Domestic Workers Bill of Rights Act
Sponsored By: Representative Jayapal
Introduced
Summary
Extending workplace rights to domestic workers. The bill would set enforceable labor standards for household workers, add overtime and live‑in protections, require written agreements, create a Domestic Employee Standards Board, and push Medicaid rules to cover home care workers.
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Bill Overview
Analyzed Economic Effects
14 provisions identified: 9 benefits, 1 costs, 4 mixed.
Overtime and housing rules for live-in workers
If enacted, live‑in domestic employees would gain overtime protections. When fired, the employer would have to give written notice within 48 hours and either 30 days of lodging or severance equal to two weeks of the worker’s average pay from the last six months. If severance or off‑site lodging is chosen, the worker would get at least 48 hours to move out. Employers would have to allow reasonable access to phone and internet and could face up to $2,000 per violation for blocking communications. If the termination rules are violated, the worker could also recover liquidated damages equal to the severance amount.
Higher federal Medicaid share for home care
If enacted, the federal share of Medicaid would rise for services delivered by domestic employees. The increase would last for 20 quarters, starting with the first fiscal quarter on or after enactment. The Secretary would set each State’s percentage increase, up to a 100% federal share after other boosts, based on expected cost increases from the bill’s protections. States would lose this boost in any quarter they make eligibility or methods more restrictive than at enactment. Territorial payment caps would not count these boosted amounts.
Domestic workers covered by federal discrimination law
If enacted, people who employ domestic workers would count as employers under federal anti‑discrimination law (Title VII). This would let domestic employees bring discrimination claims like other workers.
Earned paid sick time for domestic workers
If enacted, domestic employees (not in shared living arrangements) would earn at least 1 hour of paid sick time for every 30 hours worked, up to 56 hours per year unless the employer offers more. Accrual would start at hire, and use would generally start on day 60 of employment. Sick time could be used for your own care, to care for family, or for needs related to domestic violence, sexual assault, or stalking. Health information would be kept confidential. These requirements would start 2 years after enactment.
Stronger enforcement and anti-retaliation rules
If enacted, employers could not fire, cut hours, or punish you for using your rights, helping others, or seeking changes to your agreement or schedule. Immigration‑related threats would be unlawful unless done at the Federal Government’s specific direction, and actions taken within 90 days of a claim would be presumed retaliatory. Workers could sue for unpaid wages, benefits, interest, liquidated damages, and fees. Civil fines could reach $15,000 for a first violation and $25,000 for later ones; written‑agreement violations could cost $5,000; meal/rest break violations could add one hour of pay per violation (up to two per day). Employers would have recordkeeping duties, and deadlines would be 2 years (3 for willful cases).
Written contracts and protected take-home pay
If enacted, covered domestic employees would get a signed written agreement within 5 days of hire or by the day before first work. It would state duties, contact info, pay and overtime rates, schedule or a good‑faith estimate, paydays, and how to raise concerns, and it would ban pre‑dispute arbitration, noncompetes, and similar limits. Updates would be due within 30 days of changes, and records must be kept for 3 years after employment ends. Employers could not deduct pay for cash shortages, breakage, or lost items, or penalize you for contacting a client directly. The Labor Department would post model templates within 6 months; existing workers would receive agreements within 180 days of enactment.
Two-year pause on enforcement for governments
If enacted, enforcement of these rights would be delayed for 2 years for government agencies and entities working under government grants or contracts, with a possible 1‑year extension by the Secretary. Workers also could not bring civil suits under this Act against Medicaid‑paid employers until two years after enactment.
Worker protections in Medicaid home care
If enacted, Labor and HHS would issue joint rules within 1 year on how these worker rights apply to Medicaid‑funded services. The rules would protect self‑directed care and stop States from making care recipients use their budgets to pay employer‑mandated costs, unless directly tied to the services. States could not cut service levels because of these protections, and the rules would support ADA and Olmstead compliance.
Stronger scheduling protections and pay for cancellations
If enacted, employers would have to give written notice of schedule changes at least 72 hours before a shift. If a shift is canceled after you arrive, you would get paid your regular rate for the scheduled hours not worked; if canceled with less than 72 hours’ notice, you would get half your regular rate for those hours. There are exceptions for emergencies and shared living arrangements. In addition, each year you could request two one‑day schedule changes (or one two‑day change) for personal events. The cancellation pay rules would start 2 years after enactment; the annual right to request short changes would start upon enactment.
Who counts as a domestic employee
If enacted, the bill would define who is a domestic employee and what work is covered. It lists many covered jobs (like companions, nannies, home health aides, and chauffeurs) and lists exclusions (like some in‑home child care by relatives or friends and certain workers under existing law). It defines shared living arrangements and who counts as an elderly Medicaid home‑care recipient. These definitions would set who gets the new rights.
New board and task force on standards
If enacted, an 11‑member Domestic Employee Standards Board would set recommendations within 1 year and every 3 years after; the Secretary would respond within 90 days and could issue rules. Employer members would have to disclose recent labor‑law violations; OSHA could issue infectious disease protections. An interagency task force would meet within 90 days, hold regional hearings, give recommendations starting within 180 days, report to Congress within 1 year, support joint enforcement for up to 3 years, and audit enforcement every 3 years. The bill would authorize funding as needed and give the Secretary rulemaking authority to carry out the Act.
Guaranteed meal and rest breaks at work
If enacted, you would get a 30‑minute uninterrupted meal break when you would otherwise work more than 5 hours. It would be unpaid only if you are fully relieved and allowed to leave; otherwise it must be paid. You would also get a paid 10‑minute rest break for every 4 hours, during the first 3 hours of work. On‑duty breaks would be allowed only for safety needs, must be in a revocable written agreement, and must be paid. Shared living arrangements would be excluded.
Help line, rights notice, and pay tools
If enacted, the Labor Department would post a plain‑language rights notice online in English, Spanish, and other languages, and create a single web page within 180 days. The Department could fund a national hotline to help domestic workers. Within 1 year, it would also write rules to help payment intermediaries improve clarity and records for pay.
Stronger privacy for in-home workers
If enacted, employers could not watch or record you in bathrooms, private living space, or while you change clothes. They could not take your documents or personal items. Employers could limit calls or messages only when they reasonably believe they clearly interfere with your duties, and may set reasonable limits during work.
Sponsors & CoSponsors
Sponsor
Jayapal
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Cosponsors
Beatty
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Roll Call Votes
No roll call votes available for this bill.
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