The bill tightens the 'casual' babysitting exception to extend wage and overtime protections and clarify when household child care is covered—preserving limited incidental-task flexibility—while likely raising costs for families and leaving some exclusions and uncertainty until the Department of Labor defines 'casual.'
Intermittent domestic workers and babysitters: will more likely qualify for Fair Labor Standards Act protections (minimum wage and overtime) because the bill narrows the 'casual' babysitting exception.
Parents and employers: get clearer legal boundaries for when household child-care is covered by labor law, reducing ambiguity about when FLSA obligations apply.
Families hiring sitters: can have babysitters perform incidental household tasks up to 20% of babysitting hours, preserving flexibility for mixed child-care/household arrangements.
Parents and families who regularly hire babysitters: may face higher costs if sitters become entitled to minimum wage and overtime protections.
Gig workers and families: uncertainty remains because the Secretary must define 'casual basis,' so obligations and protections won't be fully clear until the Department of Labor issues guidance or regulations.
Some in-home caregivers (e.g., home health aides, trained medical caregivers): remain excluded, which can create pay and overtime disparities between similar in-home caregivers.
Based on analysis of 4 sections of legislative text.
Narrows domestic-worker exemptions under the FLSA and defines ‘babysitting services’ and ‘casual basis,’ excluding home care workers from the babysitting exception and capping incidental household work at 20%.
Amends the Fair Labor Standards Act to narrow certain domestic-worker exemptions and to add clear legal definitions for babysitting services and the term “casual basis.” The changes exclude home care workers (including home health aides and personal care aides) and trained medical personnel from the babysitting exception and limit incidental household tasks performed while babysitting to no more than 20% of total babysitting hours. The bill also directs the Secretary of Labor to define and delimit what counts as “casual basis” babysitting (irregular or intermittent employment not performed by someone whose vocation is babysitting), which clarifies when FLSA minimum-wage and overtime protections apply to in-home care and babysitting work.
Introduced March 12, 2026 by Patty Murray · Last progress March 12, 2026