119-hr3971

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3971 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3971

 To enhance the rights of domestic employees, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 12, 2025

 Ms. Jayapal (for herself, Ms. Adams, Mr. Amo, Ms. Ansari, Ms. Balint, 
 Ms. Barragan, Mrs. Beatty, Mr. Beyer, Ms. Bonamici, Mr. Boyle of 
 Pennsylvania, Ms. Brown, Ms. Brownley, Ms. Budzinski, Mr. Carson, Mr. 
 Carter of Louisiana, Mr. Casar, Mr. Casten, Mr. Castro of Texas, Mrs. 
Cherfilus-McCormick, Ms. Chu, Ms. Clarke of New York, Mr. Cleaver, Mr. 
 Cohen, Ms. Crockett, Mr. Davis of Illinois, Ms. Dean of Pennsylvania, 
Ms. DeLauro, Ms. DelBene, Mr. Deluzio, Mr. DeSaulnier, Ms. Dexter, Mrs. 
 Dingell, Mr. Doggett, Ms. Escobar, Mr. Espaillat, Mr. Evans of 
 Pennsylvania, Mr. Fields, Mrs. Foushee, Mr. Frost, Mr. Garamendi, Mr. 
Garcia of California, Ms. Garcia of Texas, Mr. Garcia of Illinois, Mr. 
 Goldman of New York, Mr. Gomez, Mr. Green of Texas, Mrs. Hayes, Mr. 
 Horsford, Ms. Hoyle of Oregon, Mr. Huffman, Mr. Jackson of Illinois, 
Ms. Jacobs, Mr. Johnson of Georgia, Ms. Kelly of Illinois, Mr. Khanna, 
 Mr. Krishnamoorthi, Ms. Lee of Pennsylvania, Ms. Leger Fernandez, Mr. 
 Lynch, Mr. Magaziner, Ms. Matsui, Ms. McBride, Ms. McClellan, Ms. 
McCollum, Mr. McGovern, Mrs. McIver, Mr. Menendez, Ms. Meng, Mr. Mfume, 
Ms. Moore of Wisconsin, Mr. Mullin, Mr. Nadler, Ms. Norton, Ms. Ocasio-
 Cortez, Ms. Omar, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. Quigley, 
 Mrs. Ramirez, Ms. Ross, Ms. Salinas, Ms. Sanchez, Ms. Scanlon, Ms. 
 Schakowsky, Mr. David Scott of Georgia, Ms. Simon, Mr. Smith of 
 Washington, Ms. Stansbury, Ms. Stevens, Mr. Swalwell, Mrs. Sykes, Mr. 
 Takano, Mr. Thanedar, Mr. Thompson of Mississippi, Ms. Tlaib, Ms. 
Tokuda, Mr. Torres of New York, Mrs. Trahan, Mr. Vargas, Ms. Velazquez, 
 Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms. Williams of Georgia, 
 and Ms. Wilson of Florida) introduced the following bill; which was 
 referred to the Committee on Education and Workforce, and in addition 
 to the Committees on House Administration, Energy and Commerce, Ways 
 and Means, Oversight and Government Reform, and the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 A BILL

 To enhance the rights of domestic employees, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Domestic Workers 
Bill of Rights Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Rulemaking authority.

Sec. 5. Rule of construction.
 TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS

 Subtitle A--Amendments to the Fair Labor Standards Act of 1938

Sec. 101. Overtime protections for live-in domestic employees.

Sec. 102. Live-in domestic employees termination notices and 
 communications.

Sec. 103. Enforcement.
 Subtitle B--Domestic Employee 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--Amendment to Title VII of the Civil Rights Act of 1964

Sec. 131. Including certain domestic employees in civil rights 
 protections against discrimination in 
 employment.
 TITLE II--STANDARDS BOARD AND BENEFITS

Sec. 201. Domestic Employee Standards Board.

Sec. 202. Domestic employees' benefits study.
 TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS

Sec. 301. Definitions.

Sec. 302. Notice of domestic employee rights.

Sec. 303. Interagency task force on domestic workers bill of rights 
 enforcement.

Sec. 304. National Domestic Employee Hotline.

Sec. 305. National grant for community-based education, outreach, and 
 enforcement of domestic employee rights.

Sec. 306. Encouraging the use of fiscal intermediaries.

Sec. 307. Application to domestic employees who provide Medicaid-funded 
 services.

Sec. 308. Delayed enforcement for government-funded programs.
 TITLE IV--FUNDING

Sec. 401. Temporary increase in the Federal medical assistance 
 percentage for Medicaid-funded services 
 provided by domestic employees.

Sec. 402. Authorization of appropriations.
 TITLE V--SEVERABILITY

Sec. 501. Severability.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) There are an estimated 2,200,000 domestic employees 
 across the United States working in private homes to provide 
 direct care, child care, and house-cleaning services.

    (2) Domestic work is a job-enabling job that makes all 
 other work possible. It is labor that cannot be outsourced to 
 individuals abroad, nor is it close to being automated. Without 
 the millions of domestic employees caring for children, 
 seniors, and people with disabilities, and cleaning homes, much 
 of the economy would come to a standstill.

    (3) During the COVID-19 pandemic, domestic work and other 
 low-wage service jobs, disproportionately held by women, women 
 of color, and immigrants, were deemed essential. This crisis 
 showed how essential these jobs have always been to our 
 economy. At great risk to the health of themselves and their 
 families, domestic employees worked on the frontlines of the 
 pandemic to provide care to those more vulnerable to COVID-19, 
 seniors, and individuals with disabilities, and provided child 
 care for the children of essential workers and other workers. A 
 study of Black immigrant domestic employees conducted by the 
 Institute for Policy Studies and the National Domestic Workers 
 Alliance in May and June of 2020 found that 25 percent of 
 employees surveyed experienced or lived with someone who had 
 experienced COVID-19 symptoms. Seventy-three percent of such 
 employees surveyed indicated that they did not receive personal 
 protective equipment (``PPE'') from their employers.

    (4) Domestic employees experienced a rapid and sustained 
 loss of jobs during the COVID-19 pandemic, which exacerbated 
 the existing financial insecurity experienced by many domestic 
 employees. Surveys from the National Domestic Workers Alliance 
 and NDWA Labs between March and September 2020 found that for 6 
 consecutive months, more than half of domestic employees 
 surveyed were unable to pay their rent or mortgage. Nearly 75 
 percent of employees surveyed did not receive any compensation 
 when their jobs were canceled.

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

section 2

    (a) of 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 202

    (a) ), and 
 thus many domestic employees are employees covered under the 
 Fair Labor Standards Act of 1938. Moreover, domestic services 
 provided by any domestic employee for an employer affect 
 commerce.

    (6) Domestic employees are hired or contacted for work by 
 phone, mail, or internet, or through newspaper ads, and travel 
 to work through transportation on interstate highways, 
 interstate transit, or vehicles in interstate commerce.

    (7) In 2024, the Bureau of Labor Statistics predicted that 
 between 2023 and 2033, the number of new jobs for home health 
 and personal care aides will increase by 21 percent, which is 
 an increase of 820,500 jobs.

    (8) The COVID-19 pandemic increased the demand for in-home 
 child care. According to the Center for Translational 
 Neuroscience at the University of Oregon, the percentage of 
 parents reporting use of home-based child care has grown since 
 the onset of the pandemic from 27 percent to 31 percent by 
 September 2021.

    (9) An increasing number of employees, including domestic 
 employees, are finding work on online platforms. An analysis 
 from the JPMorgan Chase Institute found that between 2013 and 
 2020, the percentage of adults that had earned income from 
 online platforms increased from 0.3 percent to 2.5 percent.

    (10) Nearly 9 out of 10 domestic employees are women and 
 such women are disproportionately people of color and 
 immigrants. Women, people of color, and immigrants have 
 historically faced barriers to employment and economic 
 advancement. According to the Economic Policy Institute, 
 domestic employees also tend to be older than other employees. 
 Two in 5 domestic employees are age 50 or older, while just \1/
 3\ of all other employees are at least 50 years old.

    (11) Domestic employees are paid low wages, can be 
 subjected to workplace health and safety hazards, and face 
 difficulties saving for retirement. An Economic Policy 
 Institute analysis of data from the Current Population Survey 
 indicates that the average wage for a domestic employee is 
 approximately $16.79 per hour or $20,926 per year if working 
 full-time. In practice, the average wage for a domestic 
 employee is less than such approximation given that domestic 
 work has largely been negotiated in the informal labor market.

    (12) Low-wage employees, including domestic employees, 
 experience high rates of minimum wage and overtime violations, 
 violations of laws related to workers' compensation and other 
 workplace benefits, and illegal retaliation. A 2017 study from 
 the Economic Policy Institute found that 2,400,000 employees, 
 17 percent of the low-wage workforce, experiences wage theft. A 
 2009 report from the National Employment Law Project found that 
 employment in private homes was one of the 3 industries with 
 the highest rates of employment and labor law violations.

    (13) A landmark study of domestic employees published in 
 2012 by the National Domestic Workers Alliance, the Center for 
 Urban Economic Development of the University of Illinois at 
 Chicago, and DataCenter titled ``Home Economics: The Invisible 
 and Unregulated World of Domestic Work'' indicated poor working 
 conditions across the domestic employees industry. The findings 
 of such study included that--
        (A) domestic employees have little control over 
 their working conditions and employment is usually 
 arranged without a written contract;
        (B) 35 percent of domestic employees interviewed 
 reported that they worked long hours without breaks in 
 the year immediately preceding the interview;
            (C) 25 percent of live-in domestic employees had 
 responsibilities that prevented them from getting at 
 least 5 hours of uninterrupted sleep at night during 
 the week immediately preceding the interview; and
            (D) 91 percent of domestic employees interviewed 
 who encountered problems with their working conditions 
 in the year immediately preceding the interview did not 
 complain about their working conditions because they 
 were afraid they would lose their job.

    (14) The study described in paragraph

    (13) found that 
 domestic employees have little access to federally supported 
 employment benefits. For instance--
        (A) less than 2 percent of such employees receive 
 retirement or pension benefits, and less than 9 percent 
 of such employees work for employers that collect 
 payroll taxes on wages paid to such employees to 
 provide eligibility for Social Security disability and 
 retirement benefits; and
        (B) 65 percent of such employees do not have health 
 insurance and only 4 percent of such employees receive 
 employer-provided insurance, despite the fact that 
 domestic work is hazardous and often results in illness 
 or physical injuries.

    (15) Compounding these challenges is the fact that many 
 domestic employees have been, and in many cases continue to be, 
 excluded from key provisions of labor and employment laws like 
 the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
 et seq.) and the National Labor Relations Act (29 U.S.C. 151 et 
 seq.). Live-in domestic employees solely employed by private 
 households remain excluded from the overtime protections under 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). 
 Minimum employee threshold rules, misclassification of domestic 
 employees as independent contractors, and exclusion of 
 independent contractors from coverage mean that most domestic 
 employees are also de facto excluded from Federal civil rights 
 protections, including protections under title VII of the Civil 
 Rights Act of 1964 (29 U.S.C. 2000e et seq.) and other laws.

    (16) The International Labour Organization's Domestic 
 Workers Convention, adopted in 2011, calls for domestic 
 employees to have the right to freedom of association and 
 collective actions, protections against harassment, privacy 
 rights, and the right to be informed of conditions of 
 employment. This Convention also calls for the right of 
 domestic employees to keep their travel documents, the right to 
 overtime compensation and rest breaks, the right to minimum 
 wage coverage, the right to occupational safety and health 
 protections, and mechanisms to pursue complaints and ensure 
 compliance with the law.

    (17) The unique nature of their work, in private homes with 
 individuals and families, also often makes it difficult for 
 domestic employees to use Federal programs and policies to 
 improve their skills and training and to join together 
 collectively to negotiate better pay and working conditions.

    (18) Many domestic employees are also vulnerable to 
 discrimination and sexual harassment. These issues are further 
 exacerbated by the unique working conditions faced by domestic 
 employees, such as isolation, poverty, immigration status, the 
 lack of familiarity with the law and legal processes, limited 
 networks for support, language barriers, and fear of 
 retaliation and deportation.

    (19) Millions of older individuals, individuals with 
 disabilities, and families are increasingly relying on domestic 
 employees. Transforming domestic work jobs into good jobs with 
 family sustaining wages and access to benefits can reduce high 
 turnover due to poor working conditions, thereby enhancing 
 quality of care, and supporting the millions of working and 
 retired people of the United States who rely on them.

SEC. 3. DEFINITIONS.

    (a) Fair Labor Standards Act of 1938 

=== Definitions. ===
-In this Act:

    (1) Commerce; employ; employee; goods; person; state.--The 
 terms ``commerce'', ``employ'', ``employee'', ``employer'', 
 ``enterprise'', ``enterprise engaged in commerce or in the 
 production of goods for commerce'', ``goods'', ``person'', and 
 ``State'' have the meanings given such terms in 

section 3 of 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

    (2) Regular rate.--The term ``regular rate'' has the 
 meaning given such term in 

section 7

    (e) of such Act (29 U.S.C. 
 207

    (e) ).

    (b) Other 

=== Definitions. ===
-In this Act:

    (1) Child.--The term ``child''--
        (A) means an individual who is under 18 years of 
 age; and
        (B) includes an individual described in 
 subparagraph
        (A) who is--
            (i) a biological, foster, or adopted child;
            (ii) a stepchild;
            (iii) a child of a domestic partner;
            (iv) a legal ward; or
            (v) a child of a person standing in loco 
 parentis.

    (2) Disability.--The term ``disability'' has the meaning 
 given the term in 

section 3 of the Americans with Disabilities 
 Act of 1990 (42 U.S.C. 12102).

    (3) Domestic partner.--
        (A) In general.--The term ``domestic partner'', 
 with respect to an individual, means another individual 
 with whom the individual is in a committed 
 relationship.
        (B) Committed relationship defined.--The term 
 ``committed relationship'' for purposes of subparagraph
        (A) --
            (i) means a relationship between 2 
 individuals, each at least 18 years of age, in 
 which both individuals share responsibility for 
 a significant measure of each other's common 
 welfare; and
            (ii) includes any such relationship between 
 2 individuals, including individuals of the 
 same sex, that is granted legal recognition by 
 a State or political subdivision of a State as 
 a marriage or analogous relationship, including 
 a civil union or domestic partnership.

    (4) Domestic services.--The term ``domestic services''--
        (A) means services--
            (i) of a household nature; and
            (ii) performed by an individual in or about 
 a private home (permanent or temporary); and
        (B) includes services performed by individuals such 
 as companions, babysitters, cooks, waiters, butlers, 
 valets, maids, housekeepers, nannies, nurses, janitors, 
 laundresses, caretakers, handymen, gardeners, home 
 health aides, personal care aides or assistants, and 
 chauffeurs of automobiles for family use.

    (5) Domestic employee.--The term ``domestic employee''--
        (A) means, except as provided in subparagraph
        (B) , 
 an employee who is employed by an employer for the 
 performance of domestic services; and
        (B) does not include--
            (i) any individual who is a family member, 
 friend, neighbor, or parent of a child and who 
 provides child care for the child in the 
 child's home;
            (ii) any individual who is--
            (I) an employee of a family child 
 care provider; or
            (II) a family child care provider; 
 and
            (iii) any individual who is an employee 
 described in 

section 13

    (a)

    (15) of the Fair 
 Labor Standards Act of 1938 (29 U.S.C. 
 213

    (a)

    (15) ).

    (6) Family child care provider.--The term ``family child 
 care provider'' means 1 or more individuals who provide child 
 care services, in a private residence other than the residence 
 of the child receiving the services, for fewer than 24 hours 
 per day for the child (unless the nature of the work of the 
 parent of the child requires 24-hour care).

