Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act 2015-10-29 Introduced in Senate 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.

]]> 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 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.