed on the safety data sheet.
                                                                       23                                  (B)         CIVIL         PENALTY.—Notwithstanding




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                                                                       24                        section 20 of the Consumer Product Safety Act
                                                                       25                        (15 U.S.C. 2069), or any other provision of


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                                                                                                                              93
                                                                         1                       that Act, any person that knowingly violates the
                                                                         2                       requirements of the standard promulgated
                                                                         3                       under subparagraph (A) shall be subject to a
                                                                         4                       civil penalty not to exceed $500 for each viola-
                                                                         5                       tion.
                                                                         6                       (2) EDUCATIONAL                         MATERIALS                 FOR    WORK-

                                                                         7              ERS.—The               Consumer Product Safety Commission
                                                                         8              shall produce educational materials for consumers
                                                                         9              and domestic workers regarding requirements for
                                                                       10               safety data sheets and translate such materials into
                                                                       11               multiple languages, including all languages described
                                                                       12               in paragraph (1)(A)(ii).
                                                                       13                        (3) DEFINITIONS.—In this subsection:
                                                                       14                                  (A) HAZARDOUS                       CHEMICAL.—The                  term
                                                                       15                        ‘‘hazardous chemical’’ has the meaning given
                                                                       16                        such term in section 1910.1200(c) of title 29,
                                                                       17                        Code of Federal Regulations, or a successor
                                                                       18                        regulation.
                                                                       19                                  (B) HOUSEHOLD CLEANING SUPPLY.—The
                                                                       20                        term ‘‘household cleaning supply’’—
                                                                       21                                         (i) means any product, including a
                                                                       22                                  soap or detergent containing a surfactant
                                                                       23                                  as a wetting or dirt emulsifying agent, that




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                                                                       24                                  is used primarily for domestic or commer-
                                                                       25                                  cial        cleaning          purposes,                including    the


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                                                                         1                                 cleansing of fabrics, dishes, food utensils,
                                                                         2                                 and household and commercial premises;
                                                                         3                                 and
                                                                         4                                        (ii) does not include—
                                                                         5                                                 (I) food, drugs, or cosmetics, in-
                                                                         6                                        cluding personal care items such as
                                                                         7                                        toothpaste, shampoo, or hand soap; or
                                                                         8                                                 (II) products labeled, advertised,
                                                                         9                                        marketed, or distributed for use pri-
                                                                       10                                         marily as a pesticide subject to the
                                                                       11                                         Federal Insecticide, Fungicide, and
                                                                       12                                         Rodenticide Act (7 U.S.C. 136 et
                                                                       13                                         seq.).
                                                                       14                                  (C) SAFETY                DATA          SHEETS.—The            term
                                                                       15                        ‘‘safety data sheets’’ means the safety data
                                                                       16                        sheets required under section 1910.1200 of title
                                                                       17                        29, Code of Federal Regulations, or a successor
                                                                       18                        regulation.
                                                                       19               (b) NIOSH EDUCATIONAL MATERIALS.—Not later
                                                                       20 than 1 year after the date of enactment of this Act, the
                                                                       21 Director of the National Institute for Occupational Safety
                                                                       22 and Health shall develop and publish educational mate-
                                                                       23 rials on protecting the health and safety of domestic work-




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                                                                       24 ers who provide child care or cleaning services.




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                                                                         1     SEC. 123. OCCUPATIONAL SAFETY AND HEALTH TRAINING

                                                                         2                             GRANTS.

                                                                         3              The Secretary shall, in awarding Susan Harwood
                                                                         4 training grants under the Occupational Safety and Health
                                                                         5 Act of 1970 (29 U.S.C. 651 et seq.), assure that hazards
                                                                         6 facing domestic workers are included as a topic for train-
                                                                         7 ing in any announcement for such grants issued after the
                                                                         8 date of enactment of this Act.
                                                                         9     SEC. 124. WORKPLACE HARASSMENT SURVIVOR SUPPORTS

                                                                       10                              STUDY.

                                                                       11               (a) IN GENERAL.—Not later than 1 year after the
                                                                       12 date of enactment of this Act, the Comptroller General
                                                                       13 of the United States shall submit a report, to the Inter-
                                                                       14 agency Task Force on Domestic Workers Bill of Rights
                                                                       15 Enforcement established under section 303(a) and Con-
                                                                       16 gress, on ways to expedite public support to ensure that
                                                                       17 survivors of workplace harassment in low-wage, vulner-
                                                                       18 able, and marginalized sectors, such as the domestic serv-
                                                                       19 ice sector, can access support for any of the following:
                                                                       20                        (1) Housing services.
                                                                       21                        (2) Health care services, including mental
                                                                       22               health services.
                                                                       23                        (3) Counseling services.
                                                                       24                        (4) Workers’ compensation.




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                                                                       25                        (5) Unemployment insurance.
                                                                       26                        (6) Disability benefits.
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                                                                         1                       (7) Transportation stipends.
                                                                         2                       (8) Support for caregiving needs, including paid
                                                                         3              leave, child care, and care for an individual related
                                                                         4              to the survivor by blood or affinity or whose close
                                                                         5              association with the survivor is the equivalent of a
                                                                         6              family relationship.
                                                                         7                       (9) Any other support determined appropriate
                                                                         8              by the Secretary.
                                                                         9              (b) RECOMMENDATIONS.—The report required under
                                                                       10 subsection (a) shall—
                                                                       11                        (1) include specific recommendations for each
                                                                       12               type of support listed in paragraphs (1) through (8)
                                                                       13               of such subsection; and
                                                                       14                        (2) take into account that support is needed re-
                                                                       15               gardless of immigration or citizenship status.
                                                                       16            Subtitle D—Amendment to Title
                                                                       17             VII of Civil Rights Act of 1964
                                                                       18      SEC. 131. INCLUDING CERTAIN DOMESTIC WORKERS IN

                                                                       19                              CIVIL RIGHTS PROTECTIONS AGAINST DIS-

                                                                       20                              CRIMINATION IN EMPLOYMENT.

                                                                       21               Section 701(b) of the Civil Rights Act of 1964 (42
                                                                       22 U.S.C. 2000e(b)) is amended by striking ‘‘fifteen’’ and in-
                                                                       23 serting ‘‘one’’.




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                                                                         1 TITLE II—STANDARDS BOARD,
                                                                         2    BENEFITS, AND WORKFORCE
                                                                         3    INVESTMENT
                                                                         4     SEC. 201. DOMESTIC WORKER STANDARDS BOARD.

                                                                         5              (a) ESTABLISHMENT                           AND        PURPOSES.—The Sec-
                                                                         6 retary shall establish a board to be known as the ‘‘Domes-
                                                                         7 tic Worker Standards Board’’ (referred to in this section
                                                                         8 as the ‘‘Board’’) to investigate standards in the domestic
                                                                         9 workers industry, and issue recommendations to the Sec-
                                                                       10 retary under subsection (e)(1), in order to promote the
                                                                       11 health, safety, and well-being of domestic workers.
                                                                       12               (b) MEMBERSHIP.—
                                                                       13                        (1) COMPOSITION.—The Board shall be com-
                                                                       14               posed of 11 members, of which—
                                                                       15                                  (A) 5 shall be individuals, appointed by the
                                                                       16                        Secretary in accordance with paragraph (2),
                                                                       17                        representing domestic workers;
                                                                       18                                  (B) 5 shall be individuals, appointed by the
                                                                       19                        Secretary in accordance with paragraph (3),
                                                                       20                        representing domestic work hiring entities; and
                                                                       21                                  (C) 1 shall be an individual appointed by
                                                                       22                        the Secretary who is an expert on the domestic
                                                                       23                        services sector from academia, the nonprofit




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                                                                       24                        sector, or a Federal, State, or local govern-
                                                                       25                        mental agency.


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                                                                         1                       (2) DOMESTIC WORKERS SEATS.—
                                                                         2                                 (A) IN GENERAL.—The Secretary shall ap-
                                                                         3                       point members of the Board representing do-
                                                                         4                       mestic workers from among individuals nomi-
                                                                         5                       nated under subparagraph (B) by eligible work-
                                                                         6                       er organizations.
                                                                         7                                 (B) SELECTION OF ELIGIBLE WORKER OR-
                                                                         8                       GANIZATIONS.—The                       Secretary shall enter into
                                                                         9                       agreements, on a competitive basis, with eligible
                                                                       10                        worker organizations for such organizations to
                                                                       11                        nominate individuals to serve as members of the
                                                                       12                        Board representing domestic workers.
                                                                       13                                  (C) SELECTING                      INDIVIDUALS                 ON   THE

                                                                       14                        BOARD.—For each individual nominated under

                                                                       15                        subparagraph (B), the Secretary shall submit a
                                                                       16                        report to Congress indicating whether the Sec-
                                                                       17                        retary has decided to appoint the individual to
                                                                       18                        the Board and the reasons for such decision.
                                                                       19                                  (D) DEFINITION                     OF ELIGIBLE WORKER

                                                                       20                        ORGANIZATION.—In                       this paragraph, the term
                                                                       21                        ‘‘eligible worker organization’’ means an organi-
                                                                       22                        zation that—
                                                                       23                                         (i) is not a hiring entity or employ-




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                                                                       24                                  ment agency;




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                                                                         1                                        (ii) represents members of the organi-
                                                                         2                                 zation, including domestic workers;
                                                                         3                                        (iii)(I) is described in paragraph (3),
                                                                         4                                 (4), or (5) of section 501(c) of the Internal
                                                                         5                                 Revenue Code of 1986, and exempt from
                                                                         6                                 taxation under section 501(a) of such
                                                                         7                                 Code; and
                                                                         8                                        (II) is organized and operated for the
                                                                         9                                 betterment of workers, including domestic
                                                                       10                                  workers;
                                                                       11                                         (iv) engages in public advocacy to pro-
                                                                       12                                  mote the health and well-being of domestic
                                                                       13                                  workers;
                                                                       14                                         (v) has a governing structure that
                                                                       15                                  promotes the decision-making power of do-
                                                                       16                                  mestic workers; and
                                                                       17                                         (vi) submits an application to the Sec-
                                                                       18                                  retary at such time, in such manner, and
                                                                       19                                  containing such information as the Sec-
                                                                       20                                  retary may reasonably require.
                                                                       21                        (3) DOMESTIC WORK HIRING ENTITY SEATS.—
                                                                       22                                  (A) IN GENERAL.—The Secretary shall ap-
                                                                       23                        point members of the Board representing do-




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                                                                       24                        mestic work hiring entities from among individ-




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                                                                         1                       uals nominated by eligible hiring organizations
                                                                         2                       under subparagraph (B).
                                                                         3                                 (B) SELECTION OF ELIGIBLE HIRING OR-
                                                                         4                       GANIZATIONS.—The                       Secretary shall enter into
                                                                         5                       agreements on a competitive basis with eligible
                                                                         6                       hiring organizations for such organizations to
                                                                         7                       nominate individuals to serve as members of the
                                                                         8                       Board representing domestic work hiring enti-
                                                                         9                       ties.
                                                                       10                                  (C) SELECTING                      INDIVIDUALS                 ON   THE

                                                                       11                        BOARD.—

                                                                       12                                         (i) IN GENERAL.—For each individual
                                                                       13                                  nominated under subparagraph (B), the
                                                                       14                                  Secretary shall submit a report to Con-
                                                                       15                                  gress indicating whether the Secretary has
                                                                       16                                  decided to appoint the individual to the
                                                                       17                                  Board and the reasons for such decision.
                                                                       18                                         (ii) REQUIREMENTS                           FOR         APPOINT-

                                                                       19                                  MENTS.—The                    Secretary                shall     ensure
                                                                       20                                  that—
                                                                       21                                                  (I) not less than 2 seats under
                                                                       22                                         this paragraph are filled by an indi-
                                                                       23                                         vidual who contracts with, or hires, 1




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                                                                       24                                         domestic worker to work in the resi-
                                                                       25                                         dence of the individual;


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                                                                         1                                                 (II) not less than 1 seat under
                                                                         2                                        this paragraph is filled by a nomina-
                                                                         3                                        tion from an eligible hiring organiza-
                                                                         4                                        tion that is dedicated to the well-being
                                                                         5                                        of domestic workers;
                                                                         6                                                 (III) not less than 1 seat under
                                                                         7                                        this paragraph is filled by an indi-
                                                                         8                                        vidual who relies on a personal care
                                                                         9                                        aide or assistant financed through a
                                                                       10                                         State Medicaid program under title
                                                                       11                                         XIX of the Social Security Act (42
                                                                       12                                         U.S.C. 1396 et seq.);
                                                                       13                                                  (IV) not less than 1 seat under
                                                                       14                                         this paragraph is filled by an indi-
                                                                       15                                         vidual who—
                                                                       16                                                            (aa) is an adult family mem-
                                                                       17                                                  ber of a Medicaid HCBS-eligible
                                                                       18                                                  elderly individual or an individual
                                                                       19                                                  with a disability;
                                                                       20                                                            (bb) is an informal provider
                                                                       21                                                  of in-home care to such Medicaid
                                                                       22                                                  HCBS-eligible elderly individual
                                                                       23                                                  or individual with a disability;




