,,ii #aaith ,,congress #ast ,session ,s4 #ccif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbe,mrs4 ,gillibrand 7for herself1 ,mr4 ,lujn1 ,mr4 ,blumenthal1 ,mr4 ,fetterman1 ,mr4 ,kaine1 ,mr4 ,sanders1 ,ms4 ,duckworth1 ,ms4 ,warren1 ,mr4 ,merkley1 ,mr4 ,durbin1 ,mr4 ,markey1 ,ms4 ,klobuchar1 ,mr4 ,schiff1 ,ms4 ,baldwin1 ,mr4 ,padilla1 ,mr4 ,booker1 and ,mrs4 ,murray7 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 employees1 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,sec4 #d4 ,rulemaking authority4,sec4 #e4 ,rule of construction4,,title ,i--,domestic employee 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 employee 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--,amendment to title ,,vii of the ,civil ,rights ,act of #aifd,sec4 #aca4 ,including certain domestic employees in civil rights protections against discrimination in employment4,,title ,,ii--,standards board and benefits,sec4 #bja4 ,domestic ,employee ,standards ,board4,sec4 #bjb4 ,domestic employees' benefits study4,,title ,,iii--,implementation of the domestic workers bill of rights,sec4 #cja4 ,definitions4,sec4 #cjb4 ,notice of domestic employee rights4,sec4 #cjc4 ,interagency ,task ,force on ,domestic ,workers ,bill of ,rights ,enforcement4,sec4 #cjd4 ,national ,domestic ,employee ,hotline4,sec4 #cje4 ,national grant for community-based education1 outreach1 and enforcement of domestic employee rights4,sec4 #cjf4 ,encouraging the use of fiscal intermediaries4,sec4 #cjg4 ,application to domestic employees 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 employees4,sec4 #djb4 ,authorization of appropriations4,,title ,v--,severability,sec4 #eja4 ,severability4 #b4 ,findings ,congress finds the following3 7#a7 ,there are an estimated #b1bjj1jjj domestic employees across the ,united ,states working in private homes to provide direct care1 child care1 and house-cleaning services4 7#b7 ,domestic work is a job-enabling job that makes all other work possible4 ,it is labor that cannot be outsourced to individuals abroad1 nor is it close to being automated4 ,without the millions of domestic employees caring for children1 seniors1 and people with disabilities1 and cleaning homes1 much of the economy would come to a standstill4 7#c7 ,during the ,,covid-#ai pandemic1 domestic work and other low-wage service jobs1 disproportionately held by women1 women of color1 and immigrants1 were deemed essential4 ,this crisis showed how essential these jobs have always been to our economy4 ,at great risk to the health of themselves and their families1 domestic employees worked on the frontlines of the pandemic to provide care to those more vulnerable to ,,covid-#ai1 seniors1 and individuals with disabilities1 and provided child care for the children of essential workers and other workers4 ,a study of ,black immigrant domestic employees conducted by the ,institute for ,policy ,studies and the ,national ,domestic ,workers ,alliance in ,may and ,june of #bjbj found that #be percent of employees surveyed experienced or lived with someone who had experienced ,,covid-#ai symptoms4 ,seventy-three percent of such employees surveyed indicated that they did not receive personal protective equipment 7,,ppe7 from their employers4 7#d7 ,domestic employees experienced a rapid and sustained loss of jobs during the ,,covid-#ai pandemic1 which exacerbated the existing financial insecurity experienced by many domestic employees4 ,surveys from the ,national ,domestic ,workers ,alliance and ,,ndwa ,labs between ,march and ,september #bjbj found that for #f consecutive months1 more than half of domestic employees surveyed were unable to pay their rent or mortgage4 ,nearly #ge percent of employees surveyed did not receive any compensation when their jobs were canceled4 7#e7 ,the employment of individuals in domestic service in households affects commerce1 as described in section #b7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjb7;a771 and thus many domestic employees are employees covered under the ,fair ,labor ,standards ,act of #aich4 ,moreover1 domestic services provided by any domestic employee for an employer affect commerce4 7#f7 ,domestic employees 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#g7 ,in #bjbe1 the ,bureau of ,labor ,statistics predicted that between #bjbc and #bjcc-- 7,a7 the number of new jobs for home health and personal care aides will increase by #ba percent1 which is an increase of #hbj1ejj jobs2 and 7,b7 approximately #afb1ejj openings for child care positions are projected each year1 on average1 during such period4 7#h7 ,an increasing number of employees1 including domestic employees1 are finding work on online platforms4 ,an analysis from the ,j,p,morgan ,chase ,institute found that between #bjac and #bjbj1 the percentage of adults that had earned income from online platforms increased from #j4c percent to #b4e percent4 7#i7 ,nearly #i out of #aj domestic employees are women 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 ,according to the ,economic ,policy ,institute1 domestic employees also tend to be older than other employees4 ,two in #e domestic employees are age #ej or older1 while just #a_/c of all other employees are at least #ej years old4 7#aj7 ,domestic employees are paid low wages1 can be subjected to workplace health and safety hazards1 and face difficulties saving for retirement4 ,an ,economic ,policy ,institute analysis of data from the ,current ,population ,survey indicates that the median wage for a domestic employee is approximately #af4eh per hour1 and an ,economic ,policy ,institute analysis of data from the ,american ,community ,survey indicates that the median annual wage for such an employee is approximately #bj1ibf4 ,in practice1 the median hourly and annual wages for domestic employees are less than those approximations given that domestic work has largely been negotiated in the informal labor market4 7#aa7 ,domestic employees experience high rates of poverty4 ,an ,economic ,policy ,institute analysis of data from the ,current ,population ,survey found domestic workers to be #c times as likely to be living below the ,federal poverty level than other workers1 and nearly #c times as likely to be struggling to make ends meet compared to other workers4 7#ab7 ,low-wage employees1 including domestic employees1 experience high rates of minimum wage and overtime violations1 violations of laws related to workers' compensation and other workplace benefits1 and illegal retaliation4 ,a #bjag study from the ,economic ,policy ,institute found that #b1djj1jjj employees1 #ag percent of the low-wage workforce1 experiences wage theft4 ,a #bjji report from the ,national ,employment ,law ,project found that employment in private homes was one of the #c industries with the highest rates of employment and labor law violations4 7#ac7 ,a landmark study of domestic employees published in #bjab by the ,national ,domestic ,workers ,alliance1 the ,center for ,urban ,economic ,development of the ,university of ,illinois at ,chicago1 and ,data,center titled ,home ,economics3 ,the ,invisible and ,unregulated ,world of ,domestic ,work indicated poor working conditions across the domestic service industry4 ,the results of this study were later published in a #bjai academic article titled ,workplace ,health and ,safety ,hazards ,faced by the ,informally ,employed ,domestic ,workers in the ,united ,states in the journal ,workplace ,health ,safety4 ,the findings of such study included that-- 7,a7 domestic employees have little control over their working conditions and employment is usually arranged without a written contract2 7,b7 #ce percent of domestic employees interviewed reported that they worked long hours without breaks in the year immediately preceding the interview2 7,c7 #be percent of live-in domestic employees 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 #fe percent of domestic employees interviewed who encountered problems with their working conditions in the year immediately preceding the interview did not complain about their working conditions because they were afraid they would lose their job4 7#ad7 ,a #bjah study from the ,economic ,policy ,institute found that domestic employees have little access to federally supported employment benefits4 ,for instance-- 7,a7 less than #aj percent of such employees receive employer-sponsored retirement benefits2 and 7,b7 less than #bj percent of such employees receive employer-sponsored health insurance4 7#ae7 ,compounding these challenges is the fact that many domestic employees have been1 and in many cases continue to be1 excluded from key provisions of labor and employment laws like the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 and the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 ,live-in domestic employees solely employed by private households remain excluded from the overtime protections under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 ,minimum employee threshold rules1 misclassification of domestic employees as independent contractors1 and exclusion of independent contractors from coverage mean that most domestic employees 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#af7 ,the ,international ,labour ,organization's ,domestic ,workers ,convention1 adopted in #bjaa1 calls for domestic employees 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 employees 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#ag7 ,the unique nature of their work1 in private homes with individuals and families1 also often makes it difficult for domestic employees to use ,federal programs and policies to improve their skills and training and to join together collectively to negotiate better pay and working conditions4 7#ah7 ,many domestic employees are also vulnerable to discrimination and sexual harassment4 ,these issues are further exacerbated by the unique working conditions faced by domestic employees1 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#ai7 ,millions of older individuals1 individuals with disabilities1 and families are increasingly relying on domestic employees4 ,transforming domestic work jobs into good jobs with family sustaining wages and access to benefits can reduce high turnover due to poor working conditions1 thereby enhancing quality of care1 and supporting the millions of working and retired people of the ,united ,states who rely on them4 #c4 ,definitions 7a7 ,fair ,labor ,standards ,act of #aich definitions ,in this ,act3 7#a7 ,commerce2 employ2 employee2 goods2 person2 ,state ,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 7#b7 ,regular rate ,the term regular rate has the meaning given such term in section #g7;e7 of such ,act 7#bi ,u4,s4,c4 #bjg7;e774 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 employee ,the term domestic employee-- 7,a7 means1 except as provided in subparagraph 7,b71 an employee who is employed by an employer for the performance of domestic services2 and 7,b7 does not include-- 7i7 any individual who is a family member1 friend1 neighbor1 or parent of a child and who provides child care for the child in the child's home2 7ii7 any individual who is-- 7,i7 an employee of a family child care provider2 or 7,,ii7 a family child care provider2 and 7iii7 any individual who is an employee described in section #ac7;a77#ae7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#ae774 7#d7 ,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#e7 ,domestic services ,the term domestic services-- 7,a7 means services-- 7i7 of a household nature2 and 7ii7 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 aides or assistants1 and chauffeurs of automobiles for family use4 7#f7 ,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#g7 ,medicaid ,,hcbs-eligible elderly individual ,the term ,medicaid ,,hcbs-eligible elderly individual means an individual who-- 7,a7 is #fe years of age or older2 7,b7 is eligible for and enrolled for medical assistance for any of the following services 7whether provided on a fee-for-service1 risk1 or other basis7 under a ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq47 7including any waiver or demonstration under such title or under section #aaae of such ,act 7#db ,u4,s4,c4 #acae7 relating to such title71 and includes an individual who becomes eligible for medical assistance under a ,state ,medicaid program when removed from a waiting list3 7i7 ,home health care services authorized under paragraph 7#g7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a774 7ii7 ,personal care services authorized under paragraph 7#bd7 of such section4 7iii7 ,,pace services authorized under paragraph 7#bf7 of such section4 7iv7 ,home and community-based services authorized under subsections 7b71 7c71 7i71 7j71 and 7k7 of section #aiae of such ,act 7#db ,u4,s4,c4 #acifn71 such services authorized under a waiver under section #aaae of such ,act 7#db ,u4,s4,c4 #acae71 and such services provided through coverage authorized under section #aicg of such ,act 7#db ,u4,s4,c4 #acifu-#g74 7v7 ,case management services authorized under section #aije7;a77#ai7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#ai77 and section #aiae7;g7 of such ,act 7#db ,u4,s4,c4 #acifn7g774 7vi7 ,rehabilitative services1 including those related to behavioral health1 described in section #aije7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#ac774 7vii7 ,such other services specified by the ,secretary of ,health and ,human ,services4 7#h7 ,on-call ,the term on-call1 with respect to a domestic employee1 means any period of time that the employer of the domestic employee requires the domestic employee to-- 7,a7 be available to work2 and 7,b7 wait to contact1 or to be contacted by1 the employer to determine whether the domestic employee will be required to report to work during that period of time4 7#i7 ,parent ,the term parent1 with respect to an individual1 means a biological1 foster1 or adoptive parent of the individual1 a stepparent of the individual1 parent-in-law of the individual1 parent of a domestic partner of the individual1 or a legal guardian or other person who stood in loco parentis to the individual when the individual was a child4 7#aj7 ,personal care aide or assistant ,the term personal care aide or assistant means an individual who provides personal care services4 7#aa7 ,personal care services ,the term personal care services means assistance provided to an individual who is not an inpatient or resident of a hospital1 nursing facility1 intermediate care facility for individuals with intellectual disabilities1 or institution for mental disease that enables the recipient to accomplish activities of daily living or instrumental activities of daily living4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ac7 ,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#ad7 ,shared living arrangement ,the term shared living arrangement means a living arrangement involving-- 7,a7 not more than #b individuals who are an individual with a disability or a ,medicaid ,,hcbs-eligible elderly individual1 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 relationship72 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#ae7 ,spouse ,the term spouse1 with respect to an individual1 means another individual with whom the individual entered into a marriage 7including a common law or same-sex marriage7-- 7,a7 as defined or recognized under the law in the ,state in which the marriage was entered into2 or 7,b7 that1 in the case of a marriage entered into outside of any ,state1 is recognized in the place where entered into and could have been entered into in at least #a ,state4 #d4 ,rulemaking authority ,the ,secretary shall have the authority to promulgate rules to carry out this ,act4 #e4 ,rule of construction ,for purposes of this ,act1 any domestic services performed by a domestic employee for an employer are considered to affect commerce4 ,i ,domestic employee 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 is employed in domestic service in a household and resides in such household4 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 termination not later than #dh hours after such termination2 and 7,b7 7i7 not less than #cj calendar days of lodging at-- 7,i7 the household premises of the employer1 as customarily provided by the employer2 or 7,,ii7 another premise of a comparable lodging condition2 or 7ii7 severance pay in an amount equivalent to the average earnings of the live-in domestic employee for #b weeks of employment during the preceding #f months4 7#b7 ,offsite lodging or severance ,if an employer chooses to provide a live-in domestic employee who is terminated1 as described in paragraph 7#a71 lodging described in paragraph 7#a77;,b77i77,,ii71 or severance pay described in paragraph 7#a77;,b77ii71 the employer shall allow the live-in domestic employee not less than #dh hours after the notice provided under paragraph 7#a77;,a7 to vacate the household of the employer4 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 conduct1 against the employer1 any member of the family of the employer1 or any individual residing in the household of the employer4 7,b7 ,good faith allegations ,a good faith allegation described in this subparagraph shall be-- 7i7 made in writing and provided to the live-in domestic employee not later than #dh hours after the employer has knowledge of the conduct of the live-in domestic employee resulting in the allegation2 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 live-in domestic employee with the ability1 and reasonable opportunity1 to access telephone and internet services in accordance with paragraph 7#b72 and 7,b7 without interference by the employer1 permit the live-in domestic 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 requires an employee to be a live-in domestic employee and 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 requires an employee to be a live-in domestic employee and 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 2 and2 7#b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 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 7b7-- 7,a7 by inserting ,any employer who violates section #h7;b7 shall be liable to the employee affected in an amount of severance pay that is calculated1 with respect to the employee1 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 the seventh sentence-- 7i7 by striking or the amount of unpaid overtime compensation and inserting the amount of unpaid overtime compensation1 or the amount of severance pay or other damages2 and 7ii7 by striking section #f or section #g and inserting section #f1 #g1 or #h2 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#g7 the restraint of any withholding of severance pay and other damages found by the court to be due to employees under this ,act 7except1 in either case1 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 employee rights #aaj4 ,written agreements 7a7 ,covered domestic employee ,in this section1 the term covered domestic employee means any domestic employee to whom the employer of the domestic employee expects to provide compensation for the performance of domestic services by the domestic employee for not less than #h hours per week4 7b7 ,requirement ,each employer shall provide a written agreement in accordance with this section to each covered domestic employee employed by the employer4 7c7 ,written agreement requirements ,a written agreement required under this section shall-- 7#a7 be signed and dated by the covered domestic employee and the employer2 7#b7 be written in-- 7,a7 a language easily and fully understood by the covered domestic employee and the employer1 which may be in multiple languages if the employee and the employer do not easily and fully understand the same language2 and 7,b7 plain language2 7#c7 include the contents described in subsection 7d72 and 7#d7 be provided in accordance with subsection 7e74 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 employer1 including1 as appropriate1 any doing business as name of the employer and the name of each individual of the employer who will be doing business with the covered domestic employee4 7,b7 ,the address for the location where the covered domestic employee will be providing domestic services for the employer4 7,c7 ,all responsibilities to be performed by the covered domestic employee for the employer1 and the regularity in which such responsibilities are to be performed4 7,d7 ,the hourly pay rate of the covered domestic employee for any work week1 including the overtime pay rate4 7,e7 ,the day of the week when the covered domestic employee will be paid4 7,f7 ,the required working hours for any work week1 including-- 7i7 the time of day and day of week the work of the covered domestic employee begins2 7ii7 