,,ii #aafth ,,congress #ast ,session ,s4 #baab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjai ,ms4 ,harris 7for herself1 ,mrs4 ,gillibrand1 ,mr4 ,booker1 ,ms4 ,klobuchar1 ,mr4 ,sanders1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to enhance the rights of domestic workers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,domestic ,workers ,bill of ,rights ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,,title ,i--,domestic worker rights and protections ,subtitle ,a--,amendments to the ,fair ,labor ,standards ,act of #aich ,sec4 #aja4 ,overtime protections for live-in domestic employees4 ,sec4 #ajb4 ,live-in domestic employees termination notices and communications4 ,sec4 #ajc4 ,enforcement4 ,subtitle ,b--,domestic worker rights ,sec4 #aaj4 ,written agreements4 ,sec4 #aaa4 ,earned sick days4 ,sec4 #aab4 ,fair scheduling practices4 ,sec4 #aac4 ,right to request and receive temporary changes to scheduled work hours due to personal events4 ,sec4 #aad4 ,privacy4 ,sec4 #aae4 ,breaks for meals and rest4 ,sec4 #aaf4 ,unfair wage deductions for cash shortages1 breakages1 loss1 or modes of communication4 ,sec4 #aag4 ,prohibited acts4 ,sec4 #aah4 ,enforcement authority4 ,sec4 #aai4 ,effect on existing employment benefits and other laws4 ,subtitle ,c--,domestic worker health and safety ,sec4 #aba4 ,national domestic worker hotline4 ,sec4 #abb4 ,access to health and safety4 ,sec4 #abc4 ,occupational safety and health training grants4 ,sec4 #abd4 ,study of access to workers' compensation4 ,sec4 #abe4 ,workplace harassment survivor supports study4 ,subtitle ,d--,amendment to title ,,vii of ,civil ,rights ,act of #aifd ,sec4 #aca4 ,including certain domestic workers in civil rights protections against discrimination in employment4 ,,title ,,ii--,organizing1 benefits1 and workforce investment ,sec4 #bja4 ,domestic worker wage and standards board4 ,sec4 #bjb4 ,domestic workers' benefits study4 ,sec4 #bjc4 ,workforce investment activities grants for domestic workers4 ,sec4 #bjd4 ,report on career pathways1 training standards1 and apprenticeships for domestic workers4 ,,title ,,iii--,implementation of the domestic workers bill of rights ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,notice of domestic worker rights4 ,sec4 #cjc4 ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement4 ,sec4 #cjd4 ,national grant for community-based education1 outreach1 and enforcement of domestic worker rights4 ,sec4 #cje4 ,encouraging the use of fiscal intermediaries4 ,sec4 #cjf4 ,j-#a ,visa program4 ,sec4 #cjg4 ,application to domestic workers who provide ,medicaid-funded services4 ,sec4 #cjh4 ,delayed enforcement for government-funded programs4 ,,title ,,iv--,funding ,sec4 #dja4 ,temporary increase in the ,federal medical assistance percentage for ,medicaid-funded services provided by domestic workers4 ,sec4 #djb4 ,process for determining an increased ,,fmap to ensure a robust homecare workforce under ,medicaid4 ,sec4 #djc4 ,authorization of appropriations4 #b4 ,findings ,congress finds the following3 7#a7 ,there are an estimated #b1ejj1jjj domestic workers across the ,united ,states working in the homes of people of the ,united ,states to provide home and personal care1 child care1 and house cleaning services4 7#b7 ,domestic work makes all other work possible4 ,it is work that cannot be outsourced to workers living outside of the ,united ,states1 nor is it close to being automated4 ,without the millions of domestic workers caring for children1 seniors1 and individuals with disabilities1 and cleaning homes1 much of the economy would come to a standstill4 7#c7 ,the employment of individuals in domestic service in households affects commerce as described in section #b7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjb7;a774 7#d7 ,domestic workers are hired or contacted for work by phone1 mail1 or ,internet1 or through newspaper ads1 and travel to work through transportation on interstate highways1 interstate transit1 or vehicles in interstate commerce4 7#e7 ,in #bjaf1 the ,bureau of ,labor ,statistics predicted that between #bjaf and #bjbf-- 7,a7 the number of new jobs for home health and personal care aides will increase #da percent1 which is an increase of #a1bjj1jjj jobs and the largest increase in new jobs of any occupational category during such period2 and 7,b7 the number of new jobs for child care and house cleaning positions will increase #f to #g percent4 7#f7 ,nine out of ten domestic workers are women1 and such women are disproportionately people of color and immigrants4 ,women1 people of color1 and immigrants have historically faced barriers to employment and economic advancement4 7#g7 ,domestic workers face low wages and unacceptable working conditions4 ,data from the ,bureau of ,labor ,statistics indicates that the average wage for a domestic worker is approximately #aa per hour1 or #bc1jjj per year if working full-time4 ,in practice1 the average wage for a domestic worker is less than such approximation given that domestic work has largely been negotiated in the informal labor market4 7#h7 ,a landmark study of domestic workers published in #bjab by the ,national ,domestic ,workers ,alliance and the ,center for ,urban ,economic ,development of the ,university of ,illinois at ,chicago ,data ,center titled ,home ,economics3 ,the ,invisible and ,unregulated ,world of ,domestic ,work indicated poor working conditions across the domestic workers industry4 ,the findings of such study included that-- 7,a7 domestic workers have little control over their working conditions1 and employment is usually arranged without a written contract2 7,b7 #ce percent of domestic workers interviewed reported that they worked long hours without breaks in the year immediately preceding the interview2 7,c7 #be percent of live-in domestic workers had responsibilities that prevented them from getting at least #e hours of uninterrupted sleep at night during the week immediately preceding the interview2 and 7,d7 #ia percent of domestic workers 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 job4 7#i7 ,the study described in paragraph 7#h7 found that domestic workers have little access to federally supported employment benefits4 ,for instance3 7,a7 ,less than #b percent of such workers receive retirement or pension benefits1 and less than #i percent of such workers work for employers that collect payroll taxes on wages paid to such workers to provide eligibility for ,social ,security benefits4 7,b7 ,sixty-five percent of such workers do not have health insurance1 and only #d percent of such workers receive employer-provided insurance1 despite the fact that domestic work is hazardous and often results in illness or physical injuries4 7#aj7 ,compounding these challenges is the fact that many domestic workers have been1 and in many cases continue to be1 excluded from key provisions of labor and employment laws like the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 the ,occupational ,health and ,safety ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 and the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 ,minimum employee threshold rules1 misclassification of domestic workers as independent contractors1 and exclusion of independent contractors from coverage means that most domestic workers are also de facto excluded from ,federal civil rights protections1 including protections under title ,,vii of the ,civil ,rights ,act of #aifd 7#bi ,u4,s4,c4 #bjjj;e et seq47 and other laws4 7#aa7 ,the ,international ,labour ,organization's ,domestic ,workers ,convention1 adopted in #bjaa1 calls for domestic workers to have the right to freedom of association and collective actions1 protections against harassment1 privacy rights1 and the right to be informed of conditions of employment4 ,this ,convention also calls for the right of domestic workers to keep their travel documents1 the right to overtime compensation and rest breaks1 the right to minimum wage coverage1 the right to occupational safety and health protections1 and mechanisms to pursue complaints and ensure compliance with the law4 7#ab7 ,the unique nature of their work1 in private homes with individuals and families1 also often makes it difficult for domestic workers to use ,federal programs and policies to improve their skills and training and to join together collectively to negotiate better pay and working conditions4 7#ac7 ,many domestic workers are also vulnerable to discrimination and sexual harassment4 ,these issues are further exacerbated by the unique working conditions faced by domestic workers1 such as isolation1 poverty1 immigration status1 the lack of familiarity with the law and legal processes1 limited networks for support1 language barriers1 and fear of retaliation and deportation4 7#ad7 ,millions of older individuals1 individuals with disabilities1 and families are increasingly relying on domestic workers4 ,by bringing domestic work out of the shadows and creating incentives and investments that help raise wages and standards for domestic workers1 the ,federal ,government can lift millions of the most vulnerable workers out of poverty1 reduce turnover due to poor working conditions1 thereby enhancing quality of care1 and support the millions of working and retired people of the ,united ,states who rely on them4 #c4 ,definitions 7a7 ,fair ,labor ,standards ,act definitions ,in this ,act1 the terms commerce1 employ1 employee1 employer1 enterprise1 enterprise engaged in commerce or in the production of goods for commerce1 goods1 person1 and ,state have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7b7 ,other definitions ,in this ,act3 7#a7 ,child ,the term child-- 7,a7 means an individual who is under #ah years of age2 and 7,b7 includes an individual described in subparagraph 7,a7 who is-- 7i7 a biological1 foster1 or adopted child2 7ii7 a stepchild2 7iii7 a child of a domestic partner2 7iv7 a legal ward2 or 7v7 a child of a person standing in loco parentis4 7#b7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#c7 ,domestic partner 7,a7 ,in general ,the term domestic partner1 with respect to an individual1 means another individual with whom the individual is in a committed relationship4 7,b7 ,committed relationship defined ,the term committed relationship for purposes of subparagraph 7,a7-- 7i7 means a relationship between #b individuals1 each at least #ah years of age1 in which both individuals share responsibility for a significant measure of each other's common welfare2 and 7ii7 includes any such relationship between #b individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state or political subdivision of a ,state as a marriage or analogous relationship1 including a civil union or domestic partnership4 7#d7 ,domestic services ,the term domestic services-- 7,a7 means services of a household nature provided in interstate commerce and performed by an individual in or about a private home 7permanent or temporary72 and 7,b7 includes services performed by individuals such as companions1 babysitters1 cooks1 waiters1 butlers1 valets1 maids1 housekeepers1 nannies1 nurses1 janitors1 laundresses1 caretakers1 handymen1 gardeners1 home health aides1 personal care aides1 and chauffeurs of automobiles for family use4 7#e7 ,domestic worker ,the term domestic worker-- 7,a7 means1 except as provided in subparagraph 7,b71 an individual1 including an employee1 who is compensated directly or indirectly for the performance of domestic services2 and 7,b7 does not include-- 7i7 a family member1 friend1 or neighbor of a child1 or a parent of a child1 who provides child care in the child's home2 7ii7 any individual who is an employee of a family child care provider or is a family child care provider2 and 7iii7 any employee described in section #ac7;a77#ae7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#ae774 7#f7 ,domestic work hiring entity ,the term domestic work hiring entity-- 7,a7 means any person who provides compensation directly or indirectly to a domestic worker for the performance of domestic services2 and 7,b7 includes-- 7i7 a person acting directly or indirectly in the interest of a hiring entity in relation to a domestic worker2 and 7ii7 an employer of a domestic worker4 7#g7 ,family child care provider ,the term family child care provider means #a or more individuals who provide child care services1 in a private residence other than the residence of the child receiving the services1 for fewer than #bd hours per day for the child 7unless the nature of the work of the parent of the child requires #bd-;hour care74 7#h7 ,functionally disabled elderly individual ,the term functionally disabled elderly individual has the meaning given such term in section #aibi7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acift7b774 7#i7 ,parent ,the term parent1 with respect to a parent of a domestic worker1 means a biological1 foster1 or adoptive parent of a domestic worker1 a stepparent of a domestic worker1 parent-in-law of a domestic worker1 parent of a domestic partner of a domestic worker1 or a legal guardian or other person who stood in loco parentis to the domestic worker when the worker was a child4 7#aj7 ,personal or home care aide ,the term personal or home care aide has the meaning given the term in section #aije7;ff77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7ff77#c774 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor1 except as otherwise specified in this ,act4 7#ab7 ,self-directed care ,the term self-directed care1 with respect to an individual1 means services for the individual that are planned and purchased under the direction and control of the individual1 including the amount1 duration1 scope1 provider1 and location of the services4 7#ac7 ,shared living arrangement ,the term shared living arrangement means a living arrangement involving-- 7,a7 except if #a or more of the individuals are related to each other 7by blood or a close association that is equivalent to a family relationship71 not more than #b individuals who are an individual with a disability or a functionally disabled elderly individual2 7,b7 an individual providing services for compensation and living in the private home of the recipient of such services2 7,c7 an individual receiving funding through a ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 or another publicly funded program2 7,d7 a stipend or room and board as the primary form of payment for the individual providing such services2 and 7,e7 the individual receiving such services having the final decision regarding who is the provider of such services living with the individual1 through a consumer-driven matching process that includes relationship building1 person-centered planning as defined by the ,administrator of the ,centers for ,medicare ,medicaid ,services1 and an assessment of individual compatibility4 7#ad7 ,spouse ,the term spouse1 with respect to a domestic worker1 has the meaning given such term by the marriage laws of the ,state in which the marriage was celebrated4 ,i ,domestic worker rights and protections ,a ,amendments to the ,fair ,labor ,standards ,act of #aich #aja4 ,overtime protections for live-in domestic employees ,section #ac7;b77#ba7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;b77#ba77 is repealed4 #ajb4 ,live-in domestic employees termination notices and communications 7a7 ,in general ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 is amended by inserting after section #g 7#bi ,u4,s4,c4 #bjg7 the following3 #h4 ,live-in domestic employees termination notices and communications 7a7 ,definition of live-,in domestic employee ,in this section1 the term live-in domestic employee means any employee who-- 7#a7 is employed in domestic service in a household and resides in such household2 and 7#b7 in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce4 7b7 ,notice of termination for live-,in domestic employees 7#a7 ,in general ,if an employer terminates the employment of a live-in domestic employee1 the employer shall1 except as provided in paragraph 7#c71 provide the live-in domestic employee with-- 7,a7 written notice of the termination2 and 7,b7 7i7 not less than #cj calendar days of lodging customarily provided-- 7,i7 on the employer's household premises2 or 7,,ii7 on another premise of a comparable lodging condition2 or 7ii7 severance pay in an amount equivalent to the live-in domestic employee's average earnings for #b weeks of employment in the preceding #f months4 7#b7 ,off-site lodging or severance ,if an employer chooses to provide a live-in domestic employee who is terminated as described in paragraph 7#a7 lodging described in paragraph 7#a77;,b77i77,,ii7 or severance pay described in paragraph 7#a77;,b77ii71 the employer shall allow the live-in domestic employee not less than #bd hours to vacate the employer's household4 7#c7 ,exception 7,a7 ,in general ,the requirements under paragraph 7#a7 shall not be required in a case involving a good faith allegation described in subparagraph 7,b7 that the live-in domestic employee has engaged in abuse or neglect1 or caused any other harmful conduct against the employer1 any member of the employer's family1 or any individual residing in the employer's household4 7,b7 ,good faith allegations ,a good faith allegation under subparagraph 7,a7 shall be-- 7i7 made in writing and provided to the employee not later than #dh hours after the employer has knowledge of the conduct2 7ii7 supported by a reasonable basis and belief2 and 7iii7 made without reckless disregard or willful ignorance of the truth4 7c7 ,communications for live-,in domestic employees 7#a7 ,in general ,if an employer requires an employee to be a live-in domestic employee1 the employer shall-- 7,a7 provide the employee with the ability1 and reasonable opportunity1 to access telephone and internet services in accordance with paragraph 7#b72 and 7,b7 without the employer's interference1 permit the employee to send and receive communications by text message1 social media1 electronic or regular mail1 and telephone calls4 7#b7 ,telephone and internet services 7,a7 ,employer with services ,if an employer subject to