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                                                                       24                                                  and




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                                                                         1                                                           (cc) contracts with, or hires,
                                                                         2                                                 1 or more domestic workers to
                                                                         3                                                 provide additional care for the
                                                                         4                                                 Medicaid HCBS-eligible elderly
                                                                         5                                                 individual or individual with a
                                                                         6                                                 disability;
                                                                         7                                                 (V) a single domestic work hiring
                                                                         8                                        entity does not fill more than 1 seat
                                                                         9                                        under this paragraph; and
                                                                       10                                                  (VI) any domestic work hiring
                                                                       11                                         entity serving on the Board satisfies
                                                                       12                                         the requirements under clause (iii).
                                                                       13                                         (iii) DISCLOSURE OF LABOR VIOLA-
                                                                       14                                  TIONS.—

                                                                       15                                                  (I) IN GENERAL.—The Secretary
                                                                       16                                         shall require that each domestic work
                                                                       17                                         hiring entity that serves on the Board
                                                                       18                                         disclose to the Secretary, with respect
                                                                       19                                         to the preceding 5-year period—
                                                                       20                                                            (aa) any administrative mer-
                                                                       21                                                  its determination, arbitral award
                                                                       22                                                  or decision, or civil judgment,
                                                                       23                                                  rendered against the entity for a




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                                                                       24                                                  violation of the labor laws listed
                                                                       25                                                  in subclause (II); and


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                                                                         1                                                           (bb) any steps taken by the
                                                                         2                                                 entity to correct a violation of or
                                                                         3                                                 improve             compliance                 with    the
                                                                         4                                                 labor laws listed in subclause
                                                                         5                                                 (II), including any agreement en-
                                                                         6                                                 tered into with an enforcement
                                                                         7                                                 agency.
                                                                         8                                                 (II) LABOR                  LAWS.—The                 labor
                                                                         9                                        laws described in this subclause are
                                                                       10                                         each of the following:
                                                                       11                                                            (aa) The Fair Labor Stand-
                                                                       12                                                  ards Act of 1938 (29 U.S.C. 201
                                                                       13                                                  et seq.).
                                                                       14                                                            (bb) Title VII of the Civil
                                                                       15                                                  Rights Act of 1964 (42 U.S.C.
                                                                       16                                                  2000e et seq.).
                                                                       17                                                            (cc) The Occupational Safe-
                                                                       18                                                  ty and Health Act of 1970 (29
                                                                       19                                                  U.S.C. 651 et seq.).
                                                                       20                                                  (III) RESPONSIBLE                          SOURCE.—

                                                                       21                                         The Secretary shall consider informa-
                                                                       22                                         tion disclosed by a domestic work hir-
                                                                       23                                         ing entity under this clause to deter-




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                                                                       24                                         mine whether the entity has a satis-
                                                                       25                                         factory record of integrity and busi-


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                                                                         1                                        ness ethics for purposes of deter-
                                                                         2                                        mining whether the entity shall serve
                                                                         3                                        on the Board.
                                                                         4                                 (D) DEFINITION OF ELIGIBLE HIRING OR-
                                                                         5                       GANIZATION.—In this paragraph, the term ‘‘eli-

                                                                         6                       gible hiring organization’’ means an organiza-
                                                                         7                       tion that—
                                                                         8                                        (i)(I) is an agency employing 2 or
                                                                         9                                 more domestic workers; or
                                                                       10                                         (II) is an association of 2 or more in-
                                                                       11                                  dividuals who hire or contract with domes-
                                                                       12                                  tic workers; and
                                                                       13                                         (ii) submits an application to the Sec-
                                                                       14                                  retary at such time, in such manner, and
                                                                       15                                  containing such information as the Sec-
                                                                       16                                  retary may reasonably require.
                                                                       17                        (4) CHAIRPERSON.—The Board shall select a
                                                                       18               Chairperson from among the members of the Board.
                                                                       19                        (5) EXECUTIVE COMMITTEE.—The Chairperson
                                                                       20               shall assign an executive committee of 3 members of
                                                                       21               the Board, including not less than 1 representative
                                                                       22               appointed under paragraph (2) and 1 representative
                                                                       23               appointed under paragraph (3). Such executive com-




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                                                                       24               mittee shall establish an agenda and a work plan for
                                                                       25               the Board.


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                                                                         1              (c) TERMS.—
                                                                         2                       (1) IN GENERAL.—Except as provided in para-
                                                                         3              graph (2), each member of the Board shall serve a
                                                                         4              term of 2 years.
                                                                         5                       (2) INITIAL               MEMBERS.—The                      Secretary shall
                                                                         6              stagger the terms of the Board members such
                                                                         7              that—
                                                                         8                                 (A) 6 of the initial members appointed to
                                                                         9                       the Board serve a term of 4 years, including 3
                                                                       10                        of        the     members               described                in      subsection
                                                                       11                        (b)(1)(A) and 3 of the members described in
                                                                       12                        subsection (b)(1)(B); and
                                                                       13                                  (B) 5 of the initial members appointed to
                                                                       14                        the Board serve a term of 2 years, including 2
                                                                       15                        of        the     members               described                in      subsection
                                                                       16                        (b)(1)(A), 2 of the members described in sub-
                                                                       17                        section (b)(1)(B), and the member described in
                                                                       18                        subsection (b)(1)(C).
                                                                       19                        (3) VACANCIES.—
                                                                       20                                  (A) IN           GENERAL.—A                    vacancy on the
                                                                       21                        Board—
                                                                       22                                         (i) shall not affect the powers of the
                                                                       23                                  Board; and




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                                                                       24                                         (ii) shall be filled in the same manner
                                                                       25                                  as the original appointment was made and


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                                                                         1                                 shall be subject to any conditions that ap-
                                                                         2                                 plied with respect to the original appoint-
                                                                         3                                 ment.
                                                                         4                                 (B) FILLING UNEXPIRED TERMS.—An in-
                                                                         5                       dividual chosen to fill a vacancy shall be ap-
                                                                         6                       pointed for the unexpired term of the member
                                                                         7                       replaced.
                                                                         8                                 (C) PRESUMPTION.—If a member of the
                                                                         9                       Board is unable to fill the duties of the member
                                                                       10                        in serving on the Board, or leaves the domestic
                                                                       11                        service industry, for a period that exceeds 90
                                                                       12                        days while serving on the Board, the seat of the
                                                                       13                        member shall be considered a vacancy for pur-
                                                                       14                        poses of this paragraph.
                                                                       15               (d) MEETINGS.—
                                                                       16                        (1) IN GENERAL.—The Board shall meet at the
                                                                       17               call of the Chairperson.
                                                                       18                        (2) PUBLIC NOTICE.—The call of the Chair-
                                                                       19               person under paragraph (1) shall include notice to
                                                                       20               the public of the meeting.
                                                                       21                        (3) INITIAL MEETING.—Not later than 90 days
                                                                       22               after the date on which all members of the Board
                                                                       23               have been appointed, the Board shall hold the initial




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                                                                       24               meeting of the Board.
                                                                       25               (e) STANDARDS.—


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                                                                         1                       (1) PROCESS                      FOR     RECOMMENDING                    STAND-

                                                                         2              ARDS.—

                                                                         3                                 (A) IN GENERAL.—Not later than 1 year
                                                                         4                       after the date of enactment of this Act, and
                                                                         5                       every 3 years thereafter, the Board shall issue
                                                                         6                       recommendations to the Secretary for standards
                                                                         7                       that affect the well-being of domestic workers,
                                                                         8                       including recommendations for—
                                                                         9                                        (i) workplace standards for domestic
                                                                       10                                  workers, including standards for—
                                                                       11                                                  (I)        occupational                 safety    and
                                                                       12                                         health, that include the immediate
                                                                       13                                         protection of domestic workers and
                                                                       14                                         domestic work hiring entities from in-
                                                                       15                                         fectious diseases such as COVID–19;
                                                                       16                                                  (II) wages;
                                                                       17                                                  (III) hours;
                                                                       18                                                  (IV) benefits; and
                                                                       19                                                  (V) other matters that impact
                                                                       20                                         working conditions; and
                                                                       21                                         (ii) implementing and enforcing the
                                                                       22                                  rights of domestic workers granted under
                                                                       23                                  this Act and other Federal laws, including




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                                                                       24                                  rights for minimum wage, health, safety,
                                                                       25                                  and other workplace standards.


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                                                                         1                                 (B) VOTING.—Any decision of the Board
                                                                         2                       regarding a recommendation issued under sub-
                                                                         3                       paragraph (A) shall be decided through a vote
                                                                         4                       of the Board. In any such vote:
                                                                         5                                        (i) Each voting member of the Board
                                                                         6                                 shall have 1 vote.
                                                                         7                                        (ii) A quorum of the members of the
                                                                         8                                 Board shall be required to be in attend-
                                                                         9                                 ance at the vote. A quorum shall not be
                                                                       10                                  formed if there are in attendance fewer
                                                                       11                                  than—
                                                                       12                                                  (I) 2 members of the Board de-
                                                                       13                                         scribed in subsection (b)(1)(A); or
                                                                       14                                                  (II) 2 members of the Board de-
                                                                       15                                         scribed in subsection (b)(1)(B).
                                                                       16                                         (iii) The vote shall be agreed to upon
                                                                       17                                  the affirmative vote of not less than a ma-
                                                                       18                                  jority of the members of the Board present
                                                                       19                                  and voting.
                                                                       20                        (2) RULEMAKING.—
                                                                       21                                  (A) AUTHORITY.—Subject to requirements
                                                                       22                        under other law and paragraph (3), the Sec-
                                                                       23                        retary may issue a rule, in accordance with sec-




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                                                                       24                        tion 553 of title 5, United States Code, regard-




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                                                                                                                             109
                                                                         1                       ing any standard recommended by the Board
                                                                         2                       under paragraph (1).
                                                                         3                                 (B) DECISION.—
                                                                         4                                         (i) IN GENERAL.—Not later than 90
                                                                         5                                 days after receiving a recommendation
                                                                         6                                 from the Board under paragraph (1), the
                                                                         7                                 Secretary shall issue a decision on—
                                                                         8                                                 (I) whether the Secretary will
                                                                         9                                         issue a rule under subparagraph (A)
                                                                       10                                          regarding such recommendation; and
                                                                       11                                                  (II) if the Secretary issues such a
                                                                       12                                          rule, whether the Secretary will devi-
                                                                       13                                          ate        from            such          recommendation
                                                                       14                                          through such rule.
                                                                       15                                          (ii) EXPLANATORY                        STATEMENT.—If

                                                                       16                                  the Secretary decides not to issue a rule
                                                                       17                                  under subparagraph (A) regarding a rec-
                                                                       18                                  ommendation under paragraph (1) or de-
                                                                       19                                  cides to deviate from such recommendation
                                                                       20                                  in such a rule, the Secretary shall have 90
                                                                       21                                  days after receiving such recommendation
                                                                       22                                  to issue a statement explaining the deci-
                                                                       23                                  sion.




