[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4552 Introduced in Senate (IS)] <DOC> 118th CONGRESS 2d Session S. 4552 To enhance the rights of domestic employees, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 13, 2024 Mrs. Gillibrand (for herself, Mr. Lujan, Ms. Baldwin, Mr. Blumenthal, Ms. Butler, Mr. Casey, Ms. Duckworth, Mr. Durbin, Mr. Fetterman, Mr. Kaine, Ms. Klobuchar, Mr. Markey, Mr. Merkley, Mr. Sanders, Ms. Warren, and Mr. Welch) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To enhance the rights of domestic 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 2023, the Bureau of Labor Statistics predicted that between 2021 and 2031-- (A) the number of new jobs for home health and personal care aides will increase by 25 percent, which is an increase of 711,700 jobs; and (B) the number of new jobs for child care positions will increase by 6 percent. (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) Nine 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 $13.79 per hour or $18,360 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) Me