the requirement under paragraph 7#a7 has telephone or internet services for the household of the employer1 the employer shall provide the live-in domestic employee with reasonable access to such services without charge to the employee4 7,b7 ,employer without services ,if an employer subject to the requirement under paragraph 7#a7 does not have telephone or internet services for the household of the employer1 the employer-- 7i7 shall provide the live-in domestic employee with a reasonable opportunity to access such services at another location2 and 7ii7 shall not be required to pay for such services4 4 7b7 ,conforming amendment ,section #aj of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baj7 is repealed4 #ajc4 ,enforcement 7a7 ,prohibited act ,section #ae7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking the period and inserting 2 and2 and 7#b7 by adding at the end the following3 7#f7 to violate any provision of section #h1 including any regulation or order issued by the ,secretary under that section4 4 7b7 ,penalties ,section #af of such ,act 7#bi ,u4,s4,c4 #baf7 is amended-- 7#a7 in subsection 7b71 by inserting ,any employer who violates section #h7;b7 shall be liable to the employee affected in an amount of severance pay that is calculated with respect to the employee in accordance with section #h7;b77#a77;,b77ii71 and in an additional equal amount as liquidated damages4 ,any employer who violates section #h7;c7 shall be liable to the employee affected in an amount that is not to exceed #b1jjj for each violation4 after the third sentence2 and 7#b7 in subsection 7c71 by adding at the end the following3 ,the authority and requirements described in this subsection shall also apply with respect to a violation of section #h1 as appropriate1 and the employer shall be liable for the amounts described in subsection 7b7 for violations of such section44 7c7 ,injunction proceedings ,section #ag of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bag7 is amended by striking 7except sums and inserting and in the case of violations of section #ae7;a77#f7 the restraint of any withholding of severance pay and other damages found by the court to be due to employees under this ,act 7except in either case sums4 7d7 ,statute of limitations ,section #f of the ,portal-to-,portal ,act of #aidg 7#bi ,u4,s4,c4 #bee7 is amended1 in the matter preceding subsection 7a71 by inserting 7and any cause of action to enforce section #h of such ,act7 after under the ,fair ,labor ,standards ,act of #aich1 as amended4 ,b ,domestic worker rights #aaj4 ,written agreements 7a7 ,covered domestic worker ,in this section1 the term covered domestic worker means any domestic worker to whom the domestic work hiring entity expects to provide compensation for the performance of domestic services by the worker for not less than #h hours per week4 7b7 ,requirement ,each domestic work hiring entity shall provide a written agreement in accordance with this section to each covered domestic worker hired by the entity4 7c7 ,written agreement requirements 7#a7 ,in general ,a written agreement required under this section shall-- 7,a7 be signed and dated by the covered domestic worker and the domestic work hiring entity2 7,b7 be written in a language easily understood by the covered domestic worker and the domestic work hiring entity1 which may be in multiple languages if the worker and the entity do not easily understand the same language2 and 7,c7 include the contents described in subsection 7d74 7#b7 ,copy ,a copy of the written agreement required under this section shall be provided to the covered domestic worker at the time the worker is hired by the domestic work hiring entity4 7d7 ,contents of the written agreement 7#a7 ,in general ,the contents described in this subsection shall include each of the following3 7,a7 ,the full name1 address1 and contact information of the domestic work hiring entity1 including any doing business as name of the entity and the name of each individual of the domestic work hiring entity who will be doing business with the covered domestic worker1 as appropriate4 7,b7 ,the address for the location where the covered domestic worker will be providing domestic services for the domestic work hiring entity4 7,c7 ,the responsibilities1 including regularity in performing such responsibilities1 associated with the domestic services provided by the covered domestic worker for the domestic work hiring entity4 7,d7 ,the rate of pay of the covered domestic worker1 including when and how the worker will be paid and any additional compensation required-- 7i7 in the case in which the covered domestic worker is an employee1 for overtime hours worked under section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg72 7ii7 for duties that exceed the required duties of the covered domestic worker2 or 7iii7 for a multilingual skill required of the covered domestic worker4 7,e7 ,required working hours of the covered domestic worker1 including-- 7i7 meal and rest breaks described in section #aae2 7ii7 time off2 7iii7 the work schedule of the worker at the time of hire1 including-- 7,i7 a good faith estimate of the days and hours for which the covered domestic worker will be expected to work for the domestic work hiring entity each week2 7,,ii7 the average number of hours the covered domestic worker will be expected to work for the domestic work hiring entity each week during a typical #ij-;day period2 7,,iii7 whether the covered domestic worker can expect to work any on-call shifts1 as defined in paragraph 7#d71 for the domestic work hiring entity2 and 7,,iv7 a subset of days the covered domestic worker can typically expect to work 7or to be scheduled as off from work7 for the domestic work hiring entity2 7iv7 the reporting time pay policy described in section #aab7;b72 and 7v7 the right to request and receive a change to scheduled work hours due to personal event as described in section #aac4 7,f7 ,if applicable1 any policies of the domestic work hiring entity with respect to the covered domestic worker for paying for or providing reimbursement for-- 7i7 health insurance2 7ii7 transportation1 meals1 or lodging2 and 7iii7 any other fees or costs associated with the domestic services provided by the covered domestic worker for the entity4 7,g7 ,if applicable1 any policies of the domestic work hiring entity with respect to the covered domestic worker for-- 7i7 annual or other pay increases2 7ii7 severance pay2 and 7iii7 providing materials or equipment related to the performance of domestic service by the covered domestic worker1 including 7if applicable7 any cleaning supplies provided by the entity4 7,h7 ,information about policies1 procedures1 and equipment related to safety and emergencies4 7,i7 ,if applicable1 the right of the covered domestic worker to collect workers' compensation benefits if injured on the job4 7,j7 ,the policy of the domestic work hiring entity pertaining to notice of termination of the covered domestic worker by the domestic work hiring entity4 7,k7 ,in the case of a covered domestic worker who resides in the household of the person for whom the worker provides domestic services-- 7i7 the circumstances under which the domestic work hiring entity may enter the worker's designated living space2 7ii7 the circumstances under which the covered domestic worker in a shared living arrangement may enter the domestic work hiring entity's designated living space2 and 7iii7 a description1 in accordance with paragraph 7#c71 of certain circumstances the domestic work hiring entity determines as cause for-- 7,i7 immediate termination of the covered domestic worker2 and 7,,ii7 removal of the covered domestic worker from the household of the person for whom the worker provides domestic services not later than #dh hours after the termination4 7,l7 ,any additional benefits afforded to the covered domestic worker by the domestic work hiring entity4 7,m7 ,the process for the covered domestic worker to raise or address grievances with respect to1 or breaches of1 the written agreement4 7,n7 ,the process used by the domestic work hiring entity to change any policy described in any of the subparagraphs 7,a7 through 7,m71 including addressing additional compensation if responsibilities are added to those described in subparagraph 7,c71 after the date on which the written agreement is provided to the domestic worker4 7,o7 ,a copy of the notice of domestic worker rights document required under section #cjb7;a74 7#b7 ,prohibitions ,a written agreement required under this section may not-- 7,a7 contain-- 7i7 a mandatory pre-dispute arbitration agreement for claims made by a covered domestic worker against a domestic work hiring entity regarding the legal rights of the worker2 or 7ii7 a non-disclosure agreement1 non-compete agreement1 or non-disparagement agreement1 limiting the ability of the covered domestic worker to seek compensation for performing domestic services after the worker ceases to receive compensation from the domestic work hiring entity for the performance of domestic services2 and 7,b7 be construed to waive the rights or protections of a domestic worker under ,federal1 ,state1 or local law4 7#c7 ,immediate termination and removal ,the description in paragraph 7#a77,k77iii7-- 7,a7 shall demonstrate a good faith effort to describe the circumstances that would result in the termination and removal described in such paragraph2 and 7,b7 shall not be required to include a list of all conduct that would constitute cause for such immediate termination and removal4 7#d7 ,definition of on-call shift ,for purposes of paragraph 7#a77;,e77iii77,,iii71 the term on-call shift means any time a domestic work hiring entity expects a covered domestic worker to-- 7,a7 be available to work2 and 7,b7 wait to contact1 or be contacted by1 the entity or a designee of the entity to determine whether the worker shall report to work for the time4 7e7 ,timing 7#a7 ,initial agreement ,a domestic work hiring entity shall provide a written agreement required under this section-- 7,a7 to each covered domestic worker hired after the date of enactment of this ,act1 prior to the first day the worker performs domestic services for the entity2 and 7,b7 to each covered domestic worker hired prior to the date of enactment of this ,act1 #ij days after such date of enactment4 7#b7 ,subsequent agreements ,not later than #cj calendar days after a domestic work hiring entity makes a change to a written agreement provided to a covered domestic worker under this section1 the domestic work hiring shall provide the domestic worker with an updated agreement in accordance with this section4 7f7 ,domestic worker consent ,a covered domestic worker that receives a written agreement under this section shall have not less than #e calendar days to review and agree or suggest changes to the agreement4 7g7 ,records ,a domestic work hiring entity that is required to provide a written agreement under this section to a covered domestic worker shall retain such agreement for a period of not less than #c years from the date on which the covered domestic worker is no longer working for the entity4 7h7 ,model written agreements 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary shall establish and make available templates for model written agreements under this section4 7#b7 ,requirements ,a model written agreement required under paragraph 7#a7 shall-- 7,a7 be available in multiple languages commonly understood by domestic workers1 including all languages in which the ,secretary1 acting through the ,administrator of the ,wage and ,hour ,division1 translates the basic information fact sheet published by the ,administrator2 and 7,b7 not include any agreement described in subsection 7d77#b77;,a74 #aaa4 ,earned sick days 7a7 ,definitions ,in this section3 7#a7 ,domestic violence ,the term domestic violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the domestic work hiring entity involved is located4 ,such term also includes dating violence1 as that term is defined in such section4 7#b7 ,domestic worker ,the term domestic worker means a domestic worker1 as defined in section #c7;b71 other than an individual providing assistance through a shared living arrangement4 7#c7 ,domestic work hiring entity ,the term domestic work hiring entity-- 7,a7 means such a hiring entity1 as defined in section #c7;b71 except that for purposes of this subparagraph1 a reference in that section to a domestic worker shall be considered a domestic worker as defined in paragraph 7#b72 and 7,b7 includes any predecessor of a hiring entity described in subparagraph 7,a74 7#d7 ,employment ,the term employment includes service as a domestic worker4 7#e7 ,employment benefits ,the term employment benefits means all benefits provided or made available to domestic workers by a domestic work hiring entity1 including group life insurance1 health insurance1 disability insurance1 sick leave1 annual leave1 educational benefits1 and pensions1 regardless of whether such benefits are provided by a practice or written policy of a domestic work hiring entity or through an employee benefit plan1 as defined in section #c7c7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7c774 7#f7 ,health care provider ,the term health care provider means a provider who-- 7,a7 is described in section #hbe4abe of title #bi1 ,code of ,federal ,regulations2 and 7,b7 is not employed by a domestic work hiring entity for whom the provider issues certification under this section4 7#g7 ,paid sick time ,the term paid sick time means an increment of compensated leave that can be earned by a domestic worker for use during an absence from employment for any of the reasons described in subparagraphs 7,a7 through 7,d7 of subsection 7b77#b74 7#h7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#i7 ,stalking ,the term stalking has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#aj7 ,victim services organization ,the term victim services organization means a nonprofit1 nongovernmental organization that provides assistance to victims of domestic violence1 sexual assault1 or stalking or advocates for such victims1 including a rape crisis center1 an organization carrying out a domestic violence1 sexual assault1 or stalking prevention or treatment program1 an organization operating a shelter or providing counseling services1 or a legal services organization or other organization providing assistance through the legal process4 7b7 ,earned paid sick time 7#a7 ,earning of time 7,a7 ,in general ,a domestic work hiring entity shall provide each domestic worker employed by the hiring entity not less than #a hour of earned paid sick time for every #cj hours worked1 to be used as described in paragraph 7#b74 ,a domestic work hiring entity shall not be required to permit a domestic worker to earn1 under this subsection1 more than #ef hours of paid sick time in a year1 unless the hiring entity chooses to set a higher limit4 7,b7 ,dates for beginning to earn paid sick time and use ,domestic workers shall begin to earn paid sick time under this subsection at the commencement of their employment4 ,a domestic worker shall be entitled to use the earned paid sick time beginning on the #fjth calendar day following commencement of the domestic worker's employment4 ,after that #fjth calendar day1 the domestic worker may use the paid sick time as the time is earned4 ,a domestic work hiring entity may1 at the discretion of the hiring entity1 loan paid sick time to a domestic worker for use by such domestic worker in advance of the domestic worker earning such sick time as provided in this paragraph and may permit use before the #fjth day of employment4 7,c7 ,carryover 7i7 ,in general ,except as provided in clause 7ii71 paid sick time earned under this subsection shall carry over from one year to the next4 7ii7 ,construction ,this section shall not be construed to require a domestic work hiring entity to permit a domestic worker to earn more than #ef hours of earned paid sick time at a given time4 7,d7 ,hiring entities with existing policies ,any domestic work hiring entity with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in paragraph 7#b7 shall not be required to permit a domestic worker to earn additional paid sick time under this subsection4 7,e7 ,construction ,nothing in this subsection shall be construed as requiring financial or other reimbursement to a domestic worker from a domestic work hiring entity upon the domestic worker's termination1 resignation1 retirement1 or other separation from employment for earned paid sick time that has not been used4 7,f7 ,reinstatement ,if a domestic worker is separated from employment with a domestic work hiring entity and is rehired1 within #ab months after that separation1 by the same hiring entity1 the hiring entity shall reinstate the domestic worker's previously earned paid sick time4 ,the domestic worker shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the domestic work hiring entity4 7,g7 ,prohibition ,a domestic work hiring entity may not require1 as a condition of providing paid sick time under this subsection1 that the domestic worker involved search for or find a replacement to cover the hours during which the domestic worker is using paid sick time4 7#b7 ,uses ,paid sick time earned under this subsection may be used by a domestic worker for any of the following3 7,a7 ,an absence resulting from a physical or mental illness1 injury1 or medical condition of the domestic worker4 7,b7 ,an absence resulting from obtaining professional medical diagnosis or care1 or preventive medical care1 for the domestic worker4 7,c7 ,an absence for the purpose of caring for a child1 a parent1 a spouse1 a domestic partner1 or any other individual related by blood or affinity whose close association with the domestic worker is the equivalent of a family relationship1 who-- 7i7 has any of the conditions or needs for diagnosis or care described in subparagraph 7,a7 or 7,b72 7ii7 in the case of care for someone who is a child1 is the subject of a school meeting1 or a meeting at a place where the