Domestic Workers Bill of Rights Act
Sponsored By: Senator Kirsten Gillibrand
Introduced
Summary
Creates national labor standards for domestic workers. This bill would extend overtime and core workplace rights to live-in and other domestic employees, require written agreements and predictable schedules, and push federal health programs to apply these protections when services are paid by Medicaid.
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- Domestic workers: Would make live-in domestic employees eligible for overtime and require signed written agreements that list pay, schedule, lodging rules, grievance steps, and bar forced arbitration or gag clauses. Employers must provide initial agreements within 5 days of hire or by the day before first work and keep them 3 years.
- Employers: Would require a written termination notice within 48 hours and either lodging or severance equal to two weeks' average pay. It would also limit monitoring in private spaces, require meal and rest breaks, and create civil damages and administrative penalties for violations.
- Medicaid and supports: Would require HHS and Labor to write rules to apply these rights when care is funded by Medicaid and provide a temporary FMAP increase for 20 quarters. The bill would also create an 11-member Domestic Employee Standards Board, a national hotline grant, community grants, and an interagency enforcement task force.
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 7 benefits, 0 costs, 1 mixed.
Medicaid-funded home care rules and funding
If enacted, the Departments of Labor and HHS would write rules within one year to apply domestic worker protections to services paid by Medicaid, including self-directed care. States could not force people to use their direct-service budget to pay for these protections in most cases. The bill pauses private lawsuits and delays enforcement for Medicaid-paid employers and government agencies for two years (with a possible one-year extension). For twenty fiscal quarters after enactment, the federal share (FMAP) for state payments to domestic workers would increase by points set by the Secretary (not above a 100% cap).
Core workplace rights and enforcement
If enacted, the bill would list many worker protections for domestic employees, including privacy and limits on wage deductions, anti-retaliation rules, and coverage of live-in workers for some rights. The Department of Labor would get investigation and subpoena powers, recordkeeping rules, and could assess penalties and recover pay for workers. Employees could bring private lawsuits for unpaid wages and other losses.
Paid sick time for domestic workers
If enacted, employers would give you at least 1 hour of paid sick time for every 30 hours you work. You could accrue up to 56 hours per calendar year unless your employer gives more. Accrual would start at hire, but you generally could not use the time before day 60 unless your employer allows it. Unused sick time would carry over year to year. If you are rehired within 12 months, your old sick time would be reinstated.
Rules for live-in workers and severance
If enacted, live-in domestic workers would no longer be exempt from overtime protections. Employers requiring live-in status would have to provide reasonable phone and internet access. If a live-in worker is terminated, the employer must give written notice within 48 hours and either 30 days of lodging or severance equal to two weeks' average earnings over the prior 6 months. If the employer breaks these rules, the worker could recover severance plus liquidated damages.
Schedule notice, cancellations, and breaks
If enacted, employers would have to give at least 72 hours' written notice of schedule changes or an agreed estimate of hours. If your employer cancels less than 72 hours before a shift, you would normally be paid half your regular rate for the lost hours. If your employer cancels after you arrive, you would be paid your regular rate for hours you do not work. Employers could not make you work more than 5 hours without a 30-minute meal break, and you would get a paid 10-minute rest break for every 4 hours of scheduled work.
Written job agreements and notice
If enacted, most domestic employees expected to be paid at least 8 hours a week would get a signed, plain-language written job agreement. New hires would get it within 5 days or before first work. Employers would update the agreement within 30 days of changes and keep records for 3 years. The Department of Labor would publish model templates and a plain-language notice online in multiple languages within months.
Federal employer grievance rules
If enacted, certain domestic employees who work in covered federal settings would use special grievance procedures that apply to Congress, the President, and federal agencies. This would change how those employees file and resolve workplace claims.
Hotline, grants, and coordination supports
If enacted, the Department of Labor would fund a national hotline and give competitive grants to community groups to help domestic employees with rights, claims, and mediation. The bill would create a Domestic Employee Standards Board and an interagency Task Force to coordinate federal outreach and enforcement. The Department would also write rules to allow fiscal intermediaries and can seek money Congress authorizes to run these programs.
Sponsors & CoSponsors
Sponsor
Kirsten Gillibrand
NY • D
Cosponsors
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 12/9/2025
Richard Blumenthal
CT • D
Sponsored 12/9/2025
John Fetterman
PA • D
Sponsored 12/9/2025
Timothy Kaine
VA • D
Sponsored 12/9/2025
Bernie Sanders
VT • I
Sponsored 12/9/2025
Tammy Duckworth
IL • D
Sponsored 12/9/2025
Elizabeth Warren
MA • D
Sponsored 12/9/2025
Jeff Merkley
OR • D
Sponsored 12/9/2025
Richard Durbin
IL • D
Sponsored 12/9/2025
Edward Markey
MA • D
Sponsored 12/9/2025
Amy Klobuchar
MN • D
Sponsored 12/9/2025
Adam Schiff
CA • D
Sponsored 12/9/2025
Tammy Baldwin
WI • D
Sponsored 12/9/2025
Alex Padilla
CA • D
Sponsored 12/9/2025
Cory Booker
NJ • D
Sponsored 12/9/2025
Patty Murray
WA • D
Sponsored 12/9/2025
Roll Call Votes
No roll call votes available for this bill.
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