meal and rest breaks described in section #aae2 7iii7 time off1 including paid holidays and paid vacations2 7iv7 the work schedule of the employee at the time of hire1 including-- 7,i7 the time of day and the days of the week the covered domestic employee will be expected to work for the employer each week2 or 7,,ii7 if the time of day or the days of the week that the covered domestic employee will be expected to work for the employer will vary from week to week1 information regarding a good faith estimate of the days and hours for which the covered domestic employee will be expected to work for the employer each week1 including1 at minimum-- 7aa7 the average number of hours the covered domestic employee will be expected to work for the employer each week during a typical #ij-;day period2 7bb7 whether the covered domestic employee can expect to be on-call2 7cc7 a subset of days the covered domestic employee can typically expect to work 7or to be scheduled as off from work7 for the employer2 and 7dd7 the amount of notice that the employer will provide to the covered domestic employee in advance of scheduled work hours 7as defined in section #aab7;a771 which shall not be less than #gb hours before such scheduled work hours are to begin 7except during a period described in subparagraph 7,a7 of section #aab7;e77#a71 in a case described in subparagraph 7,b7 of such section1 or in the case of a shared living arrangement71 and the manner in which such notice shall be provided2 7v7 how the employer will provide pay for last-minute changes to scheduled work hours as described in section #aab7;c72 and 7vi7 how the employee can request and receive a change to scheduled work hours due to personal events as described in section #aac4 7,g7 ,information about policies1 procedures1 and equipment related to safety and emergencies4 7,h7 ,the policy of the employer pertaining to notice of termination of the covered domestic employee by the employer4 7,i7 ,a description of the process for the covered domestic employee to raise or address grievances with respect to1 or breaches of1 the written agreement1 including that the grievance process shall not be construed to be an exhaustion of remedies requirement and shall not prevent the covered domestic employee from going directly to a relevant enforcement agency or a court to enforce any right conferred by this ,act or another law4 7,j7 ,in the case of a covered domestic employee who resides in the household of the person for whom the covered domestic employee provides domestic services-- 7i7 the circumstances under which the employer may enter the designated living space of the covered domestic employee2 7ii7 the circumstances under which the covered domestic employee1 in a shared living arrangement1 may enter the designated living space of the employer2 and 7iii7 a description of certain circumstances the employer determines as cause for-- 7,i7 immediate termination of the covered domestic employee2 and 7,,ii7 subject 7as applicable7 to section #h7;b7 of the ,fair ,labor ,standards ,act of #aich1 removal of the covered domestic employee from the household of the person for whom the employee provides domestic services not later than #dh hours after notice of the termination4 7,k7 ,if applicable1 any policies of the employer with respect to the covered domestic employee for-- 7i7 paying for or providing reimbursement for-- 7,i7 health insurance2 7,,ii7 transportation1 meals1 or lodging2 or 7,,iii7 any fees or costs associated with the domestic services provided by the covered domestic employee for the employer2 7ii7 annual or other pay increases2 7iii7 severance pay2 and 7iv7 providing materials or equipment related to the performance of domestic service by the covered domestic employee1 including 7if applicable7 any cleaning supplies provided by the employer4 7,l7 ,any other benefits afforded to the covered domestic employee by the employer4 7,m7 ,a description of the process used by the employer to change any policy described in subparagraphs 7,a7 through 7,l71 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 covered domestic employee4 7#b7 ,prohibitions ,a written agreement required under this section may not-- 7,a7 contain-- 7i7 a predispute arbitration agreement 7as such term is defined in section #dja of title #i1 ,united ,states ,code7 for claims made by a covered domestic employee against an employer regarding the legal rights of the employee2 or 7ii7 a nondisclosure agreement1 noncompete agreement1 or nondisparagement agreement that limits the ability of the covered domestic employee to seek compensation for performing domestic services after the employee ceases to receive compensation from the employer for the performance of domestic services2 and 7,b7 be construed to waive the rights or protections of a domestic employee under ,federal1 ,state1 or local law4 7e7 ,timing 7#a7 ,initial agreement ,an employer shall provide a written agreement required under this section-- 7,a7 to each covered domestic employee hired by the employer after the date of enactment of this ,act on a day that1 at the discretion of the employer1 is-- 7i7 not more than #e days after the covered domestic employee is hired2 or 7ii7 the day before the first day that the covered domestic employee performs domestic services for the employer2 and 7,b7 to each covered domestic employee hired on or before the date of enactment of this ,act1 not more than #ahj days after such date of enactment4 7#b7 ,subsequent agreements ,not later than #cj calendar days after the date on which an employer makes a change to a written agreement provided to a covered domestic employee under this section1 the employer shall provide the covered domestic employee with an updated agreement in accordance with this section4 7f7 ,records ,an employer that is required to provide a written agreement under this section to a covered domestic employee shall retain such agreement for a period of not less than #c years from the date on which the covered domestic employee is no longer working for the employer4 7g7 ,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 be available in multiple languages commonly understood by domestic employees1 including all languages in which the ,secretary1 acting through the ,administrator of the ,wage and ,hour ,division1 translates a basic information fact sheet published by the ,administrator4 #aaa4 ,earned sick days 7a7 ,definitions ,in this section3 7#a7 ,domestic employee ,the term domestic employee means a domestic employee1 as defined in section #c7;b71 other than an individual providing domestic services through a shared living arrangement4 7#b7 ,domestic violence ,the term domestic violence-- 7,a7 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 funding shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer of the domestic employee involved is located2 and 7,b7 includes dating violence1 as that term is defined in such section4 7#c7 ,employment benefits ,the term employment benefits means all benefits provided or made available to a domestic employee by the employer that employs the domestic employee1 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 an employer 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#d7 ,health care provider ,the term health care provider means a provider who-- 7,a7 is-- 7i7 a doctor of medicine or osteopathy who is authorized to practice medicine or surgery 7as appropriate7 by the ,state in which the doctor practices2 or 7ii7 any other person determined by the ,secretary to be capable of providing health care services2 and 7,b7 is not employed by the employer for whom the provider issues certification under this section4 7#e7 ,paid sick time ,the term paid sick time means an increment of compensated leave that can be earned by a domestic employee 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#f7 ,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#g7 ,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#h7 ,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 ,an employer shall provide each domestic employee employed by the employer not less than #a hour of earned paid sick time for every #cj hours worked1 to be used as described in paragraph 7#b74 ,an employer shall not be required to permit a domestic employee to earn1 under this subsection1 more than #ef hours of paid sick time in a calendar year1 unless the employer chooses to set a higher limit4 7,b7 ,dates for beginning to earn paid sick time and use 7i7 ,in general ,a domestic employee-- 7,i7 shall begin to earn paid sick time under this subsection at the commencement of their employment2 and 7,,ii7 except as provided in clause 7ii71 may use that earned paid sick time in accordance with this subsection4 7ii7 ,waiting period for use of earned paid sick time 7,i7 ,in general ,except as provided in subclause 7,,ii7 and subparagraph 7,f71 a domestic employee may not use any paid sick time earned under this subsection before the day that is the #fjth calendar day after commencement of the domestic employee's employment4 7,,ii7 ,advance for sick time ,an employer may-- 7aa7 loan paid sick time to a domestic employee employed by the employer for use by such domestic employee in advance of the domestic employee earning such sick time2 and 7bb7 notwithstanding subclause 7,i71 permit use of earned sick time by a domestic employee before the #fjth day of employment of the domestic employee4 7,c7 ,carryover ,paid sick time earned under this subsection shall carry over from one year to the next4 7,d7 ,employers with existing policies ,any employer 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 employee employed by the employer 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 employee from an employer upon the domestic employee's termination1 resignation1 retirement1 or other separation from employment with the employer for earned paid sick time that has not been used4 7,f7 ,reinstatement ,if a domestic employee is separated from employment with an employer and is rehired for employment1 within #ab months after that separation1 by the same employer1 the employer shall reinstate the domestic employee's previously earned paid sick time4 ,notwithstanding subparagraph 7,b77ii77,i71 the domestic employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer4 7,g7 ,prohibition ,an employer may not require1 as a condition