child is receiving care necessitated by the child's health condition or disability1 that the domestic worker is required to attend2 or 7iii7 is otherwise in need of care4 7,d7 ,an absence resulting from domestic violence1 sexual assault1 or stalking1 if the time is to-- 7i7 seek medical attention for the domestic worker or a related person described in subparagraph 7,c71 to recover from physical or psychological injury or disability caused by domestic violence1 sexual assault1 or stalking2 7ii7 obtain or assist a related person described in subparagraph 7,c7 in obtaining services from a victim services organization2 7iii7 obtain or assist a related person described in subparagraph 7,c7 in obtaining psychological or other counseling2 7iv7 seek or assist a related person in seeking relocation2 or 7v7 take or assist a related person in taking legal action1 including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence1 sexual assault1 or stalking4 7#c7 ,scheduling ,a domestic worker shall make a reasonable effort to schedule a period of paid sick time under this subsection in a manner that does not unduly disrupt the operations of the domestic work hiring entity4 7#d7 ,procedures 7,a7 ,in general ,paid sick time shall be provided upon the oral or written request of a domestic worker4 ,such request shall-- 7i7 include the expected duration of the period of such time2 7ii7 in a case in which the need for such period of time is foreseeable at least #g days in advance of such period1 be provided at least #g days in advance of such period2 and 7iii7 otherwise1 be provided as soon as practicable after the domestic worker is aware of the need for such period4 7,b7 ,certification in general 7i7 ,provision 7,i7 ,in general ,subject to clause 7iv71 a domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#b7 be supported by a certification issued by the health care provider of the eligible domestic worker or of an individual described in paragraph 7#b77;,c71 as appropriate1 if the period of such time covers more than #c consecutive workdays4 7,,ii7 ,timeliness ,the domestic worker shall provide a copy of such certification to the domestic work hiring entity in a timely manner1 not later than #cj days after the first day of the period of time4 ,the domestic work hiring entity shall not delay the commencement of the period of time on the basis that the hiring entity has not yet received the certification4 7ii7 ,sufficient certification ,a certification provided under clause 7i7 shall be sufficient if it states-- 7,i7 the date on which the period of time will be needed2 7,,ii7 the probable duration of the period of time2 7,,iii7 the appropriate medical facts within the knowledge of the health care provider regarding the condition involved1 subject to clause 7iii72 7,,iv7 for purposes of paid sick time under paragraph 7#b77;,a71 a statement that absence from work is medically necessary2 7,v7 for purposes of such time under paragraph 7#b77;,b71 the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care2 and 7,,vi7 for purposes of such time under paragraph 7#b77;,c71 in the case of time to care for someone who is not a child1 a statement that care is needed for an individual described in such paragraph1 and an estimate of the amount of time that such care is needed for such individual4 7iii7 ,limitation ,in issuing a certification under clause 7i71 a health care provider shall make reasonable efforts to limit the medical facts described in clause 7ii77,,iii7 that are disclosed in the certification to the minimum necessary to establish a need for the domestic worker to utilize paid sick time4 7iv7 ,regulations ,the ,secretary shall prescribe regulations that shall specify the manner in which a domestic worker who does not have health insurance shall provide a certification for purposes of this subparagraph4 7v7 ,confidentiality and nondisclosure 7,i7 ,protected health information ,nothing in this section shall be construed to require a health care provider to disclose information in violation of section #aagg of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d-#f7 or the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note74 7,,ii7 ,health information records ,if a domestic work hiring entity possesses health information about a domestic worker or a related person described in paragraph 7#b77;,c71 such information shall-- 7aa7 be maintained on a separate form and in a separate file from other personnel information2 7bb7 be treated as a confidential medical record2 and 7cc7 not be disclosed except to the affected domestic worker or with the permission of the affected domestic worker4 7,c7 ,certification in the case of domestic violence1 sexual assault1 or stalking 7i7 ,in general ,a domestic work hiring entity may require that a request for paid sick time under this subsection for a purpose described in paragraph 7#b77;,d7 be supported by any one of the following forms of documentation1 but the domestic work hiring entity may not specify the particular form of documentation to be provided3 7,i7 ,a police report indicating that the domestic worker1 or a related person described in paragraph 7#b77;,d71 was a victim of domestic violence1 sexual assault1 or stalking4 7,,ii7 ,a court order protecting or separating the domestic worker or a related person described in paragraph 7#b77;,d7 from the perpetrator of an act of domestic violence1 sexual assault1 or stalking1 or other evidence from the court or prosecuting attorney that the domestic worker or a related person described in paragraph 7#b77;,d7 has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence1 sexual assault1 or stalking4 7,,iii7 ,other documentation signed by an individual 7who may be a volunteer7 working for a victim services organization1 an attorney1 a police officer1 a medical professional1 a social worker1 an antiviolence counselor1 or a member of the clergy1 affirming that the domestic worker or a related person described in paragraph 7#b77;,d7 is a victim of domestic violence1 sexual assault1 or stalking4 7ii7 ,requirements ,the requirements of subparagraph 7,b7 shall apply to certifications under this paragraph1 except that-- 7,i7 subclauses 7,,iii7 through 7,,vi7 of clause 7ii7 and clause 7iii7 of such subparagraph shall not apply2 7,,ii7 the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the domestic worker to be absent from work1 and the domestic worker shall not be required to explain the details of the domestic violence1 sexual assault1 or stalking involved2 and 7,,iii7 with respect to confidentiality under clause 7v7 of such subparagraph1 any information provided to the domestic work hiring entity under this subparagraph shall be confidential1 except to the extent that any disclosure of such information is-- 7aa7 requested or consented to in writing by the domestic worker2 or 7bb7 otherwise required by applicable ,federal or ,state law4 7c7 ,construction and application 7#a7 ,effect on other laws 7,a7 ,federal and ,state antidiscrimination laws ,nothing in this section shall be construed to modify or affect any ,federal or ,state law prohibiting discrimination on the basis of race1 religion1 color1 national origin1 sex 7including sexual orientation and gender identity71 age1 disability1 marital status1 familial status1 or any other protected status4 7,b7 ,state and local laws ,nothing in this section shall be construed to supersede 7including preempting7 any provision of any ,state or local law that provides greater paid sick time or leave rights 7including greater amounts of paid sick time or leave1 or greater coverage of those eligible for paid sick time or leave7 than the rights established under this section4 7#b7 ,effect on existing employment benefits 7,a7 ,more ,protective ,nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract1 any collective bargaining agreement1 or any employment benefit program or plan that provides greater paid sick leave or other leave rights to domestic workers than the rights established under this section4 7,b7 ,less protective ,the rights established for domestic workers under this section shall not be diminished by any contract1 any collective bargaining agreement1 or any employment benefit program or plan4 7d7 ,effective date ,this section1 other than subsection 7b77#d77;,b77#d71 takes effect #b years after the date of enactment of this ,act4 #aab4 ,fair scheduling practices 7a7 ,definition of scheduled work hours ,in this section1 the term scheduled work hours means the hours on a specified day during which a domestic worker is required by a domestic work hiring entity through a schedule to perform domestic services for the entity and for which the worker will receive compensation4 7b7 ,reporting time pay requirement ,subject to paragraphs 7#a7 and 7#b7 of subsection 7d71 a domestic work hiring entity shall pay a domestic worker-- 7#a7 the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker after the domestic worker arrives to work for the scheduled work hours2 or 7#b7 at a rate of #a_/b of the regular rate of pay of the domestic worker for any scheduled work hours the domestic worker does not work due to the domestic work hiring entity canceling or reducing the scheduled work hours of the domestic worker at a time that is less than #gb hours prior to the commencement of such scheduled work hours1 unless the domestic work hiring entity-- 7,a7 is an individual with a disability who relies on self-directed care2 and 7,b7 requests the domestic worker to consent to work alternative1 equivalent scheduled work hours within a #g-;day period and the worker consents to work such alternative1 equivalent hours4 7c7 ,right ,to decline schedule changes 7#a7 ,in general ,subject to subsection 7d77#b71 in the case of a covered domestic worker 7as defined in section #aaj7;a771 if a domestic work hiring entity wishes to include work hours in the scheduled work hours of such worker that are identified as hours in which the worker can typically expect to be scheduled as off from work in accordance with the written agreement under section #aaj7;d77#a77;,e77iii77,,iv71 the hiring entity shall obtain the written consent of the worker to work such hours prior to the commencement of such work4 7#b7 ,consent ,the consent required under paragraph 7#a7 may be transmitted electronically to the domestic work hiring entity4 7d7 ,exceptions 7#a7 ,in general ,notwithstanding any provision in this section1 the requirements under subsection 7b7 shall not apply-- 7,a7 during any period in which the operations of the domestic work hiring entity cannot begin or continue due to-- 7i7 a fire1 flood1 or other natural disaster2 7ii7 a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia7 or a state of emergency declared by a ,governor of a ,state or chief official of a unit of local government2 or 7iii7 a severe weather condition that poses a threat to worker safety2 or 7,b7 in a case in which-- 7i7 the domestic worker voluntarily requested in writing a change to the scheduled work hours of the worker2 or 7ii7 the domestic work hiring entity changes the scheduled work hours of a domestic worker due to a medical emergency requiring emergency medical treatment or hospitalization4 7#b7 ,shared living arrangement ,the requirements under this section shall not apply to a shared living arrangement4 7e7 ,effective date ,the requirements under this section shall take effect on the date that is #b years after the date of enactment of this ,act4 #aac4 ,right to request and receive temporary changes to scheduled work hours due to personal events 7a7 ,definitions ,in this section3 7#a7 ,covered domestic worker ,the term covered domestic worker has the meaning given the term in section #aaj7;a74 7#b7 ,domestic violence ,the term domestic violence has the meaning given the term in section #aaa7;a74 7#c7 ,personal event ,the term personal event1 with respect to a covered domestic worker1 means-- 7,a7 an event resulting in the need of the covered domestic worker to serve as a caregiver for a child or other care recipient2 7,b7 an event resulting from the obligation of a covered domestic worker to attend a legal proceeding or hearing for subsistence benefits1 including benefits under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 or under a ,state program for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq471 to which the worker1 or a family member or care recipient of the worker1 is a party or witness2 or 7,c7 any circumstance that would constitute a basis for permissible use of safe time1 or family1 medical1 or sick leave1 as determined based on the policy of the domestic work hiring entity4 7#d7 ,safe time ,the term safe time1 with respect to a covered domestic worker1 means an absence from work of the worker resulting from domestic violence1 sexual assault1 or stalking1 if the absence is to-- 7,a7 seek medical attention for the worker or a child1 parent1 spouse1 or domestic partner of the worker1 or an individual related to the worker in order to recover from physical or psychological injury or disability caused by domestic violence1 sexual assault1 or stalking2 7,b7 obtain1 or assist a child1 parent1 spouse1 domestic partner1 or other individual described in subparagraph 7,a7 in obtaining1 services from a victim services organization2 7,c7 obtain1 or assist a child1 parent1 spouse1 domestic partner1 or other individual described in subparagraph 7,a7 in obtaining1 psychological or other counseling2 7,d7 seek relocation for the worker or a child1 parent1 spouse1 domestic partner1 or other individual described in subparagraph 7,a72 or 7,e7 take legal action1 including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence1 sexual assault1 or stalking1 of the worker or a child1 parent1 spouse1 domestic partner1 or other individual described in subparagraph 7,a74 7#e7 ,scheduled work hours ,the term scheduled work hours has the meaning given such term in section #aab7;a71 except that references in such section to the term domestic worker shall be deemed to be a reference to the term covered domestic worker4 7#f7 ,sexual assault2 stalking ,the terms sexual assault and stalking have the meanings given such terms in section #aaa7;a74 7#g7 ,temporary change ,the term temporary change1 with respect to a change in the scheduled work hours of a covered domestic worker1 means a limited alteration in the hours or dates that1 or locations where1 a worker is scheduled to work1 including through using paid time off1 trading or shifting work hours1 or using short-term unpaid leave4 7b7 ,request 7#a7 ,in general ,a domestic work hiring entity shall grant a request of a covered domestic worker for a temporary change to the scheduled work hours of the worker due to a personal event in accordance with this subsection4 7#b7 ,amount of requests ,for each calendar year1 a domestic work hiring entity shall be required1 upon request of a covered domestic worker under paragraph 7#a71 to grant the covered domestic worker not less than-- 7,a7 #b requests under this paragraph for a temporary change to the scheduled work hours of the worker due to a personal event covering not more than #a business day per request2 or 7,b7 #a request under this paragraph for a temporary change to the scheduled work hours of the worker due to a personal event covering not more than #b business days per request4 7#c7 ,notification of request 7,a7 ,in general ,a covered domestic worker who requests a temporary change to the scheduled work hours of the worker due to a personal event under this subsection shall-- 7i7 notify the domestic work hiring entity1 or direct supervisor1 of such worker1 as soon as the worker becomes aware of the need for the temporary change and inform the entity or supervisor that the change is due to a personal event2 7ii7 make a proposal for the temporary change to the scheduled work hours of the worker1 unless the worker seeks leave without pay2 and 7iii7 not be required to initially submit the request in writing1 subject to subparagraph 7,b74 7,b7 ,written record 7i7 ,in general ,a covered domestic worker that requests a temporary change to the scheduled work hours of the worker under this subsection and does not initially submit a request for such change in writing shall1 as soon as practicable and not later than the second business day after the worker returns to work following the conclusion of the temporary change to the scheduled work hours1 submit a written record of such request indicating-- 7,i7 the date for which the change was requested2 and 7,,ii7 that the request was made due to a personal event4 7ii7 ,electronic means ,a domestic work hiring entity may require that a record under this subparagraph be submitted in electronic form if workers of the domestic work hiring entity commonly use an electronic form to request and manage leave and schedule changes4 7iii7 ,waiver ,if a covered domestic worker fails to submit the record required under this subparagraph within the period of time required under clause 7i71 the domestic work hiring entity shall not be required to respond in writing under subsection 7c77#b74 7c7 ,response 7#a7 ,in general ,a domestic work hiring entity who receives a request under subsection 7b7 for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event shall respond as soon as practicable4 ,subject to paragraph 7#b71 such entity shall not be required to initially respond to such request in writing4 7#b7 ,written response ,subject to subsection 7b77#c77;,b77iii71 a domestic work hiring entity that receives a request under subsection 7b7 shall1 as soon as practicable1 and not later than #ad days after the covered domestic worker submits the request under this subsection in writing 7or submits a written record under subsection 7b77#c77;,b771 provide to the covered domestic worker a written response1 which may be in electronic form if such form is easily accessible to the worker4 ,such written response shall include-- 7,a7 an indication of whether the domestic work hiring entity will agree to the temporary change to the scheduled work hours in the manner requested by the worker1 or will provide