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Sets clear definitions for “companionship services,” “domestic service,” and “third‑party employment” in the Fair Labor Standards Act. Keeps the long‑standing exemptions for companionship services and for live‑in domestic service workers, limiting when federal minimum wage and/or overtime rules apply. It also clarifies how these exemptions operate when a worker is hired through a third‑party agency, aiming to lock existing standards into statute and provide legal certainty for families, agencies, and workers in the in‑home care and domestic service sector.
Adds a new subsection (z) to Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) containing new definitions used elsewhere in section 13.
Defines “companionship services” (subsection (z)(1)(A)) as services that provide fellowship, care, and protection for individuals who, because of advanced age or physical or mental infirmity, are unable to care for themselves. It explicitly includes non‑medical in‑home personal care (such as assistance with activities of daily living and instrumental activities of daily living) and household work related to care of the aged or infirm (examples listed: meal preparation, bed making, washing of clothes, errands, assistance to appointments, laundry, medication reminders, bathing, assistance with incontinence and grooming, and other similar services). The definition allows general household work only if it does not exceed 20 percent of the employee’s total weekly hours.
Excludes from “companionship services” (subsection (z)(1)(B)) services that relate to care and protection of the aged or infirm that require and are performed by trained medical personnel, with examples such as a registered or practical nurse.
Defines “domestic service” (subsection (z)(2)) as services of a household nature performed by an employee in or about a private home (permanent or temporary). It lists included employee types and roles (cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, certified nursing assistants, home care aides, home health aides, personal care aides, chauffeurs of automobiles for family use, and babysitters employed on other than a casual basis).
Defines “third‑party employment” (subsection (z)(3)) as employment of any employee who is engaged in providing companionship services or live‑in domestic services and who is employed by an employer other than the family or household using the services, whether or not the employee provides services to more than one family or household in the same workweek.
Most affected:
Other considerations:
Amends paragraph (21) of section 13(b) of the Fair Labor Standards Act (29 U.S.C. 213(b)(21)) by inserting additional text after an indicated location (specific inserted text not provided in this section).
Amends paragraph (15) of section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)). The amendment text in the section reads: 'is amended— (1) by inserting after ; and (2) by striking .', indicating specified insertions and deletions to paragraph (15).
Adds a new subsection (z) to 29 U.S.C. 203 creating statutory definitions for 'companionship services', 'domestic service', and 'third-party employment', including a 20 percent cap on general household work within companionship services and an exclusion for services requiring trained medical personnel.
Referred to the House Committee on Education and Workforce.
Introduced March 24, 2025 by Mary E. Miller · Last progress March 24, 2025
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Referred to the House Committee on Education and Workforce.
Introduced in House