    (7) Medicaid hcbs-eligible elderly individual.--The term 
 ``Medicaid HCBS-eligible elderly individual'' means an 
 individual who--
        (A) is 65 years of age or older; and
        (B) is eligible for and enrolled for medical 
 assistance for any of the following services (whether 
 provided on a fee-for-service, risk, or other basis) 
 under a State Medicaid program under title XIX of the 
 Social Security Act (42 U.S.C. 1396 et seq.) (including 
 any waiver or demonstration under such title or under 
 

section 1115 of such Act (42 U.S.C. 1315) relating to 
 such title), and includes an individual who becomes 
 eligible for medical assistance under a State Medicaid 
 program when removed from a waiting list:
            (i) Home health care services authorized 
 under paragraph

    (7) of 

section 1905

    (a) of the 
 Social Security Act (42 U.S.C. 1396d

    (a) ).
            (ii) Personal care services authorized 
 under paragraph

    (24) of such section.
            (iii) PACE services authorized under 
 paragraph

    (26) of such section.
            (iv) Home and community-based services 
 authorized under subsections

    (b) ,
            (c) ,
            (i) ,

    (j) , and

    (k) of 

section 1915 of such Act (42 
 U.S.C. 1396n), such services authorized under a 
 waiver under 

section 1115 of such Act (42 
 U.S.C. 1315), and such services provided 
 through coverage authorized under 

section 1937 
 of such Act (42 U.S.C. 1396u-7).
            (v) Case management services authorized 
 under 

section 1905

    (a)

    (19) of the Social 
 Security Act (42 U.S.C. 1396d

    (a)

    (19) ) and 
 

section 1915

    (g) of such Act (42 U.S.C. 
 1396n

    (g) ).
            (vi) Rehabilitative services, including 
 those related to behavioral health, described 
 in 

section 1905

    (a)

    (13) of such Act (42 U.S.C. 
 1396d

    (a)

    (13) ).
            (vii) Such other services specified by the 
 Secretary of Health and Human Services.

    (8) On-call.--The term ``on-call'', with respect to a 
 domestic employee, means any period of time that the employer 
 of the domestic employee requires the domestic employee to--
        (A) be available to work; and
        (B) wait to contact, or to be contacted by, the 
 employer to determine whether the domestic employee 
 will be required to report to work during that period 
 of time.

    (9) Parent.--The term ``parent'', with respect to an 
 individual, means a biological, foster, or adoptive parent of 
 the individual, a stepparent of the individual, parent-in-law 
 of the individual, parent of a domestic partner of the 
 individual, or a legal guardian or other person who stood in 
 loco parentis to the individual when the individual was a 
 child.

    (10) Personal care aide or assistant.--The term ``personal 
 care aide or assistant'' means an individual who provides 
 personal care services.

    (11) Personal care services.--The term ``personal care 
 services'' means assistance provided to an individual who is 
 not an inpatient or resident of a hospital, nursing facility, 
 intermediate care facility for individuals with intellectual 
 disabilities, or institution for mental disease that enables 
 the recipient to accomplish activities of daily living or 
 instrumental activities of daily living.

    (12) Secretary.--The term ``Secretary'' means the Secretary 
 of Labor.

    (13) Self-directed care.--The term ``self-directed care'', 
 with respect to an individual, means services for the 
 individual that are planned and purchased under the direction 
 and control of the individual, including the amount, duration, 
 scope, provider, and location of the services.

    (14) Shared living arrangement.--The term ``shared living 
 arrangement'' means a living arrangement involving--
        (A) not more than 2 individuals who are an 
 individual with a disability or a Medicaid HCBS-
 eligible elderly individual, except if 1 or more of the 
 individuals are related to each other (by blood or a 
 close association that is equivalent to a family 
 relationship);
        (B) an individual providing services for 
 compensation and living in the private home of the 
 recipient of such services;
            (C) an individual receiving funding through a State 
 Medicaid program under title XIX of the Social Security 
 Act (42 U.S.C. 1396 et seq.), or another publicly 
 funded program;
            (D) a stipend or room and board as the primary form 
 of payment for the individual providing such services; 
 and
        (E) the individual receiving such services having 
 the final decision regarding who is the provider of 
 such services living with the individual, through a 
 consumer-driven matching process that includes 
 relationship building, person-centered planning as 
 defined by the Administrator of the Centers for 
 Medicare & Medicaid Services, and an assessment of 
 individual compatibility.

    (15) Spouse.--The term ``spouse'', with respect to an 
 individual, means another individual with whom the individual 
 entered into a marriage (including a common law or same-sex 
 marriage)--
        (A) as defined or recognized under the law in the 
 State in which the marriage was entered into; or
        (B) that, in the case of a marriage entered into 
 outside of any State, is recognized in the place where 
 entered into and could have been entered into in at 
 least 1 State.

SEC. 4. RULEMAKING AUTHORITY.

 The Secretary shall have the authority to promulgate rules to carry 
out this Act.

SEC. 5. RULE OF CONSTRUCTION.

 For purposes of this Act, any domestic services performed by a 
domestic employee for an employer are considered to affect commerce.

 TITLE I--DOMESTIC EMPLOYEE RIGHTS AND PROTECTIONS

 Subtitle A--Amendments to the Fair Labor Standards Act of 1938

SEC. 101. OVERTIME PROTECTIONS FOR LIVE-IN DOMESTIC EMPLOYEES.

 

Section 13

    (b)

    (21) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 213

    (b)

    (21) ) is repealed.

SEC. 102. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
 COMMUNICATIONS.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after 

section 7 (29 U.S.C. 207) 
the following:

``

SEC. 8. LIVE-IN DOMESTIC EMPLOYEES TERMINATION NOTICES AND 
 COMMUNICATIONS.

 ``

    (a) Definition of Live-In Domestic Employee.--In this section, 
the term `live-in domestic employee' means any employee who is employed 
in domestic service in a household and resides in such household.
 ``

    (b) Notice of Termination for Live-In Domestic Employees.--
 ``

    (1) In general.--If an employer terminates the employment 
 of a live-in domestic employee, the employer shall, except as 
 provided in paragraph

    (3) , provide the live-in domestic 
 employee with--
 ``
        (A) written notice of the termination not later 
 than 48 hours after such termination; and
 ``
        (B)
            (i) not less than 30 calendar days of lodging 
 at--
 ``
            (I) the household premises of the 
 employer, as customarily provided by the 
 employer; or
 ``
            (II) another premise of a comparable 
 lodging condition; or
 ``
            (ii) severance pay in an amount equivalent to the 
 average earnings of the live-in domestic employee for 2 
 weeks of employment during the preceding 6 months.
 ``

    (2) Offsite lodging or severance.--If an employer chooses 
 to provide a live-in domestic employee who is terminated, as 
 described in paragraph

    (1) , lodging described in paragraph

    (1)
        (B)
            (i) 
            (II) , or severance pay described in paragraph

    (1)
        (B)
            (ii) , the employer shall allow the live-in domestic 
 employee not less than 48 hours after the notice provided under 
 paragraph

    (1)
        (A) to vacate the household of the employer.
 ``

    (3) Exception.--
 ``
        (A) In general.--The requirements under paragraph

    (1) shall not be required in a case involving a good 
 faith allegation described in subparagraph
        (B) that the 
 live-in domestic employee has engaged in abuse or 
 neglect, or caused any other harmful conduct, against 
 the employer, any member of the family of the employer, 
 or any individual residing in the household of the 
 employer.
 ``
        (B) Good faith allegations.--A good faith 
 allegation described in this subparagraph shall be--
 ``
            (i) made in writing and provided to the 
 live-in domestic employee not later than 48 
 hours after the employer has knowledge of the 
 conduct of the live-in domestic employee 
 resulting in the allegation;
 ``
            (ii) supported by a reasonable basis and 
 belief; and
 ``
            (iii) made without reckless disregard or 
 willful ignorance of the truth.
 ``
            (c) Communications for Live-In Domestic Employees.--
 ``

    (1) In general.--If an employer requires an employee to 
 be a live-in domestic employee, the employer shall--
 ``
        (A) provide the live-in domestic employee with 
 the ability, and reasonable opportunity, to access 
 telephone and internet services in accordance with 
 paragraph

    (2) ; and
 ``
        (B) without interference by the employer, permit 
 the live-in domestic employee to send and receive 
 communications by text message, social media, 
 electronic or regular mail, and telephone calls.
 ``

    (2) Telephone and internet services.--
 ``
        (A) Employer with services.--If an employer 
 requires an employee to be a live-in domestic employee 
 and has telephone or internet services for the 
 household of the employer, the employer shall provide 
 the live-in domestic employee with reasonable access to 
 such services without charge to the employee.
 ``
        (B) Employer without services.--If an employer 
 requires an employee to be a live-in domestic employee 
 and does not have telephone or internet services for 
 the household of the employer, the employer--
 ``
            (i) shall provide the live-in domestic 
 employee with a reasonable opportunity to 
 access such services at another location; and
 ``
            (ii) shall not be required to pay for 
 such services.''.

    (b) Conforming Amendment.--

Section 10 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 210) is repealed.

SEC. 103. ENFORCEMENT.

    (a) Prohibited Act.--

Section 15

    (a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 215

    (a) ) is amended--

    (1) in paragraph

    (5) , by striking ``; and'';

    (2) in paragraph

    (6) , by striking the period and inserting 
 ``; and''; and

    (3) by adding at the end the following:
 ``

    (7) to violate any provision of 

section 8, including any 
 regulation or order issued by the Secretary under that 
 section.''.

    (b) Penalties.--

Section 16 of such Act (29 U.S.C. 216) is amended--

    (1) in subsection

    (b) , by inserting ``Any employer who 
 violates 

section 8

    (b) shall be liable to the employee affected 
 in an amount of severance pay that is calculated, with respect 
 to the employee, in accordance with 

section 8

    (b)

    (1)
        (B)
            (ii) , and 
 in an additional equal amount as liquidated damages. Any 
 employer who violates 

section 8
            (c) shall be liable to the 
 employee affected in an amount that is not to exceed $2,000 for 
 each violation.'' after the third sentence; and

    (2) in subsection
            (c) , by adding at the end the following: 
 ``The authority and requirements described in this subsection 
 shall also apply with respect to a violation of 

section 8, as 
 appropriate, and the employer shall be liable for the amounts 
 described in subsection

    (b) for violations of such section.''.
            (c) Injunction Proceedings.--

Section 17 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 217) is amended by striking ``(except sums'' and 
inserting ``and in the case of violations of 

section 15

    (a)

    (7) the 
restraint of any withholding of severance pay and other damages found 
by the court to be due to employees under this Act (except, in either 
case, sums''.
            (d) Statute of Limitations.--

Section 6 of the Portal-to-Portal Act 
of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection

    (a) , by inserting ``(and any cause of action to enforce 

section 8 of 
such Act)'' after ``under the Fair Labor Standards Act of 1938, as 
amended''.

 Subtitle B--Domestic Employee Rights

SEC. 110. WRITTEN AGREEMENTS.

    (a) Covered Domestic Employee.--In this section, the term ``covered 
domestic employee'' means any domestic employee to whom the employer of 
the domestic employee expects to provide compensation for the 
performance of domestic services by the domestic employee for not less 
than 8 hours per week.

    (b) Requirement.--Each employer shall provide a written agreement 
in accordance with this section to each covered domestic employee 
employed by the employer.
            (c) Written Agreement Requirements.--A written agreement required 
under this section shall--

    (1) be signed and dated by the covered domestic employee 
 and the employer;

    (2) be written in--
        (A) a language easily and fully understood by the 
 covered domestic employee and the employer, which may 
 be in multiple languages if the employee and the 
 employer do not easily and fully understand the same 
 language; and
        (B) plain language;

    (3) include the contents described in subsection
            (d) ; and

    (4) be provided in accordance with subsection

    (e) .
            (d) Contents of the Written Agreement.--

    (1) In general.--The contents described in this subsection 
 shall include each of the following:
        (A) The full name, address, and contact information 
 of the employer, including, as appropriate, any ``doing 
 business as'' name of the employer and the name of each 
 individual of the employer who will be doing business 
 with the covered domestic employee.
        (B) The address for the location where the covered 
 domestic employee will be providing domestic services 
 for the employer.
            (C) All responsibilities to be performed by the 
 covered domestic employee for the employer, and the 
 regularity in which such responsibilities are to be 
 performed.
            (D) The hourly pay rate of the covered domestic 
 employee for any workweek, including the overtime pay 
 rate.
        (E) The day of the week when the covered domestic 
 employee will be paid.
        (F) The required working hours for any workweek, 
 including--
            (i) the time of day and day of week the 
 work of the covered domestic employee begins;
            (ii) meal and rest breaks described in 
 

section 115;
            (iii) time off, including paid holidays and 
 paid vacations;
            (iv) the work schedule of the employee at 
 the time of hire, including--
            (I) the time of day and the days of 
 the week the covered domestic employee 
 will be expected to work for the 
 employer each week; or
            (II) if the time of day or the days 
 of the week that the domestic employee 
 will be expected to work for the 
 employer will vary from week to week, 
 information regarding a good faith 
 estimate of the days and hours for 
 which the covered domestic employee 
 will be expected to work for the 
 employer each week, including, at 
 minimum--

    (aa) the average number of 
 hours the covered domestic 
 employee will be expected to 
 work for the employer each week 
 during a typical 90-day period;

    (bb) whether the covered 
 domestic employee can expect to 
 be on-call;
            (cc) a subset of days the 
 covered domestic employee can 
 typically expect to work (or to 
 be scheduled as off from work) 
 for the employer; and
            (dd) the amount of notice 
 that the employer will provide 
 to the domestic employee in 
 advance of scheduled work hours 
 (as defined in 

section 112

    (a) ), 
 which shall not be less than 72 
 hours before such scheduled 
 work hours are to begin (except 
 during a period described in 
 subparagraph
        (A) of 

section 112

    (e)

    (1) , in a case described 
 in subparagraph
        (B) of such 
 section, or in the case of a 
 shared living arrangement), and 
 the manner in which such notice 
 shall be provided;
            (v) how the employer will provide pay for 
 last-minute changes to scheduled work hours as 
 described in 

section 112
            (c) ; and
            (vi) how the employee can request and 
 receive a change to scheduled work hours due to 
 personal events as described in 

section 113.
        (G) Information about policies, procedures, and 
 equipment related to safety and emergencies.
        (H) The policy of the employer pertaining to notice 
 of termination of the covered domestic employee by the 
 employer.
            (I) A description of the process for the covered 
 domestic employee to raise or address grievances with 
 respect to, or breaches of, the written agreement, 
 including that the grievance process shall not be 
 construed to be an exhaustion of remedies requirement 
 and shall not prevent the domestic employee from going 
 directly to a relevant enforcement agency or a court to 
 enforce any right conferred by this Act or another law.
        (J) In the case of a covered domestic employee who 
 resides in the household of the person for whom the 
 domestic employee provides domestic services--
            (i) the circumstances under which the 
 employer may enter the designated living space 
 of the domestic employee;
            (ii) the circumstances under which the 
 covered domestic employee, in a shared living 
 arrangement, may enter the designated living 
 space of the employer; and
            (iii) a description of certain 
 circumstances the employer determines as cause 
 for--
            (I) immediate termination of the 
 covered domestic employee; and
            (II) subject (as applicable) to 
 

section 8

    (b) of the Fair Labor 
 Standards Act of 1938, removal of the 
 covered domestic employee from the 
 household of the person for whom the 
 employee provides domestic services not 
 later than 48 hours after notice of the 
 termination.
        (K) If applicable, any policies of the employer 
 with respect to the covered domestic employee for--
            (i) paying for or providing reimbursement 
 for--
            (I) health insurance;
            (II) transportation, meals, or 
 lodging; or
            (III) any fees or costs associated 
 with the domestic services provided by 
 the covered domestic employee for the 
 employer;
            (ii) annual or other pay increases;
            (iii) severance pay; and
            (iv) providing materials or equipment 
 related to the performance of domestic service 
 by the covered domestic employee, including (if 
 applicable) any cleaning supplies provided by 
 the employer.
            (L) Any other benefits afforded to the covered 
 domestic employee by the employer.
            (M) A description of the process used by the 
 employer to change any policy described in 
 subparagraphs
        (A) through
            (L) , including addressing 
 additional compensation if responsibilities are added 
 to those described in subparagraph
            (C) , after the date 
 on which the written agreement is provided to the 
 domestic employee.