the temporary change to the scheduled work hours as leave without pay1 which shall not constitute a denial of the request2 7,b7 if the domestic work hiring entity denies the request for a temporary change to the scheduled work hours1 an explanation for the denial2 and 7,c7 the number of requests1 and business days1 under subsection 7b77#b7 the worker has left in the calendar year for a subsequent temporary change under this subsection after taking into account the domestic work hiring entity's decision contained in the written response4 7#c7 ,denial ,notwithstanding any other provision in this section1 a domestic work hiring entity may deny a request for a temporary change to the scheduled work hours of a covered domestic worker due to a personal event under this subsection only-- 7,a7 if the covered domestic worker has already exhausted the allotted requests in the calendar year under subsection 7b77#b72 7,b7 during any period in which the operations of the domestic work hiring entity cannot begin or continue due to-- 7i7 a fire1 flood1 or other natural disaster2 7ii7 a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia7 or a state of emergency declared by a ,governor of a ,state or chief official of a unit of local government2 or 7iii7 a severe weather condition that poses a threat to worker safety2 or 7,c7 in a case in which the domestic work hiring entity has a medical emergency requiring emergency medical treatment or hospitalization4 7d7 ,effective date ,this section shall take effect on the date that is #b years after the date of enactment of this ,act4 #aad4 ,privacy 7a7 ,in general ,a domestic work hiring entity shall not-- 7#a7 monitor or record a domestic worker while such domestic worker is-- 7,a7 using restroom or bathing facilities2 7,b7 in the private living quarters of the worker2 or 7,c7 engaging in any activities associated with the dressing1 undressing1 or changing of clothes of the worker2 7#b7 subject to subsection 7b71 restrict or interfere with1 or monitor1 the private communications of such domestic worker2 or 7#c7 take possession of any documents or other personal effects of such domestic worker4 7b7 ,private communications ,a domestic work hiring entity may-- 7#a7 restrict1 interfere with1 or monitor the private communications of a domestic worker if the domestic work hiring entity has a reasonable belief that such communications significantly interfere with the domestic worker's performance of expected duties2 and 7#b7 establish reasonable restrictions on the private communications of a domestic worker while such worker is performing work for the hiring entity4 7c7 ,relation to other laws ,this section shall not preclude liability under any other law4 7d7 ,definition of private communications ,in this section1 the term private communications means any communication through telephone or internet services1 including sending and receiving communications by text message1 social media1 electronic mail1 and telephone4 #aae4 ,breaks for meals and rest 7a7 ,meal breaks 7#a7 ,in general ,except as provided in subsection 7c71 a domestic work hiring entity shall not require a domestic worker to work more than #e hours for such hiring entity without an uninterrupted meal break of not less than #cj minutes4 7#b7 ,rate of pay ,a domestic work hiring entity shall pay a domestic worker for a meal break under paragraph 7#a7 at the regular rate of pay of the domestic worker unless the domestic worker is relieved of all duty for not less than #cj minutes during the meal break and the domestic worker is permitted to leave the work site during such break4 7#c7 ,paid meal break ,except as provided in subsection 7c71 for any paid meal break required under paragraph 7#b71 a domestic work hiring entity-- 7,a7 shall provide a reasonable opportunity for a domestic worker to take such break for a period of uninterrupted time that is not less than #cj minutes2 and 7,b7 shall not impede or discourage a domestic worker from taking such meal break4 7b7 ,rest breaks 7#a7 ,in general ,except as provided in subsection 7c71 for every #d hours of work that a domestic worker is scheduled to perform for a domestic work hiring entity1 the entity shall allow the worker a rest break of not less than #aj uninterrupted minutes in which the domestic worker is relieved of all duties related to providing domestic services to the domestic work hiring entity4 ,the domestic work hiring entity shall allow such rest break to occur during the first #c hours of consecutive work performed by the worker for the entity4 7#b7 ,rate of pay ,a domestic work hiring entity shall pay a domestic worker for the times spent by the worker for a rest break under paragraph 7#a7 at the regular rate of pay of the worker4 ,the hiring entity shall not impede or discourage a domestic worker from taking such break4 7c7 ,exceptions 7#a7 ,in general ,subject to paragraph 7#b71 a domestic worker may not have the right to a meal break under subsection 7a71 or a rest break under subsection 7b71 in a case in which the safety of an individual under the care of the domestic worker prevents the domestic worker from taking such break4 7#b7 ,on-duty breaks 7,a7 ,definition of on-duty ,in this subsection1 the term on-duty1 with respect to a meal break under subsection 7a7 or a rest break under subsection 7b71 means such a break in which the domestic worker-- 7i7 is not relieved of all duties of the worker for the domestic work hiring entity2 and 7ii7 may1 to the extent possible given the duties of the domestic worker for the domestic work hiring entity1 engage in personal activities1 such as resting1 eating a meal1 drinking a beverage1 making a personal telephone call1 or making other personal choices4 7,b7 ,authorization 7i7 ,in general ,in a case described in paragraph 7#a71 the domestic worker may still take an on-duty meal or rest break under subsection 7a7 or 7b71 respectively1 if-- 7,i7 the nature of the work prevents a domestic worker from being relieved of all duties required of the domestic worker for the domestic work hiring entity2 and 7,,ii7 the domestic worker and the domestic work hiring entity agree to such an on-duty meal or rest break in a written agreement described in clause 7ii74 7ii7 ,written agreement ,the written agreement under clause 7i77,,ii7 shall include a provision allowing the domestic worker to1 in writing1 revoke the agreement at any time4 7,c7 ,rate of pay ,a domestic work hiring entity shall compensate a domestic worker for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the worker for the entity4 7#c7 ,shared living arrangement ,the requirements under this section shall not apply in the case of a shared living arrangement4 #aaf4 ,unfair wage deductions for cash shortages1 breakages1 loss1 or modes of communication 7a7 ,in general 7#a7 ,requirement ,except as provided in paragraph 7#b71 no domestic work hiring entity shall make any deduction from the wage of or require any reimbursement from a domestic worker for-- 7,a7 any cash shortage of the domestic work hiring entity2 or 7,b7 breakage or loss of the entity's equipment or other belongings4 7#b7 ,exception ,a domestic work hiring entity may deduct from the wage of1 or require reimbursement from1 a domestic worker described in paragraph 7#a7 if the entity can show that a shortage1 breakage1 or loss described in paragraph 7#a7 was caused by a dishonest or willful act of the domestic worker4 7b7 ,communications ,no domestic work hiring entity shall make any deduction from the wage of1 or otherwise penalize1 a domestic worker for communicating with a consumer of domestic services directly as opposed to communicating through an application or other messaging service provided by an on-demand platform or otherwise required by the domestic work hiring entity4 7c7 ,violation ,any deduction or reimbursement in violation of subsection 7a77#a7 or 7b7 shall be deemed an unpaid wage for purposes of enforcement under section #aah1 and the domestic worker shall have the right to recover such wage in accordance with such section4 #aag4 ,prohibited acts 7a7 ,interference with rights ,it shall be unlawful for any person to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this subtitle1 including-- 7#a7 discharging or in any manner discriminating against 7including retaliating against7 any domestic worker for exercising1 or attempting to exercise1 any right provided under this subtitle2 or 7#b7 discriminating against any domestic worker by using the exercise of a right provided under this subtitle as a negative factor in an employment action1 such as an action involving hiring1 promotion1 or changing work hours or number of shifts1 or a disciplinary action4 7b7 ,retaliation protection ,it shall be unlawful for any domestic work hiring entity to discharge1 demote1 suspend1 reduce the work hours of1 take any other adverse employment action against1 threaten to take an adverse employment action against1 or in any other manner discriminate against a domestic worker with respect to compensation1 terms1 conditions1 or privileges of employment because the domestic worker1 whether at the initiative of the domestic worker or in the ordinary course of the domestic worker's duties 7or any person acting pursuant to the request of the domestic worker7 for-- 7#a7 opposing any practice made unlawful under this subtitle2 7#b7 asserting any claim or right under this subtitle2 7#c7 assisting a domestic worker in asserting such claim or right2 7#d7 informing any domestic worker about this subtitle2 7#e7 requesting a change to the written agreement or scheduled work hours described in section #aaj or #aab1 respectively2 7#f7 participating as a member of1 or taking an action described in paragraph 7#g7 with respect to1 the ,domestic ,worker ,wage and ,standards ,board described in section #bja2 and 7#g7 7,a7 filing an action1 or instituting or causing to be instituted any proceeding1 under or related to this subtitle2 7,b7 giving1 or being about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this subtitle2 or 7,c7 testifying1 or being about to testify1 in any inquiry or proceeding relating to any right provided under this subtitle4 7c7 ,immigration-,related actions as discrimination ,for purposes of subsections 7a7 and 7b71 discrimination with respect to compensation1 terms1 conditions1 or privileges of employment occurs if a person undertakes any of the following activities 7unless such activity is legal conduct undertaken at the express and specific direction or request of the ,federal ,government73 7#a7 ,reporting1 or threatening to report1 the citizenship or immigration status of a domestic worker1 or the suspected citizenship or immigration status of a family member of such an individual1 to a ,federal1 ,state1 or local agency4 7#b7 ,requesting more or different documents than those required under section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b771 or refusing to honor documents that on their face appear to be genuine4 7#c7 ,using the ,federal ,e-,verify system to check employment status in a manner not required under section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 or any memorandum governing use of the ,e-,verify system4 7#d7 ,filing1 or threatening to file1 a false police report relating to the immigration status of a domestic worker1 or a family member of a domestic worker4 7#e7 ,contacting1 or threatening to contact1 immigration authorities relating to the immigration status of a domestic worker1 or a family member of a domestic worker4 7d7 ,presumption of retaliation 7#a7 ,in general ,for the purposes of subsections 7a7 and 7b71 proof that a person discharged an individual1 or discriminated against an individual with respect to compensation1 terms1 conditions1 or privileges of employment1 within #ij days of the individual involved asserting any claim or right under this subtitle1 or assisting any other individual in asserting such a claim or right1 shall raise a presumption that the discharge or discrimination was in retaliation as prohibited under subsection 7a7 or 7b71 as the case may be4 7#b7 ,rebuttal ,the presumption under paragraph 7#a7 may be rebutted by clear and convincing evidence that such discharge or discrimination was taken for another permissible reason4 #aah4 ,enforcement authority 7a7 ,in general 7#a7 ,application ,in this subsection-- 7,a7 the term domestic worker means a domestic worker described in subsection 7e77#a77;,a72 and 7,b7 the term domestic work hiring entity means a domestic work hiring entity described in subsection 7e77#b77;,a74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of this subtitle1 or any regulation or order issued under this subtitle1 the ,secretary shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to hiring entities1 domestic workers1 and other individuals affected4 7,b7 ,obligation to keep and preserve records ,a domestic work hiring entity shall make1 keep1 and preserve records pertaining to compliance with this subtitle in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with regulations prescribed by the ,secretary4 7,c7 ,required submissions generally limited to an annual basis ,the ,secretary shall not require under this paragraph a domestic work hiring entity to submit to the ,secretary any books or records more than once during any #ab-month period1 unless the ,secretary-- 7i7 has reasonable cause to believe there may exist a violation of this subtitle1 including any regulation or order issued under this subtitle2 or 7ii7 is investigating a charge under paragraph 7#d74 7,d7 ,subpoena authority ,for the purposes of any investigation under this paragraph1 the ,secretary shall have the subpoena authority provided under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7#c7 ,civil action by domestic workers 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against a domestic work hiring entity by one or more domestic workers1 or a representative for and on behalf of the domestic workers and any other domestic workers that may be similarly situated4 7,b7 ,liability ,a domestic work hiring entity that violates this subtitle shall be liable to a domestic worker aggrieved by the violation1 except as provided in subparagraphs 7,c7 and 7,d7 for-- 7i7 damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained1 or the costs reasonably related to damage to or loss of property1 or any other injury to the person1 reputation1 character1 or feelings1 sustained by a domestic worker as a direct result of the violation1 or any injury to another person sustained as a direct result of the violation1 by the domestic work hiring entity2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 7,,iii7 an additional amount as liquidated damages2 and 7,,iv7 such other legal relief as may be appropriate2 7ii7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion2 and 7iii7 a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action4 7,c7 ,meal and rest breaks ,in the case of a violation of section #aae1 the domestic work hiring entity involved shall be liable under subparagraph 7,b7-- 7i7 for the amount of damages described in subclauses 7,i71 7,,ii71 and 7,,iii7 of subparagraph 7,b77i72 and 7ii7 under subparagraph 7,b77i77,,iv71 for each such violation1 for an amount equal to #a hour of pay at the domestic worker's regular rate of compensation 7but not more than #b hours of such pay for each workday for which the domestic work hiring entity is in violation of such section74 7,d7 ,written agreements ,in the case of a violation of section #aaj1 the domestic work hiring entity involved shall be liable1 under subparagraph 7,b77i77,i71 for an amount equal to #e1jjj4 7,e7 ,venue ,an action under this paragraph may be maintained in any ,federal or ,state court of competent jurisdiction4 7#d7 ,action by the ,secretary 7,a7 ,administrative action 7i7 ,in general ,subject to clause 7ii71 and subparagraphs 7,c7 and 7,d7 of paragraph 7#c71 the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of this subtitle in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f1 #g1 and #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf1 #bjg1 and #bae7;a77#c771 including the ,secretary's authority to supervise payment of wages and compensation under section #af7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;c774 7ii7 ,violations generally ,the ,secretary may assess a civil penalty against a domestic work hiring entity that violates any section of this subtitle-- 7,i7 of not more than #ae1jjj for any first violation of any such section by such domestic work hiring entity2 and 7,,ii7 of not more than #be1jjj for any subsequent violation of any such section by such domestic work hiring entity4 7,b7 ,administrative review ,any aggrieved dislocated worker who takes exception to an order issued by the ,secretary under subparagraph 7,a7 may request review of and a decision regarding such order by an administrative law judge4 ,in reviewing the order1 the administrative law judge may hold an administrative hearing concerning the order1 in accordance with the requirements of sections #eed1 #eef1 and #eeg of title #e1 ,united ,states ,code4 ,such hearing shall be conducted expeditiously4 ,if no aggrieved dislocated worker requests such review within #fj days after the order is issued under subparagraph 7,a71 the order shall be considered to be a final order that is not subject to judicial review4 7,c7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover amounts described in paragraph 7#c77;,b7 on behalf of a domestic worker aggrieved by a violation of this subtitle4 7,d7 ,sums recovered 7i7 ,in general ,any sums recovered by the ,secretary under subparagraph 7,c7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each domestic worker aggrieved by the violation for which the action was brought4 ,any such sums not paid to a domestic worker because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as a miscellaneous receipt4 7ii7 ,civil penalty ,any sums recovered by the ,secretary under subparagraph 7,a77ii7 shall be deposited into the general fund of the ,treasury of the ,united ,states as a miscellaneous