Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2304 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 2304
5	5	To preserve the companionship services exemption for minimum wage and
6	6	overtime pay, and the live-in domestic services exemption for overtime
7	7	pay, under the Fair Labor Standards Act of 1938.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	MARCH24, 2025
10	10	Mrs. M
11	11	ILLERof Illinois introduced the following bill; which was referred to
12	12	the Committee on Education and Workforce
13	13	A BILL
14	14	To preserve the companionship services exemption for min-
15	15	imum wage and overtime pay, and the live-in domestic
16	16	services exemption for overtime pay, under the Fair
17	17	Labor Standards Act of 1938.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Ensuring Access to 4
22	22	Affordable and Quality Home Care for Seniors and People 5
23	23	with Disabilities Act’’. 6
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26	26	•HR 2304 IH
27	27	SEC. 2. DEFINITIONS. 1
28	28	Section 3 of the Fair Labor Standards Act of 1938 2
29	29	(29 U.S.C. 203) is amended by adding at the end the fol-3
30	30	lowing: 4
31	31	‘‘(z)(1)(A) Except as provided in subparagraph (B), 5
32	32	‘companionship services’ as used in section 13(a)(15), 6
33	33	means services that provide fellowship, care, and protec-7
34	34	tion for individuals who, because of advanced age or phys-8
35	35	ical or mental infirmity, are unable to care for themselves, 9
36	36	including non-medical in-home personal care (which in-10
37	37	cludes assistance with activities of daily living and instru-11
38	38	mental activities of daily living) and household work re-12
39	39	lated to the care of the aged or infirm individuals (such 13
40	40	as meal preparation, bed making, washing of clothes, er-14
41	41	rands, assistance to appointments, laundry, medication re-15
42	42	minders, bathing, assistance with incontinence and groom-16
43	43	ing, and other similar services). Such term may include 17
44	44	the performance of general household work, provided that 18
45	45	such work does not exceed 20 percent of the total weekly 19
46	46	hours worked. 20
47	47	‘‘(B) ‘Companionship services’ does not include serv-21
48	48	ices relating to the care and protection of the aged or in-22
49	49	firm that require and are performed by trained medical 23
50	50	personnel, such as a registered or practical nurse. 24
51	51	‘‘(2) ‘Domestic service’ as used in subsections (a)(15) 25
52	52	and (b)(21) of section 13, means services of a household 26
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55	55	•HR 2304 IH
56	56	nature performed by an employee in or about a private 1
57	57	home (permanent or temporary), including employees such 2
58	58	as cooks, waiters, butlers, valets, maids, housekeepers, 3
59	59	nannies, nurses, janitors, laundresses, caretakers, handy-4
60	60	men, gardeners, certified nursing assistants, home care 5
61	61	aides, home health aides, personal care aides, chauffeurs 6
62	62	of automobiles for family use, and babysitters employed 7
63	63	on other than a casual basis. 8
64	64	‘‘(3) ‘Third-party employment’ as used in subsections 9
65	65	(a)(15) and (b)(21) of section 13, means the employment 10
66	66	of any employee who is engaged in providing companion-11
67	67	ship services or live-in domestic services and who is em-12
68	68	ployed by an employer other than the family or household 13
69	69	using the services of the employee, whether or not such 14
70	70	employee provides services to more than one family or 15
71	71	household in the same workweek.’’. 16
72	72	SEC. 3. PRESERVATION OF THE COMPANIONSHIP SERVICES 17
73	73	EXEMPTION. 18
74	74	Paragraph (15) of section 13(a) of the Fair Labor 19
75	75	Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amend-20
76	76	ed— 21
77	77	(1) by inserting ‘‘(including through third-party 22
78	78	employment)’’ after ‘‘companionship services’’; and 23
79	79	(2) by striking ‘‘(as such terms are defined and 24
80	80	delimited by regulations of the Secretary)’’. 25
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83	83	•HR 2304 IH
84	84	SEC. 4. PRESERVATION OF THE LIVE-IN DOMESTIC SERV-1
85	85	ICES EXEMPTION. 2
86	86	Paragraph (21) of section 13(b) of the Fair Labor 3
87	87	Standards Act of 1938 (29 U.S.C. 213(b)(21)) is amended 4
88	88	by inserting ‘‘(including through third-party employ-5
89	89	ment)’’ after ‘‘domestic service’’. 6
90	90	Æ
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