    (2) Prohibitions.--A written agreement required under this 
 section may not--
        (A) contain--
            (i) a predispute arbitration agreement (as 
 such term is defined in 

section 401 of title 9, 
 United States Code) for claims made by a 
 covered domestic employee against an employer 
 regarding the legal rights of the employee; or
            (ii) a nondisclosure agreement, noncompete 
 agreement, or nondisparagement agreement that 
 limits the ability of the covered domestic 
 employee to seek compensation for performing 
 domestic services after the employee ceases to 
 receive compensation from the employer for the 
 performance of domestic services; and
        (B) be construed to waive the rights or protections 
 of a domestic employee under Federal, State, or local 
 law.

    (e) Timing.--

    (1) Initial agreement.--An employer shall provide a written 
 agreement required under this section--
        (A) to each covered domestic employee hired by the 
 employer after the date of enactment of this Act on a 
 day that, at the discretion of the employer, is--
            (i) not more than 5 days after the covered 
 domestic employee is hired; or
            (ii) the day before the first day that the 
 covered domestic employee performs domestic 
 services for the employer; and
        (B) to each covered domestic employee hired on or 
 before the date of enactment of this Act, not more than 
 180 days after such date of enactment.

    (2) Subsequent agreements.--Not later than 30 calendar days 
 after the date on which an employer makes a change to a written 
 agreement provided to a covered domestic employee under this 
 section, the employer shall provide the domestic employee with 
 an updated agreement in accordance with this section.

    (f) Records.--An employer that is required to provide a written 
agreement under this section to a covered domestic employee shall 
retain such agreement for a period of not less than 3 years from the 
date on which the covered domestic employee is no longer working for 
the employer.

    (g) Model Written Agreements.--

    (1) In general.--Not later than 6 months after the date of 
 enactment of this Act, the Secretary shall establish and make 
 available templates for model written agreements under this 
 section.

    (2) Requirements.--A model written agreement required under 
 paragraph

    (1) shall be available in multiple languages commonly 
 understood by domestic employees, including all languages in 
 which the Secretary, acting through the Administrator of the 
 Wage and Hour Division, translates a basic information fact 
 sheet published by the Administrator.

SEC. 111. EARNED SICK DAYS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Domestic violence.--The term ``domestic violence''--
        (A) has the meaning given the term in 

section 40002

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

    (a) ), except that the reference in such 
 section to the term ``jurisdiction receiving grant 
 funding'' shall be deemed to mean the jurisdiction in 
 which the victim lives or the jurisdiction in which the 
 employer of the domestic employee involved is located; 
 and
        (B) includes dating violence, as that term is 
 defined in such section.

    (2) Domestic employee.--The term ``domestic employee'' 
 means a domestic employee, as defined in 

section 3

    (b) , other 
 than an individual providing domestic services through a shared 
 living arrangement.

    (3) Employment benefits.--The term ``employment benefits'' 
 means all benefits provided or made available to a domestic 
 employee by the employer that employs the domestic employee, 
 including group life insurance, health insurance, disability 
 insurance, sick leave, annual leave, educational benefits, and 
 pensions, regardless of whether such benefits are provided by a 
 practice or written policy of an employer or through an 
 ``employee benefit plan'', as defined in 

section 3

    (3) of the 
 Employee Retirement Income Security Act of 1974 (29 U.S.C. 
 1002

    (3) ).

    (4) Health care provider.--The term ``health care 
 provider'' means a provider who--
        (A) is--
            (i) a doctor of medicine or osteopathy who 
 is authorized to practice medicine or surgery 
 (as appropriate) by the State in which the 
 doctor practices; or
            (ii) any other person determined by the 
 Secretary to be capable of providing health 
 care services; and
        (B) is not employed by the employer for whom the 
 provider issues certification under this section.

    (5) Paid sick time.--The term ``paid sick time'' means an 
 increment of compensated leave that can be earned by a domestic 
 employee for use during an absence from employment for any of 
 the reasons described in subparagraphs
        (A) through
            (D) of 
 subsection

    (b)

    (2) .

    (6) Sexual assault.--The term ``sexual assault'' has the 
 meaning given the term in 

section 40002

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

    (a) ).

    (7) Stalking.--The term ``stalking'' has the meaning given 
 the term in 

section 40002

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

    (a) ).

    (8) Victim services organization.--The term ``victim 
 services organization'' means a nonprofit, nongovernmental 
 organization that provides assistance to victims of domestic 
 violence, sexual assault, or stalking or advocates for such 
 victims, including a rape crisis center, an organization 
 carrying out a domestic violence, sexual assault, or stalking 
 prevention or treatment program, an organization operating a 
 shelter or providing counseling services, or a legal services 
 organization or other organization providing assistance through 
 the legal process.

    (b) Earned Paid Sick Time.--

    (1) Earning of time.--
        (A) In general.--An employer shall provide each 
 domestic employee employed by the employer not less 
 than 1 hour of earned paid sick time for every 30 hours 
 worked, to be used as described in paragraph

    (2) . An 
 employer shall not be required to permit a domestic 
 employee to earn, under this subsection, more than 56 
 hours of paid sick time in a calendar year, unless the 
 employer chooses to set a higher limit.
        (B) Dates for beginning to earn paid sick time and 
 use.--
            (i) In general.--A domestic employee--
            (I) shall begin to earn paid sick 
 time under this subsection at the 
 commencement of their employment; and
            (II) except as provided in clause
            (ii) , may use that earned paid sick 
 time in accordance with this 
 subsection.
            (ii) Waiting period for use of earned paid 
 sick time.--
            (I) In general.--Except as provided 
 in subclause
            (II) and subparagraph
        (F) , 
 a domestic employee may not use any 
 paid sick time earned under this 
 subsection before the day that is the 
 60th calendar day after commencement of 
 the domestic employee's employment.
            (II) Advance for sick time.--An 
 employer may--

    (aa) loan paid sick time to 
 a domestic employee employed by 
 the employer for use by such 
 domestic employee in advance of 
 the domestic employee earning 
 such sick time; and

    (bb) notwithstanding 
 subclause
            (I) , permit use of 
 earned sick time by a domestic 
 employee before the 60th day of 
 employment of the domestic 
 employee.
            (C) Carryover.--Paid sick time earned under this 
 subsection shall carry over from one year to the next.
            (D) Employers with existing policies.--Any employer 
 with a paid leave policy who makes available an amount 
 of paid leave that is sufficient to meet the 
 requirements of this subsection and that may be used 
 for the same purposes and under the same conditions as 
 the purposes and conditions outlined in paragraph

    (2) shall not be required to permit a domestic employee 
 employed by the employer to earn additional paid sick 
 time under this subsection.
        (E) Construction.--Nothing in this subsection shall 
 be construed as requiring financial or other 
 reimbursement to a domestic employee from an employer 
 upon the domestic employee's termination, resignation, 
 retirement, or other separation from employment with 
 the employer for earned paid sick time that has not 
 been used.
        (F) Reinstatement.--If a domestic employee is 
 separated from employment with an employer and is 
 rehired for employment, within 12 months after that 
 separation, by the same employer, the employer shall 
 reinstate the domestic employee's previously earned 
 paid sick time. Notwithstanding subparagraph
        (B)
            (ii) 
            (I) , the domestic employee shall be entitled to 
 use the earned paid sick time and earn additional paid 
 sick time at the recommencement of employment with the 
 employer.
        (G) Prohibition.--An employer may not require, as a 
 condition of providing paid sick time under this 
 subsection, that the domestic employee involved search 
 for or find a replacement to cover the hours during 
 which the domestic employee is using paid sick time.

    (2) Uses.--Paid sick time earned under this subsection may 
 be used by a domestic employee for any of the following:
        (A) An absence resulting from a physical or mental 
 illness, injury, or medical condition of the domestic 
 employee.
        (B) An absence resulting from obtaining 
 professional medical diagnosis or care, or preventive 
 medical care, for the domestic employee.
            (C) An absence for the purpose of caring for a 
 child, a parent, a spouse, a domestic partner, or any 
 other individual related by blood or affinity whose 
 close association with the domestic employee is the 
 equivalent of a family relationship, who--
            (i) has any of the conditions or needs for 
 diagnosis or care described in subparagraph
        (A) or
        (B) ;
            (ii) is required to attend--
            (I) in the case of someone who is a 
 child, a school meeting; or
            (II) a meeting at a place where the 
 child, parent, spouse, domestic 
 partner, or such other individual is 
 receiving care necessitated by a health 
 condition or disability of the child, 
 parent, spouse, domestic partner, or 
 such other individual.
            (iii) is in need of care and is typically 
 cared for by an individual who is unable to 
 provide care because the individual has any of 
 the conditions or needs for diagnosis or care 
 described in subparagraph
        (A) or
        (B) ; or
            (iv) is otherwise in need of care.
            (D) An absence resulting from domestic violence, 
 sexual assault, or stalking, if the time is to--
            (i) seek medical attention for the domestic 
 employee or a child, parent, spouse, domestic 
 partner, or another individual related to the 
 domestic employee as described in subparagraph
            (C) , to recover from physical or psychological 
 injury or disability caused by domestic 
 violence, sexual assault, or stalking;
            (ii) obtain or assist a child, a parent, a 
 spouse, a domestic partner, or such other 
 individual in obtaining services from a victim 
 services organization;
            (iii) obtain or assist a child, a parent, a 
 spouse, a domestic partner, or such other 
 individual in obtaining psychological or other 
 counseling;
            (iv) seek relocation; or
            (v) take legal action, including preparing 
 for or participating in any civil or criminal 
 legal proceeding related to or resulting from 
 domestic violence, sexual assault, or stalking.

    (3) Procedures.--
        (A) In general.--Paid sick time shall be provided 
 upon the oral or written request of a domestic 
 employee. Such request shall--
            (i) include the expected duration of the 
 period of such time; and
            (ii) be--
            (I) in a case in which the need for 
 such period of time is foreseeable at 
 least 7 days in advance of such period, 
 provided at least 7 days in advance of 
 such period; or
            (II) otherwise, provided as soon as 
 practicable after the domestic employee 
 is aware of the need for such period.
        (B) Certification in general.--
            (i) Provision.--
            (I) In general.--Subject to clause
            (iv) , an employer may require that a 
 request for paid sick time under this 
 subsection for a purpose described in 
 subparagraph
        (A) ,
        (B) , or
            (C) of 
 paragraph

    (2) be supported by a 
 certification issued by the health care 
 provider of the eligible domestic 
 employee or of an individual described 
 in paragraph

    (2)
            (C) , as appropriate, if 
 the period of such time covers more 
 than 3 consecutive workdays.
            (II) Timeliness.--The domestic 
 employee shall provide a copy of such 
 certification to the employer in a 
 timely manner, not later than 30 days 
 after the first day of the period of 
 time. The employer shall not delay the 
 commencement of the period of time on 
 the basis that the employer has not yet 
 received the certification.
            (ii) Sufficient certification.--A 
 certification provided under clause
            (i) shall 
 be sufficient if it states--
            (I) the date on which the period of 
 paid sick time will be needed;
            (II) the probable duration of the 
 period of time;
            (III) for purposes of paid sick 
 time under paragraph

    (2)
        (A) , a 
 statement that absence from work is 
 medically necessary;
            (IV) for purposes of such time 
 under paragraph

    (2)
        (B) , the dates on 
 which testing for a medical diagnosis 
 or care is expected to be given the 
 duration of such testing or care; and
            (V) for purposes of such time under 
 paragraph

    (2)
            (C) , in the case of time 
 to care for someone who is not a child, 
 a statement that care is needed for an 
 individual described in such paragraph, 
 and an estimate of the amount of time 
 that such care is needed for such 
 individual.
            (iii) Regulations.--The Secretary shall 
 prescribe regulations that shall specify the 
 manner in which a domestic employee who does 
 not have health insurance shall provide a 
 certification for purposes of this 
 subparagraph.
            (iv) Confidentiality and nondisclosure.--
            (I) Protected health information.--
 Nothing in this section shall be 
 construed to require a health care 
 provider to disclose information in 
 violation of 

section 1177 of the Social 
 Security Act (42 U.S.C. 1320d-6) or the 
 regulations promulgated pursuant to 
 

section 264
            (c) of the Health Insurance 
 Portability and Accountability Act of 
 1996 (42 U.S.C. 1320d-2 note).
            (II) Health information records.--
 If an employer possesses health 
 information about a domestic employee 
 or a domestic employee's child, parent, 
 spouse, or domestic partner or another 
 individual related to the domestic 
 employee as described in paragraph

    (2)
            (C) , such information shall--

    (aa) be maintained on a 
 separate form and in a separate 
 file from other personnel 
 information;

    (bb) be treated as a 
 confidential medical record; 
 and
            (cc) not be disclosed 
 except to the affected domestic 
 employee or with the permission 
 of the affected domestic 
 employee.
            (C) Certification in the case of domestic violence, 
 sexual assault, or stalking.--
            (i) In general.--An employer may require 
 that a request for paid sick time under this 
 subsection for a purpose described in paragraph

    (2)
            (D) be supported by a form of documentation 
 described in clause
            (ii) if the period of such 
 time covers more than 3 consecutive workdays.
            (ii) Form of documentation.--A form of 
 documentation described in this subparagraph is 
 any one of the following:
            (I) A police report indicating that 
 the domestic employee, or individual 
 described in paragraph

    (2)
            (D) , was a 
 victim of domestic violence, sexual 
 assault, or stalking.
            (II) A court order protecting or 
 separating the domestic employee, or 
 individual described in paragraph

    (2)
            (D) , from the perpetrator of an act 
 of domestic violence, sexual assault, 
 or stalking, or other evidence from the 
 court or prosecuting attorney that the 
 domestic employee, or individual 
 described in paragraph

    (2)
            (D) , has 
 appeared in court or is scheduled to 
 appear in court in a proceeding related 
 to domestic violence, sexual assault, 
 or stalking.
            (III) Other documentation signed by 
 an employee or volunteer working for a 
 victim services organization, an 
 attorney, a police officer, a medical 
 professional, a social worker, an 
 antiviolence counselor, or a member of 
 the clergy, affirming that the domestic 
 employee, or individual described in 
 paragraph

    (2)
            (D) , is a victim of 
 domestic violence, sexual assault, or 
 stalking.
            (iii) Requirements.--The requirements of 
 subparagraph
        (B) shall apply to certifications 
 under this paragraph, except that--
            (I) subclauses
            (III) through
            (V) of 
 clause
            (ii) of such subparagraph shall 
 not apply;
            (II) the certification shall state 
 the reason that the leave is required 
 with the facts to be disclosed limited 
 to the minimum necessary to establish a 
 need for the domestic employee to be 
 absent from work, and the domestic 
 employee shall not be required to 
 explain the details of the domestic 
 violence, sexual assault, or stalking 
 involved; and
            (III) with respect to 
 confidentiality under clause
            (iv) of 
 such subparagraph, any information 
 provided to the employer under this 
 subparagraph shall be confidential, 
 except to the extent that any 
 disclosure of such information is--

    (aa) requested or consented 
 to in writing by the domestic 
 employee; or

    (bb) otherwise required by 
 applicable Federal or State 
 law.
            (iv) Specification of documentation.--An 
 employer may not specify which of the forms of 
 documentation described in subclause
            (I) ,
            (II) , 
 or
            (III) of clause
            (ii) is required to be 
 provided in order to satisfy the requirement 
 under clause
            (i) .
            (c) Construction and Application.--

    (1) Effect on other laws.--
        (A) Federal and state anti-discrimination laws.--
 Nothing in this section shall be construed to modify or 
 affect any Federal or State law prohibiting 
 discrimination on the basis of race, religion, color, 
 national origin, sex (including sexual orientation and 
 gender identity), age, disability, marital status, 
 familial status, or any other protected status.
        (B) State and local laws.--Nothing in this section 
 shall be construed to supersede (including preempting) 
 any provision of any State or local law that provides 
 greater paid sick time or leave rights (including 
 greater amounts of paid sick time or leave or greater 
 coverage of those eligible for paid sick time or leave) 
 than the rights established under this section.

