[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5969 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5969

 To preserve the companionship services exemption for minimum wage and 
        overtime pay under the Fair Labor Standards Act of 1938.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2012

  Mr. Walberg (for himself, Mr. Terry, Mr. Goodlatte, Mr. Rokita, Mr. 
   Gowdy, and Mrs. Schmidt) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To preserve the companionship services exemption for minimum wage and 
        overtime pay under the Fair Labor Standards Act of 1938.

    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 ``Ensuring Access to Affordable and 
Quality Companion Care Act''.

SEC. 2. 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)(1) Except as provided in paragraph (2), `companionship 
services' as used in section 13(a)(15), means those services which 
provide fellowship, care, and protection for individuals who, because 
of advanced age or physical or mental infirmity, are unable to care for 
themselves, including but not limited to, non-medical in-home personal 
care or household work related to the care of the aged or infirm 
individuals (such as meal preparation, bed making, washing of clothes, 
errands, assistance to appointments, laundry, medication reminders, 
bathing, assistance with incontinence and grooming, and other similar 
services). Such term may also include the performance of general 
household work, provided that such work is incidental.
    ``(2) `Companionship services' shall not include services relating 
to the care and protection of the aged or infirm which require and are 
performed by trained medical personnel, such as a registered or 
practical nurse.
    ``(aa) `Domestic service employment' as used in section 13(a)(15), 
means services of a household nature performed by an employee in or 
about a private home (permanent or temporary), including but not 
limited to, employees such as cooks, waiters, butlers, valets, maids, 
housekeepers, nannies, nurses, janitors, laundresses, caretakers, 
handymen, gardeners, home care aides, home health aides, personal care 
aides, chauffeurs of automobiles for family use, and babysitters 
employed on other than a casual basis.
    ``(bb) `Third-party employment' as used in section 13(a)(15), means 
employees who are engaged in providing companionship services and who 
are employed by an employer or agency other than the family or 
household using their services, whether or not such an employee is 
assigned to more than one household or family in the same workweek to 
provide companionship services.''.

SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES EXEMPTION.

    Paragraph (15) of section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)(15)) is amended--
            (1) by inserting ``(including through third-party 
        employment)'' after ``companionship services''; and
            (2) by striking ``(as such terms are defined and delimited 
        by regulations of the Secretary)''.

SEC. 4. PRESERVATION OF THE LIVE-IN DOMESTIC SERVICES EXEMPTION.

    Paragraph (21) of section 13(b) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(b)(21)) is amended by inserting ``(including 
through third-party employment)'' after ``domestic service''.
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