[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2061 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2061

 To amend the Fair Labor Standards Act of 1938 to exempt certain home 
            health workers from the provisions of such Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2007

   Mr. Harkin (for himself, Mr. Kennedy, Mrs. Murray, Mr. Dodd, Mrs. 
  Clinton, Mr. Obama, Mrs. Boxer, Mr. Schumer, Ms. Cantwell, and Mr. 
Casey) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to exempt certain home 
            health workers from the provisions of such Act.

    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 Home Health Care Act of 2007''.

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.

    (a) Home Health Workers.--Section 213(a)(15) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amended to read as 
follows:
            ``(15) any employee employed on a casual basis in domestic 
        service employment to provide babysitting services or any 
        employee employed on a casual basis in domestic service 
        employment to provide companionship services for individuals 
        who (because of age or infirmity) are unable to care for 
        themselves (as such terms are defined and delimited by 
        regulations of the Secretary);''.
    (b) Definition.--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) `Casual basis' means employment which is irregular or 
intermittent, and which is not performed by an individual whose 
vocation is the provision of babysitting or companionship services or 
an individual employed by an employer or agency other than the family 
or household using their services. Employment is not on a casual basis, 
whether performed for one or more family or household employers, if 
such employment for all such employers exceeds 20 hours per week in the 
aggregate.''.
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