HR 7917
Fair Wages for Home Care Workers Act
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Bill overview
This bill aims to extend federal labor protections, including minimum wage and overtime pay, to home care workers. Currently, some home care workers are exempt from these protections. The bill amends the Fair Labor Standards Act to clarify that certain types of caregiving, specifically babysitting services, are covered, and to remove an exemption that previously applied to domestic service employment. This would ensure that these workers receive the same labor standards as other employees.
Key provisions
- Clarifies that babysitting services are covered under the Fair Labor Standards Act.
- Removes an exemption for certain domestic service employment from overtime and minimum wage requirements.
- Defines ‘babysitting services’ as custodial care and protection of infants or children in a private home.
- Establishes a definition for ‘casual basis’ employment related to babysitting services.
- Limits the amount of household work that can be performed alongside babysitting to no more than 20% of total hours.
Who is affected
- Home care workers
- Babysitters
- Families employing home care workers
- Employers of home care workers
Notable changes
- Expands the definition of ‘babysitting services’ to include a broader range of caregiving activities.
- Eliminates a specific exemption for domestic service employment, potentially impacting a wider group of care workers.
Sponsors
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Primary sponsor
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119th CONGRESS — 2d Session
H. R. 7917
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Fair Labor Standards Act of 1938 to ensure that certain caregiving employees are no longer exempted from overtime and minimum wage protections.
This Act may be cited as the Fair Wages for Home Care Workers Act
.
in subsection (a)(15), by striking casual basis in domestic service employment
and all that follows through of the Secretary)
and inserting the following: casual basis to provide babysitting services
; and
by repealing subsection (b)(21).
Babysitting services—
means the custodial care and protection of infants or children in or about a private home in which the infants or children reside; and
does not include services relating to the care and protection of infants or children which are performed by trained personnel, such as registered, vocational, or practical nurses, and home care workers, including home health aides and personal care aides.
Casual basis
, with respect to the provision of babysitting services—
means employment which is irregular or intermittent (as defined and delimited by the Secretary), and which is not performed by an individual whose vocation is babysitting; and
may include the performance of household work not related to the provision of babysitting services, so long as the time performing such work does not exceed 20 percent of the total hours worked while providing babysitting services.