[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3828 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3828

 To require the Secretary of Labor, in consultation with the Secretary 
   of Health and Human Services, to draft disclosures describing the 
   rights and liabilities of customers of domestic care services and 
require that such services provide such disclosures to customers in any 
                      contract for such services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2014

Mr. Cartwright introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Labor, in consultation with the Secretary 
   of Health and Human Services, to draft disclosures describing the 
   rights and liabilities of customers of domestic care services and 
require that such services provide such disclosures to customers in any 
                      contract for such services.

    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 ``Notification of Your Eldercare 
Rights Act''.

SEC. 2. DISCLOSURE OF RIGHTS AND LIABILITIES OF CUSTOMERS OF DOMESTIC 
              CARE SERVICES.

    (a) Draft Disclosure Document and Requirement To Include in 
Contract.--Not later than one year after the date of enactment of this 
Act, the Secretary of Labor, in consultation with the Secretary of 
Health and Human Services, shall--
            (1) draft a two-page disclosure document including the 
        disclosures described in subsection (b); and
            (2) require, by rule, that any provider of domestic care 
        services--
                    (A) provide such disclosure document to each 
                customer prior to entering into contract with such 
                customer for the provision of such services; and
                    (B) disclose to the customer whether the individual 
                or individuals who will provide such services are 
                employees of the provider of domestic care services or 
                independent contractors for purposes of treatment under 
                the Fair Labor Standards Act of 1938.
    (b) Required Disclosures.--The disclosures required to be included 
on the disclosure document described in subsection (a) shall include--
            (1) information substantially similar to the information 
        contained on Fact Sheets 79 and 79B issued by the Wage and Hour 
        Division of the Department of Labor and relating to private 
        homes and domestic service employment and live-in domestic 
        service workers, respectively, under the Fair Labor Standards 
        Act of 1938;
            (2) simple, plain-language explanation of the difference 
        between employees of the provider of domestic care services or 
        independent contractors, for purposes of treatment under the 
        Fair Labor Standards Act of 1938; and
            (3) disclosures regarding--
                    (A) the rights and legal liabilities of the 
                customer with respect to any employee or independent 
                contractor, including rights of action;
                    (B) the presence or lack of vicarious liability of 
                the provider of domestic care services with respect to 
                an employee or independent contractor; and
                    (C) any liability the customer might have with 
                respect to keeping their property free from 
                unreasonable risk of harm.

SEC. 3. ENFORCEMENT.

    (a) Prohibited Act.--Beginning on the effective date of the rule 
required by section 2, it shall be unlawful for any provider of 
domestic care services to enter into contract with any customer for the 
provision of such services without first providing the prospective 
customer with the disclosure document required by section 2.
    (b) Penalty.--Any person who violates subsection (a) shall be 
subject to a civil penalty not to exceed $1,100 per violation. Any 
person who violates subsection (a) having previously been assessed a 
civil penalty under this section, or who knowingly violates subsection 
(a), shall be subject to a civil penalty not to exceed $5,000 per 
violation.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) the term ``domestic care services'' means those 
        services described in section 13(a)(15) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 213(a)(15)); and
            (2) the term ``provider of domestic care services'' means a 
        business that employs or contracts with individuals who provide 
        domestic care services to customers of the business.
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