    (2) Effect on existing employment benefits.--
        (A) More protective.--Nothing in this section shall 
 be construed to diminish the obligation of an employer 
 to comply with any contract, collective bargaining 
 agreement, or employment benefit program or plan that 
 provides greater paid sick leave or other leave rights 
 to domestic employees or other individuals than the 
 rights established under this section.
        (B) Less protective.--The rights established for 
 domestic employees under this section shall not be 
 diminished by any contract, any collective bargaining 
 agreement, or any employment benefit program or plan.
            (d) Effective Date.--This section, other than subsection

    (b)

    (4)
        (B)
            (iii) , takes effect 2 years after the date of enactment of 
this Act.

SEC. 112. FAIR SCHEDULING PRACTICES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Covered domestic employee.--The term ``covered domestic 
 employee'' has the meaning given the term in 

section 110

    (a) .

    (2) Scheduled work hours.--The term ``scheduled work 
 hours'' means the hours on a specified day during which a 
 domestic employee is, through a written agreement or schedule, 
 required by the employer of the domestic employee to perform 
 domestic services for the employer and for which the domestic 
 employee will receive compensation for such services.

    (b) Requirement for Notice of Covered Domestic Employee.--In the 
case of a covered domestic employee of an employer, the employer shall 
provide the covered domestic employee notice of the scheduled work 
hours of such employee through--

    (1) a written agreement described in subclause
            (I) of 
 

section 110
            (d) (1)
        (F)
            (iv) regarding a schedule of the time of 
 day and the days of the week the covered domestic employee is 
 expected to work for the employer each week; or

    (2) a schedule agreed upon by the employer and the covered 
 domestic employee provided in the amount of time specified in 
 accordance with a written agreement described in subclause
            (II) of such section, regarding a good faith estimate of the time of 
 day and the days of the week that the covered domestic employee 
 is expected to work for the employer.
            (c) Requirements for Changes to Scheduled Work Hours and Reporting 
Time Pay.--An employer shall--

    (1) communicate in writing (which may be in an electronic 
 form) any change to the scheduled work hours of each domestic 
 employee of the employer, including any on-call shifts, not 
 less than 72 hours before the domestic employee is scheduled to 
 begin work; and

    (2) pay each domestic employee of the employer--
        (A) the regular rate of pay of the domestic 
 employee for any scheduled work hours the domestic 
 employee does not work due to the employer canceling or 
 reducing the scheduled work hours of the domestic 
 employee after the domestic employee arrives to work 
 for the scheduled work hours; or
        (B) at a rate of \1/2\ of the regular rate of pay 
 of the domestic employee for any scheduled work hours 
 the domestic employee does not work due to the employer 
 canceling or reducing the scheduled work hours of the 
 domestic employee at a time that is less than 72 hours 
 prior to the commencement of such scheduled work hours, 
 unless the employer--
            (i) is an individual with a disability 
 relying on the domestic employee for disability 
 supports and services (or an employer 
 supporting an individual with a disability); 
 and
            (ii) requests the domestic employee to 
 consent to work alternative, equivalent 
 scheduled work hours within a 7-day period and 
 the employee consents to work such alternative, 
 equivalent hours.
            (d) Right To Decline Schedule Changes.--

    (1) In general.--If an employer intends to schedule a 
 covered domestic employee for work during hours that are 
 identified as hours in which the employee can typically expect 
 to be scheduled as off from work in accordance with the written 
 agreement under 

section 110
            (d) (1)
        (F)
            (iv) 
            (I) or are identified 
 as hours outside of the good faith estimate under 

section 110
            (d) (1)
        (F)
            (iv) 
            (II) 
            (cc) , the employer shall obtain the written 
 consent of the covered domestic employee to work such hours 
 prior to the commencement of such work.

    (2) Consent.--A covered domestic employee may provide 
 written consent under paragraph

    (1) in an electronic format.

    (e) Exceptions.--

    (1) In general.--Notwithstanding any provision in this 
 section, the requirements under subsection
            (c) shall not 
 apply--
        (A) during any period in which the operations of 
 the employer cannot begin or continue due to--
            (i) a fire, flood, or other natural 
 disaster;
            (ii) a major disaster or emergency declared 
 by the President under 

section 401 or 501, 
 respectively, of the Robert T. Stafford 
 Disaster Relief and Emergency Assistance Act 
 (42 U.S.C. 5170, 5191) or a state of emergency 
 declared by a Governor of a State or chief 
 official of a unit of local government; or
            (iii) a severe weather condition that poses 
 a threat to employee safety; or
        (B) in a case in which--
            (i) the domestic employee voluntarily 
 requested in writing a change to the scheduled 
 work hours of the employee; or
            (ii) the employer changes the scheduled 
 work hours of a domestic employee due to--
            (I) a medical emergency requiring 
 the emergency medical treatment or 
 hospitalization of the individual for 
 whom the domestic employee is 
 performing domestic services or a 
 child, a parent, a spouse, or a 
 domestic partner of such individual or 
 any other individual related by blood 
 or affinity whose close association 
 with such individual is the equivalent 
 of a family relationship; or
            (II) the risk of contagion or a 
 quarantine requirement related to a 
 public health emergency declared under 
 

section 319 of the Public Health 
 Service Act (42 U.S.C. 247d).

    (2) Shared living arrangement.--Notwithstanding any 
 provision in this section, the requirements under this section 
 shall not apply to a shared living arrangement.

    (f) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 113. RIGHT TO REQUEST AND RECEIVE TEMPORARY CHANGES TO SCHEDULED 
 WORK HOURS DUE TO PERSONAL EVENTS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Covered domestic employee.--The term ``covered domestic 
 employee'' has the meaning given the term in 

section 110

    (a) .

    (2) Domestic violence.--The term ``domestic violence'' has 
 the meaning given the term in 

section 111

    (a) .

    (3) Personal event.--The term ``personal event'', with 
 respect to a covered domestic employee, means--
        (A) an event resulting in the need of the covered 
 domestic employee to serve as a caregiver for an 
 individual related to the covered domestic employee by 
 blood or affinity or whose close association with the 
 covered domestic employee is the equivalent of a family 
 relationship;
        (B) an event resulting from the obligation of a 
 covered domestic employee to attend a legal proceeding 
 or hearing for subsistence benefits, including benefits 
 under the Supplemental Nutrition Assistance Program 
 established under the Food and Nutrition Act of 2008 (7 
 U.S.C. 2011 et seq.) or under a State program for 
 Temporary Assistance for Needy Families established 
 under part A of title IV of the Social Security Act (42 
 U.S.C. 601 et seq.), to which the employee, or an 
 individual related to the employee as described in 
 subparagraph
        (A) , is a party or witness; or
            (C) any circumstance that would constitute a basis 
 for permissible use of safe time or family, medical, or 
 sick leave, as determined based on the policy of the 
 employer of the covered domestic employee.

    (4) Safe time.--The term ``safe time'', with respect to a 
 covered domestic employee, means an absence from work of the 
 employee resulting from domestic violence, sexual assault, or 
 stalking, if the absence is to--
        (A) seek medical attention for the employee or a 
 child, parent, spouse, or domestic partner of the 
 employee, or any other individual related to the 
 employee by blood or affinity whose close association 
 with the employee is the equivalent of a family 
 relationship, in order to recover from physical or 
 psychological injury or disability caused by domestic 
 violence, sexual assault, or stalking;
        (B) obtain, or assist a child, parent, spouse, 
 domestic partner, or other individual described in 
 subparagraph
        (A) in obtaining, services from a victim 
 services organization;
            (C) obtain, or assist a child, parent, spouse, 
 domestic partner, or other individual described in 
 subparagraph
        (A) in obtaining, psychological or other 
 counseling;
            (D) seek relocation for the employee or a child, 
 parent, spouse, domestic partner, or other individual 
 described in subparagraph
        (A) ; or
        (E) take legal action, including preparing for or 
 participating in any civil or criminal legal proceeding 
 related to or resulting from domestic violence, sexual 
 assault, or stalking, of the employee or a child, 
 parent, spouse, domestic partner, or other individual 
 described in subparagraph
        (A) .

    (5) Scheduled work hours.--The term ``scheduled work 
 hours'' has the meaning given such term in 

section 112

    (a) , 
 except that references in such section to the term ``domestic 
 employee'' shall be deemed to be a reference to the term 
 ``covered domestic employee''.

    (6) Sexual assault; stalking.--The terms ``sexual assault'' 
 and ``stalking'' have the meanings given such terms in 

section 111

    (a) .

    (7) Temporary change.--The term ``temporary change'', with 
 respect to a change in the scheduled work hours of a covered 
 domestic employee, means a limited alteration in the hours or 
 dates that, or locations where, a employee is scheduled to 
 work, including such an alteration involving using paid time 
 off, trading work hours with another individual, shifting work 
 hours, or using short-term unpaid leave.

    (b) Request.--

    (1) In general.--In accordance with this subsection, for 
 each calendar year, an employer shall, upon request of a 
 covered domestic employee of the employer, grant to the covered 
 domestic employee not less than--
        (A) 2 requests for a temporary change, covering not 
 more than 1 workday per request, to the scheduled work 
 hours of the employee due to a personal event; or
        (B) 1 request for a temporary change, covering not 
 more than 2 workdays, to the scheduled work hours of 
 the employee due to a personal event.

    (2) Notification of request.--
        (A) In general.--A covered domestic employee who 
 requests a temporary change to the scheduled work hours 
 of the employee due to a personal event under this 
 subsection shall--
            (i) notify the employer or direct 
 supervisor of such employee, as soon as the 
 employee becomes aware of the need for the 
 temporary change and inform the employer or 
 supervisor that the change is due to a personal 
 event; and
            (ii) unless the employee seeks leave 
 without pay, make a proposal regarding how the 
 covered domestic employee will make the 
 temporary change to the scheduled work hours of 
 the employee (such as by using the any earned 
 paid time off of the domestic employee or by 
 trading work hours).
        (B) Format of notification.--A notification under 
 subparagraph
        (A)
            (i) need not be in writing.
            (c) Effective Date.--This section shall take effect on the date 
that is 2 years after the date of enactment of this Act.

SEC. 114. PRIVACY.

    (a) In General.--An employer shall not--

    (1) monitor or record a domestic employee of the employer 
 while such domestic employee is--
        (A) using restroom or bathing facilities;
        (B) in the private living quarters of the employee; 
 or
            (C) engaging in any activities associated with the 
 dressing, undressing, or changing of clothes of the 
 employee;

    (2) subject to subsection

    (b) , restrict or interfere with, 
 or monitor, the private communications of such domestic 
 employee; or

    (3) take possession of any documents or other personal 
 effects of such domestic employee.

    (b) Private Communications.--An employer may--

    (1) restrict, interfere with, or monitor the private 
 communications of a domestic employee of the employer if the 
 employer has a reasonable belief that such communications 
 significantly interfere with the domestic employee's 
 performance of expected duties; and

    (2) establish reasonable restrictions on the private 
 communications of the domestic employee while such employee is 
 performing domestic services for the employer.
            (c) Relation to Other Laws.--This section shall not preclude 
liability under any other law.
            (d) Definition of Private Communications.--In this section, the 
term ``private communications'' means any communication through 
telephone or internet services, including sending and receiving 
communications by text message, social media, electronic mail, and 
telephone, with an entity or individual other than the employer.

SEC. 115. BREAKS FOR MEALS AND REST.

    (a) Meal Breaks.--

    (1) In general.--Except as provided in subsection
            (c) , an 
 employer shall not require a domestic employee to work more 
 than 5 hours for such employer without an uninterrupted meal 
 break of not less than 30 minutes. The number of hours worked 
 by a domestic employee for purposes of this paragraph shall be 
 calculated without regard to any rest break the employee takes 
 and to which the employee has a right under subsection

    (b) .

    (2) Rate of pay.--An employer shall pay a domestic employee 
 for a meal break under paragraph

    (1) at the regular rate of pay 
 of the domestic employee unless the domestic employee is 
 relieved of all duty for not less than 30 minutes during the 
 meal break and is permitted to leave the work site during such 
 break.

    (3) Paid meal break.--Except as provided in subsection
            (c) , 
 for any paid meal break required under paragraph

    (1) , an 
 employer shall--
        (A) provide a reasonable opportunity for a domestic 
 employee of the employer to take such break for a 
 period of uninterrupted time that is not less than 30 
 minutes; and
        (B) not impede or discourage such a domestic 
 employee from taking such meal break.

    (b) Rest Breaks.--

    (1) In general.--Except as provided in subsection
            (c) , for 
 every 4 hours of work that a domestic employee is scheduled to 
 perform for the employer, the employer shall allow the employee 
 a rest break of not less than 10 uninterrupted minutes in which 
 the domestic employee is relieved of all duties related to 
 providing domestic services to the employer. The employer shall 
 allow such rest break to occur during the first 3 hours of 
 consecutive work performed by the employee for the employer.

    (2) Rate of pay.--An employer shall pay a domestic employee 
 for all rest breaks under paragraph

    (1) at the regular rate of 
 pay of the employee. The employer shall not impede or 
 discourage a domestic employee from taking such breaks.
            (c) Exceptions.--

    (1) In general.--Subject to paragraph

    (2)
        (B) , a domestic 
 employee may not have the right to a meal break under 
 subsection

    (a) , or a rest break under subsection

    (b) , in a case 
 in which the safety of an individual under the care of the 
 domestic employee prevents the domestic employee from taking 
 such break.

    (2) On-duty breaks.--
        (A) Definition of on-duty.--In this subsection, the 
 term ``on-duty break'', with respect to a meal break 
 under subsection

    (a) or a rest break under subsection

    (b) , means a break in which the domestic employee--
            (i) is not relieved of all duties of the 
 employee for the employer; and
            (ii) may, to the extent possible given the 
 duties of the domestic employee for the 
 employer, engage in personal activities, such 
 as resting, eating a meal, drinking a beverage, 
 making a personal telephone call, or making 
 other personal choices.
        (B) Authorization.--In a case described in 
 paragraph

    (1) , the domestic employee may still take an 
 on-duty meal or rest break under subsection

    (a) or

    (b) , 
 respectively, if--
            (i) the nature of the work prevents a 
 domestic employee from being relieved of all 
 duties required of the domestic employee for 
 the employer; and
            (ii) the domestic employee and the employer 
 agree to such an on-duty meal or rest break in 
 a written agreement, which shall include a 
 provision allowing the domestic employee to, in 
 writing, revoke the agreement at any time.
            (C) Rate of pay.--An employer shall compensate a 
 domestic employee for the time of an on-duty meal or 
 rest break under this paragraph at the regular rate of 
 pay of the employee for the employer.

    (3) Shared living arrangement.--The requirements under this 
 section shall not apply in the case of a shared living 
 arrangement.

SEC. 116. UNFAIR WAGE DEDUCTIONS FOR CASH SHORTAGES, BREAKAGES, LOSS, 
 OR MODES OF COMMUNICATION.

