Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act

Ensuring Access to Affordable and Quality Home Care for Seniors and People with Disabilities Act

This bill amends the Fair Labor Standards Act of 1938 with respect to the exemption from minimum wage and maximum hour requirements of domestic service employment to provide companionship services for individuals who because of age or infirmity are unable to care for themselves. Definitions of "companionship services" and "domestic service employment" are detailed. Excluded from companionship services are any relating to the care and protection of the aged or infirm which require and are performed by trained medical personnel.

The exemption shall now extend to third-party employment of an employee to provide companionship services to such individuals, including non-medical in-home personal care or household work related to their care. "Third-party employment" means employees who provide companionship or live-in domestic services while employed by an employer or agency other than the family or household using their services, whether or not such an employee provides services to more than one household or family in the same workweek when providing such services.

Exempted also from the Act's maximum hour requirements are third-party employment in domestic service of an employee who resides in the household in which the services are provided.