of providing paid sick time under this subsection1 that the domestic employee involved search for or find a replacement to cover the hours during which the domestic employee is using paid sick time4 7#b7 ,uses ,paid sick time earned under this subsection may be used by a domestic employee for any of the following3 7,a7 ,an absence resulting from a physical or mental illness1 injury1 or medical condition of the domestic employee4 7,b7 ,an absence resulting from obtaining professional medical diagnosis or care1 or preventive medical care1 for the domestic employee4 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 employee 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 is required to attend-- 7,i7 in the case of someone who is a child1 a school meeting2 or 7,,ii7 a meeting at a place where the child1 parent1 spouse1 domestic partner1 or such other individual is receiving care necessitated by a health condition or disability of the child1 parent1 spouse1 domestic partner1 or such other individual4 7iii7 is in need of care and is typically cared for by an individual who is unable to provide care because the individual has any of the conditions or needs for diagnosis or care described in subparagraph 7,a7 or 7,b72 or 7iv7 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 employee or a child1 parent1 spouse1 domestic partner1 or another individual related to the domestic employee as 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 child1 a parent1 a spouse1 a domestic partner1 or such other individual in obtaining services from a victim services organization2 7iii7 obtain or assist a child1 a parent1 a spouse1 a domestic partner1 or such other individual in obtaining psychological or other counseling2 7iv7 seek relocation2 or 7v7 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 stalking4 7#c7 ,procedures 7,a7 ,in general ,paid sick time shall be provided upon the oral or written request of a domestic employee4 ,such request shall-- 7i7 include the expected duration of the period of such time2 and 7ii7 be-- 7,i7 in a case in which the need for such period of time is foreseeable at least #g days in advance of such period1 provided at least #g days in advance of such period2 or 7,,ii7 otherwise1 provided as soon as practicable after the domestic employee is aware of the need for such period4 7,b7 ,certification in general 7i7 ,provision 7,i7 ,in general ,subject to clause 7iv71 an employer 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 employee 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 employee shall provide a copy of such certification to the employer in a timely manner1 not later than #cj days after the first day of the period of time4 ,the employer shall not delay the commencement of the period of time on the basis that the employer 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 paid sick time will be needed2 7,,ii7 the probable duration of the period of time2 7,,iii7 for purposes of paid sick time under paragraph 7#b77;,a71 a statement that absence from work is medically necessary2 7,,iv7 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 the duration of such testing or care2 and 7,v7 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 ,regulations ,the ,secretary shall prescribe regulations that shall specify the manner in which a domestic employee who does not have health insurance shall provide a certification for purposes of this subparagraph4 7iv7 ,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 an employer possesses health information about a domestic employee or a domestic employee's child1 parent1 spouse1 or domestic partner or another individual related to the domestic employee as 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 employee or with the permission of the affected domestic employee4 7,c7 ,certification in the case of domestic violence1 sexual assault1 or stalking 7i7 ,in general ,an employer may require that a request for paid sick time under this subsection for a purpose described in paragraph 7#b77;,d7 be supported by a form of documentation described in clause 7ii7 if the period of such time covers more than #c consecutive workdays4 7ii7 ,form of documentation ,a form of documentation described in this subparagraph is any one of the following3 7,i7 ,a police report indicating that the domestic employee1 or individual 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 employee1 or individual described in paragraph 7#b77;,d71 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 employee1 or individual described in paragraph 7#b77;,d71 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 employee or volunteer 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 employee1 or individual described in paragraph 7#b77;,d71 is a victim of domestic violence1 sexual assault1 or stalking4 7iii7 ,requirements ,the requirements of subparagraph 7,b7 shall apply to certifications under this paragraph1 except that-- 7,i7 subclauses 7,,iii7 through 7,v7 of clause 7ii7 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 employee to be absent from work1 and the domestic employee 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 7iv7 of such subparagraph1 any information provided to the employer 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 employee2 or 7bb7 otherwise required by applicable ,federal or ,state law4 7iv7 ,specification of documentation ,an employer may not specify which of the forms of documentation described in subclause 7,i71 7,,ii71 or 7,,iii7 of clause 7ii7 is required to be provided in order to satisfy the requirement under clause 7i74 7c7 ,construction and application 7#a7 ,effect on other laws 7,a7 ,federal and ,state anti-discrimination 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 leave 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 an employer to comply with any contract1 collective bargaining agreement1 or employment benefit program or plan that provides greater paid sick leave or other leave rights to domestic employees or other individuals than the rights established under this section4 7,b7 ,less protective ,the rights established for domestic employees 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#c77;,b77iii71 takes effect #b years after the date of enactment of this ,act4 #aab4 ,fair scheduling practices 7a7 ,definitions ,in this section3 7#a7 ,covered domestic employee ,the term covered domestic employee has the meaning given the term in section #aaj7;a74 7#b7 ,scheduled work hours ,the term scheduled work hours means the hours on a specified day during which a domestic employee is1 through a written agreement or schedule1 required by the employer of the domestic employee to perform domestic services for the employer and for which the domestic employee will receive compensation for such services4 7b7 ,requirement for notice of covered domestic employee ,in the case of a covered domestic employee of an employer1 the employer shall provide the covered domestic employee notice of the scheduled work hours of such employee through-- 7#a7 a written agreement described in subclause 7,i7 of section #aaj7;d77#a77;,f77iv7 regarding a schedule of the time of day and the days of the week the covered domestic employee is expected to work for the employer each week2 or 7#b7 a schedule agreed upon by the employer and the covered domestic employee provided in the amount of time specified in accordance with a written agreement described in subclause 7,,ii7 of such section1 regarding a good faith estimate of the time of day and the days of the week that the covered domestic employee is expected to work for the employer4 7c7 ,requirements for changes to scheduled work hours and reporting time pay ,an employer shall-- 7#a7 communicate in writing 7which may be in an electronic form7 any change to the scheduled work hours of each domestic employee of the employer1 including any on-call shifts1 not less than #gb hours before the domestic employee is scheduled to begin work2 and 7#b7 pay each domestic employee of the employer-- 7,a7 the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee after the domestic employee arrives to work for the scheduled work hours2 or 7,b7 at a rate of of the regular rate of pay of the domestic employee for any scheduled work hours the domestic employee does not work due to the employer canceling or reducing the scheduled work hours of the domestic employee at a time that is less than #gb hours prior to the commencement of such scheduled work hours1 unless the employer-- 7i7 is an individual with a disability relying on the domestic employee for disability supports and services 7or an employer supporting an individual with a disability72 and 7ii7 requests the domestic employee to consent to work alternative1 equivalent scheduled work hours within a #g-;day period and the employee consents to work such alternative1 equivalent hours4 7d7 ,right ,to decline schedule changes 7#a7 ,in general ,if an employer intends to schedule a covered domestic employee for work during hours that are identified as hours in which the employee can typically expect to be scheduled as off from work in accordance with the written agreement under section #aaj7;d77#a77;,f77iv77,i7 or are identified as hours outside of the good faith estimate under section #aaj7;d77#a77;,f77iv77,,ii77cc71 the employer shall obtain the written consent of the covered domestic employee to work such hours prior to the commencement of such work4 7#b7 ,consent ,a covered domestic employee may provide written consent under paragraph 7#a7 in an electronic format4 7e7 ,exceptions 7#a7 ,in general ,notwithstanding any provision in this section1 the requirements under subsection 7c7 shall not apply-- 7,a7 during any period in which the operations of the employer 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 employee safety2 or 7,b7 in a case in which-- 7i7 the domestic employee voluntarily requested in writing a change to the scheduled work hours of the employee2 or 7ii7 the employer changes the scheduled work hours of a domestic employee due to-- 7,i7 a medical emergency requiring the emergency medical treatment or hospitalization of the individual for whom the domestic employee is performing domestic services or a child1 a parent1 a spouse1 or a domestic partner of such individual or any other individual related by blood or affinity whose close