3.0.0 3860 2023-01-11T13:29:36Z 2023-01-11T13:29:36Z House HR 2015-10-29 114 [Congressional Record Volume 161, Number 160 (Thursday, October 29, 2015)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. WALBERG:H.R. 3860.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, Clause 3 of the Constitution of theUnited States; the power to regulate Commerce with foreignNations, and among the several states, and with the IndianTribes.To preserve the companionship services exemption forminimum wage and overtime pay, and the live in domesticservices exemption for overtime pay, under the Fair LaborStandards Act of 1938.[Page H7347]]]> hsed00 Education and the Workforce Committee House Standing hsed10 Workforce Protections Subcommittee Referred to 2016-03-23T21:21:53Z Referred to 2015-10-29T13:02:25Z Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act 114 2221 S 2015-10-29 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. Identical bill CRS 2016-03-23 hsed10 Workforce Protections Subcommittee 1 House committee actions Referred to the Subcommittee on Workforce Protections. Committee 2015-10-29 Referred to the House Committee on Education and the Workforce. IntroReferral H11100 2 House floor actions hsed00 Education and the Workforce Committee 2015-10-29 Introduced in House IntroReferral Intro-H 9 Library of Congress 2015-10-29 Introduced in House IntroReferral 1000 9 Library of Congress W000798 Rep. Walberg, Tim [R-MI-7] Tim Walberg R MI 7 N R000592 Rep. Rokita, Todd [R-IN-4] Todd Rokita R IN 4 2015-10-29 True S001172 Rep. Smith, Adrian [R-NE-3] Adrian Smith R NE 3 2015-10-29 True R000582 Rep. Roe, David P. [R-TN-1] David Roe R TN P. 1 2015-10-29 True B001274 Rep. Brooks, Mo [R-AL-5] Mo Brooks R AL 5 2015-10-29 True J000290 Rep. Jenkins, Lynn [R-KS-2] Lynn Jenkins R KS 2 2015-10-29 True B001275 Rep. Bucshon, Larry [R-IN-8] Larry Bucshon R IN 8 2015-10-29 True B001269 Rep. Barletta, Lou [R-PA-11] Lou Barletta R PA 11 2015-11-17 False W000804 Rep. Wittman, Robert J. [R-VA-1] Robert Wittman R VA J. 1 2015-11-19 False C001087 Rep. Crawford, Eric A. "Rick" [R-AR-1] Eric Crawford R AR A. "Rick" 1 2016-01-06 False G000577 Rep. Graves, Garret [R-LA-6] Garret Graves R LA 6 2016-01-12 False P000599 Rep. Posey, Bill [R-FL-8] Bill Posey R FL 8 2016-03-03 False A000372 Rep. Allen, Rick W. [R-GA-12] Rick Allen R GA W. 12 2016-04-18 False R000589 Rep. Rigell, E. Scott [R-VA-2] E. Rigell R VA Scott 2 2016-04-27 False Labor and Employment Adult day care Aging Disability and paralysis Labor standards Wages and earnings Labor and Employment 00 2015-10-29 Introduced in House 2015-11-16T17:45:19Z Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act

This bill amends the Fair Labor Standards Act of 1938 with respect to the exemption from minimum wage and maximum hour requirements of domestic service employment to provide companionship services for individuals who because of age or infirmity are unable to care for themselves. Definitions of "companionship services" and "domestic service employment" are detailed. Excluded from companionship services are any relating to the care and protection of the aged or infirm which require and are performed by trained medical personnel.

The exemption shall now extend to third-party employment of an employee to provide companionship services to such individuals, including non-medical in-home personal care or household work related to their care. "Third-party employment" means employees who provide companionship or live-in domestic services while employed by an employer or agency other than the family or household using their services, whether or not such an employee provides services to more than one household or family in the same workweek when providing such services.

Exempted also from the Act's maximum hour requirements are third-party employment in domestic service of an employee who resides in the household in which the services are provided.

]]> Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act Display Title Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act Official Title as Introduced To preserve the companionship services exemption for minimum wage and overtime pay, and the live-in domestic services exemption for overtime pay, under the Fair Labor Standards Act of 1938. Introduced in House IH Short Titles as Introduced Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act Introduced in House 2015-10-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr3860ih/xml/BILLS-114hr3860ih.xml 2016-03-23 Referred to the Subcommittee on Workforce Protections. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.