receipt4 7#e7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under paragraph 7#c71 7#d71 or 7#f7 not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,willful violation ,in the case of an action brought for a willful violation of this subtitle1 such action may be brought not later than #c years after the date of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,an action shall be considered commenced under paragraph 7#c71 7#d71 or 7#f7 for the purposes of this paragraph on the date on which the complaint is filed under such paragraph 7#c71 7#d71 or 7#f74 7#f7 ,action for injunction ,the district courts of the ,united ,states together with the ,district ,court of the ,virgin ,islands and the ,district ,court of ,guam shall have jurisdiction1 for cause shown1 in an action brought by a domestic worker or the ,secretary-- 7,a7 to restrain violations of this subtitle1 including the withholding of a written agreement from a domestic worker as required under section #aaj1 or of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to a domestic worker under this subtitle2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion1 for a violation of this subtitle4 7#g7 ,solicitor of labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under paragraph 7#d7 or 7#f74 7#h7 ,government ,accountability ,office and ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary of ,labor under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bjb7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acab7;a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection 7e77#a77;,b74 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection 7e77#a77;,c74 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection 7e77#a77;,d74 7e7 ,definition ,in section #aag and this section1 except as otherwise provided in this subsection3 7#a7 ,domestic worker ,notwithstanding section #c1 the term domestic worker means a domestic worker-- 7,a7 as defined in section #c7;b77#f7 except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph 7#b77;,a72 7,b7 as defined in section #c7;b77#f7 except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph 7#b77;,b72 7,c7 as defined in section #c7;b77#f7 except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph 7#b77;,c72 and 7,d7 as defined in section #c7;b77#f7 except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph 7#b77;,d74 7#b7 ,domestic work hiring entity ,notwithstanding section #c1 the term domestic work hiring entity means a domestic work hiring entity-- 7,a7 as defined in section #c7;b77#g7 except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in clause 7i7 or 7ii7 of subparagraph 7,a71 and subparagraph 7,b71 of paragraph 7#c72 7,b7 as defined in section #c7;b77#g7 except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs 7,a77iii7 and 7,b7 of paragraph 7#c72 7,c7 as defined in section #c7;b77#g7 except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs 7,a77iv7 and 7,b7 of paragraph 7#c72 and 7,d7 as defined in section #c7;b77#g7 except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs 7,a77v7 and 7,b7 of paragraph 7#c77;,a74 7#c7 ,employer ,notwithstanding section #c1 for purposes of paragraph 7#b71 the term employer means a person who is-- 7,a7 7i7 an employer1 as defined in section #c7;a71 who is not covered under another clause of this subparagraph2 7ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7,b7 an enterprise engaged in commerce or in the production of goods for commerce4 7#d7 ,employment ,notwithstanding section #c1 the term employment includes service as a domestic worker4 #aai4 ,effect on existing employment benefits and other laws 7a7 ,in general ,nothing in this subtitle shall-- 7#a7 supersede a provision in a collective bargaining agreement2 or 7#b7 be construed to diminish the obligation of a domestic work hiring entity to comply with any contract1 collective bargaining agreement1 or employment benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this ,act4 7b7 ,other laws ,nothing in this subtitle shall-- 7#a7 affect the obligation of a domestic work hiring entity to provide a reasonable accommodation in the form of a change to the work schedule of a domestic worker required under any other law1 or to otherwise comply with any other law2 7#b7 preempt1 limit1 or otherwise affect the applicability of any ,state or local law that provides comparable or superior benefits for domestic workers to the requirements under this subtitle2 or 7#c7 diminish the rights1 privileges1 or remedies of any domestic worker under any ,federal or ,state law or under any collective bargaining agreement4 7c7 ,no waivers ,the rights and remedies in this subtitle may not be waived by a domestic worker through any agreement1 policy1 or form1 or as a condition of employment4 ,c ,domestic worker health and safety #aba4 ,national domestic worker hotline 7a7 ,in general ,the ,secretary shall award a grant1 on a competitive basis1 to an entity eligible under subsection 7b71 for a national hotline that domestic workers may call to report emergencies1 seek emergency services1 or seek support or guidance in lieu of emergency services4 7b7 ,eligibility ,in order to be eligible to receive a grant under subsection 7a71 an entity shall-- 7#a7 be an entity described in paragraph 7#c71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7#b7 have a demonstrated expertise in and experience with domestic workers2 7#c7 employ or otherwise engage domestic workers in the performance of domestic services2 7#d7 have a leadership or board structure that includes domestic workers2 and 7#e7 comply with any other criteria established by the ,secretary for purposes of this section4 #abb4 ,access to health and safety 7a7 ,standard for domestic workers 7#a7 ,standard 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,consumer ,product ,safety ,commission shall1 to improve the health and safety of domestic workers that clean private homes1 promulgate a consumer product safety standard under section #g of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjef7 to require manufacturers of household cleaning supplies to-- 7i7 make safety data sheets for any household cleaning supply that contains a hazardous chemical available on the website of the manufacturer in a manner that ensures such safety data sheets are easily accessed via the name of the specific product line2 7ii7 translate such safety data sheets into multiple languages1 including all languages in which the ,secretary1 acting through the ,administrator of the ,wage and ,hour ,division1 translates the basic information fact sheet published by the ,administrator2 and 7iii7 create and provide1 for use on small secondary containers1 small labels with the name of the product and its ingredients as listed on the safety data sheet4 7,b7 ,civil penalty ,notwithstanding section #bj of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjfi71 or any other provision of that ,act1 any person that knowingly violates the requirements of the standard promulgated under subparagraph 7,a7 shall be subject to a civil penalty not to exceed #ejj for each violation4 7#b7 ,educational materials for workers ,the ,consumer ,product ,safety ,commission shall produce educational materials for consumers and domestic workers regarding requirements for safety data sheets and translate such materials into multiple languages1 including all languages described in paragraph 7#a77;,a77ii74 7#c7 ,definitions ,in this subsection3 7,a7 ,hazardous chemical ,the term hazardous chemical has the meaning given such term in section #aiaj4abjj7;c7 of title #bi1 ,code of ,federal ,regulations1 or a successor regulation4 7,b7 ,household cleaning supply ,the term household cleaning supply-- 7i7 means any product1 including a soap or detergent containing a surfactant as a wetting or dirt emulsifying agent1 that is used primarily for domestic or commercial cleaning purposes1 including the cleansing of fabrics1 dishes1 food utensils1 and household and commercial premises2 and 7ii7 does not include-- 7,i7 food1 drugs1 or cosmetics1 including personal care items such as toothpaste1 shampoo1 or hand soap2 or 7,,ii7 products labeled1 advertised1 marketed1 or distributed for use primarily as a pesticide subject to the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq474 7,c7 ,safety data sheets ,the term safety data sheets means the safety data sheets required under section #aiaj4abjj of title #bi1 ,code of ,federal ,regulations1 or a successor regulation4 7b7 ,,niosh educational materials ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,national ,institute for ,occupational ,safety and ,health shall develop and publish educational materials on protecting the health and safety of domestic workers who provide child care or cleaning services4 #abc4 ,occupational safety and health training grants ,the ,secretary shall1 in awarding ,susan ,harwood training grants under the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 assure that hazards facing domestic workers are included as a topic for training in any announcement for such grants issued after the date of enactment of this ,act4 #abd4 ,study of access to workers' compensation 7a7 ,in general ,the ,secretary shall conduct a study on the coverage of domestic workers under ,state workers' compensation laws4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish a report on-- 7#a7 the findings of the study conducted under subsection 7a72 and 7#b7 recommendations to improve access of domestic workers to workers' compensation4 #abe4 ,workplace harassment survivor supports study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report1 to the ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement established under section #cjc7;a7 and ,congress1 on ways to expedite public support to ensure that survivors of workplace harassment in low-wage1 vulnerable1 and marginalized sectors1 such as the domestic service sector1 can access support for any of the following3 7#a7 ,housing services4 7#b7 ,health care services1 including mental health services4 7#c7 ,counseling services4 7#d7 ,workers' compensation4 7#e7 ,unemployment insurance4 7#f7 ,disability benefits4 7#g7 ,transportation stipends4 7#h7 ,any other support determined appropriate by the ,secretary4 7b7 ,recommendations ,the report required under subsection 7a7 shall-- 7#a7 include specific recommendations for each type of support listed in paragraphs 7#a7 through 7#h7 of such subsection2 and 7#b7 take into account that support is needed regardless of immigration or citizenship status4 ,d ,amendment to title ,,vii of ,civil ,rights ,act of #aifd #aca4 ,including certain domestic workers in civil rights protections against discrimination in employment ,section #gja7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7b77 is amended by striking fifteen and inserting one4 ,,ii ,organizing1 benefits1 and workforce investment #bja4 ,domestic worker wage and standards board 7a7 ,establishment and purposes ,the ,secretary shall establish a board to be known as the ,domestic ,worker ,wage and ,standards ,board 7referred to in this section as the ,board7 to investigate standards in the domestic workers industry1 and issue recommendations to the ,secretary under subsection 7e77#a71 in order to-- 7#a7 promote the health1 safety1 and well-being of domestic workers2 and 7#b7 achieve a living wage for domestic workers4 7b7 ,membership 7#a7 ,composition ,the ,board shall be composed of #aa members1 of which-- 7,a7 #e shall be individuals1 appointed by the ,secretary in accordance with paragraph 7#b71 representing domestic workers2 7,b7 #e shall be individuals1 appointed by the ,secretary in accordance with paragraph 7#c71 representing domestic work hiring entities2 and 7,c7 #a member shall be the ,secretary1 or a designee of the ,secretary4 7#b7 ,domestic workers seats 7,a7 ,in general ,the ,secretary shall appoint members of the ,board representing domestic workers from among individuals nominated under subparagraph 7,b7 by eligible worker organizations4 7,b7 ,selection of eligible worker organizations ,the ,secretary shall enter into agreements on a competitive basis with eligible worker organizations for such organizations to nominate individuals to serve as members of the ,board representing domestic workers4 7,c7 ,selecting individuals on the board ,for each individual nominated under subparagraph 7,b71 the ,secretary shall submit a report to ,congress indicating whether the ,secretary has decided to appoint the individual to the ,board and the reasons for such decision4 7,d7 ,definition of eligible worker organization ,in this paragraph1 the term eligible worker organization means an organization that-- 7i7 is not a hiring entity or employment agency2 7ii7 represents members of the organization1 including domestic workers2 7iii7 7,i7 is described in paragraph 7#c71 7#d71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf1 and exempt from taxation under section #eja7;a7 of such ,code2 and 7,,ii7 is organized and operated for the betterment of workers1 including domestic workers2 7iv7 engages in public advocacy to promote the health and well-being of domestic workers2 7v7 has a governing structure that promotes the decision-making power of domestic workers2 and 7vi7 submits an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#c7 ,domestic work hiring entity seats 7,a7 ,in general ,the ,secretary shall appoint members of the ,board representing domestic work hiring entities from among individuals nominated by eligible hiring organizations under subparagraph 7,b74 7,b7 ,selection of eligible hiring organizations ,the ,secretary shall enter into agreements on a competitive basis with eligible hiring organizations for such organizations to nominate individuals to serve as members of the ,board representing domestic work hiring entities4 7,c7 ,selecting individuals on the board 7i7 ,in general ,for each individual nominated under subparagraph 7,b71 the ,secretary shall submit a report to ,congress indicating whether the ,secretary has decided to appoint the individual to the ,board and the reasons for such decision4 7ii7 ,requirements for appointments ,the ,secretary shall ensure that-- 7,i7 not less than #b seats under this paragraph are filled by an individual who contracts with1 or hires1 #a domestic worker to work in the residence of the individual2 7,,ii7 not less than #a seat under this paragraph is filled by a nomination from an eligible hiring organization that is dedicated to the well-being of domestic workers2 7,,iii7 not less than #a seat under this paragraph is filled by an individual who relies on a personal or home care aide financed through a ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,iv7 not less than #a seat under this paragraph is filled by an individual who-- 7aa7 is an adult family member of a functionally disabled elderly individual1 or an individual with a disability2 7bb7 is an informal provider of in-home care to such functionally disabled elderly individual or individual with a disability2 and 7cc7 contracts with1 or hires1 #a or more domestic workers to provide additional care for the functionally disabled elderly individual or individual with a disability2 7,v7 a single domestic work hiring entity does not fill more than #a seat under this paragraph2 and 7,,vi7 any domestic work hiring entity serving on the ,board satisfies the requirements under clause 7iii74 7iii7 ,disclosure of labor violations 7,i7 ,in general ,the ,secretary shall require that each domestic work hiring entity that serves on the ,board disclose to the ,secretary1 with respect to the preceding #e-year period-- 7aa7 any administrative merits determination1 arbitral award or decision1 or civil judgment1 as determined by the ,secretary1 rendered against the entity for a violation of the labor laws listed in subclause 7,,ii72 and 7bb7 any steps taken by the entity to correct a violation of or improve compliance with such labor laws1 including any agreement entered into with an enforcement agency4 7,,ii7 ,labor laws ,the labor laws described in this subclause are each of the following3 7aa7 ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7bb7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7cc7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 7,,iii7 ,responsible source ,the ,secretary shall consider information disclosed by a domestic work hiring entity under this clause to determine whether the entity has a satisfactory record of integrity and business ethics for purposes of determining whether the entity shall serve on the ,board4 7,d7 ,definition of eligible hiring organization ,in this paragraph1 the term eligible hiring organization means an organization that-- 7i7 7,i7 is an agency employing #b or more domestic workers2 or 7,,ii7 is an association of #b or more individuals who hire or contract with domestic workers2 and 7ii7 submits an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require4 7#d7 ,chairperson ,the ,board shall select a ,chairperson from among the members of the ,board4 7#e7 ,executive committee ,the ,chairperson shall assign an executive committee of #c members of the ,board1 including not less than #a representative appointed under paragraph 7#b7 and #a representative appointed under paragraph 7#c74 ,such executive committee shall establish an agenda and a work plan for the ,board4 7c7 ,terms 7#a7 ,in general ,except as provided in paragraph 7#b71 each member of the ,board shall serve a term of #b years4 7#b7 ,initial members ,the ,secretary shall stagger the terms of the ,board members such that-- 7,a7 half of the initial members appointed to the ,board serve a term of #d years1 including half of the members described in subsection 7b77#a77;,a7 and half of the members described in subsection 7b77#a77;,b72 and 7,b7 half of the initial members appointed to the ,board serve a term of #b years1 including half of the members described in subsection 7b77#a77;,a7 and half of the members described in subsection 7b77#a77;,b74 7#c7 ,vacancies 7,a7 ,in general ,a vacancy on the ,board-- 7i7 shall not affect the powers