    (a) In General.--An employer may not make any deduction from the 
wage of, or require any reimbursement from, a domestic employee of the 
employer for--

    (1) any cash shortage of the employer; or

    (2) breakage or loss of the employer's equipment or other 
 belongings.

    (b) Communications.--An employer may not make any deduction from 
the wage of, or otherwise penalize, a domestic employee of the employer 
for communicating with a consumer of domestic services directly as 
opposed to communicating through an application or other messaging 
service provided by an on-demand platform or otherwise required by the 
employer.
            (c) Violation.--Any deduction or reimbursement in violation of 
subsection

    (a) or

    (b) shall be deemed an unpaid wage for purposes of 
enforcement under 

section 118, and the domestic employee shall have the 
right to recover such wage in accordance with such section.

SEC. 117. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any person 
to interfere with, restrain, coerce, or deny any other person the 
exercise of, or the attempt to exercise, any right provided under this 
subtitle, including--

    (1) discharging or in any manner discriminating against 
 (including retaliating against) any domestic employee for--
        (A) exercising, or attempting to exercise, any 
 right provided under this subtitle; or
        (B) engaging in concerted activities for the 
 purpose of collective bargaining or other mutual aid or 
 protection, regardless of whether such activities are 
 with domestic employees of different employers or 
 domestic employees at different worksites; and

    (2) discriminating against any domestic employee by using 
 the exercise of a right provided under this subtitle as a 
 negative factor in an employment action, such as an action 
 involving hiring, promotion, or changing work hours or number 
 of shifts, or a disciplinary action.

    (b) Retaliation Protection.--It shall be unlawful for any employer 
to discharge, demote, suspend, reduce the work hours of, take any other 
adverse employment action against, threaten to take an adverse 
employment action against, or in any other manner discriminate against 
a domestic employee with respect to compensation, terms, conditions, or 
privileges of employment because the domestic employee (or any person 
acting pursuant to the request of the domestic employee), whether at 
the initiative of the domestic employee or in the ordinary course of 
the domestic employee's duties--

    (1) opposes any practice made unlawful under this subtitle;

    (2) asserts any claim or right under this subtitle;

    (3) assists a domestic employee in asserting such claim or 
 right;

    (4) informs any domestic employee about this subtitle;

    (5) requests a change to the written agreement described in 
 

section 110;

    (6) requests a change in scheduled work hours described in 
 

section 112, or any other schedule change, without regard to 
 the eligibility of such domestic employee to receive any such 
 change;

    (7) participates as a member of, or takes an action 
 described in paragraph

    (8) with respect to, the Domestic 
 Employee Standards Board described in 

section 201;

    (8)
        (A) files an action, or institutes or causes to be 
 instituted any proceeding, under or related to this subtitle;
        (B) gives, or is about to give, any information in 
 connection with any inquiry or proceeding relating to any right 
 provided under this subtitle; or
            (C) testifies, or is about to testify, in any inquiry or 
 proceeding relating to any right provided under this subtitle; 
 and

    (9) engages in concerted activities for the purpose of 
 collective bargaining or other mutual aid or protection, 
 regardless of whether such activities are with domestic 
 employees of different employers or domestic employees at 
 different worksites.
            (c) Immigration-Related Actions as Discrimination.--For purposes of 
subsections

    (a) and

    (b) , discrimination with respect to compensation, 
terms, conditions, or privileges of employment occurs if a person 
undertakes any of the following activities (unless such activity is 
legal conduct undertaken at the express and specific direction or 
request of the Federal Government):

    (1) Reporting or threatening to report the citizenship or 
 immigration status of a domestic employee or the suspected 
 citizenship or immigration status of a family member of such an 
 individual, to a Federal, State, or local agency.

    (2) Requesting more or different documents than those 
 required under 

section 274A

    (b) of the Immigration and 
 Nationality Act (8 U.S.C. 1324a

    (b) ), or refusing to honor 
 documents that on their face appear to be genuine.

    (3) Using the Federal E-Verify system to check employment 
 status in a manner not required under 

section 274A

    (b) of the 
 Immigration and Nationality Act (8 U.S.C. 1324a

    (b) ) or any 
 memorandum governing use of the E-Verify system.

    (4) Filing or threatening to file a false police report 
 relating to the immigration status of a domestic employee or a 
 family member of a domestic employee.

    (5) Contacting or threatening to contact immigration 
 authorities relating to the immigration status of a domestic 
 employee or a family member of a domestic employee.
            (d) Presumption of Retaliation.--

    (1) In general.--For the purposes of subsections

    (a) and

    (b) , proof that a person discharged an individual or 
 discriminated against an individual with respect to 
 compensation, terms, conditions, or privileges of employment, 
 within 90 days of the individual involved asserting any claim 
 or right under this subtitle, or assisting any other individual 
 in asserting such a claim or right, shall raise a presumption 
 that the discharge or discrimination was in retaliation as 
 prohibited under subsection

    (a) or

    (b) , as the case may be.

    (2) Rebuttal.--The presumption under paragraph

    (1) may be 
 rebutted by clear and convincing evidence that such discharge 
 or discrimination was taken for another permissible reason.

SEC. 118. ENFORCEMENT AUTHORITY.

    (a) In General.--

    (1) Application.--In this subsection--
        (A) the term ``domestic employee'' means a domestic 
 employee described in subsection

    (e)

    (1)
        (A) ; and
        (B) the term ``employer'' means an employer 
 described in clause
            (i) or
            (ii) of subparagraph
        (A) and 
 subparagraph
        (B) of subsection

    (e)

    (2) .

    (2) Investigative authority.--
        (A) In general.--To ensure compliance with the 
 provisions of this subtitle, or any regulation or order 
 issued under this subtitle, the Secretary shall have 
 the investigative authority provided under 

section 11

    (a) of the Fair Labor Standards Act of 1938 (29 
 U.S.C. 211

    (a) ), with respect to employers, domestic 
 employees, and other individuals affected.
        (B) Obligation to keep and preserve records.--An 
 employer shall make, keep, and preserve records 
 pertaining to compliance with this subtitle in 
 accordance with 

section 11
            (c) of the Fair Labor 
 Standards Act of 1938 (29 U.S.C. 211
            (c) ) and in 
 accordance with regulations prescribed by the 
 Secretary.
            (C) Required submissions generally limited to an 
 annual basis.--The Secretary shall not require under 
 this paragraph an employer to submit to the Secretary 
 any books or records more than once during any 12-month 
 period, unless the Secretary--
            (i) has reasonable cause to believe there 
 may exist a violation of this subtitle, 
 including any regulation or order issued under 
 this subtitle; or
            (ii) is investigating a charge under 
 paragraph

    (4) .
            (D) Subpoena authority.--For the purposes of any 
 investigation under this paragraph, the Secretary shall 
 have the subpoena authority provided under 

section 9 of 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 209).

    (3) Civil action by domestic employees.--
        (A) Right of action.--An action to recover the 
 damages or equitable relief prescribed in subparagraph
        (B) may be maintained against an employer by one or 
 more domestic employees, or a representative for and on 
 behalf of the domestic employees and any other domestic 
 employees that may be similarly situated.
        (B) Liability.--An employer that violates this 
 subtitle shall be liable to a domestic employee 
 aggrieved by the violation, except as provided in 
 subparagraphs
            (C) and
            (D) , for--
            (i) damages equal to--
            (I) the amount of--

    (aa) any wages, salary, 
 employment benefits, or other 
 compensation denied or lost by 
 reason of the violation; or

    (bb) in a case in which 
 wages, salary, employment 
 benefits, or other compensation 
 have not been denied or lost, 
 any actual monetary losses 
 sustained, or the costs 
 reasonably related to damage to 
 or loss of property, or any 
 other injury to the person, 
 reputation, character, or 
 feelings, sustained by a 
 domestic employee as a direct 
 result of the violation, or any 
 injury to another person 
 sustained as a direct result of 
 the violation, by the employer;
            (II) the interest on the amount 
 described in subclause
            (I) calculated 
 at the prevailing rate;
            (III) an additional amount as 
 liquidated damages; and
            (IV) such other legal relief as may 
 be appropriate;
            (ii) such equitable relief as may be 
 appropriate, including employment, 
 reinstatement, and promotion; and
            (iii) a reasonable attorney's fee, 
 reasonable expert witness fees, and other costs 
 of the action.
            (C) Meal and rest breaks.--In the case of a 
 violation of 

section 115, an employer involved shall be 
 liable under subparagraph
        (B) --
            (i) for the amount of damages described in 
 subclauses
            (I) ,
            (II) , and
            (III) of subparagraph
        (B)
            (i) ; and
            (ii) under subparagraph
        (B)
            (i) 
            (IV) , for 
 each such violation, for an amount equal to 1 
 hour of pay at the domestic employee's regular 
 rate of compensation (but not more than 2 hours 
 of such pay for each workday for which the 
 employer is in violation of such section).
            (D) Written agreements.--In the case of a violation 
 of 

section 110, the employer involved shall be liable, 
 under subparagraph
        (B)
            (i) 
            (I) , for an amount equal to 
 $5,000.
        (E) Venue.--An action under this paragraph may be 
 maintained in any Federal or State court of competent 
 jurisdiction.

    (4) Action by the secretary.--
        (A) Administrative action.--
            (i) In general.--Subject to clause
            (ii) , 
 and subparagraphs
            (C) and
            (D) of paragraph

    (3) , 
 the Secretary shall receive, investigate, and 
 attempt to resolve complaints of violations of 
 this subtitle in the same manner that the 
 Secretary receives, investigates, and attempts 
 to resolve complaints of violations of sections 
 6, 7, and 15

    (a)

    (3) of the Fair Labor Standards 
 Act of 1938 (29 U.S.C. 206, 207, and 
 215

    (a)

    (3) ), including the Secretary's authority 
 to supervise payment of wages and compensation 
 under 

section 16
            (c) of the Fair Labor Standards 
 Act of 1938 (29 U.S.C. 216
            (c) ).
            (ii) Violations generally.--The Secretary 
 may assess a civil penalty against an employer 
 that violates any section of this subtitle--
            (I) of not more than $15,000 for 
 any first violation of any such section 
 by such employer; and
            (II) of not more than $25,000 for 
 any subsequent violation of any such 
 section by such employer.
        (B) Administrative review.--Any aggrieved 
 dislocated employee who takes exception to an order 
 issued by the Secretary under subparagraph
        (A) may 
 request review of and a decision regarding such order 
 by an administrative law judge. In reviewing the order, 
 the administrative law judge may hold an administrative 
 hearing concerning the order, in accordance with the 
 requirements of sections 554, 556, and 557 of title 5, 
 United States Code. Such hearing shall be conducted 
 expeditiously. If no aggrieved dislocated employee 
 requests such review within 60 days after the order is 
 issued under subparagraph
        (A) , the order shall be 
 considered to be a final order that is not subject to 
 judicial review.
            (C) Civil action.--The Secretary may bring an 
 action in any court of competent jurisdiction to 
 recover amounts described in paragraph

    (3)
        (B) on behalf 
 of a domestic employee aggrieved by a violation of this 
 subtitle.
            (D) Sums recovered.--
            (i) In general.--Any sums recovered by the 
 Secretary under subparagraph
            (C) shall be held 
 in a special deposit account and shall be paid, 
 on order of the Secretary, directly to each 
 domestic employee aggrieved by the violation 
 for which the action was brought. Any such sums 
 not paid to a domestic employee because of 
 inability to do so within a period of 3 years 
 shall be deposited into the Treasury of the 
 United States as a miscellaneous receipt.
            (ii) Civil penalty.--Any sums recovered by 
 the Secretary under subparagraph
        (A)
            (ii) shall 
 be deposited into the general fund of the 
 Treasury of the United States as a 
 miscellaneous receipt.

    (5) Limitation.--
        (A) In general.--Except as provided in subparagraph
        (B) , an action may be brought under paragraph

    (3) ,

    (4) , 
 or

    (6) not later than 2 years after the date of the 
 last event constituting the alleged violation for which 
 the action is brought.
        (B) Willful violation.--In the case of an action 
 brought for a willful violation of this subtitle, such 
 action may be brought not later than 3 years after the 
 date of the last event constituting the alleged 
 violation for which such action is brought.
            (C) Commencement.--An action shall be considered 
 commenced under paragraph

    (3) ,

    (4) , or

    (6) for the 
 purposes of this paragraph on the date on which the 
 complaint is filed under such paragraph

    (3) ,

    (4) , or

    (6) .

    (6) Action for injunction.--The district courts of the 
 United States together with the District Court of the Virgin 
 Islands and the District Court of Guam shall have jurisdiction, 
 for cause shown, in an action brought by a domestic employee or 
 the Secretary--
        (A) to restrain violations of this subtitle, 
 including the withholding of a written agreement from a 
 domestic employee as required under 

section 110, or of 
 any withholding of payment of wages, salary, employment 
 benefits, or other compensation, plus interest, found 
 by the court to be due to a domestic employee under 
 this subtitle; or
        (B) to award such other equitable relief as may be 
 appropriate, including employment, reinstatement, and 
 promotion, for a violation of this subtitle.

    (7) Solicitor of labor.--The Solicitor of Labor may appear 
 for and represent the Secretary on any litigation brought under 
 paragraph

    (4) or

    (6) .

    (8) Government accountability office and library of 
 congress.--Notwithstanding any other provision of this 
 subsection, in the case of the Government Accountability Office 
 and the Library of Congress, the authority of the Secretary of 
 Labor under this subsection shall be exercised respectively by 
 the Comptroller General of the United States and the Librarian 
 of Congress.

    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in 

section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of 

section 202

    (a)

    (1) of that Act (2 U.S.C. 
1312

    (a)

    (1) ) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this subtitle against a domestic employee 
described in subsection

    (e)

    (1)
        (B) .
            (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of 

section 412

    (a)

    (1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, alleging an unlawful employment practice in violation of 
this subtitle against a domestic employee described in subsection

    (e)

    (1)
            (C) .
            (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against a domestic 
employee described in subsection

    (e)

    (1)
            (D) .

    (e) 

=== Definition. ===
-In 

section 117 and this section:

    (1) Domestic employee.--Notwithstanding 

section 3, the term 
 ``domestic employee'' means--
        (A) a domestic employee (as defined in such 
 section) who is employed by an employer described in 
 clause
            (i) or
            (ii) of subparagraph
        (A) and subparagraph
        (B) of paragraph

    (2) for the performance of domestic 
 services;
        (B) a domestic employee (as defined in such 
 section) who is employed by an employer described in 
 subparagraphs
        (A)
            (iii) and
        (B) of paragraph

    (2) for the 
 performance of domestic services;
            (C) a domestic employee (as defined in such 
 section) who is employed by an employer described in 
 subparagraphs
        (A)
            (iv) and
        (B) of paragraph

    (2) for the 
 performance of domestic services; and
            (D) a domestic employee (as defined in such 
 section) who is employed by an employer described in 
 subparagraphs
        (A)
            (v) and
        (B) of paragraph

    (2) for the 
 performance of domestic services.

    (2) Employer.--Notwithstanding 

section 3, the term 
 ``employer'' means a person who is--
        (A)
            (i) an employer, as defined in 

section 3 of the 
 Fair Labor Standards Act of 1938 (29 U.S.C. 203), who 
 is not covered under another clause of this 
 subparagraph;
            (ii) an entity employing a State employee described 
 in 

section 304

    (a) of the Government Employee Rights Act 
 of 1991;
            (iii) an employing office, as defined in 

section 101 of the Congressional Accountability Act of 1995;
            (iv) an employing office, as defined in 

section 411
            (c) of title 3, United States Code; or
            (v) an employing agency covered under subchapter V 
 of chapter 63 of title 5, United States Code; and
        (B) engaged in commerce or the production of goods 
 for commerce or is an enterprise engaged in commerce or 
 in the production of goods for commerce.