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                                                                       24                                  (C) WORKPLACE STANDARDS.—No stand-
                                                                       25                        ard included in a rule issued under subpara-


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                                                                                                                             110
                                                                         1                       graph (A) may be for a workplace standard
                                                                         2                       that is less protective of domestic workers than
                                                                         3                       any law in effect on the date of enactment of
                                                                         4                       this Act for domestic workers under any State
                                                                         5                       or local law.
                                                                         6                       (3) RECOMMENDATIONS TO CONGRESS.—
                                                                         7                                 (A) IN GENERAL.—For any recommenda-
                                                                         8                       tion made by the Board under paragraph (1)
                                                                         9                       that the Secretary determines is not within the
                                                                       10                        authority of the Secretary, the Secretary shall
                                                                       11                        make a recommendation to Congress to take ac-
                                                                       12                        tion on the recommendation.
                                                                       13                                  (B) HEARING AND INVESTIGATIONS.—Not
                                                                       14                        later than 1 year after such a recommendation
                                                                       15                        is made by the Secretary to Congress under
                                                                       16                        subparagraph (A), Congress shall conduct a
                                                                       17                        hearing on and investigate the recommendation.
                                                                       18                                  (C) RULEMAKING.—This paragraph is en-
                                                                       19                        acted by Congress—
                                                                       20                                         (i) as an exercise of the rulemaking
                                                                       21                                  power of the Senate and House of Rep-
                                                                       22                                  resentatives, respectively, and as such it is
                                                                       23                                  deemed a part of the rules of each House,




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                                                                       24                                  respectively, but applicable only with re-
                                                                       25                                  spect to the procedure to be followed in


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                                                                         1                                 that House in the case of a joint resolu-
                                                                         2                                 tion, and it supersedes other rules only to
                                                                         3                                 the extent that it is inconsistent with such
                                                                         4                                 rules; and
                                                                         5                                        (ii) with full recognition of the con-
                                                                         6                                 stitutional right of either House to change
                                                                         7                                 the rules (so far as relating to the proce-
                                                                         8                                 dure of that House) at any time, in the
                                                                         9                                 same manner, and to the same extent as in
                                                                       10                                  the case of any other rule of that House.
                                                                       11               (f) POWERS.—
                                                                       12                        (1) HEARINGS.—
                                                                       13                                  (A) IN GENERAL.—The Board may hold
                                                                       14                        such hearings, meet and act at such times and
                                                                       15                        places, take such testimony, and receive such
                                                                       16                        evidence as the Board considers advisable to
                                                                       17                        carry out this section.
                                                                       18                                  (B) REQUIRED                   PUBLIC HEARINGS.—The

                                                                       19                        Board shall, prior to issuing any recommenda-
                                                                       20                        tion under this section, hold public hearings to
                                                                       21                        enable domestic workers across the United
                                                                       22                        States to have access to the Board. Any such
                                                                       23                        public hearing shall—




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                                                                         1                                        (i) be held at such a time, in such a
                                                                         2                                 location, and in such a facility that ensures
                                                                         3                                 accessibility for domestic workers;
                                                                         4                                        (ii) include interpretation services in
                                                                         5                                 the languages most commonly spoken by
                                                                         6                                 domestic workers in the geographic region
                                                                         7                                 of the hearing;
                                                                         8                                        (iii) be held in each of the regions
                                                                         9                                 served by the regional offices of the Wage
                                                                       10                                  and Hour Division of the Department of
                                                                       11                                  Labor; and
                                                                       12                                         (iv) include worker organizations in
                                                                       13                                  helping to populate the hearings.
                                                                       14                        (2) INFORMATION FROM FEDERAL AGENCIES.—
                                                                       15                                  (A) IN GENERAL.—The Board may secure
                                                                       16                        directly from a Federal agency such informa-
                                                                       17                        tion as the Board considers necessary to carry
                                                                       18                        out this section.
                                                                       19                                  (B) PROVISION OF INFORMATION.—On re-
                                                                       20                        quest of the Chairperson of the Board, the head
                                                                       21                        of the agency shall provide the information to
                                                                       22                        the Board.
                                                                       23                        (3) POSTAL SERVICES.—The Board may use




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                                                                       24               the United States mails in the same manner and




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                                                                         1              under the same conditions as other agencies of the
                                                                         2              Federal Government.
                                                                         3                       (4) GIFTS.—The Board may accept, use, and
                                                                         4              dispose of gifts or donations of services or property.
                                                                         5              (g) BOARD PERSONNEL MATTERS.—
                                                                         6                       (1) COMPENSATION OF MEMBERS.—
                                                                         7                                 (A) NON-FEDERAL EMPLOYEES.—A mem-
                                                                         8                       ber of the Board who is not an officer or em-
                                                                         9                       ployee of the Federal Government shall be com-
                                                                       10                        pensated at a rate equal to the daily equivalent
                                                                       11                        of the annual rate of basic pay prescribed for
                                                                       12                        level IV of the Executive Schedule under section
                                                                       13                        5315 of title 5, United States Code, for each
                                                                       14                        day (including travel time) during which the
                                                                       15                        member is engaged in the performance of the
                                                                       16                        duties of the Board.
                                                                       17                                  (B) FEDERAL EMPLOYEES.—A member of
                                                                       18                        the Board who is an officer or employee of the
                                                                       19                        Federal Government shall serve without com-
                                                                       20                        pensation in addition to the compensation re-
                                                                       21                        ceived for the services of the member as an offi-
                                                                       22                        cer or employee of the Federal Government.
                                                                       23                        (2) TRAVEL                 EXPENSES.—A                     member of the




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                                                                       24               Board shall be allowed travel expenses, including per
                                                                       25               diem in lieu of subsistence, at rates authorized for


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                                                                         1              an employee of an agency under subchapter I of
                                                                         2              chapter 57 of title 5, United States Code, while
                                                                         3              away from the home or regular place of business of
                                                                         4              the member in the performance of the duties of the
                                                                         5              Board.
                                                                         6                       (3) STAFF.—
                                                                         7                                 (A) IN GENERAL.—The Chairperson of the
                                                                         8                       Board may, without regard to the civil service
                                                                         9                       laws (including regulations), appoint and termi-
                                                                       10                        nate an executive director and such other addi-
                                                                       11                        tional personnel as are necessary to enable the
                                                                       12                        Board to perform the duties of the Board.
                                                                       13                                  (B) REQUIRED                       STAFF         MEMBERS.—The

                                                                       14                        Secretary shall, in accordance with subpara-
                                                                       15                        graph (A), designate no fewer than 2 full-time
                                                                       16                        staff members to support the operation of the
                                                                       17                        Board through logistical, administrative, and
                                                                       18                        legislative activities.
                                                                       19                                  (C) CONFIRMATION OF EXECUTIVE DIREC-
                                                                       20                        TOR.—The employment of an executive director

                                                                       21                        shall be subject to confirmation by the Board.
                                                                       22                                  (D) COMPENSATION.—
                                                                       23                                         (i) IN GENERAL.—Except as provided




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                                                                       24                                  in clause (ii), the Chairperson of the Board
                                                                       25                                  may fix the compensation of the executive


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                                                                         1                                 director and other personnel without re-
                                                                         2                                 gard to the provisions of chapter 51 and
                                                                         3                                 subchapter III of chapter 53 of title 5,
                                                                         4                                 United States Code, relating to classifica-
                                                                         5                                 tion of positions and General Schedule pay
                                                                         6                                 rates.
                                                                         7                                        (ii) MAXIMUM                    RATE OF PAY.—The

                                                                         8                                 rate of pay for the executive director and
                                                                         9                                 other personnel shall not exceed the rate
                                                                       10                                  payable for level V of the Executive Sched-
                                                                       11                                  ule under section 5316 of title 5, United
                                                                       12                                  States Code.
                                                                       13                        (4) DETAIL OF FEDERAL GOVERNMENT EM-
                                                                       14               PLOYEES.—

                                                                       15                                  (A) IN         GENERAL.—An                     employee of the
                                                                       16                        Federal Government may be detailed to the
                                                                       17                        Board without reimbursement.
                                                                       18                                  (B) CIVIL SERVICE STATUS.—The detail of
                                                                       19                        the employee shall be without interruption or
                                                                       20                        loss of civil service status or privilege.
                                                                       21                        (5) PROCUREMENT OF TEMPORARY AND INTER-
                                                                       22               MITTENT SERVICES.—The Chairperson of the Board

                                                                       23               may procure temporary and intermittent services in




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                                                                       24               accordance with section 3109(b) of title 5, United
                                                                       25               States Code, at rates for individuals that do not ex-


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                                                                         1              ceed the daily equivalent of the annual rate of basic
                                                                         2              pay prescribed for level V of the Executive Schedule
                                                                         3              under section 5316 of that title.
                                                                         4              (h) RULE OF CONSTRUCTION FOR REPORTING RE-
                                                                         5     QUIREMENTS.—

                                                                         6                       (1) IN GENERAL.—Neither the nomination by
                                                                         7              an eligible worker organization of 1 or more individ-
                                                                         8              uals to serve as members of the Board, nor service
                                                                         9              on the Board by a representative of an eligible work-
                                                                       10               er organization, shall—
                                                                       11                                  (A) make the eligible worker organization
                                                                       12                        subject to the reporting requirements for labor
                                                                       13                        organizations under title II of the Labor-Man-
                                                                       14                        agement Reporting and Disclosure Act of 1959
                                                                       15                        (29 U.S.C. 431 et seq.); or
                                                                       16                                  (B) be considered as a factor in any deter-
                                                                       17                        mination of whether the eligible worker organi-
                                                                       18                        zation is subject to such reporting require-
                                                                       19                        ments.
                                                                       20                        (2) LMRDA REQUIREMENTS.—The status of
                                                                       21               an organization as an eligible worker organization
                                                                       22               shall not, by itself, make the organization subject to
                                                                       23               any reporting requirements under the Labor-Man-




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                                                                       24               agement Reporting and Disclosure Act of 1959 (29
                                                                       25               U.S.C. 401 et seq.).


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                                                                         1                       (3) DEFINITION OF ELIGIBLE WORKER ORGANI-
                                                                         2              ZATION.—For purposes of this subsection, the term

                                                                         3              ‘‘eligible worker organization’’ has the meaning
                                                                         4              given such term in subsection (b)(2)(D).
                                                                         5              (i) PROHIBITED ACTS.—No domestic work hiring en-
                                                                         6 tity may take any action prohibited under paragraph (7)
                                                                         7 of section 117(b) with respect to a domestic worker par-
                                                                         8 ticipating as a member of, or taking an action described
                                                                         9 in paragraph (8) of such section with respect to, the
                                                                       10 Board.
                                                                       11               (j) RULE OF CONSTRUCTION FOR STATE AND LOCAL
                                                                       12 STANDARDS.—Nothing in this section shall preempt a
                                                                       13 State or local law with greater protections for domestic
                                                                       14 workers than the protections for such workers included in
                                                                       15 a standard issued through a rule under subsection (e)(2).
                                                                       16               (k) EFFECT ON EXISTING DOMESTIC WORKER BEN-
                                                                       17      EFITS.—

                                                                       18                        (1) MORE PROTECTIVE.—Nothing in this sec-
                                                                       19               tion shall be construed to diminish the obligation of
                                                                       20               a domestic work hiring entity to comply with any
                                                                       21               contract, collective bargaining agreement, or any do-
                                                                       22               mestic worker benefit program or plan that provides
                                                                       23               greater rights or benefits to domestic workers than




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                                                                       24               the rights established under this Act.




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                                                                         1                       (2) LESS PROTECTIVE.—The rights established
                                                                         2              for domestic workers under this section shall not be
                                                                         3              diminished by any contract, collective bargaining
                                                                         4              agreement, or any benefit program or plan.
                                                                         5     SEC. 202. DOMESTIC WORKERS’ BENEFITS STUDY.

                                                                         6              (a) STUDY.—
                                                                         7                       (1) IN GENERAL.—The Secretary shall conduct
                                                                         8              a study, which may be through a contract with an-
                                                                         9              other entity, for the purpose of providing informa-
                                                                       10               tion to labor organizations, domestic work hiring en-
                                                                       11               tities, and the general public concerning how to in-
                                                                       12               crease the number of domestic workers who have ac-
                                                                       13               cess to a secure retirement, affordable health care,
                                                                       14               unemployment insurance, life insurance, and other
                                                                       15               common benefits provided to employees of large pri-
                                                                       16               vate and public sector employers.
                                                                       17                        (2) MATTERS.—The study conducted under
                                                                       18               paragraph (1) shall include—
                                                                       19                                  (A) a review of—
                                                                       20                                         (i) the levels of access to and usage of
                                                                       21                                  benefits for domestic workers, including re-
                                                                       22                                  tirement savings, health insurance, and re-
                                                                       23                                  duced health care costs, paid sick time, un-




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                                                                       24                                  employment insurance, disability and life




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                                                                         1                                 insurance, and paid family and medical
                                                                         2                                 leave;
                                                                         3                                        (ii) barriers for domestic workers to—
                                                                         4                                                 (I) participate in the old-age,
                                                                         5                                        survivors, and disability insurance
                                                                         6                                        program established under title II of
                                                                         7                                        the Social Security Act (42 U.S.C.
                                                                         8                                        401 et seq.);
                                                                         9                                                 (II) obtain disability insurance;
                                                                       10                                                  (III) access and use benefits, in-
                                                                       11                                         cluding the old-age, survivors, and
                                                                       12                                         disability insurance program estab-
                                                                       13                                         lished under title II of the Social Se-
                                                                       14                                         curity Act (42 U.S.C. 401 et seq.),
                                                                       15                                         the       Medicare              program             established
                                                                       16                                         under title XVIII of the Social Secu-
                                                                       17                                         rity Act (42 U.S.C. 1395 et seq.), the
                                                                       18                                         Medicaid program established under
                                                                       19                                         title XIX of that Act (42 U.S.C. 1396
                                                                       20                                         et seq.), unemployment insurance, any
                                                                       21                                         benefits provided under the Patient
                                                                       22                                         Protection and Affordable Care Act
                                                                       23                                         (Public Law 111–148), including the




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                                                                       24                                         amendments made by that Act, paid
                                                                       25                                         family and medical leave, paid sick