association with such individual is the equivalent of a family relationship2 or 7,,ii7 the risk of contagion or a quarantine requirement related to a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d74 7#b7 ,shared living arrangement ,notwithstanding any provision in this section1 the requirements under this section shall not apply to a shared living arrangement4 7f7 ,effective date ,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 employee ,the term covered domestic employee 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 employee1 means-- 7,a7 an event resulting in the need of the covered domestic employee to serve as a caregiver for an individual related to the covered domestic employee by blood or affinity or whose close association with the covered domestic employee is the equivalent of a family relationship2 7,b7 an event resulting from the obligation of a covered domestic employee 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 employee1 or an individual related to the employee as described in subparagraph 7,a71 is a party or witness2 or 7,c7 any circumstance that would constitute a basis for permissible use of safe time or family1 medical1 or sick leave1 as determined based on the policy of the employer of the covered domestic employee4 7#d7 ,safe time ,the term safe time1 with respect to a covered domestic employee1 means an absence from work of the employee resulting from domestic violence1 sexual assault1 or stalking1 if the absence is to-- 7,a7 seek medical attention for the employee or a child1 parent1 spouse1 or domestic partner of the employee1 or any other individual related to the employee by blood or affinity whose close association with the employee is the equivalent of a family relationship1 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 employee 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 employee 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 employee shall be deemed to be a reference to the term covered domestic employee4 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 employee1 means a limited alteration in the hours or dates that1 or locations where1 the covered domestic employee is scheduled to work1 including such an alteration involving using paid time off1 trading work hours with another individual1 shifting work hours1 or using short-term unpaid leave4 7b7 ,request 7#a7 ,in general ,in accordance with this subsection1 for each calendar year1 an employer shall1 upon request of a covered domestic employee of the employer1 grant to the covered domestic employee not less than-- 7,a7 #b requests for a temporary change1 covering not more than #a work day per request1 to the scheduled work hours of the employee due to a personal event2 or 7,b7 #a request for a temporary change1 covering not more than #b work days1 to the scheduled work hours of the employee due to a personal event4 7#b7 ,notification of request 7,a7 ,in general ,a covered domestic employee who requests a temporary change to the scheduled work hours of the employee due to a personal event under this subsection shall-- 7i7 notify the employer or direct supervisor of such employee1 as soon as the employee becomes aware of the need for the temporary change and inform the employer or supervisor that the change is due to a personal event2 and 7ii7 unless the employee seeks leave without pay1 make a proposal regarding how the covered domestic employee will make the temporary change to the scheduled work hours of the employee 7such as by using the any earned paid time off of the covered domestic employee or by trading work hours74 7,b7 ,format of notification ,a notification under subparagraph 7,a77i7 need not be in writing4 7c7 ,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 ,an employer shall not-- 7#a7 monitor or record a domestic employee of the employer while such domestic employee is-- 7,a7 using restroom or bathing facilities2 7,b7 in the private living quarters of the employee2 or 7,c7 engaging in any activities associated with the dressing1 undressing1 or changing of clothes of the employee2 7#b7 subject to subsection 7b71 restrict or interfere with1 or monitor1 the private communications of such domestic employee2 or 7#c7 take possession of any documents or other personal effects of such domestic employee4 7b7 ,private communications ,an employer may-- 7#a7 restrict1 interfere with1 or monitor the private communications of a domestic employee of the employer if the employer has a reasonable belief that such communications significantly interfere with the domestic employee's performance of expected duties2 and 7#b7 establish reasonable restrictions on the private communications of the domestic employee while such employee is performing domestic services for the employer4 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 telephone1 with an entity or individual other than the employer4 #aae4 ,breaks for meals and rest 7a7 ,meal breaks 7#a7 ,in general ,except as provided in subsection 7c71 an employer shall not require a domestic employee to work more than #e hours for such employer without an uninterrupted meal break of not less than #cj minutes4 ,the number of hours worked by a domestic employee for purposes of this paragraph shall be calculated without regard to any rest break the employee takes and to which the employee has a right under subsection 7b74 7#b7 ,rate of pay ,an employer shall pay a domestic employee for a meal break under paragraph 7#a7 at the regular rate of pay of the domestic employee unless the domestic employee is relieved of all duty for not less than #cj minutes during the meal break and 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#a71 an employer shall-- 7,a7 provide a reasonable opportunity for a domestic employee of the employer to take such break for a period of uninterrupted time that is not less than #cj minutes2 and 7,b7 not impede or discourage such a domestic employee 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 employee is scheduled to perform for the employer1 the employer shall allow the employee a rest break of not less than #aj uninterrupted minutes in which the domestic employee is relieved of all duties related to providing domestic services to the employer4 ,the employer shall allow such rest break to occur during the first #c hours of consecutive work performed by the employee for the employer4 7#b7 ,rate of pay ,an employer shall pay a domestic employee for all rest breaks under paragraph 7#a7 at the regular rate of pay of the employee4 ,the employer shall not impede or discourage a domestic employee from taking such breaks4 7c7 ,exceptions 7#a7 ,in general ,subject to paragraph 7#b77;,b71 a domestic employee 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 employee prevents the domestic employee from taking such break4 7#b7 ,on-duty breaks 7,a7 ,definition of on-duty ,in this subsection1 the term on-duty break1 with respect to a meal break under subsection 7a7 or a rest break under subsection 7b71 means a break in which the domestic employee-- 7i7 is not relieved of all duties of the employee for the employer2 and 7ii7 may1 to the extent possible given the duties of the domestic employee for the employer1 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 ,in a case described in paragraph 7#a71 the domestic employee may still take an on-duty meal or rest break under subsection 7a7 or 7b71 respectively1 if-- 7i7 the nature of the work prevents a domestic employee from being relieved of all duties required of the domestic employee for the employer2 and 7ii7 the domestic employee and the employer agree to such an on-duty meal or rest break in a written agreement1 which shall include a provision allowing the domestic employee to1 in writing1 revoke the agreement at any time4 7,c7 ,rate of pay ,an employer shall compensate a domestic employee for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the employee for the employer4 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 ,an employer may not make any deduction from the wage of1 or require any reimbursement from1 a domestic employee of the employer for-- 7#a7 any cash shortage of the employer2 or 7#b7 breakage or loss of the employer's equipment or other belongings4 7b7 ,communications ,an employer may not make any deduction from the wage of1 or otherwise penalize1 a domestic employee of the employer 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 employer4 7c7 ,violation ,any deduction or reimbursement in violation of subsection 7a7 or 7b7 shall be deemed an unpaid wage for purposes of enforcement under section #aah1 and the domestic employee 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 coerce1 or deny any other person 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 employee for-- 7,a7 exercising1 or attempting to exercise1 any right provided under this subtitle2 or 7,b7 engaging in concerted activities for the purpose of collective bargaining or other mutual aid or protection1 regardless of whether such activities are with domestic employees of different employers or domestic employees at different worksites2 and 7#b7 discriminating against any domestic employee 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 employer 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 employee with respect to compensation1 terms1 conditions1 or privileges of employment because the domestic employee 7or any person acting pursuant to the request of the domestic employee71 whether at the initiative of the domestic employee or in the ordinary course of the domestic employee's duties-- 7#a7 opposes any practice made unlawful under this subtitle2 7#b7 asserts any claim or right under this subtitle2 7#c7 assists a domestic employee in asserting such claim or right2 7#d7 informs any domestic employee about this subtitle2 7#e7 requests a change to the written agreement described in section #aaj2 7#f7 requests a change in scheduled work hours described in section #aab1 or any other schedule change1 without regard to the eligibility of such domestic employee to receive any such change2 7#g7 participates as a member of1 or takes an action described in paragraph 7#h7 with respect to1 the ,domestic ,employee ,standards ,board described in section #bja2 7#h7 7,a7 files an action1 or institutes or causes to be instituted any proceeding1 under or related to this subtitle2 