H.R. 7917

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7917 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7917

To amend the Fair Labor Standards Act of 1938 to ensure that certain 
caregiving employees are no longer exempted from overtime and minimum 
wage protections.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 12, 2026

Ms. Ocasio-Cortez (for herself, Ms. Tlaib, Mrs. Watson Coleman, Mr. 
Cleaver, Ms. Wilson of Florida, Mr. Bell, Mr. Krishnamoorthi, Ms. 
Norton, Mrs. McIver, Ms. Hoyle of Oregon, Ms. Simon, Ms. Schakowsky, 
Mr. Torres of New York, Ms. Lee of Pennsylvania, Mr. Carson, Mr. 
Moulton, Ms. Pettersen, Ms. Jayapal, Ms. Budzinski, Ms. Johnson of 
Texas, Ms. Bonamici, Mrs. Dingell, Ms. Pingree, Ms. McBride, Mr. 
Kennedy of New York, Mr. Evans of Pennsylvania, Ms. Lois Frankel of 
Florida, Mr. Goldman of New York, Mr. Thanedar, Ms. DelBene, Ms. 
Dexter, Mr. Swalwell, Ms. Salinas, Ms. Chu, Ms. Balint, Mr. Latimer, 
Ms. Omar, Mr. Lieu, Mr. Mannion, Mr. Lynch, Ms. Barragan, Ms. 
Strickland, Mr. McGovern, Mr. Tonko, Mr. Pocan, Mr. Norcross, Mr. 
Nadler, Ms. McClellan, Ms. Pressley, Ms. Adams, Mrs. Grijalva, Ms. 
Ansari, Mr. Khanna, Mr. Gomez, Mrs. McBath, Mr. Frost, Mr. Davis of 
Illinois, Mr. Garcia of Illinois, and Mr. Takano) introduced the 
following bill; which was referred to the Committee on Education and 
Workforce

_______________________________________________________________________

A BILL

To amend the Fair Labor Standards Act of 1938 to ensure that certain 
caregiving employees are no longer exempted from overtime and minimum 
wage protections.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fair Wages for Home Care Workers 
Act''.

SEC. 2. MINIMUM WAGE AND OVERTIME FOR CERTAIN CAREGIVERS.

(a) Exemption Amendments.--Section 13 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(15), by striking ``casual basis in 
domestic service employment'' and all that follows through ``of 
the Secretary)'' and inserting the following: ``casual basis to 
provide babysitting services''; and
(2) by repealing subsection (b)(21).
(b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended by adding at the end the following:
``(z) `Babysitting services'--
``(1) means the custodial care and protection of infants or 
children in or about a private home in which the infants or 
children reside; and
``(2) does not include services relating to the care and 
protection of infants or children which are performed by 
trained personnel, such as registered, vocational, or practical 
nurses, and home care workers, including home health aides and 
personal care aides.
``(aa) `Casual basis', with respect to the provision of babysitting 
services--
``(1) means employment which is irregular or intermittent 
(as defined and delimited by the Secretary), and which is not 
performed by an individual whose vocation is babysitting; and
``(2) may include the performance of household work not 
related to the provision of babysitting services, so long as 
the time performing such work does not exceed 20 percent of the 
total hours worked while providing babysitting services.''.
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