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                                                                         1                                        time, and any additional benefits iden-
                                                                         2                                        tified by the Secretary, including such
                                                                         3                                        benefits that are portable from job to
                                                                         4                                        job;
                                                                         5                                                 (IV) otherwise access affordable
                                                                         6                                        health insurance; and
                                                                         7                                                 (V) access any other benefits de-
                                                                         8                                        scribed in clause (i);
                                                                         9                                        (iii) the portability of work-related
                                                                       10                                  benefits for domestic workers and the laws,
                                                                       11                                  including regulations, preventing innova-
                                                                       12                                  tion and improvement in the portability of
                                                                       13                                  such benefits; and
                                                                       14                                         (iv) whether domestic workers bene-
                                                                       15                                  fitted from the emergency family and med-
                                                                       16                                  ical leave and emergency paid sick leave
                                                                       17                                  provisions             under          the        Families      First
                                                                       18                                  Coronavirus Response Act (Public Law
                                                                       19                                  116–127), including the amendments made
                                                                       20                                  by that Act, and lessons learned from the
                                                                       21                                  implementation of these provisions;
                                                                       22                                  (B) an identification and analysis of State
                                                                       23                        and nongovernmental innovations that can serve




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                                                                       24                        as potential replicable models on the national
                                                                       25                        level to increase access to work-related benefits


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                                                                         1                       for domestic workers, through portability, out-
                                                                         2                       reach, enrollment, and other strategies;
                                                                         3                                 (C) a comparison of the ability of domestic
                                                                         4                       workers to access, be eligible for, and partici-
                                                                         5                       pate in public and private sector work-related
                                                                         6                       benefits compared to such ability of other work-
                                                                         7                       ers;
                                                                         8                                 (D) a study on the coverage of domestic
                                                                         9                       workers under State workers’ compensation
                                                                       10                        laws, including in all 50 States, the District of
                                                                       11                        Columbia, and territories of the United States;
                                                                       12                        and
                                                                       13                                  (E) recommendations for innovations and
                                                                       14                        reforms that would—
                                                                       15                                         (i) ensure domestic workers could—
                                                                       16                                                  (I) access and use benefits, in-
                                                                       17                                         cluding the old-age, survivors, and
                                                                       18                                         disability insurance program estab-
                                                                       19                                         lished under title II of the Social Se-
                                                                       20                                         curity Act (42 U.S.C. 401 et seq.),
                                                                       21                                         the       Medicare              program             established
                                                                       22                                         under title XVIII of the Social Secu-
                                                                       23                                         rity Act (42 U.S.C. 1395 et seq.), the




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                                                                       24                                         Medicaid program established under
                                                                       25                                         title XIX of that Act (42 U.S.C. 1396


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                                                                         1                                        et seq.), unemployment insurance, any
                                                                         2                                        benefits provided under the Patient
                                                                         3                                        Protection and Affordable Care Act
                                                                         4                                        (Public Law 111–148), including the
                                                                         5                                        amendments made by that Act, paid
                                                                         6                                        family and medical leave, paid sick
                                                                         7                                        time, and any additional benefits iden-
                                                                         8                                        tified by the Secretary, including such
                                                                         9                                        benefits that are portable from job to
                                                                       10                                         job; and
                                                                       11                                                  (II) have contributions for the
                                                                       12                                         benefits described in subclause (I)
                                                                       13                                         from multiple hiring entities as appli-
                                                                       14                                         cable;
                                                                       15                                         (ii) provide adequate levels of such
                                                                       16                                  benefits for domestic workers; and
                                                                       17                                         (iii) enable a domestic worker to have
                                                                       18                                  access to such benefits through multiple
                                                                       19                                  jobs the worker may have.
                                                                       20               (b) REPORT.—Not later than 15 months after the
                                                                       21 date of enactment of this Act, the Secretary shall submit
                                                                       22 to the President and Congress a report on the study con-
                                                                       23 ducted under subsection (a) that includes each of the fol-




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                                                                       24 lowing:




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                                                                         1                       (1) The findings and conclusions of the study,
                                                                         2              including its findings and conclusions with respect to
                                                                         3              the matters described in subsection (a)(2).
                                                                         4                       (2) Considerations for laws, including regula-
                                                                         5              tions, that should be reviewed to address barriers
                                                                         6              impacting domestic workers.
                                                                         7                       (3) Other information and recommendations
                                                                         8              with respect to benefits for domestic workers as the
                                                                         9              Secretary considers appropriate.
                                                                       10      SEC. 203. WORKFORCE INVESTMENT ACTIVITIES GRANTS

                                                                       11                              FOR DOMESTIC WORKERS.

                                                                       12               (a) DEFINITIONS.—In this section:
                                                                       13                        (1) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       14               the Secretary of Labor, in consultation with the Sec-
                                                                       15               retary of Education and the Secretary of Health and
                                                                       16               Human Services.
                                                                       17                        (2) SUPPORTIVE                     SERVICES; TRAINING SERV-

                                                                       18               ICES; WORKFORCE INVESTMENT ACTIVITIES.—The

                                                                       19               terms ‘‘supportive services’’, ‘‘training services’’, and
                                                                       20               ‘‘workforce investment activities’’ have the meanings
                                                                       21               given the terms in section 3 of the Workforce Inno-
                                                                       22               vation and Opportunity Act (29 U.S.C. 3102).
                                                                       23               (b) NATIONAL GRANT PROGRAM                                          FOR           DOMESTIC




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                                                                       24 WORKERS.—Every 3 years, the Secretary shall, on a com-
                                                                       25 petitive basis, make grants to, or enter into contracts with,


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                                                                         1 eligible entities to carry out the activities described in sub-
                                                                         2 section (d). The Secretary shall make the grants, or enter
                                                                         3 into the contracts, for periods of 4 years.
                                                                         4              (c) ELIGIBILITY.—
                                                                         5                       (1) ELIGIBLE ENTITIES.—
                                                                         6                                 (A) IN          GENERAL.—Subject                         to subpara-
                                                                         7                       graph (B), to be eligible to receive a grant or
                                                                         8                       enter into a contract under this section, an enti-
                                                                         9                       ty shall be—
                                                                       10                                         (i)(I) a nonprofit organization that is
                                                                       11                                  described in paragraph (3), (5), or (6) of
                                                                       12                                  section 501(c) of the Internal Revenue
                                                                       13                                  Code of 1986, and exempt from taxation
                                                                       14                                  under section 501(a) of such Code;
                                                                       15                                         (II) an organization with a board of
                                                                       16                                  directors, at least one-half of the members
                                                                       17                                  of which is comprised of—
                                                                       18                                                  (aa) domestic workers; or
                                                                       19                                                  (bb) representatives of an organi-
                                                                       20                                         zation of such workers, which organi-
                                                                       21                                         zation is independent from all busi-
                                                                       22                                         nesses, organizations, corporations, or
                                                                       23                                         individuals that would pursue any fi-




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                                                                       24                                         nancial interest in conflict with that
                                                                       25                                         of the workers;


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                                                                         1                                        (III) an organization that is inde-
                                                                         2                                 pendent as described in subclause (II)(bb);
                                                                         3                                 and
                                                                         4                                        (IV) an organization that has exper-
                                                                         5                                 tise in domestic work and the workforce of
                                                                         6                                 domestic workers;
                                                                         7                                        (ii) an eligible provider of training
                                                                         8                                 services listed pursuant to section 122(d)
                                                                         9                                 of the Workforce Innovation and Oppor-
                                                                       10                                  tunity Act (29 U.S.C. 3152(d)); or
                                                                       11                                         (iii) an entity that carries out a pro-
                                                                       12                                  gram registered under the Act of August
                                                                       13                                  16, 1937 (commonly known as the ‘‘Na-
                                                                       14                                  tional Apprenticeship Act’’; 50 Stat. 664,
                                                                       15                                  chapter 663; 29 U.S.C. 50 et seq.).
                                                                       16                                  (B) ELIGIBLE ENTITY THAT TRAINS PER-
                                                                       17                        SONAL CARE AIDES OR ASSISTANTS.—In                                       the
                                                                       18                        case of an entity that plans to use a grant or
                                                                       19                        cooperative agreement under this section to
                                                                       20                        train personal care aides or assistants, such en-
                                                                       21                        tity shall, to be eligible for such grant or con-
                                                                       22                        tract, partner with individuals with disabilities
                                                                       23                        or organizations that represent individuals with




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                                                                       24                        disabilities.
                                                                       25                        (2) PROGRAM PLAN.—


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                                                                         1                                 (A) IN GENERAL.—To be eligible to receive
                                                                         2                       a grant or enter into a contract under this sec-
                                                                         3                       tion, an entity described in paragraph (1) shall
                                                                         4                       submit to the Secretary of Labor a plan that
                                                                         5                       describes a 4-year strategy for meeting the
                                                                         6                       needs of domestic workers in the area to be
                                                                         7                       served by such entity.
                                                                         8                                 (B) CONTENTS.—Such plan shall—
                                                                         9                                        (i) describe the domestic worker popu-
                                                                       10                                  lation to be served and identify the needs
                                                                       11                                  of the population to be served for work-
                                                                       12                                  force investment activities and related as-
                                                                       13                                  sistance, which may include employment
                                                                       14                                  and supportive services;
                                                                       15                                         (ii) identify the manner in which ca-
                                                                       16                                  reer pathways to be provided will strength-
                                                                       17                                  en the ability of the domestic workers to be
                                                                       18                                  served to obtain or retain employment and
                                                                       19                                  to improve wages or working conditions,
                                                                       20                                  including improved employment standards
                                                                       21                                  and opportunities in the field of domestic
                                                                       22                                  work;
                                                                       23                                         (iii) specifically address how the fund-




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                                                                       24                                  ing provided through the grant or contract
                                                                       25                                  for services under this section to domestic


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                                                                         1                                 workers will improve wages and skills for
                                                                         2                                 domestic workers in a way that helps meet
                                                                         3                                 the need to recruit workers for and retain
                                                                         4                                 workers in in-demand occupations or ca-
                                                                         5                                 reers; and
                                                                         6                                        (iv) in the case of an entity that plans
                                                                         7                                 to serve domestic workers who are personal
                                                                         8                                 care aides or assistants through the grant
                                                                         9                                 or contract, provide an assurance that the
                                                                       10                                  workforce investment activities and related
                                                                       11                                  assistance carried out under this section
                                                                       12                                  will include relevant training for such do-
                                                                       13                                  mestic workers—
                                                                       14                                                  (I) regarding the rights of recipi-
                                                                       15                                         ents of home and community based
                                                                       16                                         services, including the rights of such
                                                                       17                                         recipients to—
                                                                       18                                                            (aa) receive services in inte-
                                                                       19                                                  grated settings that provide ac-
                                                                       20                                                  cess to the broader community;
                                                                       21                                                            (bb) exercise self-determina-
                                                                       22                                                  tion;
                                                                       23                                                            (cc) be free from all forms




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                                                                       24                                                  of abuse, neglect, or exploitation;
                                                                       25                                                  and


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                                                                         1                                                           (dd) receive person-centered
                                                                         2                                                 planning and practices, including
                                                                         3                                                 through the participation of such
                                                                         4                                                 recipients in planning activities;
                                                                         5                                                 (II) to ensure that each partici-
                                                                         6                                        pant of such training has the nec-
                                                                         7                                        essary skills to recognize abuse and
                                                                         8                                        understand their obligations with re-
                                                                         9                                        gard to reporting and responding to
                                                                       10                                         abuse appropriately in accordance
                                                                       11                                         with relevant Federal and State law;
                                                                       12                                         and
                                                                       13                                                  (III) regarding the provision of
                                                                       14                                         culturally competent and disability-
                                                                       15                                         competent supports to recipients of
                                                                       16                                         services provided by personal care
                                                                       17                                         aides or assistants.
                                                                       18                        (3)        AWARDS                AND         ADMINISTRATION.—The

                                                                       19               grants and contracts under this subsection shall be
                                                                       20               awarded by the Secretary using full and open com-
                                                                       21               petitive procedures and shall be administered by the
                                                                       22               Secretary.
                                                                       23               (d) AUTHORIZED ACTIVITIES.—Funds made avail-




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                                                                       24 able under this section shall be used to carry out workforce




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                                                                         1 investment activities and provide related assistance for do-
                                                                         2 mestic workers, which may include—
                                                                         3                       (1) outreach, employment, training services,
                                                                         4              educational assistance, digital literacy assistance,
                                                                         5              English language and literacy instruction, worker
                                                                         6              safety training, supportive services, school dropout
                                                                         7              prevention and recovery activities, individual career
                                                                         8              services, and career pathways;
                                                                         9                       (2) follow-up services for those individuals
                                                                       10               placed in employment;
                                                                       11                        (3) development or education as needed by eligi-
                                                                       12               ble individuals as identified;
                                                                       13                        (4) customized career and technical education
                                                                       14               in occupations that will lead to higher wages, en-
                                                                       15               hanced benefits, and long-term employment in do-
                                                                       16               mestic work or another area; and
                                                                       17                        (5) the creation or maintenance of employment
                                                                       18               and training-related placement services, including
                                                                       19               digital placement services.
                                                                       20               (e) FUNDING ALLOCATION.—From the funds appro-
                                                                       21 priated and made available to carry out this section, the
                                                                       22 Secretary shall reserve not more than 1 percent for discre-
                                                                       23 tionary purposes related to carrying out this section, such




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                                                                       24 as providing technical assistance to eligible entities.