7,b7 gives1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this subtitle2 or 7,c7 testifies1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this subtitle2 or 7#i7 engages in concerted activities for the purpose of collective bargaining or other mutual aid or protection1 regardless of whether such activities are with domestic employees of different employers or domestic employees at different worksites4 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 ,contacting or threatening to contact1 including by reporting to1 a ,federal1 ,state1 or local government agency regarding the citizenship or immigration status of a domestic employee or a family member of a domestic employee4 7#b7 ,requesting more or different documents than those required for employment authorization under section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 under the pretense of employment verification or refusing to honor documents presented for purposes of that section 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 7d7 ,presumption of retaliation 7#a7 ,in general ,for the purposes of subsections 7a7 and 7b71 proof that a person discharged an individual 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 employee means a domestic employee described in subsection 7e77#a77;,a72 and 7,b7 the term employer means an employer described in clause 7i7 or 7ii7 of subparagraph 7,a7 and subparagraph 7,b7 of subsection 7e77#b74 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 employers1 domestic employees1 and other individuals affected4 7,b7 ,obligation to keep and preserve records ,an employer 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 an employer 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 employees 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against an employer by one or more domestic employees1 or a representative for and on behalf of the domestic employees and any other domestic employees that may be similarly situated4 7,b7 ,liability ,an employer that violates this subtitle shall be liable to a domestic employee aggrieved by the violation1 except as provided in subparagraphs 7,c7 and 7,d71 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 employee as a direct result of the violation1 or any injury to another person sustained as a direct result of the violation1 by the employer2 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 an employer 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 employee's regular rate of compensation 7but not more than #b hours of such pay for each workday for which the employer is in violation of such section74 7,d7 ,written agreements ,in the case of a violation of section #aaj1 the employer 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 penalty1 through an administrative proceeding or by bringing an action in any court of competent jurisdiction1 against an employer that violates any section of this subtitle-- 7,i7 of not more than #ae1jjj for any first violation of any such section by such employer2 and 7,,ii7 of not more than #be1jjj for any subsequent violation of any such section by such employer4 7,b7 ,administrative review ,any aggrieved dislocated employee 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 employee 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 employee 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 employee aggrieved by the violation for which the action was brought4 ,any such sums not paid to a domestic employee 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 employee or the ,secretary-- 7,a7 to restrain violations of this subtitle1 including the withholding of a written agreement from a domestic employee 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 employee 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 employee 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 employee 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 employee described in subsection 7e77#a77;,d74 7e7 ,definition ,in section #aag and this section3 7#a7 ,domestic employee ,notwithstanding section #c1 the term domestic employee means-- 7,a7 a domestic employee 7as defined in such section7 who is employed by an employer described in clause 7i7 or 7ii7 of subparagraph 7,a7 and subparagraph 7,b7 of paragraph 7#b7 for the performance of domestic services2 7,b7 a domestic employee 7as defined in such section7 who is employed by an employer described in subparagraphs 7,a77iii7 and 7,b7 of paragraph 7#b7 for the performance of domestic services2 7,c7 a domestic employee 7as defined in such section7 who is employed by an employer described in subparagraphs 7,a77iv7 and 7,b7 of paragraph 7#b7 for the performance of domestic services2 and 7,d7 a domestic employee 7as defined in such section7 who is employed by an employer described in subparagraphs 7,a77v7 and 7,b7 of paragraph 7#b7 for the performance of domestic service4 7#b7 ,employer ,notwithstanding section #c1 the term employer means a person who is-- 7,a7 7i7 an employer1 as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc71 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 engaged in commerce or the production of goods for commerce or is an enterprise engaged in commerce or in the production of goods for commerce4 #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 an employer to comply with any contract1 collective bargaining agreement1 or employment benefit program or plan that provides greater rights or benefits to domestic employees than the rights established under this ,act4 7b7 ,other laws ,nothing in this subtitle shall-- 7#a7 affect the obligation of an employer to provide a reasonable accommodation in the form of a change to the work schedule of a domestic employee 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 employees to the requirements under this subtitle2 or 7#c7 diminish the rights1 privileges1 or remedies of any domestic employee 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 employee through any agreement1 policy1 or form1 or as a condition of employment4 ,c ,amendment to title ,,vii of the ,civil ,rights ,act of #aifd #aca4 ,including certain domestic employees 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 but and inserting and a person who employs a domestic employee 7as defined in section #c7;b7 of the ,domestic ,workers ,bill of ,rights ,act71 but4 ,,ii ,standards board and benefits #bja4 ,domestic ,employee ,standards ,board 7a7 ,establishment and purposes ,the ,secretary shall establish a board to be known as the ,domestic ,employee ,standards ,board 7referred to in this section as the ,board7 to investigate standards in the domestic service industry and issue recommendations to the ,secretary under subsection 7e77#a71 in order to promote the health1 safety1 and well-being of domestic employees4 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 employees2 7,b7 #e shall be individuals1 appointed by the ,secretary in accordance with paragraph 7#c71 representing employers of domestic employees2 and 7,c7 #a shall be an individual appointed by the ,secretary who is an expert on the domestic services sector and who is from academia1 the nonprofit sector1 or a ,federal1 ,state1 or local governmental agency4 7#b7 ,domestic employees seats 7,a7 ,in general ,the ,secretary shall appoint members of the ,board representing domestic employees from among individuals nominated under subparagraph 7,b7 by eligible employee organizations4 7,b7 ,selection of eligible employee organizations ,the ,secretary shall enter into agreements1 on a competitive basis1 with eligible employee organizations for such organizations to nominate individuals to serve as members of the ,board representing domestic employees4 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 employee organization ,in this paragraph1 the term eligible employee organization means an organization that-- 7i7 is not an employer of a domestic employee or an employment agency2 7ii7 represents members of the organization1 including domestic employees2 7iii7 7,i7 is described in paragraph 7#c71 7#d71 or 7#e7 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 employees1 including domestic employees2 7iv7 engages in public advocacy to promote the health and well-being of domestic employees2 7v7 has a governing structure that promotes the decisionmaking power of domestic employees2 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 ,employer seats 7,a7 ,in general ,the ,secretary shall appoint members of the ,board representing employers of domestic employees 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 employers of domestic employees4 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 not less than #a domestic employee 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 employees2 7,,iii7 not less than #a seat under this paragraph is filled by an individual who relies on a personal care aide or assistant 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 ,medicaid ,,hcbs-eligible elderly individual or an individual with a disability2 7bb7 is an informal provider of in-home care to such ,medicaid ,,hcbs-eligible elderly individual or individual with a disability2 and 7cc7 contracts with1 or hires1 #a or more domestic employees to provide additional care for the ,medicaid ,,hcbs-eligible elderly individual or individual with a disability2 7,v7 a single employer does not fill more than #a seat under this paragraph2 and 7,,vi7 any employer 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 employer 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 rendered against the employer for a violation of the labor laws listed in subclause 7,,ii72 and 7bb7 any steps taken by the employer to correct a violation of or improve compliance with the labor laws listed in subclause 7,,ii71 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 an employer under this clause to determine whether the employer has a satisfactory record of integrity and business ethics for purposes of determining whether the employer 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 employees2 or 7,,ii7 is an association of #b or more individuals who hire or contract with domestic employees2 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 #f of the initial members appointed to the ,board serve a term of #d years1 including #c of the members described in subsection 7b77#a77;,a7 and #c of