,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #chbh  ,,in ,,the ,,house ,,of  
,,representatives  ,january #i1         
#bjad,mr4 ,cartwright introduced the    
following bill2 which was referred to   
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to require the  
,secretary of ,labor1 in consultation   
with the ,secretary of ,health and      
,human ,services1 to draft disclosures  
describing the rights and liabilities of
 customers of domestic care services and
 require that such services provide such
 disclosures to customers in any        
contract for such services4  #a4 ,short 
title ,this ,act may be cited as the    
,notification of ,your ,eldercare       
,rights ,act4  #b4 ,disclosure of rights
 and liabilities of customers of        
domestic care services  7a7 ,draft      
disclosure document and requirement ,to 
include in contract ,not later than one 
year after the date of enactment of this
 ,act1 the ,secretary of ,labor1 in     
consultation with the ,secretary of     

,health and ,human ,services1 shall--   
7#a7 draft a two-page disclosure        
document including the disclosures      
described in subsection 7b72 and  7#b7  
require1 by rule1 that any provider of  
domestic care services-- 7,a7 provide   
such disclosure document to each        
customer prior to entering into contract
 with such customer for the provision of
 such services2 and  7,b7 disclose to   
the customer whether the individual or  
individuals who will provide such       
services are employees of the provider  
of domestic care services or independent
 contractors for purposes of treatment  
under the ,fair ,labor ,standards ,act  
of #aich4  7b7 ,required disclosures    
,the disclosures required to be included
 on the disclosure document described in
 subsection 7a7 shall include-- 7#a7    
information substantially similar to the
 information contained on ,fact ,sheets 
#gi and #gi;,b issued by the ,wage and  
,hour ,division of the ,department of   
,labor and relating to private homes and

 domestic service employment and live-in
 domestic service workers1 respectively1
 under the ,fair ,labor ,standards ,act 
of #aich2  7#b7 simple1 plain-language  
explanation of the difference between   
employees of the provider of domestic   
care services or independent            
contractors1 for purposes of treatment  
under the ,fair ,labor ,standards ,act  
of #aich2 and  7#c7 disclosures         
regarding-- 7,a7 the rights and legal   
liabilities of the customer with respect
 to any employee or independent         
contractor1 including rights of action2 
7,b7 the presence or lack of vicarious  
liability of the provider of domestic   
care services with respect to an        
employee or independent contractor2 and 
7,c7 any liability the customer might   
have with respect to keeping their      
property free from unreasonable risk of 
harm4  #c4 ,enforcement  7a7 ,prohibited
 ,act ,beginning on the effective date  
of the rule required by section #b1 it  
shall be unlawful for any provider of   

domestic care services to enter into    
contract with any customer for the      
provision of such services without first
 providing the prospective customer with
 the disclosure document required by    
section #b4  7b7 ,penalty ,any person   
who violates subsection 7a7 shall be    
subject to a civil penalty not to exceed
 #a1ajj per violation4 ,any person who  
violates subsection 7a7 having          
previously been assessed a civil penalty
 under this section1 or who knowingly   
violates subsection 7a71 shall be       
subject to a civil penalty not to exceed
 #e1jjj per violation4  #d4 ,definitions
 ,as used in this ,act-- 7#a7 the term  
domestic care services means those      
services described in section           
#ac7;a77#ae7 of the ,fair ,labor        
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bac7;a77#ae772 and  7#b7 the term      
provider of domestic care services means
 a business that employs or contracts   
with individuals who provide domestic   
care services to customers of the       

business4