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                                                                         1              (f) ELIGIBLE PROVIDER PERFORMANCE REPORTS.—
                                                                         2 Each eligible entity shall prepare performance reports to
                                                                         3 report on outcomes achieved by the programs of workforce
                                                                         4 investment activities and related assistance carried out
                                                                         5 under this section. The performance report for an eligible
                                                                         6 entity shall include, with respect to each such program (re-
                                                                         7 ferred to in this subsection as a ‘‘program of study’’) of
                                                                         8 such provider—
                                                                         9                       (1) information specifying the levels of perform-
                                                                       10               ance achieved with respect to the primary indicators
                                                                       11               of performance described in subclauses (I) through
                                                                       12               (V) of section 116(b)(2)(A)(i) of the Workforce In-
                                                                       13               novation             and          Opportunity                 Act          (29    U.S.C.
                                                                       14               3141(b)(2)(A)(i)) with respect to all individuals en-
                                                                       15               gaging in the program of study;
                                                                       16                        (2) the total number of individuals exiting from
                                                                       17               the program of study;
                                                                       18                        (3) the total number of participants who re-
                                                                       19               ceived training services through the program;
                                                                       20                        (4) the total number of participants who exited
                                                                       21               from training services, disaggregated by the type of
                                                                       22               entity that provided the training services, during the
                                                                       23               most recent program year and the 3 preceding pro-




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                                                                       24               gram years;




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                                                                         1                       (5) the average cost per participant for the par-
                                                                         2              ticipants              who            received               training             services,
                                                                         3              disaggregated by the type of entity that provided the
                                                                         4              training services, during the most recent program
                                                                         5              year and the 3 preceding program years; and
                                                                         6                       (6) information on indicators specified by the
                                                                         7              Secretary concerning the impact of the training serv-
                                                                         8              ices on the wages, skills, recruitment, and retention
                                                                         9              of participants.
                                                                       10      SEC. 204. REPORT ON CAREER PATHWAYS, TRAINING

                                                                       11                              STANDARDS,                 AND         APPRENTICESHIPS                 FOR

                                                                       12                              DOMESTIC WORKERS.

                                                                       13               (a) DEFINITION.—In this section, the term ‘‘Sec-
                                                                       14 retary’’ means the Secretary of Labor, acting in consulta-
                                                                       15 tion with the Secretary of Education and the Secretary
                                                                       16 of Health and Human Services.
                                                                       17               (b) PREPARATION.—
                                                                       18                        (1) IN GENERAL.—The Secretary shall conduct
                                                                       19               an interim study and a final study regarding the de-
                                                                       20               velopment of career pathways, national training
                                                                       21               standards, registered apprenticeship programs, and
                                                                       22               credentials for domestic workers who work in health
                                                                       23               care.




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                                                                       24                        (2) CONTENTS.—The study required under
                                                                       25               paragraph (1) shall—


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                                                                         1                                 (A)(i) examine how the establishment or
                                                                         2                       expansion of career pathways, national training
                                                                         3                       standards, registered apprenticeship programs,
                                                                         4                       or credentials could enable the Nation to meet
                                                                         5                       the growing demand for domestic workers; and
                                                                         6                                 (ii) make recommendations on whether
                                                                         7                       and, if so, how that establishment could im-
                                                                         8                       prove wages and working conditions across the
                                                                         9                       domestic worker industry;
                                                                       10                                  (B)(i) examine how the creation or expan-
                                                                       11                        sion of registered apprenticeship programs for
                                                                       12                        domestic workers, including such programs con-
                                                                       13                        ducted at work sites of domestic workers and
                                                                       14                        such programs that use peer educators and peer
                                                                       15                        mentors for such workers, could improve oppor-
                                                                       16                        tunities for such workers; and
                                                                       17                                  (ii) make recommendations on whether
                                                                       18                        and, if so, how, that creation or expansion could
                                                                       19                        improve wages and working conditions across
                                                                       20                        the domestic worker industry; and
                                                                       21                                  (C) examine whether any amendments to
                                                                       22                        the Workforce Innovation and Opportunity Act
                                                                       23                        (29 U.S.C. 3101 et seq.) after the date of en-




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                                                                       24                        actment of this Act should include assistance,
                                                                       25                        through grants and contracts, specifically for


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                                                                         1                       domestic workers to improve outreach, training,
                                                                         2                       education, and other assistance and support ac-
                                                                         3                       tivities for such workers.
                                                                         4                       (3) CONSULTATION.—The study under para-
                                                                         5              graph (1) shall be conducted in consultation with
                                                                         6              representatives of domestic workers, experts in the
                                                                         7              field of domestic work, and domestic worker-led or-
                                                                         8              ganizations.
                                                                         9              (c) SUBMISSION OF REPORTS.—
                                                                       10                        (1) INTERIM REPORT.—Not later than 1 year
                                                                       11               after the date of enactment of this Act, the Sec-
                                                                       12               retary shall prepare and submit to Congress an in-
                                                                       13               terim report containing the findings of the interim
                                                                       14               study under subsection (b).
                                                                       15                        (2) FINAL REPORT.—Not later than 18 months
                                                                       16               after the date of enactment of this Act, the Sec-
                                                                       17               retary shall prepare and submit to Congress a final
                                                                       18               report containing the findings of the final study
                                                                       19               under subsection (b).
                                                                       20 TITLE III—IMPLEMENTATION OF
                                                                       21    THE   DOMESTIC  WORKERS
                                                                       22    BILL OF RIGHTS
                                                                       23      SEC. 301. DEFINITIONS.




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                                                                       24               In this title:




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                                                                         1                       (1) DOMESTIC WORKERS BILL OF RIGHTS.—
                                                                         2              The term ‘‘domestic workers bill of rights’’—
                                                                         3                                 (A) means the rights and protections pro-
                                                                         4                       vided to domestic workers under this Act, and
                                                                         5                       the amendments made by this Act, including
                                                                         6                       (as applicable)—
                                                                         7                                        (i) coverage under the overtime re-
                                                                         8                                 quirements of section 7 of the Fair Labor
                                                                         9                                 Standards Act of 1938 (29 U.S.C. 207);
                                                                       10                                         (ii) the right of live-in domestic em-
                                                                       11                                  ployees to certain notices and communica-
                                                                       12                                  tions under section 8 of such Act (29
                                                                       13                                  U.S.C. 208);
                                                                       14                                         (iii) any minimum wage for domestic
                                                                       15                                  workers that may be established pursuant
                                                                       16                                  to a recommendation to Congress under
                                                                       17                                  section 201(e)(3);
                                                                       18                                         (iv) the protection against retaliation
                                                                       19                                  under section 15(a)(3) of the Fair Labor
                                                                       20                                  Standards              Act         of     1938          (29    U.S.C.
                                                                       21                                  215(a)(3));
                                                                       22                                         (v) the applicability of title VII of the
                                                                       23                                  Civil Rights Act of 1964 (42 U.S.C. 2000a




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                                                                       24                                  et seq.) to employers of 1 or more employ-
                                                                       25                                  ees;


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                                                                         1                                        (vi) the labor rights and privacy pro-
                                                                         2                                 tections provided to domestic workers
                                                                         3                                 under subtitle B of title I, including—
                                                                         4                                                 (I) the right to a written agree-
                                                                         5                                        ment under section 110;
                                                                         6                                                 (II) the right to earned paid sick
                                                                         7                                        time provided under section 111;
                                                                         8                                                 (III) the fair scheduling practices
                                                                         9                                        required under section 112;
                                                                       10                                                  (IV) the right to request and re-
                                                                       11                                         ceive temporary changes to scheduled
                                                                       12                                         work hours for certain personal events
                                                                       13                                         under section 113;
                                                                       14                                                  (V) the privacy protections under
                                                                       15                                         section 114;
                                                                       16                                                  (VI) the right to meal and rest
                                                                       17                                         breaks in accordance with section 115;
                                                                       18                                                  (VII) the protection from wage
                                                                       19                                         deductions for cash shortages, break-
                                                                       20                                         ages, or loss under subsection (a) of
                                                                       21                                         section 116 and wage deductions or
                                                                       22                                         other penalties for communications
                                                                       23                                         described in subsection (b) of such




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                                                                       24                                         section; and




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                                                                         1                                                 (VIII) the protection against re-
                                                                         2                                        taliation under section 117(b); and
                                                                         3                                        (vii) the availability of—
                                                                         4                                                 (I) safety data sheets for house-
                                                                         5                                        hold cleaning supplies in accordance
                                                                         6                                        with the consumer product safety
                                                                         7                                        standard promulgated by the Con-
                                                                         8                                        sumer Product Safety Commission
                                                                         9                                        under section 7 of the Consumer
                                                                       10                                         Product Safety Act (15 U.S.C. 2056)
                                                                       11                                         and section 122(a);
                                                                       12                                                  (II) educational materials from
                                                                       13                                         the National Institute for Occupa-
                                                                       14                                         tional Safety and Health relating to
                                                                       15                                         the health and safety of domestic
                                                                       16                                         workers who provide child care or
                                                                       17                                         cleaning              services             under        section
                                                                       18                                         122(b); and
                                                                       19                                                  (III) the national domestic work-
                                                                       20                                         er hotline supported under section
                                                                       21                                         121, including the phone number and
                                                                       22                                         other contact methods for the hotline;
                                                                       23                                         and




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                                                                       24                                  (B) includes any rules promulgated by the
                                                                       25                        Secretary under this Act, or the amendments


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                                                                         1                       made by this Act, and any standard rec-
                                                                         2                       ommended by the Board that is promulgated as
                                                                         3                       such a rule or otherwise implemented by the
                                                                         4                       Secretary.
                                                                         5                       (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
                                                                         6              ty’’ means—
                                                                         7                                 (A) an organization described in paragraph
                                                                         8                       (3), (5), or (6) of section 501(c) of the Internal
                                                                         9                       Revenue Code of 1986 and exempt from tax-
                                                                       10                        ation under section 501(a) of such Code that—
                                                                       11                                         (i) has a board of directors, at least
                                                                       12                                  one-half of the members of which is com-
                                                                       13                                  prised of—
                                                                       14                                                  (I) domestic workers; or
                                                                       15                                                  (II) representatives of organiza-
                                                                       16                                         tions of such workers, which organiza-
                                                                       17                                         tion is independent from all busi-
                                                                       18                                         nesses, organizations, corporations, or
                                                                       19                                         individuals that would pursue any fi-
                                                                       20                                         nancial interest in conflict with that
                                                                       21                                         of the workers;
                                                                       22                                         (ii) is independent, as described in
                                                                       23                                  clause (i)(II);




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                                                                       24                                         (iii) has expertise in domestic service
                                                                       25                                  and the workforce of domestic workers,


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                                                                         1                                 and has a track record of working with do-
                                                                         2                                 mestic workers; and
                                                                         3                                        (iv) operates in a jurisdiction with a
                                                                         4                                 significant population of domestic workers;
                                                                         5                                 or
                                                                         6                                 (B) a partnership of organizations de-
                                                                         7                       scribed in subparagraph (A).
                                                                         8                       (3) NOTICE OF DOMESTIC WORKER RIGHTS.—
                                                                         9              The term ‘‘notice of domestic worker rights’’ means
                                                                       10               the document created and made available by the
                                                                       11               Secretary under section 302(a).
                                                                       12      SEC. 302. NOTICE OF DOMESTIC WORKER RIGHTS.