SEC. 119. EFFECT ON EXISTING EMPLOYMENT BENEFITS AND OTHER LAWS.

    (a) In General.--Nothing in this subtitle shall--

    (1) supersede a provision in a collective bargaining 
 agreement; or

    (2) be construed to diminish the obligation of an employer 
 to comply with any contract, collective bargaining agreement, 
 or employment benefit program or plan that provides greater 
 rights or benefits to domestic employees than the rights 
 established under this Act.

    (b) Other Laws.--Nothing in this subtitle shall--

    (1) affect the obligation of an employer to provide a 
 reasonable accommodation in the form of a change to the work 
 schedule of a domestic employee required under any other law, 
 or to otherwise comply with any other law;

    (2) preempt, limit, or otherwise affect the applicability 
 of any State or local law that provides comparable or superior 
 benefits for domestic employees to the requirements under this 
 subtitle; or

    (3) diminish the rights, privileges, or remedies of any 
 domestic employee under any Federal or State law or under any 
 collective bargaining agreement.
            (c) No Waivers.--The rights and remedies in this subtitle may not 
be waived by a domestic employee through any agreement, policy, or 
form, or as a condition of employment.

 Subtitle C--Amendment to Title VII of the Civil Rights Act of 1964

SEC. 131. INCLUDING CERTAIN DOMESTIC EMPLOYEES IN CIVIL RIGHTS 
 PROTECTIONS AGAINST DISCRIMINATION IN EMPLOYMENT.

 

Section 701

    (b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e

    (b) ) 
is amended by striking ``but'' and inserting ``and a person who employs 
a domestic employee (as defined in 

section 3

    (b)

    (6) of the Domestic 
Worker Bill of Rights Act of 2024), but''.

 TITLE II--STANDARDS BOARD AND BENEFITS

SEC. 201. DOMESTIC EMPLOYEE STANDARDS BOARD.

    (a) Establishment and 

=== Purposes ===
-The Secretary shall establish a 
board to be known as the ``Domestic Employee Standards Board'' 
(referred to in this section as the ``Board'') to investigate standards 
in the domestic employees industry and issue recommendations to the 
Secretary under subsection

    (e)

    (1) , in order to promote the health, 
safety, and well-being of domestic employees.

    (b) Membership.--

    (1) Composition.--The Board shall be composed of 11 
 members, of which--
        (A) 5 shall be individuals, appointed by the 
 Secretary in accordance with paragraph

    (2) , 
 representing domestic employees;
        (B) 5 shall be individuals, appointed by the 
 Secretary in accordance with paragraph

    (3) , 
 representing employers of domestic employees; and
            (C) 1 shall be an individual appointed by the 
 Secretary who is an expert on the domestic services 
 sector and who is from academia, the nonprofit sector, 
 or a Federal, State, or local governmental agency.

    (2) Domestic employees seats.--
        (A) In general.--The Secretary shall appoint 
 members of the Board representing domestic employees 
 from among individuals nominated under subparagraph
        (B) by eligible employee organizations.
        (B) Selection of eligible employee organizations.--
 The Secretary shall enter into agreements, on a 
 competitive basis, with eligible employee organizations 
 for such organizations to nominate individuals to serve 
 as members of the Board representing domestic 
 employees.
            (C) Selecting individuals on the board.--For each 
 individual nominated under subparagraph
        (B) , the 
 Secretary shall submit a report to Congress indicating 
 whether the Secretary has decided to appoint the 
 individual to the Board and the reasons for such 
 decision.
            (D) Definition of eligible employee organization.--
 In this paragraph, the term ``eligible employee 
 organization'' means an organization that--
            (i) is not an employer of a domestic 
 employee or an employment agency;
            (ii) represents members of the 
 organization, including domestic employees;
            (iii) 
            (I) is described in paragraph

    (3) ,

    (4) , or

    (5) of 

section 501
            (c) of the Internal 
 Revenue Code of 1986, and exempt from taxation 
 under 

section 501

    (a) of such Code; and
            (II) is organized and operated for the 
 betterment of employees, including domestic 
 employees;
            (iv) engages in public advocacy to promote 
 the health and well-being of domestic 
 employees;
            (v) has a governing structure that promotes 
 the decisionmaking power of domestic employees; 
 and
            (vi) submits an application to the 
 Secretary at such time, in such manner, and 
 containing such information as the Secretary 
 may reasonably require.

    (3) Employer seats.--
        (A) In general.--The Secretary shall appoint 
 members of the Board representing employers of domestic 
 employees from among individuals nominated by eligible 
 hiring organizations under subparagraph
        (B) .
        (B) Selection of eligible hiring organizations.--
 The Secretary shall enter into agreements on a 
 competitive basis with eligible hiring organizations 
 for such organizations to nominate individuals to serve 
 as members of the Board representing employers of 
 domestic employees.
            (C) Selecting individuals on the board.--
            (i) In general.--For each individual 
 nominated under subparagraph
        (B) , the Secretary 
 shall submit a report to Congress indicating 
 whether the Secretary has decided to appoint 
 the individual to the Board and the reasons for 
 such decision.
            (ii) Requirements for appointments.--The 
 Secretary shall ensure that--
            (I) not less than 2 seats under 
 this paragraph are filled by an 
 individual who contracts with, or 
 hires, not less than 1 domestic 
 employee to work in the residence of 
 the individual;
            (II) not less than 1 seat under 
 this paragraph is filled by a 
 nomination from an eligible hiring 
 organization that is dedicated to the 
 well-being of domestic employees;
            (III) not less than 1 seat under 
 this paragraph is filled by an 
 individual who relies on a personal 
 care aide or assistant financed through 
 a State Medicaid program under title 
 XIX of the Social Security Act (42 
 U.S.C. 1396 et seq.);
            (IV) not less than 1 seat under 
 this paragraph is filled by an 
 individual who--

    (aa) is an adult family 
 member of a Medicaid HCBS-
 eligible elderly individual or 
 an individual with a 
 disability;

    (bb) is an informal 
 provider of in-home care to 
 such Medicaid HCBS-eligible 
 elderly individual or 
 individual with a disability; 
 and
            (cc) contracts with, or 
 hires, 1 or more domestic 
 employees to provide additional 
 care for the Medicaid HCBS-
 eligible elderly individual or 
 individual with a disability;
            (V) a single employer does not fill 
 more than 1 seat under this paragraph; 
 and
            (VI) any employer serving on the 
 Board satisfies the requirements under 
 clause
            (iii) .
            (iii) Disclosure of labor violations.--
            (I) In general.--The Secretary 
 shall require that each employer that 
 serves on the Board disclose to the 
 Secretary, with respect to the 
 preceding 5-year period--

    (aa) any administrative 
 merits determination, arbitral 
 award or decision, or civil 
 judgment, rendered against the 
 employer for a violation of the 
 labor laws listed in subclause
            (II) ; and

    (bb) any steps taken by the 
 employer to correct a violation 
 of or improve compliance with 
 the labor laws listed in 
 subclause
            (II) , including any 
 agreement entered into with an 
 enforcement agency.
            (II) Labor laws.--The labor laws 
 described in this subclause are each of 
 the following:

    (aa) The Fair Labor 
 Standards Act of 1938 (29 
 U.S.C. 201 et seq.).

    (bb) Title VII of the Civil 
 Rights Act of 1964 (42 U.S.C. 
 2000e et seq.).
            (cc) The Occupational 
 Safety and Health Act of 1970 
 (29 U.S.C. 651 et seq.).
            (III) Responsible source.--The 
 Secretary shall consider information 
 disclosed by an employer under this 
 clause to determine whether the 
 employer has a satisfactory record of 
 integrity and business ethics for 
 purposes of determining whether the 
 employer shall serve on the Board.
            (D) Definition of eligible hiring organization.--In 
 this paragraph, the term ``eligible hiring 
 organization'' means an organization that--
            (i) 
            (I) is an agency employing 2 or more 
 domestic employees; or
            (II) is an association of 2 or more 
 individuals who hire or contract with domestic 
 employees; and
            (ii) submits an application to the 
 Secretary at such time, in such manner, and 
 containing such information as the Secretary 
 may reasonably require.

    (4) Chairperson.--The Board shall select a Chairperson from 
 among the members of the Board.

    (5) Executive committee.--The Chairperson shall assign an 
 executive committee of 3 members of the Board, including not 
 less than 1 representative appointed under paragraph

    (2) and 1 
 representative appointed under paragraph

    (3) . Such executive 
 committee shall establish an agenda and a work plan for the 
 Board.
            (c) Terms.--

    (1) In general.--Except as provided in paragraph

    (2) , each 
 member of the Board shall serve a term of 2 years.

    (2) Initial members.--The Secretary shall stagger the terms 
 of the Board members such that--
        (A) 6 of the initial members appointed to the Board 
 serve a term of 4 years, including 3 of the members 
 described in subsection

    (b)

    (1)
        (A) and 3 of the members 
 described in subsection

    (b)

    (1)
        (B) ; and
        (B) 5 of the initial members appointed to the Board 
 serve a term of 2 years, including 2 of the members 
 described in subsection

    (b)

    (1)
        (A) , 2 of the members 
 described in subsection

    (b)

    (1)
        (B) , and the member 
 described in subsection

    (b)

    (1)
            (C) .

    (3) Vacancies.--
        (A) In general.--A vacancy on the Board--
            (i) shall not affect the powers of the 
 Board; and
            (ii) shall be filled in the same manner as 
 the original appointment was made and shall be 
 subject to any conditions that applied with 
 respect to the original appointment.
        (B) Filling unexpired terms.--An individual chosen 
 to fill a vacancy shall be appointed for the unexpired 
 term of the member replaced.
            (C) Presumption.--If a member of the Board is 
 unable to fill the duties of the member in serving on 
 the Board or leaves the domestic service industry for a 
 period that exceeds 90 days while serving on the Board, 
 the seat of the member shall be considered a vacancy 
 for purposes of this paragraph.
            (d) Meetings.--

    (1) In general.--The Board shall meet at the call of the 
 Chairperson.

    (2) Public notice.--The call of the Chairperson under 
 paragraph

    (1) shall include notice to the public of the 
 meeting.

    (3) Initial meeting.--Not later than 90 days after the date 
 on which all members of the Board have been appointed, the 
 Board shall hold the initial meeting of the Board.

    (e) Standards.--

    (1) Process for recommending standards.--
        (A) In general.--Not later than 1 year after the 
 date of enactment of this Act, and every 3 years 
 thereafter, the Board shall issue recommendations to 
 the Secretary for standards that affect the well-being 
 of domestic employees, including recommendations for--
            (i) workplace standards or regulations for 
 domestic employees, including standards for--
            (I) occupational safety and health 
 standards under the Occupational Safety 
 and Health Act of 1970, that include 
 the immediate protection of domestic 
 employees from infectious diseases such 
 as COVID-19; and
            (II) standards or regulations, 
 including those on--

    (aa) wages;

    (bb) hours;
            (cc) benefits; and
            (dd) other matters that 
 impact working conditions;
            (ii) implementing and enforcing the rights 
 of domestic employees granted under this Act 
 and other Federal laws, including rights for 
 minimum wage, health, safety, and other 
 workplace standards; and
            (iii) training and certification of 
 domestic employees and methods to ensure that 
 training and certification results in higher 
 wages.
        (B) Voting.--
            (i) In general.--Any decision of the Board 
 regarding a recommendation issued under 
 subparagraph
        (A) shall be decided through a 
 vote of the Board. In any such vote--
            (I) each voting member of the Board 
 shall have 1 vote;
            (II) a quorum of the members of the 
 Board shall be required to be in 
 attendance at the vote; and
            (III) the vote shall be agreed to 
 upon the affirmative vote of not less 
 than a majority of the members of the 
 Board present and voting.
            (ii) Quorum.--A quorum required under 
 clause
            (i) 
            (II) shall not be formed if there are 
 in attendance fewer than--
            (I) 2 members of the Board 
 described in subsection

    (b)

    (1)
        (A) ; or
            (II) 2 members of the Board 
 described in subsection

    (b)

    (1)
        (B) .

    (2) Rulemaking.--
        (A) Authority.--Subject to requirements under other 
 law, subparagraph
        (B) , and paragraph

    (3) , the Secretary 
 may issue a rule, in accordance with 

section 553 of 
 title 5, United States Code, regarding any standard 
 recommended by the Board under paragraph

    (1) .
        (B) Protection from infectious diseases.--To carry 
 out paragraph

    (1)
        (A)
            (i) 
            (I) , the Assistant Secretary of 
 Labor for Occupational Safety and Health may promulgate 
 rules regarding occupational safety and health 
 standards under authority and procedures of the 
 Occupational Safety and Health Act of 1970 that include 
 the immediate protection of domestic employees from 
 infectious diseases such as COVID-19.
            (C) Decision.--
            (i) In general.--Not later than 90 days 
 after receiving a recommendation from the Board 
 under paragraph

    (1) , the Secretary shall 
 provide a response on--
            (I) whether the Secretary will 
 issue a rule under subparagraph
        (A) regarding such recommendation; and
            (II) if the Secretary issues such a 
 rule, whether the Secretary will 
 deviate from such recommendation 
 through such rule.
            (ii) Explanatory statement.--If the 
 Secretary decides not to issue a rule under 
 subparagraph
        (A) regarding a recommendation 
 under paragraph

    (1) or decides to deviate from 
 such recommendation in such a rule, the 
 Secretary shall have 90 days after receiving 
 such recommendation to issue a statement 
 explaining the decision.
            (D) Workplace standards.--No standard included in a 
 rule issued under subparagraph
        (A) may be for a 
 workplace standard that is less protective of domestic 
 employees than any law in effect on the date of 
 enactment of this Act for domestic employees under any 
 Federal, State, or local law.

    (3) Recommendations to congress.--
        (A) In general.--For any recommendation made by the 
 Board under paragraph

    (1) that the Secretary determines 
 is not within the authority of the Secretary, the 
 Secretary shall make a recommendation to Congress to 
 take action on the recommendation.
        (B) Hearing and investigations.--Not later than 1 
 year after such a recommendation is made by the 
 Secretary to Congress under subparagraph
        (A) , Congress 
 shall conduct a hearing on and investigate the 
 recommendation.
            (C) Rulemaking.--This paragraph is enacted by 
 Congress--
            (i) as an exercise of the rulemaking power 
 of the Senate and House of Representatives, 
 respectively, and as such it is deemed a part 
 of the rules of each House, respectively, but 
 applicable only with respect to the procedure 
 to be followed in that House in the case of a 
 joint resolution, and it supersedes other rules 
 only to the extent that it is inconsistent with 
 such rules; and
            (ii) with full recognition of the 
 constitutional right of either House to change 
 the rules (so far as relating to the procedure 
 of that House) at any time, in the same manner, 
 and to the same extent as in the case of any 
 other rule of that House.

    (f) Powers.--

    (1) Hearings.--
        (A) In general.--The Board may hold such hearings, 
 meet and act at such times and places, take such 
 testimony, and receive such evidence as the Board 
 considers advisable to carry out this section.
        (B) Required public hearings.--The Board shall, 
 prior to issuing any recommendation under this section, 
 hold public hearings to enable domestic employees 
 across the United States to have access to the Board. 
 Any such public hearing shall--
            (i) be held at such a time, in such a 
 location, and in such a facility that ensures 
 accessibility for domestic employees;
            (ii) include interpretation services in the 
 languages most commonly spoken by domestic 
 employees in the geographic region of the 
 hearing;
            (iii) be held in each of the regions served 
 by the regional offices of the Wage and Hour 
 Division of the Department of Labor; and
            (iv) include eligible employee 
 organizations in helping to populate the 
 hearings.

