,,ii  #aadth ,,congress  #ast ,session  
,s4 #bbba  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #bi1  
#bjae,mr4 ,roberts 7for himself1 ,mr4   
,alexander1 ,mr4 ,isakson1 ,mr4 ,enzi1  
,mr4 ,cornyn1 ,mr4 ,risch1 ,mr4 ,hatch1 
,mrs4 ,fischer1 ,mr4 ,flake1 ,mr4       
,mc,cain1 ,mr4 ,vitter1 ,mr4 ,coats1 and
 ,mr4 ,moran7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to preserve the companionship  
services exemption for minimum wage and 
overtime pay1 and the live-in domestic  
services exemption for overtime pay1    
under the ,fair ,labor ,standards ,act  
of #aich4  #a4 ,short title ,this ,act  
may be cited as the ,ensuring ,access to
 ,affordable and ,quality ,home ,care   
for ,seniors and ,people with           
,disabilities ,act4  #b4 ,definitions   
,section #c of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc7 is amended by adding at the end   

the following3  7z7 7#a7 7,a7 ,except as
 provided in subparagraph 7,b71         
companionship services as used in       
section #ac7;a77#ae71 means services    
that provide fellowship1 care1 and      
protection for individuals who1 because 
of advanced age or physical or mental   
infirmity1 are unable to care for       
themselves1 including non-medical       
in-home personal care 7which includes   
assistance with activities of daily     
living and instrumental activities of   
daily living7 and household work related
 to the care of the aged or infirm      
individuals 7such as meal preparation1  
bed making1 washing of clothes1 errands1
 assistance to appointments1 laundry1   
medication reminders1 bathing1          
assistance with incontinence and        
grooming1 and other similar services74  
,such term may include the performance  
of general household work1 provided that
 such work does not exceed #bj percent  
of the total weekly hours worked4  7,b7 
,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 personnel1 such as a registered 
or practical nurse4  7#b7 ,domestic     
service as used in subsections 7a77#ae7 
and 7b77#ba7 of section #ac1 means      
services of a household nature performed
 by an employee in or about a private   
home 7permanent or temporary71 including
 employees such as cooks1 waiters1      
butlers1 valets1 maids1 housekeepers1   
nannies1 nurses1 janitors1 laundresses1 
caretakers1 handymen1 gardeners1        
certified nursing assistants1 home care 
aides1 home health aides1 personal care 
aides1 chauffeurs of automobiles for    
family use1 and babysitters employed on 
other than a casual basis4  7#c7        
,third-party employment as used in      
subsections 7a77#ae7 and 7b77#ba7 of    
section #ac1 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     
employee1 whether or not such employee  
provides services to more than one      
family or household in the same         
workweek4  4  #c4 ,preservation of the  
companionship services exemption        
,paragraph 7#ae7 of section #ac7;a7 of  
the ,fair ,labor ,standards ,act of     
#aich 7#bi ,u4,s4,c4 #bac7;a77#ae77 is  
amended--  7#a7 by inserting 7including 
through third-party employment7 after   
companionship services2 and  7#b7 by    
striking 7as such terms are defined and 
delimited by regulations of the         
,secretary74  #d4 ,preservation of the  
live-in domestic services exemption     
,paragraph 7#ba7 of section #ac7;b7 of  
the ,fair ,labor ,standards ,act of     
#aich 7#bi ,u4,s4,c4 #bac7;b77#ba77 is  
amended by inserting 7including through 
third-party employment7 after domestic  
service4