[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