Fair Wages for Home Care Workers Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7917 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 7917

 To amend the Fair Labor Standards Act of 1938 to ensure that certain
 caregiving employees are no longer exempted from overtime and minimum
                           wage protections.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2026

  Ms. Ocasio-Cortez (for herself, Ms. Tlaib, Mrs. Watson Coleman, Mr.
   Cleaver, Ms. Wilson of Florida, Mr. Bell, Mr. Krishnamoorthi, Ms.
 Norton, Mrs. McIver, Ms. Hoyle of Oregon, Ms. Simon, Ms. Schakowsky,
   Mr. Torres of New York, Ms. Lee of Pennsylvania, Mr. Carson, Mr.
  Moulton, Ms. Pettersen, Ms. Jayapal, Ms. Budzinski, Ms. Johnson of
   Texas, Ms. Bonamici, Mrs. Dingell, Ms. Pingree, Ms. McBride, Mr.
  Kennedy of New York, Mr. Evans of Pennsylvania, Ms. Lois Frankel of
   Florida, Mr. Goldman of New York, Mr. Thanedar, Ms. DelBene, Ms.
 Dexter, Mr. Swalwell, Ms. Salinas, Ms. Chu, Ms. Balint, Mr. Latimer,
     Ms. Omar, Mr. Lieu, Mr. Mannion, Mr. Lynch, Ms. Barragan, Ms.
   Strickland, Mr. McGovern, Mr. Tonko, Mr. Pocan, Mr. Norcross, Mr.
  Nadler, Ms. McClellan, Ms. Pressley, Ms. Adams, Mrs. Grijalva, Ms.
  Ansari, Mr. Khanna, Mr. Gomez, Mrs. McBath, Mr. Frost, Mr. Davis of
   Illinois, Mr. Garcia of Illinois, and Mr. Takano) introduced the
 following bill; which was referred to the Committee on Education and
                               Workforce

_______________________________________________________________________

                                 A BILL

 To amend the Fair Labor Standards Act of 1938 to ensure that certain
 caregiving employees are no longer exempted from overtime and minimum
                           wage protections.

    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 ``Fair Wages for Home Care Workers
Act''.

SEC. 2. MINIMUM WAGE AND OVERTIME FOR CERTAIN CAREGIVERS.

    (a) Exemption Amendments.--Section 13 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213) is amended--
            (1) in subsection (a)(15), by striking ``casual basis in
        domestic service employment'' and all that follows through ``of
        the Secretary)'' and inserting the following: ``casual basis to
        provide babysitting services''; and
            (2) by repealing subsection (b)(21).
    (b) 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) `Babysitting services'--
            ``(1) means the custodial care and protection of infants or
        children in or about a private home in which the infants or
        children reside; and
            ``(2) does not include services relating to the care and
        protection of infants or children which are performed by
        trained personnel, such as registered, vocational, or practical
        nurses, and home care workers, including home health aides and
        personal care aides.
    ``(aa) `Casual basis', with respect to the provision of babysitting
services--
            ``(1) means employment which is irregular or intermittent
        (as defined and delimited by the Secretary), and which is not
        performed by an individual whose vocation is babysitting; and
            ``(2) may include the performance of household work not
        related to the provision of babysitting services, so long as
        the time performing such work does not exceed 20 percent of the
        total hours worked while providing babysitting services.''.
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