[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2304 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2304
To preserve the companionship services exemption for minimum wage and
overtime pay, and the live-in domestic services exemption for overtime
pay, under the Fair Labor Standards Act of 1938.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2025
Mrs. Miller of Illinois introduced the following bill; which was
referred to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To preserve the companionship services exemption for minimum wage and
overtime pay, and the live-in domestic services exemption for overtime
pay, under the Fair Labor Standards Act of 1938.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Affordable and
Quality Home Care for Seniors and People with Disabilities Act''.
SEC. 2. DEFINITIONS.
Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)
is amended by adding at the end the following:
``(z)(1)(A) Except as provided in subparagraph (B), `companionship
services' as used in section 13(a)(15), means services that provide
fellowship, care, and protection for individuals who, because of
advanced age or physical or mental infirmity, are unable to care for
themselves, including non-medical in-home personal care (which includes
assistance with activities of daily living and instrumental activities
of daily living) and household work related to the care of the aged or
infirm individuals (such as meal preparation, bed making, washing of
clothes, errands, assistance to appointments, laundry, medication
reminders, bathing, assistance with incontinence and grooming, and
other similar services). Such term may include the performance of
general household work, provided that such work does not exceed 20
percent of the total weekly hours worked.
``(B) `Companionship services' does not include services relating
to the care and protection of the aged or infirm that require and are
performed by trained medical personnel, such as a registered or
practical nurse.
``(2) `Domestic service' as used in subsections (a)(15) and (b)(21)
of section 13, means services of a household nature performed by an
employee in or about a private home (permanent or temporary), including
employees such as cooks, waiters, butlers, valets, maids, housekeepers,
nannies, nurses, janitors, laundresses, caretakers, handymen,
gardeners, certified nursing assistants, home care aides, home health
aides, personal care aides, chauffeurs of automobiles for family use,
and babysitters employed on other than a casual basis.
``(3) `Third-party employment' as used in subsections (a)(15) and
(b)(21) of section 13, means the employment of any employee who is
engaged in providing companionship services or live-in domestic
services and who is employed by an employer other than the family or
household using the services of the employee, whether or not such
employee provides services to more than one family or household in the
same workweek.''.
SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES EXEMPTION.
Paragraph (15) of section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)(15)) is amended--
(1) by inserting ``(including through third-party
employment)'' after ``companionship services''; and
(2) by striking ``(as such terms are defined and delimited
by regulations of the Secretary)''.
SEC. 4. PRESERVATION OF THE LIVE-IN DOMESTIC SERVICES EXEMPTION.
Paragraph (21) of section 13(b) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(b)(21)) is amended by inserting ``(including
through third-party employment)'' after ``domestic service''.
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