    (2) Information from federal agencies.--
        (A) In general.--The Board may secure directly from 
 a Federal agency such information as the Board 
 considers necessary to carry out this section.
        (B) Provision of information.--On request of the 
 Chairperson of the Board, the head of the agency shall 
 provide the information to the Board.

    (3) Postal services.--The Board may use the United States 
 mails in the same manner and under the same conditions as other 
 agencies of the Federal Government.

    (4) Gifts.--The Board may accept, use, and dispose of gifts 
 or donations of services or property.

    (g) Board Personnel Matters.--

    (1) Compensation of members.--
        (A) Non-federal employees.--A member of the Board 
 who is not an officer or employee of the Federal 
 Government shall be compensated at a rate equal to the 
 daily equivalent of the annual rate of basic pay 
 prescribed for level IV of the Executive Schedule under 
 

section 5315 of title 5, United States Code, for each 
 day (including travel time) during which the member is 
 engaged in the performance of the duties of the Board.
        (B) Federal employees.--A member of the Board who 
 is an officer or employee of the Federal Government 
 shall serve without compensation in addition to the 
 compensation received for the services of the member as 
 an officer or employee of the Federal Government.

    (2) Travel expenses.--A member of the Board shall be 
 allowed travel expenses, including per diem in lieu of 
 subsistence, at rates authorized for an employee of an agency 
 under subchapter I of chapter 57 of title 5, United States 
 Code, while away from the home or regular place of business of 
 the member in the performance of the duties of the Board.

    (3) Staff.--
        (A) In general.--The Chairperson of the Board may, 
 without regard to the civil service laws (including 
 regulations), appoint and terminate an executive 
 director and such other additional personnel as are 
 necessary to enable the Board to perform the duties of 
 the Board.
        (B) Required staff members.--The Secretary shall, 
 in accordance with subparagraph
        (A) , designate not 
 fewer than 2 full-time staff members to support the 
 operation of the Board through logistical, 
 administrative, and legislative activities.
            (C) Confirmation of executive director.--The 
 employment of an executive director shall be subject to 
 confirmation by the Board.
            (D) Compensation.--
            (i) In general.--Except as provided in 
 clause
            (ii) , the Chairperson of the Board may 
 fix the compensation of the executive director 
 and other personnel without regard to the 
 provisions of chapter 51 and subchapter III of 
 chapter 53 of title 5, United States Code, 
 relating to classification of positions and 
 General Schedule pay rates.
            (ii) Maximum rate of pay.--The rate of pay 
 for the executive director and other personnel 
 shall not exceed the rate payable for level V 
 of the Executive Schedule under 

section 5316 of 
 title 5, United States Code.

    (4) Detail of federal government employees.--
        (A) In general.--An employee of the Federal 
 Government may be detailed to the Board without 
 reimbursement.
        (B) Civil service status.--The detail of the 
 employee shall be without interruption or loss of civil 
 service status or privilege.

    (5) Procurement of temporary and intermittent services.--
 The Chairperson of the Board may procure temporary and 
 intermittent services in accordance with 

section 3109

    (b) of 
 title 5, United States Code, at rates for individuals that do 
 not exceed the daily equivalent of the annual rate of basic pay 
 prescribed for level V of the Executive Schedule under 

section 5316 of that title.

    (h) Rule of Construction for Reporting Requirements.--

    (1) In general.--Neither the nomination by an eligible 
 employee organization of 1 or more individuals to serve as 
 members of the Board, nor service on the Board by a 
 representative of an eligible employee organization, shall--
        (A) make the eligible employee organization subject 
 to the reporting requirements for labor organizations 
 under title II of the Labor-Management Reporting and 
 Disclosure Act of 1959 (29 U.S.C. 431 et seq.); or
        (B) be considered as a factor in any determination 
 of whether the eligible employee organization is 
 subject to such reporting requirements.

    (2) LMRDA requirements.--The status of an organization as 
 an eligible employee organization shall not, by itself, make 
 the organization subject to any reporting requirements under 
 the Labor-Management Reporting and Disclosure Act of 1959 (29 
 U.S.C. 401 et seq.).

    (3) Definition of eligible employee organization.--For 
 purposes of this subsection, the term ``eligible employee 
 organization'' has the meaning given such term in subsection

    (b)

    (2)
            (D) .
            (i) Rule of Construction for State and Local Standards.--Nothing in 
this section shall preempt a State or local law with greater 
protections for domestic employees than the protections for such 
employees included in a standard issued through a rule under subsection

    (e)

    (2) .

    (j) Effect on Existing Domestic Employee Benefits.--

    (1) More protective.--Nothing in this section shall be 
 construed to diminish the obligation of an employer to comply 
 with any contract, collective bargaining agreement, or any 
 domestic employee benefit program or plan that provides greater 
 rights or benefits to domestic employees than the rights 
 established under this Act.

    (2) Less protective.--The rights established for domestic 
 employees under this section shall not be diminished by any 
 contract, collective bargaining agreement, or any benefit 
 program or plan.

    (k) Applicability of Law.--

Section 1013

    (a)

    (2) of title 5, United 
States Code, shall not apply to the Board.

SEC. 202. DOMESTIC EMPLOYEES' BENEFITS STUDY.

    (a) Study.--

    (1) In general.--The Secretary shall conduct a study, which 
 may be through a contract with another entity, for the purpose 
 of providing information to labor organizations, employers, and 
 the general public concerning how to increase the number of 
 domestic employees who have access to a secure retirement, 
 affordable health care, unemployment insurance, life insurance, 
 and other common benefits provided to employees of large 
 private and public sector employers.

    (2) Matters.--The study conducted under paragraph

    (1) shall 
 include--
        (A) a review of--
            (i) the levels of access to and usage of 
 benefits for domestic employees, including 
 retirement savings, health insurance, and 
 reduced health care costs, paid sick time, 
 unemployment insurance, disability and life 
 insurance, and paid family and medical leave;
            (ii) barriers for domestic employees to--
            (I) participate in the Old-Age, 
 Survivors, and Disability Insurance 
 program established under title II of 
 the Social Security Act (42 U.S.C. 401 
 et seq.);
            (II) obtain disability insurance;
            (III) access and use benefits, 
 including the Old-Age, Survivors, and 
 Disability Insurance program 
 established under title II of the 
 Social Security Act (42 U.S.C. 401 et 
 seq.), the Medicare program established 
 under title XVIII of the Social 
 Security Act (42 U.S.C. 1395 et seq.), 
 the Medicaid program established under 
 title XIX of that Act (42 U.S.C. 1396 
 et seq.), unemployment insurance, any 
 benefits provided under the Patient 
 Protection and Affordable Care Act 
 (Public Law 111-148), including the 
 amendments made by that Act, paid 
 family and medical leave, paid sick 
 time, and any additional benefits 
 identified by the Secretary, including 
 such benefits that are portable from 
 job to job;
            (IV) otherwise access affordable 
 health insurance; and
            (V) access any other benefits 
 described in clause
            (i) ;
            (iii) the portability of work-related 
 benefits for domestic employees and the laws, 
 including regulations, preventing innovation, 
 and improvement in the portability of such 
 benefits; and
            (iv) whether domestic employees benefitted 
 from the emergency family and medical leave and 
 emergency paid sick leave provisions under the 
 Families First Coronavirus Response Act (Public 
 Law 116-127), including the amendments made by 
 that Act, and lessons learned from the 
 implementation of such provisions;
        (B) an identification and analysis of State and 
 nongovernmental innovations that can serve as potential 
 replicable models on the national level to increase 
 access to work-related benefits for domestic employees, 
 through portability, outreach, enrollment, and other 
 strategies;
            (C) a comparison of the ability of domestic 
 employees to access, be eligible for, and participate 
 in public and private sector work-related benefits 
 compared to such ability of other employees;
            (D) a study on the coverage of domestic employees 
 under State employees' compensation laws, including in 
 all 50 States, the District of Columbia, and 
 territories of the United States; and
        (E) recommendations for innovations and reforms 
 that would--
            (i) ensure domestic employees could--
            (I) access and use benefits, 
 including the Old-Age, Survivors, and 
 Disability Insurance program 
 established under title II of the 
 Social Security Act (42 U.S.C. 401 et 
 seq.), the Medicare program established 
 under title XVIII of the Social 
 Security Act (42 U.S.C. 1395 et seq.), 
 the Medicaid program established under 
 title XIX of that Act (42 U.S.C. 1396 
 et seq.), unemployment insurance, any 
 benefits provided under the Patient 
 Protection and Affordable Care Act 
 (Public Law 111-148), including the 
 amendments made by that Act, paid 
 family and medical leave, paid sick 
 time, and any additional benefits 
 identified by the Secretary, including 
 such benefits that are portable from 
 job to job; and
            (II) have contributions for the 
 benefits described in subclause
            (I) from multiple employers as applicable;
            (ii) provide adequate levels of such 
 benefits for domestic employees; and
            (iii) enable a domestic employee to have 
 access to such benefits through multiple jobs 
 the employee may have.

    (b) Report.--Not later than 15 months after the date of enactment 
of this Act, the Secretary shall submit to the President and Congress a 
report on the study conducted under subsection

    (a) that includes each 
of the following:

    (1) The findings and conclusions of the study, including 
 its findings and conclusions with respect to the matters 
 described in subsection

    (a)

    (2) .

    (2) Considerations for laws, including regulations, that 
 should be reviewed to address barriers impacting domestic 
 employees.

    (3) Other information and recommendations with respect to 
 benefits for domestic employees as the Secretary considers 
 appropriate.

 TITLE III--IMPLEMENTATION OF THE DOMESTIC WORKERS BILL OF RIGHTS

SEC. 301. DEFINITIONS.

 In this title:

    (1) Domestic workers bill of rights.--The term ``domestic 
 workers bill of rights''--
        (A) means the rights and protections provided to 
 domestic employees under this Act, and the amendments 
 made by this Act, including (as applicable)--
            (i) coverage of live-in domestic employees, 
 as defined in 

section 8

    (a) of the Fair Labor 
 Standards Act of 1938 (29 U.S.C. 208

    (a) ), under 
 the overtime requirements of 

section 7 of such 
 Act (29 U.S.C. 207);
            (ii) the right of live-in domestic 
 employees, as so defined, to certain notices 
 and communications under 

section 8 of such Act 
 (29 U.S.C. 208);
            (iii) any minimum wage for domestic 
 employees that may be established pursuant to a 
 recommendation to Congress under 

section 201

    (e)

    (3) ;
            (iv) the applicability of title VII of the 
 Civil Rights Act of 1964 (42 U.S.C. 2000e et 
 seq.);
            (v) the labor rights and privacy 
 protections provided to domestic employees 
 under subtitle B of title I, including--
            (I) the right of certain domestic 
 employees to a written agreement under 
 

section 110;
            (II) the right of certain domestic 
 employees to earned paid sick time 
 provided under 

section 111;
            (III) the fair scheduling practices 
 required under 

section 112 with respect 
 to certain domestic employees;
            (IV) the right of certain domestic 
 employees to request and receive 
 temporary changes to scheduled work 
 hours for certain personal events under 
 

section 113;
            (V) the privacy protections under 
 

section 114;
            (VI) the right to meal and rest 
 breaks in accordance with 

section 115;
            (VII) the protection from wage 
 deductions for cash shortages, 
 breakages, or loss under subsection

    (a) of 

section 116 and wage deductions or 
 other penalties for communications 
 described in subsection

    (b) of such 
 section; and
            (VIII) the protection against 
 retaliation under 

section 117

    (b) ; and
            (vi) the availability of the national 
 domestic employee hotline supported under 
 

section 304, including the phone number and 
 other contact methods for the hotline; and
        (B) includes any rules promulgated by the Secretary 
 under this Act, or the amendments made by this Act, and 
 any standard recommended by the Board that is 
 promulgated as such a rule or otherwise implemented by 
 the Secretary.

    (2) Eligible entity.--The term ``eligible entity'' means--
        (A) an organization described in paragraph

    (3) ,

    (5) , or

    (6) of 

section 501
            (c) of the Internal Revenue 
 Code of 1986, and exempt from taxation under 

section 501

    (a) of such Code, that--
            (i) has a board of directors, at least one-
 half of the members of which is comprised of--
            (I) domestic employees; or
            (II) representatives of 
 organizations of such employees, which 
 organization is independent from all 
 businesses, organizations, 
 corporations, or individuals that would 
 pursue any financial interest in 
 conflict with that of the employees;
            (ii) is independent, as described in clause
            (i) 
            (II) ;
            (iii) has--
            (I) expertise in domestic service 
 and the workforce of domestic 
 employees; and
            (II) a track record of working with 
 domestic employees; and
            (iv) operates in a jurisdiction with a 
 significant population of domestic employees; 
 or
        (B) a partnership of organizations described in 
 subparagraph
        (A) .

    (3) Notice of domestic employee rights.--The term ``notice 
 of domestic employee rights'' means the document created and 
 made available by the Secretary under 

section 302

    (a) .

SEC. 302. NOTICE OF DOMESTIC EMPLOYEE RIGHTS.

    (a) Providing Notice of Rights to Domestic Employees.--

    (1) Notice of rights.--The Secretary shall create, and make 
 available, a notice of domestic employee rights document that 
 describes the rights and protections provided by the domestic 
 workers bill of rights and any other protections and other 
 rights afforded under Federal law to domestic employees.

    (2) Availability and accessibility of notice.--The notice 
 of domestic employee rights shall be--
        (A) a written document made available online, 
 including through the website described in subsection

    (b) ; and
        (B) available in English, Spanish, and other 
 languages understood by domestic employees, which shall 
 be determined by the Secretary and include, at a 
 minimum, the translation languages for the basic 
 information fact sheet (or any successor document) 
 produced by the Department of Labor.

    (b) Establishing a Domestic Employees Rights Website.--Not later 
than 180 days after the date of enactment of this Act, the Secretary 
shall establish a single web page on the website of the Department of 
Labor that summarizes in plain language the rights of domestic 
employees under the domestic workers bill of rights.

SEC. 303. INTERAGENCY TASK FORCE ON DOMESTIC WORKERS BILL OF RIGHTS 
 ENFORCEMENT.

    (a) Establishment.--There is established an Interagency Task Force 
on Domestic Workers Bill of Rights Enforcement (referred to in this 
section as the ``Task Force'').

    (b) Members.--The Task Force shall consist of--

    (1) representatives of the Department of Labor selected by 
 the Secretary, including representatives of the Wage and Hour 
 Division, representatives of the Occupational Safety and Health 
 Administration, and representatives of the Office of the 
 Solicitor of Labor;

    (2) representatives of the Department of Health and Human 
 Services selected by the Secretary of Health and Human 
 Services, including representatives of the Centers for Medicare 
 & Medicaid Services and representatives of the Administration 
 for Community Living; and

    (3) representatives of the Equal Employment Opportunity 
 Commission, selected by the Commission.
            (c) Initial Meeting.--The Task Force shall hold its first meeting 
by not later than 90 days after the date of enactment of this Act.
            (d) Duties.--

    (1) Recommendations regarding workplace challenges.--
 Beginning not later than 180 days after the date of enactment 
 of this Act, the Task Force shall--
        (A) examine the issues and challenges facing 
 domestic employees who come forward to enforce their 
 workplace rights;
        (B) identify challenges agencies enforcing these 
 workplace rights have in reaching domestic employees 
 and enforcing such rights, including by conducting 
 hearings in each of the regions served by the regional 
 offices of the Wage and Hour Division of the Department 
 of Labor to hear directly from domestic employees, 
 advocates, and officials or employees of such agencies 
 in the regional and local areas; and
            (C) develop a set of recommendations, including 
 sample legislative language, on the best enforcement 
 strategies to protect the workplace rights of domestic 
 employees, including--
            (i) how to reach, and enforce the rights 
 of, domestic employees;
            (ii) ways for Federal agencies to work 
 together or conduct joint enforcement of 
 workplace rights for domestic employees, as 
 domestic employees who experience one type of 
 violation are likely also experiencing other 
 types of violations; and
            (iii) ways the Task Force can work with 
 State and local enforcement agencies on the 
 enforcement of workplace rights for domestic 
 employees.

