II 110th CONGRESS 1st Session S. 2061 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.

1.

Short title

This Act may be cited as the Fair Home Health Care Act of 2007.

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. .