                                                                       13               (a) PROVIDING NOTICE OF RIGHTS TO DOMESTIC
                                                                       14 WORKERS.—
                                                                       15                        (1) NOTICE OF RIGHTS.—The Secretary shall
                                                                       16               create, and make available, a notice of domestic
                                                                       17               worker rights document that describes the rights
                                                                       18               and protections provided by the domestic workers
                                                                       19               bill of rights and any other protections and other
                                                                       20               rights afforded under Federal law to domestic work-
                                                                       21               ers.
                                                                       22                        (2) AVAILABILITY AND ACCESSIBILITY OF NO-
                                                                       23               TICE.—The               notice of domestic worker rights shall




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                                                                       24               be—




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                                                                         1                                 (A) a written document made available on-
                                                                         2                       line, including through the website described in
                                                                         3                       subsection (b); and
                                                                         4                                 (B) available in English, Spanish, and
                                                                         5                       other languages understood by domestic work-
                                                                         6                       ers, which shall be determined by the Secretary
                                                                         7                       and include, at a minimum, the translation lan-
                                                                         8                       guages for the basic information fact sheet (or
                                                                         9                       any successor document) produced by the De-
                                                                       10                        partment of Labor.
                                                                       11               (b) ESTABLISHING A DOMESTIC WORKERS RIGHTS
                                                                       12 WEBSITE.—Not later than 180 days after the date of en-
                                                                       13 actment of this Act, the Secretary shall establish a single
                                                                       14 web page on the website of the Department of Labor that
                                                                       15 summarizes in plain language the rights of domestic work-
                                                                       16 ers under the domestic workers bill of rights.
                                                                       17      SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORK-

                                                                       18                              ERS BILL OF RIGHTS ENFORCEMENT.

                                                                       19               (a) ESTABLISHMENT.—There is established an Inter-
                                                                       20 agency Task Force on Domestic Workers Bill of Rights
                                                                       21 Enforcement (referred to in this section as the ‘‘Task
                                                                       22 Force’’).
                                                                       23               (b) MEMBERS.—The Task Force shall consist of—




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                                                                       24                        (1) representatives of the Department of Labor
                                                                       25               selected by the Secretary, including representatives


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                                                                         1              of the Wage and Hour Division, Occupational Safety
                                                                         2              and Health Administration, and Office of the Solic-
                                                                         3              itor of Labor;
                                                                         4                       (2) representatives of the Department of Health
                                                                         5              and Human Services selected by the Secretary of
                                                                         6              Health and Human Services, including representa-
                                                                         7              tives of the Centers for Medicare and Medicaid Serv-
                                                                         8              ices and the Administration for Community Living;
                                                                         9              and
                                                                       10                        (3) representatives of the Equal Employment
                                                                       11               Opportunity Commission, selected by the Commis-
                                                                       12               sion.
                                                                       13               (c) INITIAL MEETING.—The Task Force shall hold
                                                                       14 its first meeting by not later than 90 days after the date
                                                                       15 of enactment of this Act.
                                                                       16               (d) DUTIES.—
                                                                       17                        (1) RECOMMENDATIONS                                 REGARDING            WORK-

                                                                       18               PLACE CHALLENGES.—Beginning not later than 180

                                                                       19               days after the date of enactment of this Act, the
                                                                       20               Task Force shall—
                                                                       21                                  (A) examine the issues and challenges fac-
                                                                       22                        ing domestic workers who come forward to en-
                                                                       23                        force their workplace rights;




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                                                                       24                                  (B) identify challenges agencies enforcing
                                                                       25                        these workplace rights have in reaching domes-


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                                                                         1                       tic workers and enforcing, including by con-
                                                                         2                       ducting hearings in each of the regions served
                                                                         3                       by the regional offices of the Wage and Hour
                                                                         4                       Division of the Department of Labor to hear di-
                                                                         5                       rectly from domestic workers, advocates, and
                                                                         6                       officials or employees of such agencies in the re-
                                                                         7                       gional and local areas; and
                                                                         8                                 (C) develop a set of recommendations, in-
                                                                         9                       cluding sample legislative language, on the best
                                                                       10                        enforcement strategies to protect the workplace
                                                                       11                        rights of domestic workers, including—
                                                                       12                                         (i) how to reach, and enforce the
                                                                       13                                  rights of, domestic workers who work in
                                                                       14                                  private homes;
                                                                       15                                         (ii) ways for Federal agencies to work
                                                                       16                                  together or conduct joint enforcement of
                                                                       17                                  workplace rights for domestic workers, as
                                                                       18                                  domestic workers who experience one type
                                                                       19                                  of violation are likely also experiencing
                                                                       20                                  other types of violations; and
                                                                       21                                         (iii) ways the Task Force can work
                                                                       22                                  with State and local enforcement agencies
                                                                       23                                  on the enforcement of workplace rights for




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                                                                       24                                  domestic workers.




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                                                                         1                       (2) REPORT.—By not later than 1 year after
                                                                         2              the date of the first meeting of the Task Force, the
                                                                         3              Task Force shall prepare and submit a report to
                                                                         4              Congress regarding the recommendations described
                                                                         5              in paragraph (1)(C).
                                                                         6                       (3) JOINT ENFORCEMENT.—
                                                                         7                                 (A) IN GENERAL.—For a period of not
                                                                         8                       more than 3 years after the date of enactment
                                                                         9                       of this Act, the Task Force shall carry out such
                                                                       10                        actions as the Task Force determines necessary
                                                                       11                        to support joint enforcement by Federal agen-
                                                                       12                        cies of violations of the rights of domestic work-
                                                                       13                        ers.
                                                                       14                                  (B) REPORT.—At the end of the 3-year pe-
                                                                       15                        riod described in subparagraph (A), the Task
                                                                       16                        Force shall submit a report to Congress regard-
                                                                       17                        ing the efficacy of joint enforcement.
                                                                       18                        (4) AUDIT OF FEDERAL ENFORCEMENT STRAT-
                                                                       19               EGIES.—By not later than 3 years after the date of

                                                                       20               enactment of this Act, and every 3 years thereafter,
                                                                       21               the Task Force shall—
                                                                       22                                  (A) conduct an audit of the Federal en-
                                                                       23                        forcement strategies relating to the rights of




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                                                                       24                        domestic workers; and




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                                                                         1                                 (B) prepare and submit to Congress a re-
                                                                         2                       port regarding the results of the audit.
                                                                         3                       (5) CONSULTATION                         REGARDING                COMMUNITY-

                                                                         4              BASED                    ENFORCEMENT                               DEMONSTRATION

                                                                         5              PROJECTS.—Upon the request of the Secretary, the

                                                                         6              Task Force shall review, and provide recommenda-
                                                                         7              tions regarding, the applications for community-
                                                                         8              based enforcement grants under section 304.
                                                                         9     SEC. 304. NATIONAL GRANT FOR COMMUNITY-BASED EDU-

                                                                       10                              CATION, OUTREACH, AND ENFORCEMENT OF

                                                                       11                              DOMESTIC WORKER RIGHTS.

                                                                       12               (a) PROGRAM AUTHORIZED.—
                                                                       13                        (1) IN GENERAL.—From amounts made avail-
                                                                       14               able to carry out this section, the Secretary, after
                                                                       15               consultation with the Interagency Task Force on
                                                                       16               Domestic Workers Bill of Rights Enforcement, shall
                                                                       17               award grants to eligible entities to enable the eligible
                                                                       18               entities to expand and improve cooperative efforts
                                                                       19               between Federal agencies and members of the com-
                                                                       20               munity, in order to—
                                                                       21                                  (A) enhance the enforcement of the domes-
                                                                       22                        tic workers bill of rights and other workplace
                                                                       23                        rights provided to domestic workers under rel-




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                                                                       24                        evant Federal, State, and local laws;




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                                                                         1                                 (B) educate domestic workers of their
                                                                         2                       rights under the domestic workers bill of rights
                                                                         3                       and other workplace rights under Federal,
                                                                         4                       State, and local laws;
                                                                         5                                 (C) educate domestic work hiring entities
                                                                         6                       regarding their responsibilities and obligations
                                                                         7                       under the domestic workers bill of rights and
                                                                         8                       other relevant Federal, State, and local laws;
                                                                         9                       and
                                                                       10                                  (D) assist domestic workers in pursuing
                                                                       11                        their workplace rights under the domestic work-
                                                                       12                        ers bill of rights and other relevant Federal,
                                                                       13                        State, or local laws.
                                                                       14                        (2)        DURATION                OF        GRANTS.—Each                grant
                                                                       15               awarded under this section shall be for a period of
                                                                       16               not more than 3 years.
                                                                       17               (b) APPLICATIONS.—
                                                                       18                        (1) IN GENERAL.—An eligible entity desiring a
                                                                       19               grant under this section shall submit an application
                                                                       20               at such time, in such manner, and containing such
                                                                       21               information as the Secretary may require.
                                                                       22                        (2) PARTNERSHIP APPLICATIONS.—In the case
                                                                       23               of an eligible entity that is a partnership, the eligible




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                                                                       24               entity may designate, in the application, a single or-




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                                                                         1              ganization in the partnership as the lead entity for
                                                                         2              purposes of receiving and disbursing funds.
                                                                         3                       (3) CONTENTS.—An application described in
                                                                         4              paragraph (1) shall include—
                                                                         5                                 (A) a description of a plan for the dem-
                                                                         6                       onstration project that the eligible entity pro-
                                                                         7                       poses to carry out with a grant under this sec-
                                                                         8                       tion, including a long-term strategy and de-
                                                                         9                       tailed implementation plan that reflects ex-
                                                                       10                        pected participation of, and partnership with,
                                                                       11                        community partners; and
                                                                       12                                  (B) information on the training and edu-
                                                                       13                        cation that will be provided to domestic workers
                                                                       14                        and domestic work hiring entities under such
                                                                       15                        program.
                                                                       16               (c) SELECTION.—
                                                                       17                        (1) IN GENERAL.—Subject to paragraph (2),
                                                                       18               the Secretary shall award grants under this section
                                                                       19               on a competitive basis.
                                                                       20                        (2) DISTRIBUTION                         THROUGH                 REGIONS.—In

                                                                       21               awarding grants under this section, the Secretary
                                                                       22               shall ensure that a grant is awarded to an eligible
                                                                       23               entity in each region represented by a regional office




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                                                                       24               of the Wage and Hour Division of the Department
                                                                       25               of Labor, to the extent practicable based on the


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                                                                                                                             146
                                                                         1              availability of appropriations and the applications
                                                                         2              submitted.
                                                                         3              (d) USE OF FUNDS.—An eligible entity receiving a
                                                                         4 grant under this section shall use grant funds to develop
                                                                         5 a community partnership and establish and support,
                                                                         6 through the partnership, 1 or more of the following activi-
                                                                         7 ties:
                                                                         8                       (1) Disseminating information and conducting
                                                                         9              outreach and training to educate domestic workers
                                                                       10               about the rights and protections provided under the
                                                                       11               domestic workers bill of rights.
                                                                       12                        (2) Conducting educational training for domes-
                                                                       13               tic work hiring entities about their obligations under
                                                                       14               the domestic workers bill of rights.
                                                                       15                        (3) Conducting orientations and training jointly
                                                                       16               with relevant Federal agencies, including the Inter-
                                                                       17               agency Task Force established under section 303,
                                                                       18               regarding the rights and protections provided under
                                                                       19               the domestic workers bill of rights.
                                                                       20                        (4) Providing mediation services between pri-
                                                                       21               vate-pay employers and workers.
                                                                       22                        (5) Providing assistance to domestic workers in
                                                                       23               filing claims relating to violations of the domestic




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                                                                       24               workers bill of rights, either administratively or in
                                                                       25               court.


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                                                                         1                       (6) Monitoring compliance by domestic work
                                                                         2              hiring entities with the domestic workers bill of
                                                                         3              rights.
                                                                         4                       (7) Establishing networks for education, com-
                                                                         5              munication, and participation in the community re-
                                                                         6              lating to the domestic workers bill of rights.
                                                                         7                       (8) Evaluating the effectiveness of programs de-
                                                                         8              signed to prevent violations of the domestic workers
                                                                         9              bill of rights and enforce the domestic workers bill
                                                                       10               of rights.
                                                                       11                        (9) Recruiting and hiring staff and volunteers
                                                                       12               for the activities described in this subsection.
                                                                       13                        (10) Producing and disseminating outreach and
                                                                       14               training materials.
                                                                       15                        (11) Any other activity as the Secretary may
                                                                       16               reasonably prescribe through notice and comment
                                                                       17               rulemaking.
                                                                       18               (e) MEMORANDA OF UNDERSTANDING.—
                                                                       19                        (1) IN GENERAL.—Not later than 60 days after
                                                                       20               receiving a grant under this section, an eligible enti-
                                                                       21               ty shall negotiate and finalize with the Secretary a
                                                                       22               memorandum of understanding that sets forth spe-
                                                                       23               cific goals, objectives, strategies, and activities that




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                                                                       24               will be carried out under the grant by the eligible
                                                                       25               entity through a community partnership.