    (2) Report.--Not later than 1 year after the date of the 
 first meeting of the Task Force, the Task Force shall prepare 
 and submit a report to Congress regarding the recommendations 
 described in paragraph

    (1)
            (C) .

    (3) Joint enforcement.--
        (A) In general.--For a period of not more than 3 
 years after the date of enactment of this Act, the Task 
 Force shall carry out such actions as the Task Force 
 determines necessary to support joint enforcement by 
 Federal agencies of violations of the rights of 
 domestic employees.
        (B) Report.--At the end of the 3-year period 
 described in subparagraph
        (A) , the Task Force shall 
 submit a report to Congress regarding the efficacy of 
 such joint enforcement.

    (4) Audit of federal enforcement strategies.--Not later 
 than 3 years after the date of enactment of this Act, and every 
 3 years thereafter, the Task Force shall--
        (A) conduct an audit of the Federal enforcement 
 strategies relating to the rights of domestic 
 employees; and
        (B) prepare and submit to Congress a report 
 regarding the results of the audit.

    (5) Consultation regarding community-based enforcement 
 demonstration projects.--Upon the request of the Secretary, the 
 Task Force shall review, and provide recommendations regarding, 
 the applications for community-based enforcement grants under 
 

section 305.

SEC. 304. NATIONAL DOMESTIC EMPLOYEE HOTLINE.

 The Secretary shall award a grant, on a competitive basis, to an 
eligible entity for a national hotline that domestic employees may call 
to seek assistance on any domestic employee-related issue.

SEC. 305. NATIONAL GRANT FOR COMMUNITY-BASED EDUCATION, OUTREACH, AND 
 ENFORCEMENT OF DOMESTIC EMPLOYEE RIGHTS.

    (a) Program Authorized.--

    (1) In general.--From amounts made available to carry out 
 this section, the Secretary, after consultation with the 
 Interagency Task Force on Domestic Workers Bill of Rights 
 Enforcement, shall award grants to eligible entities to enable 
 the eligible entities to expand and improve cooperative efforts 
 between Federal agencies and members of the community, in order 
 to--
        (A) enhance the enforcement of the domestic workers 
 bill of rights and other workplace rights provided to 
 domestic employees under relevant Federal, State, and 
 local laws;
        (B) educate domestic employees of their rights 
 under the domestic workers bill of rights and other 
 workplace rights under Federal, State, and local laws;
            (C) educate employers regarding their 
 responsibilities and obligations under the domestic 
 workers bill of rights and other relevant Federal, 
 State, and local laws; and
            (D) assist domestic employees in pursuing their 
 workplace rights under the domestic workers bill of 
 rights and other relevant Federal, State, or local 
 laws.

    (2) Duration of grants.--Each grant awarded under this 
 section shall be for a period of not more than 3 years.

    (b) Applications.--

    (1) In general.--An eligible entity desiring a grant under 
 this section shall submit an application at such time, in such 
 manner, and containing such information as the Secretary may 
 require.

    (2) Partnership applications.--In the case of an eligible 
 entity that is a partnership, the eligible entity may 
 designate, in the application, a single organization in the 
 partnership as the lead entity for purposes of receiving and 
 disbursing funds.

    (3) Contents.--An application described in paragraph

    (1) shall include--
        (A) a description of a plan for the demonstration 
 project that the eligible entity proposes to carry out 
 with a grant under this section, including a long-term 
 strategy and detailed implementation plan that reflects 
 expected participation of, and partnership with, 
 community partners; and
        (B) information on the training and education that 
 will be provided to domestic employees and employers of 
 such employees under such program.
            (c) Selection.--

    (1) In general.--Subject to paragraph

    (2) , the Secretary 
 shall award grants under this section on a competitive basis.

    (2) Distribution through regions.--In awarding grants under 
 this section, the Secretary shall ensure that a grant is 
 awarded to an eligible entity in each region represented by a 
 regional office of the Wage and Hour Division of the Department 
 of Labor, to the extent practicable based on the availability 
 of appropriations and the applications submitted.
            (d) Use of Funds.--An eligible entity receiving a grant under this 
section shall use the grant funds to develop a community partnership 
and establish and support, through the partnership, 1 or more of the 
following activities:

    (1) Disseminating information and conducting outreach and 
 training to educate domestic employees about the rights and 
 protections provided under the domestic workers bill of rights.

    (2) Conducting educational training for employers about 
 their obligations under the domestic workers bill of rights.

    (3) Conducting orientations and training jointly with 
 relevant Federal agencies, including the Interagency Task Force 
 established under 

section 303, regarding the rights and 
 protections provided under the domestic workers bill of rights.

    (4) Providing mediation services between private-pay 
 employers and employees.

    (5) Providing assistance to domestic employees in filing 
 claims relating to violations of the domestic workers bill of 
 rights, either administratively or in court.

    (6) Monitoring compliance by employers with the domestic 
 workers bill of rights.

    (7) Establishing networks for education, communication, and 
 participation in the community relating to the domestic workers 
 bill of rights.

    (8) Evaluating the effectiveness of programs designed to 
 prevent violations of the domestic workers bill of rights and 
 enforce the domestic workers bill of rights.

    (9) Recruiting and hiring staff and volunteers for the 
 activities described in this subsection.

    (10) Producing and disseminating outreach and training 
 materials.

    (11) Any other activity as the Secretary may reasonably 
 prescribe through notice and comment rulemaking.

    (e) Memoranda of Understanding.--

    (1) In general.--Not later than 60 days after receiving a 
 grant under this section, an eligible entity shall negotiate 
 and finalize with the Secretary a memorandum of understanding 
 that sets forth specific goals, objectives, strategies, and 
 activities that will be carried out under the grant by the 
 eligible entity through a community partnership.

    (2) Signatures.--A representative of the eligible entity 
 receiving a grant (or, in the case of an eligible entity that 
 is a partnership, a representative of each organization in the 
 partnership) and the Secretary shall sign the memorandum of 
 understanding under this subsection.

    (3) Revisions.--A memorandum of understanding under this 
 subsection shall be reviewed and revised by the eligible entity 
 and the Secretary each year for the duration of the grant.

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 306. ENCOURAGING THE USE OF FISCAL INTERMEDIARIES.

 Not later than 1 year after the date of enactment of this Act, the 
Secretary shall issue a rule to facilitate the use of fiscal 
intermediaries that enable payments between domestic employees and 
employers of such employees, to improve transparency, enforcement, and 
working conditions of domestic employees.

SEC. 307. APPLICATION TO DOMESTIC EMPLOYEES WHO PROVIDE MEDICAID-FUNDED 
 SERVICES.

    (a) Regulations To Apply Domestic Employee Protections and 
Rights.--Not later than 1 year after the date of enactment of this Act, 
the Secretary and the Secretary of Health and Human Services jointly 
shall develop and issue regulations regarding the application of the 
protections and rights afforded to domestic employees including 
personal care aides or assistants who provide services described in 
subsection

    (b) that are funded under the State plan under title XIX of 
the Social Security Act (42 U.S.C. 1396 et seq.), or under a waiver of 
such plan, including through a contract or other arrangement with a 
managed care entity (as defined in 

section 1932

    (a)

    (1)
        (B) of the Social 
Security Act (42 U.S.C. 1396u-2

    (a)

    (1)
        (B) )), to individuals enrolled in 
such plan or waiver. The regulations issued under this subsection shall 
recognize the role of self-directed care for individuals with 
disabilities and shall--

    (1) protect, stabilize, and expand the domestic employee 
 and personal care aide or assistant workforce;

    (2) recognize the role of self-directed care for 
 individuals with disabilities;

    (3) prohibit States from requiring individuals with 
 disabilities who self-direct their care to use their direct 
 service budget to pay for costs resulting from the application 
 of such protections and rights to domestic employees (such as 
 paid sick time, penalties, or overtime pay) except to the 
 extent that such costs are directly related to the provision of 
 services described in subsection

    (b) to such individuals;

    (4) facilitate Federal and State compliance with 

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the 
 Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
 seq.), and the holdings of the Supreme Court in Olmstead v. 
 L.C., 527 U.S. 581

    (1999) and companion cases; and

    (5) prohibit States from reducing the level at which States 
 make medical assistance for the services described in 
 subsection

    (b) available under the State plan under title XIX 
 of the Social Security Act (42 U.S.C. 1396 et seq.) or under a 
 waiver of such plan as a result of the application of 
 protections and rights afforded to domestic employees who 
 provide such services.

    (b) Services Described.--The services described in this subsection 
are the following:

    (1) Home health care services authorized under paragraph

    (7) of 

section 1905

    (a) of the Social Security Act (42 U.S.C. 
 1396d

    (a) ).

    (2) Personal care services authorized under paragraph

    (24) of such section.

    (3) PACE services authorized under paragraph

    (26) of such 
 section.

    (4) Home and community-based services authorized under 
 subsections

    (b) ,
            (c) ,
            (i) ,

    (j) , and

    (k) of 

section 1915 of such 
 Act (42 U.S.C. 1396n), such services authorized under a waiver 
 under 

section 1115 of such Act (42 U.S.C. 1315), and such 
 services provided through coverage authorized under 

section 1937 of such Act (42 U.S.C. 1396u-7).

    (5) Case management services authorized under 

section 1905

    (a)

    (19) of the Social Security Act (42 U.S.C. 1396d

    (a)

    (19) ) 
 and 

section 1915

    (g) of such Act (42 U.S.C. 1396n

    (g) ).

    (6) Rehabilitative services, including those related to 
 behavioral health described in 

section 1905

    (a)

    (13) of such Act 
 (42 U.S.C. 1396d

    (a)

    (13) ).

    (7) Such other services specified by the Secretary of 
 Health and Human Services.

SEC. 308. DELAYED ENFORCEMENT FOR GOVERNMENT-FUNDED PROGRAMS.

    (a) In General.--Notwithstanding any other provision of this Act, 
the Secretary shall delay all enforcement relating to the provisions of 
this Act, or the amendments made by this Act, with respect to a 
Federal, State, or local governmental agency, or an entity operating 
under a grant, contract, or other agreement for such agency, until the 
day that is 2 years after the date of enactment of this Act.

    (b) Extension Option.--The Secretary may extend the 2-year delay 
period in enforcement under subsection

    (a) with respect to a Federal, 
State, or local governmental agency, or an entity operating under a 
grant, contract, or other agreement for such agency, for an additional 
1-year period, if, through a process established by the Secretary, the 
Secretary determines the delay appropriate. In applying the preceding 
sentence, a delay in issuing the regulations required under 

section 307 
shall be deemed a reason to extend the delayed enforcement period.
            (c) Delay of Enforcement Through Civil Actions by Domestic 
Employees Providing Services Funded Under Medicaid.--No action may be 
brought under 

section 118

    (a)

    (3) against an employer of a domestic 
employee that receives payment under a State Medicaid plan or waiver 
under title XIX of the Social Security Act for providing any services 
described in 

section 307

    (b) , until on or after the date that is 2 years 
after the date of enactment of this Act.

 TITLE IV--FUNDING

SEC. 401. TEMPORARY INCREASE IN THE FEDERAL MEDICAL ASSISTANCE 
 PERCENTAGE FOR MEDICAID-FUNDED SERVICES PROVIDED BY 
 DOMESTIC EMPLOYEES.

 

Section 1905 of the Social Security Act (42 U.S.C. 1396d) is 
amended--

    (1) in subsection

    (b) , by striking ``and
            (ii) '' and 
 inserting ``
            (ii) , and

    (jj) ''; and

    (2) by adding at the end the following new subsection:
 ``

    (jj) Increased FMAP for Medical Assistance for Certain Services 
Provided by Domestic Employees.--
 ``

    (1) In general.--Notwithstanding subsection

    (b) and 
 subsection

    (y) , with respect to amounts expended by a State for 
 medical assistance described in paragraph

    (3) that is provided 
 by a domestic employee (as such term is defined in 

section 3 of 
 the Domestic Workers Bill of Rights Act) during a fiscal 
 quarter that occurs in the 20-quarter period beginning with the 
 first fiscal quarter that begins on or after the date of 
 enactment of this subsection, the Federal Medical Assistance 
 Percentage otherwise determined under subsection

    (b) and 
 subsection

    (y) for the State and quarter shall, after the 
 application of any other increase to the Federal Medical 
 Assistance Percentage for the State and quarter applicable 
 under any other provision of law, be increased (not to exceed 
 100 percent) by the applicable number of percentage points 
 determined for the State under paragraph

    (2) .
 ``

    (2) Applicable number of percentage points.--
 ``
        (A) In general.--For purposes of paragraph

    (1) , 
 the Secretary shall determine the applicable number of 
 percentage points for each State.
 ``
        (B) Considerations.--In determining the 
 applicable number of percentage points for a State 
 under this subsection, the Secretary shall--
 ``
            (i) estimate the increase in costs to the 
 State of furnishing medical assistance 
 described in paragraph

    (3) that is provided by 
 a domestic employee (as such term is defined in 
 

section 3 of the Domestic Workers Bill of 
 Rights Act) that is attributable to the 
 requirements of such Act and the amendments 
 made by such Act with respect to labor 
 protections and benefits for domestic 
 employees; and
 ``
            (ii) determine the appropriate number of 
 percentage points by which to increase the 
 Federal Medical Assistance Percentage otherwise 
 determined for the State under subsection

    (b) or

    (y) to ensure that such increase in costs 
 does not result in the State reducing the level 
 of medical assistance described paragraph

    (3) that is provided by domestic employees under 
 the State plan (or a waiver of such plan).
 ``

    (3) Medical assistance described.--The medical assistance 
 described in this paragraph is the following:
 ``
        (A) Home health care services authorized under 
 paragraph

    (7) of subsection

    (a) .
 ``
        (B) Personal care services authorized under 
 paragraph

    (24) of such subsection.
 ``
            (C) PACE services authorized under paragraph

    (26) of such subsection.
 ``
            (D) Home and community-based services authorized 
 under subsections

    (b) ,
            (c) ,
            (i) ,

    (j) , and

    (k) of 
 

section 1915, such services authorized under a waiver 
 under 

section 1115, and such services provided through 
 coverage authorized under 

section 1937.
 ``
        (E) Case management services authorized under 
 subsection

    (a)

    (19) and 

section 1915

    (g) .
 ``
        (F) Rehabilitative services, including those 
 related to behavioral health, described in subsection

    (a)

    (13) .
 ``
        (G) Such other services specified by the 
 Secretary.
 ``

    (4) Maintenance of effort requirement.--A State may not 
 receive the increase described in paragraph

    (1) with respect to 
 a quarter if the eligibility standards, methodologies, or 
 procedures applicable to the provision of medical assistance 
 described in paragraph

    (3) under the State plan (or waiver of 
 such plan) are more restrictive during such quarter than the 
 eligibility standards, methodologies, or procedures, 
 respectively, applicable to the provision of such assistance 
 under such plan (or waiver) as in effect on the date of 
 enactment of this subsection.
 ``

    (5) Disregard from territorial payment caps.--Any payment 
 made to Puerto Rico, the Virgin Islands, Guam, the Northern 
 Mariana Islands, or American Samoa that is subject to the 
 Federal Medical Assistance Percentage increase specified under 
 paragraph

    (1) shall not be taken into account for purposes of 
 applying payment limits under subsections

    (f) and

    (g) of 
 

section 1108.''.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated to carry out this Act, and 
the amendments made by this Act, such sums as may be necessary.

 TITLE V--SEVERABILITY

SEC. 501. SEVERABILITY.

 If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision or 
amendment to other persons or circumstances, shall not be affected.
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