of the ,board2 and 7ii7 shall be filled in the same manner as the original appointment was made4 7,b7 ,presumption ,if a member of the ,board is unable to fill the duties of the member in serving on the ,board1 or leaves the domestic service industry1 for a period that exceeds #ij days while serving on the ,board1 the seat of the member shall be considered a vacancy for purposes of this paragraph4 7d7 ,meetings 7#a7 ,in general ,the ,board shall meet at the call of the ,chairperson4 7#b7 ,public notice ,the call of the ,chairperson under paragraph 7#a7 shall include notice to the public of the meeting4 7#c7 ,initial meeting ,not later than #ij days after the date on which all members of the ,board have been appointed1 the ,board shall hold the initial meeting of the ,board4 7e7 ,standards 7#a7 ,process for recommending standards 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and every #c years thereafter1 the ,board shall issue recommendations to the ,secretary for standards that affect the well-being of domestic workers1 including recommendations for-- 7i7 minimum wage rates for domestic workers2 7ii7 workplace standards for domestic workers1 including standards for occupational safety and health1 hours1 benefits1 and other standards that impact working conditions2 and 7iii7 implementing and enforcing the rights of domestic workers granted under this ,act and other ,federal laws1 including rights for minimum wage and workplace standards4 7,b7 ,voting ,any decision of the ,board regarding a recommendation issued under subparagraph 7,a7 shall be decided through a vote of the ,board4 ,in any such vote3 7i7 ,each voting member of the ,board shall have #a vote4 7ii7 ,a quorum of the members of the ,board shall be required to be in attendance at the vote4 ,a quorum shall not be formed if there are in attendance fewer than-- 7,i7 #b members of the ,board described in subsection 7b77#a77;,a72 or 7,,ii7 #b members of the ,board described in subsection 7b77#a77;,b74 7iii7 ,the vote shall be agreed to upon the affirmative vote of not less than a majority of the members of the ,board present and voting4 7#b7 ,rulemaking 7,a7 ,authority ,the ,secretary may issue a rule1 in accordance with section #eec of title #e1 ,united ,states ,code1 regarding any standard recommended by the ,board under paragraph 7#a74 7,b7 ,decision 7i7 ,in general ,not later than #ij days after receiving a recommendation from the ,board under paragraph 7#a71 the ,secretary shall issue a decision on-- 7,i7 whether the ,secretary will issue a rule under subparagraph 7,a7 regarding such recommendation2 and 7,,ii7 if the ,secretary issues such a rule1 whether the ,secretary will deviate from such recommendation through such rule4 7ii7 ,explanatory statement ,if the ,secretary decides not to issue a rule under subparagraph 7,a7 regarding a recommendation under paragraph 7#a7 or decides to deviate from such recommendation in such a rule1 the ,secretary shall have #ij days after receiving such recommendation to issue a statement explaining the decision4 7,c7 ,minimum wage rates 7i7 ,limitation ,no standard included in a rule issued under subparagraph 7,a7 may be for a minimum wage rate that is less than any minimum wage rate in effect for domestic workers under ,state or local law or the wage rate in effect under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a774 7ii7 ,inflation 7,i7 ,annual increase ,any standard for a minimum wage rate included in a rule issued under subparagraph 7,a7 shall be increased annually based on the annual change in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics and may not be decreased4 7,,ii7 ,interaction with ,board recommendations ,if the ,board does not include1 in the recommendations submitted under paragraph 7#a71 a recommended standard to raise the minimum wage rate for domestic workers1 or the ,board in the recommendations includes such a recommended standard but the ,secretary decides not to issue a rule based on the recommended standard1 the ,secretary shall1 through a rule issued not later than #a year after the issuance of the ,board's recommendations under paragraph 7#a71 provide that the minimum wage rate shall be increased annually based on the annual change in the median hourly wage of all employees as determined by the ,bureau of ,labor ,statistics1 in accordance with subclause 7,i74 7,d7 ,workplace standards ,no standard included in a rule issued under subparagraph 7,a7 may be for a workplace standard that is less protective of domestic workers than any law in effect on the date of enactment of this ,act for domestic workers under any ,state or local law4 7#c7 ,recommendations to ,congress 7,a7 ,in general ,for any recommendation made by the ,board under paragraph 7#a7 that the ,secretary determines is not within the authority of the ,secretary1 the ,secretary shall make a recommendation to ,congress to take action on the recommendation4 7,b7 ,hearing and investigations ,not later than #a year after such a recommendation is made by the ,secretary to ,congress under subparagraph 7,a71 ,congress shall conduct a hearing on and investigate the recommendation4 7,c7 ,rulemaking ,this paragraph is enacted by ,congress-- 7i7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such it is deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and it supersedes other rules only to the extent that it is inconsistent with such rules2 and 7ii7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 7f7 ,powers 7#a7 ,hearings 7,a7 ,in general ,the ,board may hold such hearings1 meet and act at such times and places1 take such testimony1 and receive such evidence as the ,board considers advisable to carry out this section4 7,b7 ,required public hearings ,the ,board shall1 prior to issuing any recommendation under this section1 hold public hearings to enable domestic workers across the ,united ,states to have access to the ,board4 ,any such public hearing shall-- 7i7 be held at such a time1 in such a location1 and in such a facility that ensures accessibility for domestic workers2 7ii7 include interpretation services in the languages most commonly spoken by domestic workers in the geographic region of the hearing2 7iii7 be held in each of the regions served by the regional offices of the ,wage and ,hour ,division of the ,department of ,labor2 and 7iv7 include worker organizations in helping to populate the hearings4 7#b7 ,information from ,federal agencies 7,a7 ,in general ,the ,board may secure directly from a ,federal agency such information as the ,board considers necessary to carry out this section4 7,b7 ,provision of information ,on request of the ,chairperson of the ,board1 the head of the agency shall provide the information to the ,board4 7#c7 ,postal services ,the ,board may use the ,united ,states mails in the same manner and under the same conditions as other agencies of the ,federal ,government4 7#d7 ,gifts ,the ,board may accept1 use1 and dispose of gifts or donations of services or property4 7g7 ,board personnel matters 7#a7 ,compensation of members 7,a7 ,non-,federal employees ,a member of the ,board who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,board4 7,b7 ,federal employees ,a member of the ,board who is an officer or employee of the ,federal ,government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the ,federal ,government4 7#b7 ,travel expenses ,a member of the ,board shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7#c7 ,staff 7,a7 ,in general ,the ,chairperson of the ,board may1 without regard to the civil service laws 7including regulations71 appoint and terminate an executive director and such other additional personnel as are necessary to enable the ,board to perform the duties of the ,board4 7,b7 ,required staff members ,the ,secretary shall1 in accordance with subparagraph 7,a71 designate no fewer than #b full-time staff members to support the operation of the ,board through logistical1 administrative1 and legislative activities4 7,c7 ,confirmation of executive director ,the employment of an executive director shall be subject to confirmation by the ,board4 7,d7 ,compensation 7i7 ,in general ,except as provided in clause 7ii71 the ,chairperson of the ,board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates4 7ii7 ,maximum rate of pay ,the rate of pay for the executive director and other personnel shall not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#d7 ,detail of ,federal government employees 7,a7 ,in general ,an employee of the ,federal ,government may be detailed to the ,board without reimbursement4 7,b7 ,civil service status ,the detail of the employee shall be without interruption or loss of civil service status or privilege4 7#e7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,board may procure temporary and intermittent services in accordance with section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of that title4 7h7 ,rule of construction for reporting requirements 7#a7 ,in general ,neither the nomination by an eligible worker organization of #a or more individuals to serve as members of the ,board1 nor service on the ,board by a representative of an eligible worker organization1 shall-- 7,a7 make the eligible worker organization subject to the reporting requirements for labor organizations under title ,,ii of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dca et seq472 or 7,b7 be considered as a factor in any determination of whether the eligible worker organization is subject to such reporting requirements4 7#b7 ,definition of eligible worker organization ,for purposes of this subsection1 the term eligible worker organization has the meaning given such term in subsection 7b77#b77;,d74 7i7 ,prohibited acts ,no domestic work hiring entity may take any action prohibited under paragraph 7#f7 of section #aag7;b7 with respect to a domestic worker participating as a member of1 or taking an action described in paragraph 7#g7 of such section with respect to1 the ,board4 7j7 ,rule of construction for ,state and local standards ,nothing in this section shall preempt a ,state or local law with greater protections for domestic workers than the protections for such workers included in a standard issued through a rule under subsection 7e77#b74 7k7 ,effect on existing domestic worker benefits 7#a7 ,more protective ,nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract1 collective bargaining agreement1 or any domestic worker benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this ,act4 7#b7 ,less protective ,the rights established for domestic workers under this section shall not be diminished by any contract1 collective bargaining agreement1 or any benefit program or plan4 7l7 ,conforming amendments ,section #f7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;f77 is amended-- 7#a7 in paragraph 7#b71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly2 7#c7 by striking ,any employee and inserting 7#a7 ,subject to paragraph 7#b71 any employee2 and 7#d7 by adding at the end the following3 7#b7 ,the ,secretary may1 through a rule issued under section #bja7;e77#b7 of the ,domestic ,workers ,bill of ,rights ,act1 establish a standard for requiring an employer to pay any employee who in any workweek is employed in domestic service in a household a minimum wage at a rate provided for under such rule4 4 #bjb4 ,domestic workers' benefits study 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study1 which may be through a contract with another entity1 for the purpose of providing information to labor organizations1 domestic work hiring entities1 and the general public concerning how to increase the number of domestic workers who have access to a secure retirement1 affordable health care1 unemployment insurance1 life insurance1 and other common benefits provided to employees of large private and public sector employers4 7#b7 ,matters ,the study conducted under paragraph 7#a7 shall include a review of each of the following3 7,a7 ,the levels of access to and usage of common work-related benefits for domestic workers1 including retirement savings1 health insurance and reduced health care costs1 paid sick time1 unemployment insurance1 disability and life insurance1 and paid family and medical leave4 7,b7 ,barriers for domestic workers1 including home care workers who provide services for a dependent family member1 to-- 7i7 participate in the old-age1 survivors1 and disability insurance program established under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq472 7ii7 obtain disability insurance2 7iii7 participate in the ,medicare program established under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 7iv7 otherwise access affordable health insurance2 and 7v7 access any other benefits described in subparagraph 7,a74 7,c7 ,reforms necessary to increase access to work-related benefits for domestic workers1 including how to ensure appropriate funding levels1 portability across domestic work hiring entities1 and effective strategies and processes for outreach and enrollment4 7,d7 ,the portability of work-related benefits for domestic workers and the laws1 including regulations1 preventing innovation and improvement in the portability of such benefits4 7,e7 ,a comparison of the ability of domestic workers to access1 be eligible for1 and participate in public and private sector work-related benefits compared to such ability of other workers4 7,f7 ,recommendations for ways to ensure domestic workers can access public benefits4 7,g7 ,recommendations for innovations that would-- 7i7 ensure domestic workers could-- 7,i7 access and use benefits1 including the old-age1 survivors1 and disability insurance program established under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq471 the ,medicare program established under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 the ,medicaid program established under title ,,xix of that ,act 7#db ,u4,s4,c4 #acif et seq471 unemployment insurance1 any benefits provided under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh71 including the amendments made by that ,act1 paid family and medical leave1 paid sick time1 and any additional benefits identified by the ,secretary1 including such benefits that are portable from job to job2 and 7,,ii7 have contributions for the benefits described in subclause 7,i7 from multiple hiring entities as applicable2 7ii7 provide adequate levels of such benefits for domestic workers2 and 7iii7 enable a domestic worker to have access to such benefits through multiple jobs the worker may have4 7b7 ,report ,not later than #ae months after the date of enactment of this ,act1 the ,secretary shall submit to the ,president and ,congress a report on the study conducted under subsection 7a7 that includes each of the following3 7#a7 ,the findings and conclusions of the study1 including its findings and conclusions with respect to the matters described in subsection 7a77#b74 7#b7 ,the recommendations for revising the laws1 including regulations1 which determine eligibility for public and private work-related benefits to increase access to1 portability of1 and eligibility for such benefits for domestic workers4 7#c7 ,other information and recommendations with respect to such benefits for domestic workers as the ,secretary considers appropriate4 #bjc4 ,workforce investment activities grants for domestic workers 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,labor1 after consultation with the ,secretary of ,education and the ,secretary of ,health and ,human ,services4 7#b7 ,training services2 workforce investment activities ,the terms training services and workforce investment activities have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,national grant program for domestic workers ,every #c years1 the ,secretary shall1 on a competitive basis1 make grants to1 or enter into contracts with1 eligible entities to carry out the activities described in subsection 7d74 ,the ,secretary shall make the grants1 or enter into the contracts1 for periods of #d years4 7c7 ,eligibility 7#a7 ,eligible entities ,to be eligible to receive a grant or enter into a contract under this section1 an entity shall be-- 7,a7 a nonprofit organization that is described in paragraph 7#c71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf1 and exempt from taxation under section #eja7;a7 of such ,code2 7,b7 an organization with a board of directors1 at least one-half of the members of which is comprised of-- 7i7 domestic workers2 or 7ii7 representatives of an organization of such workers1 which organization is independent from all businesses1 organizations1 corporations1 or individuals that would pursue any financial interest in conflict with that of the workers2 7,c7 an organization that is independent as described in subparagraph 7,b72 and 7,d7 an organization that has expertise in domestic work and the workforce of domestic workers4 7#b7 ,program plan 7,a7 ,in general ,to be eligible to receive a grant or enter into a contract under this section1 an entity described in paragraph 7#a7 shall submit to the ,secretary of ,labor a plan that describes a #d-year strategy for meeting the needs of domestic workers in the area to be served by such entity4 7,b7 ,contents ,such plan shall-- 7i7 describe the domestic worker population to be served and identify the needs of the population to be served for workforce investment activities and related assistance and employment2 7ii7 identify the manner in which the services to be provided will strengthen the ability of the domestic workers to be served to obtain or retain employment and to improve wages or working conditions1 including upgraded employment in the field of domestic work2 and 7iii7 specifically address how the funding provided through the grant or contract for services under this section to domestic workers will improve wages and skills for domestic workers in a way that helps meet the need to recruit workers for and retain workers in in-demand occupations or careers4 7#c7 ,awards and administration ,the grants and contracts shall be awarded by the ,secretary using full and open competitive procedures