the members described in subsection 7b77#a77;,b72 and 7,b7 #e of the initial members appointed to the ,board serve a term of #b years1 including #b of the members described in subsection 7b77#a77;,a71 #b of the members described in subsection 7b77#a77;,b71 and the member described in subsection 7b77#a77;,c74 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 made and shall be subject to any conditions that applied with respect to the original appointment4 7,b7 ,filling unexpired terms ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced4 7,c7 ,presumption ,if a member of the ,board is unable to fill the duties of the member in serving on the ,board or leaves the domestic service industry 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 employees1 including recommendations for-- 7i7 workplace standards or regulations for domestic employees1 including standards for-- 7,i7 occupational safety and health standards under the ,occupational ,safety and ,health ,act of #aigj1 that include the immediate protection of domestic employees from infectious diseases such as ,,covid-#ai2 7,,ii7 standards or regulations1 including those on-- 7aa7 wages2 7bb7 hours2 7cc7 benefits2 and 7dd7 other matters that impact working conditions2 7ii7 implementing and enforcing the rights of domestic employees granted under this ,act and other ,federal laws1 including rights for minimum wage1 health1 safety1 and other workplace standards2 and 7iii7 training and certification of domestic employees and methods to ensure that training and certification results in higher wages4 7,b7 ,voting 7i7 ,in general ,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 vote-- 7,i7 each voting member of the ,board shall have #a vote2 7,,ii7 a quorum of the members of the ,board shall be required to be in attendance at the vote2 and 7,,iii7 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 7ii7 ,quorum ,a quorum required under clause 7i77,,ii7 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 7#b7 ,rulemaking 7,a7 ,authority ,subject to requirements under other law1 subparagraph 7,b71 and paragraph 7#c71 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 ,protection from infectious diseases ,to carry out paragraph 7#a77;,a77i77,i71 the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health may promulgate rules regarding occupational safety and health standards under authority and procedures of the ,occupational ,safety and ,health ,act of #aigj that include the immediate protection of domestic employees from infectious diseases such as ,,covid-#ai4 7,c7 ,decision 7i7 ,in general ,not later than #ij days after receiving a recommendation from the ,board under paragraph 7#a71 the ,secretary shall provide a response 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,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 employees than any law in effect on the date of enactment of this ,act for domestic employees under any ,federal1 ,state1 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 employees 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 employees2 7ii7 include interpretation services in the languages most commonly spoken by domestic employees 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 eligible employee organizations 7as defined in subsection 7b77#b77;,d77 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 not 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 employee organization of #a or more individuals to serve as members of the ,board1 nor service on the ,board by a representative of an eligible employee organization1 shall-- 7,a7 make the eligible employee 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 employee organization is subject to such reporting requirements4 7#b7 ,,lmrda requirements ,the status of an organization as an eligible employee organization shall not1 by itself1 make the organization subject to any reporting requirements under the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dja et seq474 7#c7 ,definition of eligible employee organization ,for purposes of this subsection1 the term eligible employee organization has the meaning given such term in subsection 7b77#b77;,d74 7i7 ,rule of construction for ,state and local standards ,nothing in this section shall preempt a ,state or local law with greater protections for domestic employees than the protections for such employees included in a standard issued through a rule under subsection 7e77#b74 7j7 ,effect on existing domestic employee benefits 7#a7 ,more protective ,nothing in this section shall be construed to diminish the obligation of an employer to comply with any contract1 collective bargaining agreement1 or any domestic employee benefit program or plan that provides greater rights or benefits to domestic employees than the rights established under this ,act4 7#b7 ,less protective ,the rights established for domestic employees under this section shall not be diminished by any contract1 collective bargaining agreement1 or any benefit program or plan4 7k7 ,applicability of law ,section #ajac7;a77#b7 of title #e1 ,united ,states ,code1 shall not apply to the ,board4 #bjb4 ,domestic employees' 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 employers1 and the general public concerning how to increase the number of domestic employees 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-- 7,a7 a review of-- 7i7 the levels of access to and usage of benefits for domestic employees1 including retirement savings1 health insurance1 and reduced health care costs1 paid sick time1 unemployment insurance1 disability and life insurance1 and paid family and medical leave2 7ii7 barriers for domestic employees to-- 7,i7 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 7,,ii7 obtain disability insurance2 7,,iii7 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 7,,iv7 otherwise access affordable health insurance2 and 7,v7 access any other benefits described in clause 7i72 7iii7 the portability of work-related benefits for domestic employees and the laws1 including regulations1 preventing innovation1 and improvement in the portability of such benefits2 and 7iv7 whether domestic employees benefitted from the emergency family and medical leave and emergency paid sick leave provisions under the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg71 including the amendments made by that ,act1 and lessons learned from the implementation of such provisions2 7,b7 an identification and analysis of ,state and nongovernmental innovations that can serve as potential replicable models on the national level to increase access to work-related benefits for domestic employees1 through portability1 outreach1 enrollment1 and other strategies2 7,c7 a comparison of the ability of domestic employees to access1 be eligible for1 and participate in public and private sector work-related benefits compared to such ability of other employees2 7,d7 a study on the coverage of domestic employees under ,state employees' compensation laws1 including in all #ej ,states1 the ,district of ,columbia1 and territories of the ,united ,states2 and 7,e7 recommendations for innovations and reforms that would-- 7i7 ensure domestic employees 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 employers as applicable2 7ii7 provide adequate levels of such benefits for domestic employees2 and 7iii7 enable a domestic employee to have access to such benefits through multiple jobs the employee 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 ,considerations for laws1 including regulations1 that should be reviewed to address barriers impacting domestic employees4 7#c7 ,other information and recommendations with respect to benefits for domestic employees as the ,secretary considers appropriate4 ,,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 employees under this ,act1 and the amendments made by this ,act1 including 7as applicable7-- 7i7 coverage of live-in domestic employees1 as defined in section #h7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjh7;a771 under the overtime requirements of section #g of such ,act 7#bi ,u4,s4,c4 #bjg72 7ii7 the right of live-in domestic employees1 as so defined1 to certain notices and communications under section #h of such ,act 7#bi ,u4,s4,c4 #bjh72 7iii7 any minimum wage for domestic employees that may be established pursuant to a recommendation to ,congress under section #bja7;e77#c72 7iv7 the applicability of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7v7 the labor rights and privacy protections provided to domestic employees under subtitle ,b of title ,i1 including-- 7,i7 the right of certain domestic employees to a written agreement under section #aaj2 7,,ii7 the right of certain domestic employees to earned paid sick time provided under section #aaa2 7,,iii7 the fair scheduling practices required under section #aab with respect to certain domestic employees2 7,,iv7 the right of certain domestic employees 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 7vi7 the availability of the national domestic employee hotline supported under section #cjd1 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 #aihf1 and exempt from taxation under section #eja7;a7 of such ,code1 that-- 7i7 has a board of directors1 at least one-half of the members of which is comprised of-- 7,i7 domestic employees2 or 7,,ii7 representatives of organizations of such employees1 which organization is independent from all businesses1 organizations1 corporations1 or individuals that would pursue any financial interest in conflict with that of the employees2 7ii7 is independent1 as described in clause 7i77,,ii72 7iii7 has-- 7,i7 expertise in domestic service and the workforce of domestic employees2 and 7,,ii7 a track record of working with domestic employees2 and 7iv7 operates in a jurisdiction with a significant population of domestic employees2 or 7,b7 a partnership of organizations described in subparagraph 7,a74 7#c7 ,notice of domestic employee rights ,the term notice of domestic employee rights means the document created and made available by the ,secretary under section #cjb7;a74 #cjb4 ,notice of domestic employee rights 7a7 ,providing notice of rights to domestic employees 7#a7 ,notice of rights ,the ,secretary shall create1 and make available1 a notice of domestic employee 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 employees4 7#b7 ,availability and accessibility of notice ,the notice of domestic employee rights shall be-- 7,a7 a written document made available online1 including through the website described in subsection 7b72 and 7,b7 available in ,english1 ,spanish1 and other languages understood by domestic employees1 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 7b7 ,establishing a domestic employees 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 employees 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 representatives of the ,occupational ,safety and ,health ,administration1 and representatives of the ,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 ,medicaid ,services and representatives of 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 employees who come forward to enforce their workplace rights2 7,b7 identify challenges agencies enforcing these workplace rights have in reaching domestic employees and enforcing such rights1 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 employees1 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 employees1 including-- 7i7 how to reach1 and enforce the rights of1 domestic employees2 7ii7 ways for ,federal agencies to work together or conduct joint enforcement of workplace rights for domestic employees1 as domestic employees 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 employees4 7#b7 ,report ,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 employees4 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 such joint enforcement4 7#d7 ,audit of ,federal enforcement strategies ,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 employees2 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 #cje4 #cjd4 ,national ,domestic ,employee ,hotline ,the ,secretary shall award a grant1 on a competitive basis1 to an eligible entity for a national hotline that domestic employees may call to seek assistance on any domestic employee-related issue4 #cje4 ,national grant for community-based education1 outreach1 and enforcement of domestic employee 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 employees under relevant ,federal1 ,state1 and local laws2 7,b7 educate domestic employees of their rights under the domestic workers bill of rights and other workplace rights under ,federal1 ,state1 and local laws2 7,c7 educate employers 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 employees 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 employees and employers of such employees 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 the 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 employees about the rights and protections provided under the domestic workers bill of rights4 7#b7 ,conducting educational training for employers 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 employees4 7#e7 ,providing assistance to domestic employees in filing claims relating to violations of the domestic workers bill of rights1 either administratively or in court4 7#f7 ,monitoring compliance by employers 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 #cjf4 ,encouraging the use of fiscal intermediaries ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a rule to facilitate the use of fiscal intermediaries that enable payments between domestic employees and employers of such employees1 to improve transparency1 enforcement1 and working conditions of domestic employees4 #cjg4 ,application to domestic employees who provide ,medicaid-funded services 7a7 ,regulations ,to apply domestic employee 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 regulations regarding the application of the protections and rights afforded to domestic employees including personal care aides or assistants 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 seq471 or under a waiver of such plan1 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 subsection shall recognize the role of self-directed care for individuals with disabilities and shall-- 7#a7 protect1 stabilize1 and expand the domestic employee and personal care aide or assistant 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 employees 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 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#aiii7 and companion cases2 and 7#e7 prohibit ,states from reducing the level at which ,states make medical assistance for the services described in subsection 7b7 available 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 as a result of the application of protections and rights afforded to domestic employees who provide such services4 7b7 ,services described ,the services described in this subsection are the following3 7#a7 ,home health care services authorized under paragraph 7#g7 of section #aije7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a774 7#b7 ,personal care services authorized under paragraph 7#bd7 of such section4 7#c7 ,,pace services authorized under paragraph 7#bf7 of such section4 7#d7 ,home and community-based services authorized under subsections 7b71 7c71 7i71 7j71 and 7k7 of section #aiae of such ,act 7#db ,u4,s4,c4 #acifn71 such services authorized under a waiver under section #aaae of such ,act 7#db ,u4,s4,c4 #acae71 and such services provided through coverage authorized under section #aicg of such ,act 7#db ,u4,s4,c4 #acifu-#g74 7#e7 ,case management services authorized under section #aije7;a77#ai7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7a77#ai77 and section #aiae7;g7 of such ,act 7#db ,u4,s4,c4 #acifn7g774 7#f7 ,rehabilitative services1 including those related to behavioral health described in section #aije7;a77#ac7 of such ,act 7#db ,u4,s4,c4 #acif;d7a77#ac774 7#g7 ,such other services specified by the ,secretary of ,health and ,human ,services4 #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 agency1 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 agency1 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 employees providing services funded under ,medicaid ,no action may be brought under section #aah7;a77#c7 against an employer of a domestic employee 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 employees ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7b71 by striking and 7ii7 and inserting 7ii71 and 7kk72 and 7#b7 by adding at the end the following new subsection3 7kk7 ,increased ,,fmap for medical assistance for certain services provided by domestic employees 7#a7 ,in general ,notwithstanding subsection 7b7 and subsection 7y71 with respect to amounts expended by a ,state for medical assistance described in paragraph 7#c7 that is provided by a domestic employee 7as such term is defined in section #c of the ,domestic ,workers ,bill of ,rights ,act7 during a fiscal quarter that occurs in the #bj-quarter period beginning with the first fiscal quarter that begins on or after the date of enactment of this subsection1 the ,federal medical assistance percentage otherwise determined under subsection 7b7 and subsection 7y7 for the ,state and quarter shall1 after the application of any other increase to the ,federal medical assistance percentage for the ,state and quarter applicable under any other provision of law1 be increased 7not to exceed #ajj percent7 by the applicable number of percentage points determined for the ,state under paragraph 7#b74 7#b7 ,applicable number of percentage points 7,a7 ,in general ,for purposes of paragraph 7#a71 the ,secretary shall determine the applicable number of percentage points for each ,state4 7,b7 ,considerations ,in determining the applicable number of percentage points for a ,state under this subsection1 the ,secretary shall-- 7i7 estimate the increase in costs to the ,state of furnishing medical assistance described in paragraph 7#c7 that is provided by a domestic employee 7as such term is defined in section #c of the ,domestic ,workers ,bill of ,rights ,act7 that is attributable to the requirements of such ,act and the amendments made by such ,act with respect to labor protections and benefits for domestic employees2 and 7ii7 determine the appropriate number of percentage points by which to increase the ,federal medical assistance percentage otherwise determined for the ,state under subsection 7b7 or 7y7 to ensure that such increase in costs does not result in the ,state reducing the level of medical assistance described in paragraph 7#c7 that is provided by domestic employees under the ,state plan 7or a waiver of such plan74 7#c7 ,medical assistance described ,the medical assistance described in this paragraph is the following3 7,a7 ,home health care services authorized under paragraph 7#g7 of subsection 7a74 7,b7 ,personal care services authorized under paragraph 7#bd7 of such subsection4 7,c7 ,,pace services authorized under paragraph 7#bf7 of such subsection4 7,d7 ,home and community-based services authorized under subsections 7b71 7c71 7i71 7j71 and 7k7 of section #aiae1 such services authorized under a waiver under section #aaae1 and such services provided through coverage authorized under section #aicg4 7,e7 ,case management services authorized under subsection 7a77#ai7 and section #aiae7;g74 7,f7 ,rehabilitative services1 including those related to behavioral health1 described in subsection 7a77#ac74 7,g7 ,such other services specified by the ,secretary4 7#d7 ,maintenance of effort requirement ,a ,state may not receive the increase described in paragraph 7#a7 with respect to a quarter if the eligibility standards1 methodologies1 or procedures applicable to the provision of medical assistance described in paragraph 7#c7 under the ,state plan 7or waiver of such plan7 are more restrictive during such quarter than the eligibility standards1 methodologies1 or procedures1 respectively1 applicable to the provision of such assistance under such plan 7or waiver7 as in effect on the date of enactment of this subsection4 7#e7 ,disregard from territorial payment caps ,any payment made to ,puerto ,rico1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 or ,american ,samoa that is subject to the ,federal medical assistance percentage increase specified under paragraph 7#a7 shall not be taken into account for purposes of applying payment limits under subsections 7f7 and 7g7 of section #aajh4 4 #djb4 ,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 ,v ,severability #eja4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to other persons or circumstances1 shall not be affected4