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                                                                         1                       (2) SIGNATURES.—A representative of the eligi-
                                                                         2              ble entity receiving a grant (or, in the case of an eli-
                                                                         3              gible entity that is a partnership, a representative of
                                                                         4              each organization in the partnership) and the Sec-
                                                                         5              retary shall sign the memorandum of understanding
                                                                         6              under this subsection.
                                                                         7                       (3) REVISIONS.—A memorandum of under-
                                                                         8              standing under this subsection shall be reviewed and
                                                                         9              revised by the eligible entity and the Secretary each
                                                                       10               year for the duration of the grant.
                                                                       11               (f) AUTHORIZATION                         OF      APPROPRIATIONS.—There
                                                                       12 are authorized to be appropriated such sums as may be
                                                                       13 necessary to carry out this section.
                                                                       14      SEC. 305. ENCOURAGING THE USE OF FISCAL INTER-

                                                                       15                              MEDIARIES.

                                                                       16               Not later than 1 year after the date of enactment
                                                                       17 of this Act, the Secretary of Labor shall issue a rule to
                                                                       18 facilitate the use of fiscal intermediaries that enable pay-
                                                                       19 ments between domestic workers and domestic work hiring
                                                                       20 entities, to improve transparency, enforcement, and work-
                                                                       21 ing conditions of domestic workers.
                                                                       22      SEC. 306. J–1 VISA PROGRAM.

                                                                       23               (a) RULE OF CONSTRUCTION.—Nothing in this Act




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                                                                       24 or the amendments made by this Act shall be construed
                                                                       25 to limit the authority of the Secretary of Labor or the


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                                                                         1 States to enforce labor laws, or promulgate regulations,
                                                                         2 with respect to work performed by an individual who is—
                                                                         3                       (1) participating in an exchange visitor pro-
                                                                         4              gram described in section 62.31 of title 22, Code of
                                                                         5              Federal Regulations (or a successor regulation); and
                                                                         6                       (2) present in the United States pursuant to a
                                                                         7              visa issued under section 101(a)(15)(J) of the Immi-
                                                                         8              gration             and           Nationality                 Act          (8     U.S.C.
                                                                         9              1101(a)(15)(J)).
                                                                       10               (b) NOTIFICATION OF RIGHTS.—
                                                                       11                        (1) IN GENERAL.—Not later than 180 days
                                                                       12               after the date of enactment of this Act, the Sec-
                                                                       13               retary of State and any sponsor designated under
                                                                       14               subsection (b) of section 62.31 of title 22, Code of
                                                                       15               Federal Regulations (or a successor regulation), to
                                                                       16               carry out an au pair program shall—
                                                                       17                                  (A) notify each au pair participating in the
                                                                       18                        program of his or her rights under the Fair
                                                                       19                        Labor Standards Act of 1938 (29 U.S.C. 201
                                                                       20                        et seq.); and
                                                                       21                                  (B) provide to each such au pair—
                                                                       22                                         (i) a description of the services pro-
                                                                       23                                  vided by the Wage and Hour Division of




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                                                                       24                                  the Department of Labor; and




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                                                                         1                                        (ii) information with respect to the
                                                                         2                                 manner in which the au pair may contact
                                                                         3                                 the Department of Labor to request assist-
                                                                         4                                 ance.
                                                                         5                       (2) APPLICABILITY OF DOMESTIC WORKER RE-
                                                                         6              QUIREMENTS.—The notice requirement under para-

                                                                         7              graph (1) shall be in addition to all other protections
                                                                         8              or notices that apply to a domestic worker who is
                                                                         9              also an individual participating in an au pair pro-
                                                                       10               gram.
                                                                       11      SEC. 307. APPLICATION TO DOMESTIC WORKERS WHO PRO-

                                                                       12                              VIDE MEDICAID-FUNDED SERVICES.

                                                                       13               (a) REGULATIONS TO APPLY DOMESTIC WORKER
                                                                       14 PROTECTIONS AND RIGHTS.—Not later than 1 year after
                                                                       15 the date of enactment of this Act, the Secretary and the
                                                                       16 Secretary of Health and Human Services jointly shall de-
                                                                       17 velop and issue the following regulations:
                                                                       18                        (1) Regulations regarding the application of the
                                                                       19               protections and rights afforded to domestic workers
                                                                       20               including personal care aide or assistants who pro-
                                                                       21               vide services described in subsection (b) that are
                                                                       22               funded under the State plan under title XIX of the
                                                                       23               Social Security Act (42 U.S.C. 1396 et seq.) or




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                                                                       24               under a waiver of such plan including through a con-
                                                                       25               tract or other arrangement with a managed care en-


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                                                                         1              tity (as defined in section 1932(a)(1)(B) of the So-
                                                                         2              cial Security Act (42 U.S.C. 1396u–2(a)(1)(B))), to
                                                                         3              individuals enrolled in such plan or waiver. The reg-
                                                                         4              ulations issued under this paragraph shall recognize
                                                                         5              the role of self-directed care for individuals with dis-
                                                                         6              abilities and shall—
                                                                         7                                 (A) protect, stabilize, and expand the do-
                                                                         8                       mestic worker and personal care aide or assist-
                                                                         9                       ant workforce;
                                                                       10                                  (B) recognize the role of self-directed care
                                                                       11                        for individuals with disabilities;
                                                                       12                                  (C) prohibit States from requiring individ-
                                                                       13                        uals with disabilities who self-direct their care
                                                                       14                        to use their direct service budget to pay for
                                                                       15                        costs resulting from the application of such pro-
                                                                       16                        tections and rights to domestic workers (such
                                                                       17                        as paid sick time, penalties, or overtime pay)
                                                                       18                        except to the extent that such costs are directly
                                                                       19                        related to the provision of services described in
                                                                       20                        subsection (b) to such individuals;
                                                                       21                                  (D) facilitate Federal and State compli-
                                                                       22                        ance with section 504 of the Rehabilitation Act
                                                                       23                        of 1973 (29 U.S.C. 794), the Americans with




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                                                                       24                        Disabilities Act of 1990 (42 U.S.C. 12101 et
                                                                       25                        seq.), and the holdings of the Supreme Court in


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                                                                         1                       Olmstead v. L.C., 527 U.S. 581 (1999), and
                                                                         2                       companion cases; and
                                                                         3                                 (E) prohibit States from reducing the level
                                                                         4                       at which States make medical assistance for the
                                                                         5                       services described in subsection (b) available
                                                                         6                       under the State plan under title XIX of the So-
                                                                         7                       cial Security Act (42 U.S.C. 1396 et seq.) or
                                                                         8                       under a waiver of such plan as a result of the
                                                                         9                       application of protections and rights afforded to
                                                                       10                        domestic workers who provide such services.
                                                                       11                        (2) Regulations regarding—
                                                                       12                                  (A) mechanisms for States to use to pay
                                                                       13                        for the costs described in paragraph (1)(C), in-
                                                                       14                        cluding, to the extent the Secretaries determine
                                                                       15                        appropriate, through the establishment of a
                                                                       16                        dedicated State fund, using funds appropriated
                                                                       17                        to a State agency, and using fiscal inter-
                                                                       18                        mediaries; and
                                                                       19                                  (B) how States may use funds provided as
                                                                       20                        a result of the increased Federal medical assist-
                                                                       21                        ance percentage for services provided by domes-
                                                                       22                        tic workers under section 1905(jj) of such Act
                                                                       23                        (42 U.S.C. 196d(jj)) (as added by section 401)




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                                                                       24                        for such costs.




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                                                                         1              (b) SERVICES DESCRIBED.—The services described
                                                                         2 in this subsection are the following:
                                                                         3                       (1) Home health care services authorized under
                                                                         4              paragraph (7) of section 1905(a) of the Social Secu-
                                                                         5              rity Act (42 U.S.C. 1396d(a)).
                                                                         6                       (2) Personal care services authorized under
                                                                         7              paragraph (24) of such section.
                                                                         8                       (3) PACE services authorized under paragraph
                                                                         9              (26) of such section.
                                                                       10                        (4) Home and community-based services au-
                                                                       11               thorized under subsections (b), (c), (i), (j), and (k)
                                                                       12               of section 1915 of such Act (42 U.S.C. 1396n), such
                                                                       13               services authorized under a waiver under section
                                                                       14               1115 of such Act (42 U.S.C. 1315), and such serv-
                                                                       15               ices provided through coverage authorized under sec-
                                                                       16               tion 1937 of such Act (42 U.S.C. 1396u–7).
                                                                       17                        (5) Case management services authorized under
                                                                       18               section 1905(a)(19) of the Social Security Act (42
                                                                       19               U.S.C. 1396d(a)(19)) and section 1915(g) of such
                                                                       20               Act (42 U.S.C. 1396n(g)).
                                                                       21                        (6) Rehabilitative services, including those re-
                                                                       22               lated to behavioral health, described in section
                                                                       23               1905(a)(13) of such Act (42 U.S.C. 1396d(a)(13)).




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                                                                       24                        (7) Such other services specified by the Sec-
                                                                       25               retary of Health and Human Services.


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                                                                         1     SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-

                                                                         2                             FUNDED PROGRAMS.

                                                                         3              (a) IN GENERAL.—Notwithstanding any other provi-
                                                                         4 sion of this Act, the Secretary shall delay all enforcement
                                                                         5 relating to the provisions of this Act, or the amendments
                                                                         6 made by this Act, with respect to a Federal, State, or local
                                                                         7 governmental agency, or an entity operating under a
                                                                         8 grant, contract, or other agreement for such agency until
                                                                         9 the day that is 2 years after the date of enactment of this
                                                                       10 Act.
                                                                       11               (b) EXTENSION OPTION.—The Secretary may extend
                                                                       12 the 2-year delay period in enforcement under subsection
                                                                       13 (a) with respect to a Federal, State, or local governmental
                                                                       14 agency, or an entity operating under a grant, contract,
                                                                       15 or other agreement for such agency for an additional 1-
                                                                       16 year period, if, through a process established by the Sec-
                                                                       17 retary, the Secretary determines the delay appropriate. In
                                                                       18 applying the preceding sentence, a delay in issuing the
                                                                       19 regulations required under section 307 shall be deemed a
                                                                       20 reason to extend the delayed enforcement period.
                                                                       21               (c) DELAY OF ENFORCEMENT THROUGH CIVIL AC-
                                                                       22      TIONS BY              DOMESTIC WORKERS PROVIDING SERVICES
                                                                       23 FUNDED UNDER MEDICAID.—No action may be brought
                                                                       24 under section 118(a)(3) against a domestic work hiring




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                                                                       25 entity that receives payment under a State Medicaid plan
                                                                       26 or waiver under title XIX of the Social Security Act for
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                                                                         1 providing any services described in section 307(b), until
                                                                         2 on or after the date that is 2 years after the date of enact-
                                                                         3 ment of this Act.
                                                                         4                          TITLE IV—FUNDING
                                                                         5     SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MED-

                                                                         6                             ICAL ASSISTANCE PERCENTAGE FOR MED-

                                                                         7                             ICAID-FUNDED SERVICES PROVIDED BY DO-

                                                                         8                             MESTIC WORKERS.

                                                                         9              (a) IN GENERAL.—Section 1905 of the Social Secu-
                                                                       10 rity Act (42 U.S.C. 1396d) is amended—
                                                                       11                        (1) in subsection (b), by striking ‘‘and (ii)’’ and
                                                                       12               inserting ‘‘(ii), and (jj)’’; and
                                                                       13                        (2) by adding at the end the following new sub-
                                                                       14               section:
                                                                       15               ‘‘(jj) INCREASED FMAP FOR MEDICAL ASSISTANCE
                                                                       16      FOR SERVICES PROVIDED BY DOMESTIC WORKERS.—

                                                                       17                        ‘‘(1) AMOUNT OF INCREASE.—
                                                                       18                                  ‘‘(A) IN GENERAL.—Notwithstanding sub-
                                                                       19                        section (b), with respect to amounts expended
                                                                       20                        by a State for medical assistance described in
                                                                       21                        paragraph (2) that is provided by a personal
                                                                       22                        care aide or assistant during a quarter within
                                                                       23                        the twenty-quarter period beginning with the




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                                                                       24                        first quarter that begins after the date of enact-
                                                                       25                        ment of this subsection, the Federal medical as-


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                                                                         1                       sistance percentage for the State and the quar-
                                                                         2                       ter that applies to such expenditures shall, after
                                                                         3                       application of any increase to the Federal med-
                                                                         4                       ical assistance percentage for the State and
                                                                         5                       quarter, if applicable, under subsection (y), (z),
                                                                         6                       (aa), or (ii) of this section, section 1915(k), sec-
                                                                         7                       tion 6008 of the Families First Coronavirus Re-
                                                                         8                       sponse Act, section 9817 of the American Res-
                                                                         9                       cue Plan Act, or any other provision of law, be
                                                                       10                        increased by 4 percentage points (not to exceed
                                                                       11                        100 percent).
                                                                       12                                  ‘‘(B) DISREGARD FROM TERRITORIAL PAY-
                                                                       13                        MENT CAPS.—Any                        payment made to Puerto
                                                                       14                        Rico, the Virgin Islands, Guam, the Northern
                                                                       15                        Mariana Islands, or American Samoa for ex-
                                                                       16                        penditures on medical assistance that are sub-
                                                                       17                        ject to the Federal medical assistance percent-
                                                                       18                        age increase specified under subparagraph (A)
                                                                       19                        shall not be taken into account for purposes of
                                                                       20                        applying payment limits under subsections (f)
                                                                       21                        and (g) of section 1108.
                                                                       22                        ‘‘(2) MEDICAL ASSISTANCE DESCRIBED.—The
                                                                       23               medical assistance described in this paragraph is the