and shall be administered by the ,secretary4 7d7 ,authorized activities ,funds made available under this section shall be used to carry out workforce investment activities and provide related assistance for domestic workers1 which may include-- 7#a7 outreach1 employment1 training1 educational assistance1 literacy assistance1 ,english language and literacy instruction1 worker safety training1 supportive services1 and school dropout prevention and recovery activities2 7#b7 follow-up services for those individuals placed in employment2 7#c7 development or education as needed by eligible individuals as identified2 7#d7 customized career and technical education in occupations that will lead to higher wages1 enhanced benefits1 and long-term employment in domestic work or another area2 and 7#e7 the creation or maintenance of employment and training-related placement services1 including digital placement services4 7e7 ,funding allocation ,from the funds appropriated and made available to carry out this section1 the ,secretary shall reserve not more than #a percent for discretionary purposes related to carrying out this section1 such as providing technical assistance to eligible entities4 7f7 ,eligible provider performance reports ,each eligible entity shall prepare performance reports to report on outcomes achieved by the programs of workforce investment activities and related assistance carried out under this section4 ,the performance report for an eligible entity shall include1 with respect to each such program 7referred to in this paragraph as a program of study7 of such provider-- 7#a7 information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses 7,i7 through 7,,iv7 of section #aaf7;b77#b77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;b77#b77;,a77i77 with respect to all individuals engaging in the program of study 7or the equivalent72 7#b7 the total number of individuals exiting from the program of study 7or the equivalent72 7#c7 the total number of participants who received training services through the program2 7#d7 the total number of participants who exited from training services1 disaggregated by the type of entity that provided the training services1 during the most recent program year and the #c preceding program years2 7#e7 the average cost per participant for the participants who received training services1 disaggregated by the type of entity that provided the training services1 during the most recent program year and the #c preceding program years2 and 7#f7 information on indicators specified by the ,secretary concerning the impact of the training services on the wages1 skills1 recruitment1 and retention of participants4 #bjd4 ,report on career pathways1 training standards1 and apprenticeships for domestic workers 7a7 ,definition ,in this section1 the term ,secretary means the ,secretary of ,labor1 acting after consultation with the ,secretary of ,education and the ,secretary of ,health and ,human ,services4 7b7 ,preparation 7#a7 ,in general ,the ,secretary shall conduct an interim study and a final study regarding the development of career pathways1 national training standards1 and credentials for domestic workers4 7#b7 ,contents ,the study required under paragraph 7#a7 shall-- 7,a7 7i7 examine how the establishment of career pathways1 national training standards1 or credentials could enable the ,nation to meet the growing demand for domestic workers2 and 7ii7 make recommendations on whether and1 if so1 how that establishment could improve wages and working conditions across the domestic worker industry2 and 7,b7 7i7 examine how the creation or expansion of apprenticeship programs for domestic workers1 including apprenticeship programs conducted at work sites of domestic workers and apprenticeships that use peer educators and peer mentors for such workers1 could improve opportunities for such workers2 and 7ii7 make recommendations on whether and1 if so1 how1 that creation or expansion could improve wages and working conditions across the domestic worker industry4 7#c7 ,consultation ,the study shall be conducted in consultation with representatives of domestic workers1 experts in the field of domestic work1 and domestic worker-led organizations4 7c7 ,submission of reports 7#a7 ,interim report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall prepare and submit to ,congress an interim report containing the findings of the interim study under subsection 7b74 7#b7 ,final report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall prepare and submit to ,congress a final report containing the findings of the final study under subsection 7b74 ,,iii ,implementation of the domestic workers bill of rights #cja4 ,definitions ,in this title3 7#a7 ,domestic workers bill of rights ,the term domestic workers bill of rights-- 7,a7 means the rights and protections provided to domestic workers under this ,act1 and the amendments made by this ,act1 including-- 7i7 coverage under the overtime requirements of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg72 7ii7 the right of live-in domestic employees to certain notices and communications under section #h of such ,act 7#bi ,u4,s4,c4 #bjh72 7iii7 any minimum wage for domestic workers established through a rule issued by the ,secretary in accordance with section #bja7;e77#b72 7iv7 the protection against retaliation under section #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bae7;a77#c772 7v7 the applicability of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq47 to employers of #a or more employees2 7vi7 the labor rights and privacy protections provided to domestic workers under subtitle ,b of title ,i1 including-- 7,i7 the right to a written agreement under section #aaj2 7,,ii7 the right to earned paid sick time provided under section #aaa2 7,,iii7 the fair scheduling practices required under section #aab2 7,,iv7 the right to request and receive temporary changes to scheduled work hours for certain personal events under section #aac2 7,v7 the privacy protections under section #aad2 7,,vi7 the right to meal and rest breaks in accordance with section #aae2 7,,vii7 the protection from wage deductions for cash shortages1 breakages1 or loss under subsection 7a7 of section #aaf and wage deductions or other penalties for communications described in subsection 7b7 of such section2 and 7,,viii7 the protection against retaliation under section #aag7;b72 and 7vii7 the availability of-- 7,i7 safety data sheets for household cleaning supplies in accordance with the consumer product safety standard promulgated by the ,consumer ,product ,safety ,commission under section #g of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjef7 and section #abb7;a72 7,,ii7 educational materials from the ,national ,institute for ,occupational ,safety and ,health relating to the health and safety of domestic workers who provide child care or cleaning services under section #abb7;b72 and 7,,iii7 the national domestic worker hotline supported under section #aba1 including the phone number and other contact methods for the hotline2 and 7,b7 includes any rules promulgated by the ,secretary under this ,act1 or the amendments made by this ,act1 and any standard recommended by the ,board that is promulgated as such a rule or otherwise implemented by the ,secretary4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an organization described in paragraph 7#c71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code that-- 7i7 has a board of directors1 at least one-half of the members of which is comprised of-- 7,i7 domestic workers2 or 7,,ii7 representatives of organizations of such workers1 which organization is independent from all businesses1 organizations1 corporations1 or individuals that would pursue any financial interest in conflict with that of the workers2 7ii7 is independent1 as described in clause 7i77,,ii72 7iii7 has expertise in domestic service and the workforce of domestic workers1 and has a track record of working with domestic workers2 and 7iv7 operates in a jurisdiction with a significant population of domestic workers2 or 7,b7 a partnership of organizations described in subparagraph 7,a74 7#c7 ,notice of domestic worker rights ,the term notice of domestic worker rights means the document created and made available by the ,secretary under section #cjb7;a77#a74 #cjb4 ,notice of domestic worker rights 7a7 ,providing notice of rights to domestic workers 7#a7 ,notice of rights 7,a7 ,in general ,the ,secretary shall create1 and make available1 a notice of domestic worker rights document that describes the rights and protections provided by the domestic workers bill of rights and any other protections and other rights afforded under ,federal law to domestic workers4 7,b7 ,availability and accessibility of notice ,the notice of domestic worker rights shall be-- 7i7 a written document made available online1 including through the website described in subsection 7b72 and 7ii7 available in ,english1 ,spanish1 and other languages understood by domestic workers1 which shall be determined by the ,secretary and include1 at a minimum1 the translation languages for the basic information fact sheet 7or any successor document7 produced by the ,department of ,labor4 7,c7 ,contents ,the notice of domestic worker rights shall include-- 7i7 an explanation of the domestic workers bill of rights2 7ii7 a restatement of other ,federal laws that apply to domestic workers1 including-- 7,i7 laws relating to wage and hour requirements for domestic workers1 including minimum wage1 overtime1 travel time1 recordkeeping1 and other requirements2 7,,ii7 laws that provide protections for domestic workers against workplace discrimination and harassment2 7,,iii7 laws providing health and safety protections applicable to domestic workers2 7,,iv7 laws that protect domestic workers from retaliation for the exercise of workplace rights provided to domestic workers2 and 7,v7 laws1 including the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 providing domestic workers with the right to organize and engage in protected concerted activities2 and 7iii7 at the end of the notice-- 7,i7 a statement that domestic workers can access labor organizations to learn about their rights1 and domestic work hiring entities can access domestic work hiring entity organizations to learn about their rights2 7,,ii7 a statement that ,state law may provide stronger employment protections in some instances2 and 7,,iii7 a list of contact information for national domestic worker labor organizations and domestic work hiring entity organizations4 7#b7 ,greater protections ,nothing in this subsection shall affect any policies or practices of a domestic work hiring entity that provides greater1 additional1 or more generous wages1 benefits1 or working conditions to a domestic worker than required under this section4 7b7 ,establishing a domestic workers rights website ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a single web page on the website of the ,department of ,labor that summarizes in plain language the rights of domestic workers under the domestic workers bill of rights4 #cjc4 ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement 7a7 ,establishment ,there is established an ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement 7referred to in this section as the ,task ,force74 7b7 ,members ,the ,task ,force shall consist of-- 7#a7 representatives of the ,department of ,labor selected by the ,secretary1 including representatives of the ,wage and ,hour ,division1 ,occupational ,safety and ,health ,administration1 and ,office of the ,solicitor of ,labor2 7#b7 representatives of the ,department of ,health and ,human ,services selected by the ,secretary of ,health and ,human ,services1 including representatives of the ,centers for ,medicare and ,medicaid ,services and the ,administration for ,community ,living2 and 7#c7 representatives of the ,equal ,employment ,opportunity ,commission1 selected by the ,commission4 7c7 ,initial meeting ,the ,task ,force shall hold its first meeting by not later than #ij days after the date of enactment of this ,act4 7d7 ,duties 7#a7 ,recommendations regarding workplace challenges ,beginning not later than #ahj days after the date of enactment of this ,act1 the ,task ,force shall-- 7,a7 examine the issues and challenges facing domestic workers who come forward to enforce their workplace rights2 7,b7 identify challenges agencies enforcing these workplace rights have in reaching domestic workers and enforcing1 including by conducting hearings in each of the regions served by the regional offices of the ,wage and ,hour ,division of the ,department of ,labor to hear directly from domestic workers1 advocates1 and officials or employees of such agencies in the regional and local areas2 and 7,c7 develop a set of recommendations1 including sample legislative language1 on the best enforcement strategies to protect the workplace rights of domestic workers1 including-- 7i7 how to reach1 and enforce the rights of1 domestic workers who work in private homes2 7ii7 ways for ,federal agencies to work together or conduct joint enforcement of workplace rights for domestic workers1 as domestic workers who experience one type of violation are likely also experiencing other types of violations2 and 7iii7 ways the ,task ,force can work with ,state and local enforcement agencies on the enforcement of workplace rights for domestic workers4 7#b7 ,report ,by not later than #a year after the date of the first meeting of the ,task ,force1 the ,task ,force shall prepare and submit a report to ,congress regarding the recommendations described in paragraph 7#a77;,c74 7#c7 ,joint enforcement 7,a7 ,in general ,for a period of not more than #c years after the date of enactment of this ,act1 the ,task ,force shall carry out such actions as the ,task ,force determines necessary to support joint enforcement by ,federal agencies of violations of the rights of domestic workers4 7,b7 ,report ,at the end of the #c-year period described in subparagraph 7,a71 the ,task ,force shall submit a report to ,congress regarding the efficacy of joint enforcement4 7#d7 ,audit of ,federal enforcement strategies ,by not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,task ,force shall-- 7,a7 conduct an audit of the ,federal enforcement strategies relating to the rights of domestic workers2 and 7,b7 prepare and submit to ,congress a report regarding the results of the audit4 7#e7 ,consultation regarding community-based enforcement demonstration projects ,upon the request of the ,secretary1 the ,task ,force shall review1 and provide recommendations regarding1 the applications for community-based enforcement grants under section #cjd4 #cjd4 ,national grant for community-based education1 outreach1 and enforcement of domestic worker rights 7a7 ,program authorized 7#a7 ,in general ,from amounts made available to carry out this section1 the ,secretary1 after consultation with the ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement1 shall award grants to eligible entities to enable the eligible entities to expand and improve cooperative efforts between ,federal agencies and members of the community1 in order to-- 7,a7 enhance the enforcement of the domestic workers bill of rights and other workplace rights provided to domestic workers under relevant ,federal1 ,state1 and local laws2 7,b7 educate domestic workers of their rights under the domestic workers bill of rights and other workplace rights under ,federal1 ,state1 and local laws2 7,c7 educate domestic work hiring entities regarding their responsibilities and obligations under the domestic workers bill of rights and other relevant ,federal1 ,state1 and local laws2 and 7,d7 assist domestic workers in pursuing their workplace rights under the domestic workers bill of rights and other relevant ,federal1 ,state1 or local laws4 7#b7 ,duration of grants ,each grant awarded under this section shall be for a period of not more than #c years4 7b7 ,applications 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,partnership applications ,in the case of an eligible entity that is a partnership1 the eligible entity may designate1 in the application1 a single organization in the partnership as the lead entity for purposes of receiving and disbursing funds4 7#c7 ,contents ,an application described in paragraph 7#a7 shall include-- 7,a7 a description of a plan for the demonstration project that the eligible entity proposes to carry out with a grant under this section1 including a long-term strategy and detailed implementation plan that reflects expected participation of1 and partnership with1 community partners2 and 7,b7 information on the training and education that will be provided to domestic workers and domestic work hiring entities under such program4 7c7 ,selection 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall award grants under this section on a competitive basis4 7#b7 ,distribution through regions ,in awarding grants under this section1 the ,secretary shall ensure that a grant is awarded to an eligible entity in each region represented by a regional office of the ,wage and ,hour ,division of the ,department of ,labor1 to the extent practicable based on the availability of appropriations and the applications submitted4 7d7 ,use of funds ,an eligible entity receiving a grant under this section shall use grant funds to develop a community partnership and establish and support1 through the partnership1 #a or more of the following activities3 7#a7 ,disseminating information and conducting outreach and training to educate domestic workers about the rights and protections provided under the domestic workers bill of rights4 7#b7 ,conducting educational training for domestic work hiring entities about their obligations under the domestic workers bill of rights4 7#c7 ,conducting orientations and training jointly with relevant ,federal agencies1 including the ,interagency ,task ,force established under section #cjc1 regarding the rights and protections provided under the domestic workers bill of rights4 7#d7 ,providing mediation services