[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3280 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3280

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2012

 Mr. Johanns (for himself, Mr. Alexander, Mr. Boozman, Mr. Coburn, Mr. 
Corker, Mr. Cornyn, Mr. Enzi, Mr. Isakson, Mr. Portman, Mr. Rubio, Ms. 
  Snowe, Mr. Chambliss, and Mr. Burr) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 ``Companionship Exemption Protection 
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 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.
    ``(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 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)''.
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