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                                                                       24               following:




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                                                                         1                                 ‘‘(A) Home health care services authorized
                                                                         2                       under paragraph (7) of subsection (a).
                                                                         3                                 ‘‘(B) Personal care services authorized
                                                                         4                       under paragraph (24) of such subsection.
                                                                         5                                 ‘‘(C) PACE services authorized under
                                                                         6                       paragraph (26) of such subsection.
                                                                         7                                 ‘‘(D) Home and community-based services
                                                                         8                       authorized under subsections (b), (c), (i), (j),
                                                                         9                       and (k) of section 1915, such services author-
                                                                       10                        ized under a waiver under section 1115, and
                                                                       11                        such services provided through coverage author-
                                                                       12                        ized under section 1937.
                                                                       13                                  ‘‘(E) Case management services authorized
                                                                       14                        under subsection (a)(19) and section 1915(g).
                                                                       15                                  ‘‘(F)       Rehabilitative                 services,           including
                                                                       16                        those related to behavioral health, described in
                                                                       17                        subsection (a)(13).
                                                                       18                                  ‘‘(G) Such other services specified by the
                                                                       19                        Secretary.
                                                                       20                        ‘‘(3) MAINTENANCE                            OF      EFFORT              REQUIRE-

                                                                       21               MENT.—A               State may not receive the increase de-
                                                                       22               scribed in paragraph (1) with respect to a quarter
                                                                       23               if the eligibility standards, methodologies, or proce-




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                                                                       24               dures applicable to the provision of medical assist-
                                                                       25               ance described in paragraph (2) under the State


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                                                                         1              plan (or waiver of such plan) are more restrictive
                                                                         2              during such quarter than the eligibility standards,
                                                                         3              methodologies, or procedures, respectively, applicable
                                                                         4              to the provision of such assistance under such plan
                                                                         5              (or waiver) as in effect on the date of enactment of
                                                                         6              this subsection.
                                                                         7                       ‘‘(4) PERSONAL CARE AIDE OR ASSISTANT DE-
                                                                         8              FINED.—In this subsection, the term ‘personal care

                                                                         9              aide or assistant’ has the meaning given that term
                                                                       10               in section 3(b)(11) of the Domestic Workers Bill of
                                                                       11               Rights Act and includes any individual who provides
                                                                       12               medical assistance described in paragraph (2) for
                                                                       13               compensation.’’.
                                                                       14               (b) APPLICATION TO CHIP.—Section 2105(a) of the
                                                                       15 Social Security Act (42 U.S.C. 1397ee(a)) is amended by
                                                                       16 adding at the end the following new paragraph:
                                                                       17                        ‘‘(5) CHILD HEALTH ASSISTANCE PROVIDED BY
                                                                       18               DOMESTIC WORKERS.—

                                                                       19                                  ‘‘(A) IN GENERAL.—Notwithstanding para-
                                                                       20                        graph (1) and subsection (b), the Secretary
                                                                       21                        shall pay to each State with a plan approved
                                                                       22                        under this title, from its allotment under sec-
                                                                       23                        tion 2104, an amount, for each quarter within




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                                                                       24                        the twenty-quarter period beginning with the
                                                                       25                        first quarter that begins after the date of enact-


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                                                                                                                             159
                                                                         1                       ment of this paragraph, equal to the enhanced
                                                                         2                       FMAP, increased by 4 percentage points (not
                                                                         3                       to exceed 100 percent) of expenditures in the
                                                                         4                       quarter for child health assistance and preg-
                                                                         5                       nancy-related assistance described in subpara-
                                                                         6                       graph (B) that are provided under the plan for
                                                                         7                       targeted low-income children and targeted low-
                                                                         8                       income women.
                                                                         9                                 ‘‘(B) CHILD                 HEALTH             ASSISTANCE        AND

                                                                       10                        PREGNANCY-RELATED                                   ASSISTANCE             DE-

                                                                       11                        SCRIBED.—The                      child health assistance and
                                                                       12                        pregnancy-related assistance described in this
                                                                       13                        subparagraph are the following:
                                                                       14                                         ‘‘(i)       Home              and         community-based
                                                                       15                                  health care services and related supportive
                                                                       16                                  services under paragraph (14) of section
                                                                       17                                  2110 (other than training for family mem-
                                                                       18                                  bers, and minor modifications to the
                                                                       19                                  home).
                                                                       20                                         ‘‘(ii)          Rehabilitative              services     under
                                                                       21                                  paragraph (24) of section 2110.’’.




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                                                                         1     SEC. 402. PROCESS FOR DETERMINING AN INCREASED

                                                                         2                             FMAP TO ENSURE A ROBUST HOMECARE

                                                                         3                             WORKFORCE UNDER MEDICAID.

                                                                         4              (a) DATA COLLECTION.—The Secretary of Health
                                                                         5 and Human Services, acting through the Assistant Sec-
                                                                         6 retary for Planning and Evaluation (referred to in this
                                                                         7 section as ‘‘ASPE’’), shall enter into arrangements with
                                                                         8 States to collect State Medicaid program data on the per-
                                                                         9 sonal care aide or assistant workforce. The data collected
                                                                       10 under such arrangements shall include the following:
                                                                       11                        (1) Rates of retention and turnover of personal
                                                                       12               care aide or assistants by program type and State.
                                                                       13                        (2) Causes of such turnover.
                                                                       14                        (3) Numbers and types of personal care aide or
                                                                       15               assistants impacted by this Act and the amendments
                                                                       16               made by this Act, including, but not limited to, with
                                                                       17               respect to—
                                                                       18                                  (A) personal care aide or assistants pro-
                                                                       19                        viding services to individuals who are enrolled
                                                                       20                        in a State Medicaid program, including, in the
                                                                       21                        case of individuals enrolled under a waiver of
                                                                       22                        such program, the types of waivers involved;
                                                                       23                        and
                                                                       24                                  (B) personal care aide or assistants pro-




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                                                                       25                        viding services to individuals who are not en-
                                                                       26                        rolled in a State Medicaid program.
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                                                                         1                       (4) Wages earned by personal care aide or as-
                                                                         2              sistants in each State.
                                                                         3                       (5) Variations in wages across types of employ-
                                                                         4              ers of personal care aide or assistants.
                                                                         5                       (6) Any other such data as ASPE determines
                                                                         6              relevant to studying how to improve the recruitment
                                                                         7              and retention of the personal care aide or assistant
                                                                         8              workforce.
                                                                         9              (b) PROPOSED FMAP INCREASE.—
                                                                       10                        (1) IN GENERAL.—Based on the data collected
                                                                       11               under arrangements entered into under subsection
                                                                       12               (a), ASPE shall determine a proposed increased
                                                                       13               FMAP for amounts expended by a State for medical
                                                                       14               assistance described in section 1905(jj)(2) of the So-
                                                                       15               cial Security Act (42 U.S.C. 1396d(jj)(2)) (as added
                                                                       16               by section 401) under the State Medicaid program
                                                                       17               that is provided by a personal care aide or assistant.
                                                                       18                        (2) REQUIREMENTS.—The proposed increased
                                                                       19               FMAP shall be designed to do the following:
                                                                       20                                  (A) Provide adequate reimbursement under
                                                                       21                        State Medicaid programs for increased costs for
                                                                       22                        Federal, State, and local changes in wages and
                                                                       23                        benefits for personal care aide or assistants as




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                                                                       24                        a result of this Act and the amendments made
                                                                       25                        by this Act.


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                                                                                                                             162
                                                                         1                                 (B) Improve the rates of retention and re-
                                                                         2                       cruitment of personal care aide or assistants.
                                                                         3                                 (C) Ensure the independence and integra-
                                                                         4                       tion of individuals with disabilities who rely on
                                                                         5                       personal care aide or assistants.
                                                                         6                       (3) CONSULTATION.—In determining such pro-
                                                                         7              posed increased FMAP, ASPE shall consult with the
                                                                         8              Domestic Worker Wage and Standards Board and
                                                                         9              shall provide that Board with the opportunity to
                                                                       10               make formal written comments on ASPE’s final pro-
                                                                       11               posed increased FMAP before the report required
                                                                       12               under subsection (c) is submitted to Congress.
                                                                       13               (c) REPORT.—
                                                                       14                        (1) DEADLINE.—Not later than 1 year after
                                                                       15               the date of enactment of this Act, ASPE shall sub-
                                                                       16               mit a report to Congress that includes the following:
                                                                       17                                  (A) The proposed increased FMAP deter-
                                                                       18                        mined by ASPE.
                                                                       19                                  (B) An explanation of the benefits of using
                                                                       20                        the proposed increased FMAP calculation for—
                                                                       21                                         (i) the personal care aide or assistant
                                                                       22                                  workforce; and
                                                                       23                                         (ii) elderly individuals and individuals




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                                                                       24                                  with disabilities who are provided medical
                                                                       25                                  assistance described in section 1905(jj)(2)


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                                                                                                                             163
                                                                         1                                 of the Social Security Act (42 U.S.C.
                                                                         2                                 1396d(jj)(2)) (as added by section 401) by
                                                                         3                                 a personal care aide or assistant, as well as
                                                                         4                                 to family caregivers.
                                                                         5                                 (C) The written comments, if any, sub-
                                                                         6                       mitted by the Domestic Worker Wage and
                                                                         7                       Standards Board to ASPE prior to the submis-
                                                                         8                       sion of the report.
                                                                         9                                 (D) Suggestions for how States and the
                                                                       10                        Federal Government can improve the process of
                                                                       11                        obtaining timely, uniform data under State
                                                                       12                        Medicaid programs regarding the personal care
                                                                       13                        aide or assistant workforce.
                                                                       14                                  (E) Methods of ensuring parity in wages
                                                                       15                        and working conditions of domestic workers
                                                                       16                        covered under this bill and workers performing
                                                                       17                        substantially similar Medicaid funded occupa-
                                                                       18                        tions such as in congregate settings.
                                                                       19                        (2) OPTIONAL ADDENDUM.—Not later than 90
                                                                       20               days after the report required under paragraph (1)
                                                                       21               is submitted to Congress, the Domestic Worker
                                                                       22               Wage and Standards Board may submit an adden-
                                                                       23               dum to the report to Congress that contains the




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                                                                       24               Board’s views regarding the proposed increased
                                                                       25               FMAP and report submitted by ASPE.


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                                                                                                                             164
                                                                         1              (d) DEFINITIONS.—In this section:
                                                                         2                       (1) PERSONAL CARE AIDE OR ASSISTANT.—The
                                                                         3              term ‘‘personal care aide or assistant’’ has the
                                                                         4              meaning given that term in section 1905(jj)(4) of
                                                                         5              the Social Security Act (42 U.S.C. 1396d(jj)(4)).
                                                                         6                       (2) FMAP.—The term ‘‘FMAP’’ means the
                                                                         7              Federal medical assistance percentage, as defined in
                                                                         8              section 1905(b) of the Social Security Act (42
                                                                         9              U.S.C. 1396d(b)), as determined without regard to
                                                                       10               this section.
                                                                       11                        (3) STATE.—The term ‘‘State’’ has the mean-
                                                                       12               ing given that term in section 1101 of the Social Se-
                                                                       13               curity Act (42 U.S.C. 1301) for purposes of title
                                                                       14               XIX of that Act.
                                                                       15                        (4) STATE                MEDICAID              PROGRAM.—The              term
                                                                       16               ‘‘State Medicaid program’’ means, with respect to a
                                                                       17               State, the program for medical assistance carried
                                                                       18               out by a State under a State plan under title XIX
                                                                       19               of the Social Security Act (42 U.S.C. 1396 et seq.)
                                                                       20               and any waiver of that plan.
                                                                       21      SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

                                                                       22               There are authorized to be appropriated to carry out
                                                                       23 this Act, and the amendments made by this Act, such




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                                                                       24 sums as may be necessary.




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                                                                         1                      TITLE V—SEVERABILITY
                                                                         2     SEC. 501. SEVERABILITY.

                                                                         3              If any provision of this Act, or an amendment made
                                                                         4 by this Act, or the application of such provision or amend-
                                                                         5 ment to any person or circumstance, is held to be invalid,
                                                                         6 the remainder of this Act, or an amendment made by this
                                                                         7 Act, or the application of such provision or amendment
                                                                         8 to other persons or circumstances, shall not be affected.
                                                                                                                                  Æ




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