between private-pay employers and workers4 7#e7 ,providing assistance to domestic workers in filing claims relating to violations of the domestic workers bill of rights1 either administratively or in court4 7#f7 ,monitoring compliance by domestic work hiring entities with the domestic workers bill of rights4 7#g7 ,establishing networks for education1 communication1 and participation in the community relating to the domestic workers bill of rights4 7#h7 ,evaluating the effectiveness of programs designed to prevent violations of the domestic workers bill of rights and enforce the domestic workers bill of rights4 7#i7 ,recruiting and hiring staff and volunteers for the activities described in this subsection4 7#aj7 ,producing and disseminating outreach and training materials4 7#aa7 ,any other activity as the ,secretary may reasonably prescribe through notice and comment rulemaking4 7e7 ,memoranda of understanding 7#a7 ,in general ,not later than #fj days after receiving a grant under this section1 an eligible entity shall negotiate and finalize with the ,secretary a memorandum of understanding that sets forth specific goals1 objectives1 strategies1 and activities that will be carried out under the grant by the eligible entity through a community partnership4 7#b7 ,signatures ,a representative of the eligible entity receiving a grant 7or1 in the case of an eligible entity that is a partnership1 a representative of each organization in the partnership7 and the ,secretary shall sign the memorandum of understanding under this subsection4 7#c7 ,revisions ,a memorandum of understanding under this subsection shall be reviewed and revised by the eligible entity and the ,secretary each year for the duration of the grant4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #cje4 ,encouraging the use of fiscal intermediaries ,the ,secretary of ,labor is required within the first year to issue a rule to facilitate the use of fiscal intermediaries that enable payments between domestic workers and domestic work hiring entities1 to improve transparency1 enforcement1 and working conditions of domestic workers4 #cjf4 ,j-#a ,visa program 7a7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall be construed to limit the authority of the ,secretary of ,labor or the ,states to enforce labor laws1 or promulgate regulations1 with respect to work performed by an individual who is-- 7#a7 participating in an exchange visitor program described in section #fb4ca of title #bb1 ,code of ,federal ,regulations 7or a successor regulation72 and 7#b7 present in the ,united ,states pursuant to a visa issued under section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j774 7b7 ,notification of rights 7#a7 ,in ,general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,state and any sponsor designated under subsection 7b7 of section #fb4ca of title #bb1 ,code of ,federal ,regulations 7or a successor regulation71 to carry out an au pair program shall-- 7,a7 notify each au pair participating in the program of his or her rights under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq472 and 7,b7 provide to each such au pair-- 7i7 a description of the services provided by the ,wage and ,hour ,division of the ,department of ,labor2 and 7ii7 information with respect to the manner in which the au pair may contact the ,department of ,labor to request assistance4 7#b7 ,applicability of domestic worker requirements ,the notice requirement under paragraph 7#a7 shall be in addition to all other protections or notices that apply to a domestic worker who is also an individual participating in an au pair program4 #cjg4 ,application to domestic workers who provide ,medicaid-funded services 7a7 ,regulations ,to apply domestic worker protections and rights ,not later than #a year after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,health and ,human ,services jointly shall develop and issue the following regulations3 7#a7 ,regulations regarding the application of the protections and rights afforded to domestic workers including personal or home care aides who provide services described in subsection 7b7 that are funded under the ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 or under a waiver of such plan including through a contract or other arrangement with a managed care entity 7as defined in section #aicb7;a77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifu-#b7;a77#a77;,b7771 to individuals enrolled in such plan or waiver4 ,the regulations issued under this paragraph shall recognize the role of self-directed care for individuals with disabilities and shall-- 7,a7 protect1 stabilize1 and expand the domestic worker and personal or home care aide workforce2 7,b7 recognize the role of self-directed care for individuals with disabilities2 7,c7 prohibit ,states from requiring individuals with disabilities who self-direct their care to use their direct service budget to pay for costs resulting from the application of such protections and rights to domestic workers 7such as paid sick time1 penalties1 or overtime pay7 except to the extent that such costs are directly related to the provision of services described in subsection 7b7 to such individuals2 and 7,d7 facilitate ,federal and ,state compliance with section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and the holdings of the ,supreme ,court in ,olmstead v4 ,l4,c41 #ebg ,u4,s4 #eha 7#aiii71 and companion cases4 7#b7 ,regulations regarding-- 7,a7 mechanisms for ,states to use to pay for the costs described in paragraph 7#a77;,c71 including1 to the extent the ,secretaries determine appropriate1 through the establishment of a dedicated ,state fund1 using funds appropriated to a ,state agency1 and using fiscal intermediaries2 and 7,b7 how ,states may use funds provided as a result of the increased ,federal medical assistance percentage for services provided by domestic workers under section #aije7;ff7 of such ,act 7#db ,u4,s4,c4 #aif;d7ff77 7as added by section #dja7 for such costs4 7b7 ,services described ,the services described in this subsection are the following3 7#a7 ,home or community-based services provided under a waiver approved under subsection 7c7 or 7d7 of section #aiae of the ,social ,security ,act 7#db ,u4,s4,c4 #acifn74 7#b7 ,home and community-based services provided under a ,state plan amendment under section #aiae7;i7 of such ,act 7#db ,u4,s4,c4 #acifn7i774 7#c7 ,self-directed personal assistance services provided under section #aiae7;j7 of such ,act 7#db ,u4,s4,c4 #acifn7j774 7#d7 ,home and community-based attendant services and supports provided under section #aiae7k7 of such ,act 7#db ,u4,s4,c4 #acifn7k774 7#e7 ,home health care services provided under section #aije7;a77#g7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#g774 7#f7 ,rehabilitative services provided under section #aije7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#ac774 7#g7 ,personal care services provided under section #aije7;a77#bd7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#bd774 7#h7 ,home and community care for functionally disabled elderly individuals under section #aibi of such ,act 7#db ,u4,s4,c4 #acift74 7#i7 ,community supported living arrangements services under section #aicj of such ,act 7#db ,u4,s4,c4 #acifu74 7#aj7 ,any services described in this subsection provided under a ,,pace program agreement in accordance with section #aicd of such ,act 7#db ,u4,s4,c4 #acifu-#d74 7#aa7 ,any services described in this subsection provided under a waiver approved under section #aaae of the ,social ,security ,act 7#db ,u4,s4,c4 #acae74 7#ab7 ,any other services provided by a domestic worker who is a personal or home care aide that are funded under a ,state plan under title ,,xix of such ,act or under a waiver of such plan1 as the ,secretary and the ,secretary of ,health and ,human ,services may determine4 #cjh4 ,delayed enforcement for government-funded programs 7a7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary shall delay all enforcement relating to the provisions of this ,act1 or the amendments made by this ,act1 with respect to a ,federal1 ,state1 or local governmental agency1 or an entity operating under a grant1 contract1 or other agreement for such agency until the day that is #b years after the date of enactment of this ,act4 7b7 ,extension option ,the ,secretary may extend the #b-year delay period in enforcement under subsection 7a7 with respect to a ,federal1 ,state1 or local governmental agency1 or an entity operating under a grant1 contract1 or other agreement for such agency for an additional #a-year period1 if1 through a process established by the ,secretary1 the ,secretary determines the delay appropriate4 ,in applying the preceding sentence1 a delay in issuing the regulations required under section #cjg shall be deemed a reason to extend the delayed enforcement period4 7c7 ,delay of enforcement through civil actions by domestic workers providing services funded under ,medicaid ,no action may be brought under section #aah7;a77#c7 against a domestic work hiring entity that receives payment under a ,state ,medicaid plan or waiver under title ,,xix of the ,social ,security ,act for providing any services described in section #cjg7;b71 until on or after the date that is #b years after the date of enactment of this ,act4 ,,iv ,funding #dja4 ,temporary increase in the ,federal medical assistance percentage for ,medicaid-funded services provided by domestic workers 7a7 ,in general ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7b71 by striking and 7aa7 and inserting 7aa71 and 7ff72 and 7#b7 by adding at the end the following new subsection3 7ff7 ,increased ,,fmap for medical assistance for services provided by domestic workers 7#a7 ,in general ,notwithstanding subsection 7b71 with respect to amounts expended by a ,state for medical assistance described in paragraph 7#b7 that is provided by a personal or home care aide during a quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this subsection1 the ,federal medical assistance percentage for the ,state and the quarter that applies to such expenditures shall be increased by #d percentage points 7not to exceed #ajj percent74 7#b7 ,medical assistance described ,the medical assistance described in this paragraph is the following3 7,a7 ,home or community-based services provided under a waiver approved under subsection 7c7 or 7d7 of section #aiae4 7,b7 ,home and community-based services provided under a ,state plan amendment under section #aiae7;i74 7,c7 ,self-directed personal assistance services provided under section #aiae7;j74 7,d7 ,home and community-based attendant services and supports provided under section #aiae7k74 7,e7 ,home health care services provided under subsection 7a77#g74 7,f7 ,rehabilitative services provided under subsection 7a77#ac74 7,g7 ,personal care services provided under subsection 7a77#bd7 of such ,act4 7,h7 ,home and community care for functionally disabled elderly individuals under section #aibi4 7,i7 ,community supported living arrangements services under section #aicj4 7,j7 ,any services described in this paragraph that are provided under a ,,pace program agreement in accordance with section #aicd4 7,k7 ,any services described in this paragraph that are provided under a waiver approved under section #aaae4 7,l7 ,such other services provided by a personal or home care aide that are funded under the ,state plan or under a waiver of such plan1 as the ,secretary may determine4 7#c7 ,personal or home care aide defined ,in this subsection1 the term personal or home care aide has the meaning given that term in section #bjjh7;b77#f77;,c7 and includes any individual who provides medical assistance described in paragraph 7#b7 for compensation4 4 7b7 ,application to ,,chip ,section #baje7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7a77 is amended by adding at the end the following new paragraph3 7#e7 ,child health assistance provided by domestic workers 7,a7 ,in general ,notwithstanding paragraph 7#a7 and subsection 7b71 the ,secretary shall pay to each ,state with a plan approved under this title1 from its allotment under section #bajd1 an amount1 for each quarter within the twenty-quarter period beginning with the first quarter that begins after the date of enactment of this paragraph1 equal to the enhanced ,,fmap1 increased by #d percentage points 7not to exceed #ajj percent7 of expenditures in the quarter for child health assistance and pregnancy-related assistance described in subparagraph 7,b7 that are provided under the plan for targeted low-income children and targeted low-income women4 7,b7 ,child health assistance and pregnancy-related assistance described ,the child health assistance and pregnancy-related assistance described in this subparagraph are the following3 7i7 ,home and community-based health care services and related supportive services under paragraph 7#ad7 of section #baaj 7other than training for family members1 and minor modifications to the home74 7ii7 ,rehabilitative services under paragraph 7#bd7 of section #baaj4 4 #djb4 ,process for determining an increased ,,fmap to ensure a robust homecare workforce under ,medicaid 7a7 ,data collection ,the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,planning and ,evaluation 7referred to in this section as ,,aspe71 shall enter into arrangements with ,states to collect ,state ,medicaid program data on the personal or home care aide workforce4 ,the data collected under such arrangements shall include the following3 7#a7 ,rates of retention and turnover of personal or home care aides by program type and ,state4 7#b7 ,causes of such turnover4 7#c7 ,numbers and types of personal or home care aides impacted by this ,act and the amendments made by this ,act1 including1 but not limited to1 with respect to-- 7,a7 personal or home care aides providing services to individuals who are enrolled in a ,state ,medicaid program1 including1 in the case of individuals enrolled under a waiver of such program1 the types of waivers involved2 and 7,b7 personal or home care aides providing services to individuals who are not enrolled in a ,state ,medicaid program4 7#d7 ,wages earned by personal or home care aides in each ,state4 7#e7 ,variations in wages across types of employers of personal or home care aides4 7#f7 ,any other such data as ,,aspe determines relevant to studying how to improve the recruitment and retention of the personal or home care aide workforce4 7b7 ,proposed ,,fmap increase 7#a7 ,in general ,based on the data collected under arrangements entered into under subsection 7a71 ,,aspe shall determine a proposed increased ,,fmap for amounts expended by a ,state for medical assistance described in section #aije7;ff77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7ff77#b77 7as added by section #dja7 under the ,state ,medicaid program that is provided by a personal or home care aide4 7#b7 ,requirements ,the proposed increased ,,fmap shall be designed to do the following3 7,a7 ,provide adequate reimbursement under ,state ,medicaid programs for increased costs for ,federal1 ,state1 and local changes in wages and benefits for personal or home care aides as a result of this ,act and the amendments made by this ,act4 7,b7 ,improve the rates of retention and recruitment of personal or home care aides who provide medically necessary services4 7,c7 ,ensure the independence and integration of individuals with disabilities who rely on personal or home care aides4 7#c7 ,consultation ,in determining such proposed increased ,,fmap1 ,,aspe shall consult with the ,domestic ,worker ,wage and ,standards ,board and shall provide that ,board with the opportunity to make formal written comments on ,,aspe's final proposed increased ,,fmap before the report required under subsection 7c7 is submitted to ,congress4 7c7 ,report 7#a7 ,deadline ,not later than #a year after the date of enactment of this ,act1 ,,aspe shall submit a report to ,congress that includes the following3 7,a7 ,the proposed increased ,,fmap determined by ,,aspe4 7,b7 ,an explanation of the benefits of using the proposed increased ,,fmap calculation for-- 7i7 the personal or home care aide workforce2 and 7ii7 elderly individuals and individuals with disabilities who are provided medical assistance described in section #aije7;ff77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7ff77#b77 7as added by section #dja7 by a personal or home care aide1 as well as to family caregivers4 7,c7 ,the written comments1 if any1 submitted by the ,domestic ,worker ,wage and ,standards ,board to ,,aspe prior to the submission of the report4 7,d7 ,suggestions for how ,states and the ,federal ,government can improve the process of obtaining timely1 uniform data under ,state ,medicaid programs regarding the personal or home care aide workforce4 7#b7 ,optional addendum ,not later than #ij days after the report required under paragraph 7#a7 is submitted to ,congress1 the ,domestic ,worker ,wage and ,standards ,board may submit an addendum to the report to ,congress that contains the ,board's views regarding the proposed increased ,,fmap and report submitted by ,,aspe4 7d7 ,definitions ,in this section3 7#a7 ,personal or home care aide ,the term personal or home care aide has the meaning given that term in section #aije7;ff77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7ff77#c774 7#b7 ,,fmap ,the term ,,fmap means the ,federal medical assistance percentage1 as defined in section #aije7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7b771 as determined without regard to this section4 7#c7 ,state ,the term ,state has the meaning given that term in section #aaja of the ,social ,security ,act 7#db ,u4,s4,c4 #acja7 for purposes of title ,,xix of that ,act4 7#d7 ,state ,medicaid program ,the term ,state ,medicaid program means1 with respect to a ,state1 the program for medical assistance carried out by a ,state under a ,state plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 and any waiver of that plan4 #djc4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act1 and the amendments made by this ,act1 such sums as may be necessary4