Domestic Workers Bill of Rights Act

Bill Number: H.R. 3971
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Labor and Employment
Status: Introduced
Latest Action: 2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Last Updated: 2025-12-16T09:05:31Z

AI-Generated Summary

Purpose

The Domestic Workers Bill of Rights Act (H.R. 3971) aims to improve working conditions and protections for domestic employees—individuals who provide household services like childcare, eldercare, cleaning, and personal care in private homes. It recognizes domestic work as essential to the economy, highlights vulnerabilities faced by these workers (often women, people of color, and immigrants), and seeks to extend federal labor rights to them, addressing gaps in existing laws. The Act draws on findings from studies showing low wages, lack of benefits, health risks, and barriers to enforcement, especially evident during the COVID-19 pandemic.

Key Provisions

The Act is structured into five titles, introducing new rights, enforcement mechanisms, and support structures.

Title I: Domestic Employee Rights and Protections

Amendments to the Fair Labor Standards Act (FLSA) of 1938:
Extends overtime pay (time-and-a-half after 40 hours per week) to live-in domestic employees by repealing their exemption.
Requires employers to provide live-in domestic employees with written termination notice within 48 hours, plus 30 days of lodging or two weeks' severance pay (with exceptions for good-faith allegations of abuse).
Mandates access to phone and internet for live-in workers without employer interference, including free use of household services if available.
Domestic Employee Rights (Subtitle B):
Requires written agreements for workers expected to work 8+ hours weekly, detailing pay, hours, duties, breaks, termination policies, privacy rules, and grievance processes (in plain language and workers' preferred languages; no arbitration or non-compete clauses).
Grants up to 56 hours of paid sick leave per year (1 hour earned per 30 hours worked), usable for personal illness, family care, or issues related to domestic violence, sexual assault, or stalking; includes carryover and reinstatement upon rehire.
Mandates 72-hour advance notice for schedule changes; pay for canceled shifts (full if after arrival, half if within 72 hours); right to decline off-day shifts without consent.
Allows up to two temporary schedule changes per year (1-2 days each) for personal events like caregiving or legal proceedings.
Protects privacy by prohibiting monitoring in restrooms, living quarters, or during changing; limits interference with personal communications unless they affect duties.
Requires unpaid 30-minute meal breaks after 5 hours and paid 10-minute rest breaks every 4 hours (exceptions for safety needs or shared living arrangements).
Bans wage deductions for cash shortages, breakage, loss, or direct worker-consumer communications (outside employer platforms).
Prohibits retaliation, including immigration-related threats; presumes retaliation if adverse action occurs within 90 days of rights assertion.
Enforcement: Empowers the Department of Labor (DOL) for investigations, penalties up to $25,000 per violation, and civil actions; workers can sue for damages, liquidated damages, and attorney fees; 2-3 year statute of limitations.
Civil Rights Amendment: Includes employers of domestic workers under Title VII of the Civil Rights Act of 1964, prohibiting discrimination based on race, sex, religion, etc. (removing the 15-employee threshold exclusion).

Title II: Standards Board and Benefits

Establishes a 11-member Domestic Employee Standards Board (5 worker reps, 5 employer reps, 1 expert) to recommend standards on wages, hours, safety (e.g., infectious disease protections), training, and enforcement every 3 years; DOL must respond within 90 days and may promulgate rules.
Requires a DOL study on expanding benefits access (e.g., retirement, health insurance, unemployment) for domestic workers, including portability across jobs and state innovations; report to Congress within 15 months.

Title III: Implementation

Defines "domestic workers bill of rights" to include all new protections.
DOL must create multilingual notices and a dedicated website summarizing rights.
Forms an Interagency Task Force (DOL, HHS, EEOC) for enforcement recommendations, joint actions, and audits every 3 years.
Funds a national hotline for worker assistance.
Awards 3-year grants to community organizations for education, outreach, mediation, claim filing, and compliance monitoring (one per DOL region).
Encourages fiscal intermediaries (e.g., payment platforms) for transparency via new rules.
Applies protections to Medicaid-funded home care workers, with joint DOL-HHS regulations ensuring no budget cuts for individuals with disabilities; delays enforcement for government programs by 2 years (extendable to 3).

Title IV: Funding

Temporarily increases the Federal Medical Assistance Percentage (FMAP) for Medicaid-funded domestic services (e.g., home health, personal care) for 5 years to offset costs from new protections, preventing state reductions in services.
Authorizes necessary appropriations.

Title V: Severability

Invalid provisions do not affect the rest of the Act.

Significant Changes to Existing Law

FLSA Amendments: Repeals overtime exemption for live-in domestic workers (previously excluded under 29 U.S.C. 213(b)(21)); adds new Section 8 on termination and communications; expands enforcement penalties and repeals outdated recordkeeping provisions.
Civil Rights Act: Amends Title VII (42 U.S.C. 2000e(b)) to cover domestic worker employers, closing the gap where small household employers (fewer than 15 employees) were exempt from anti-discrimination rules.
New Standalone Rights: Introduces requirements not previously in federal law, such as mandatory written agreements, paid sick leave, fair scheduling, privacy protections, and breaks specifically for domestic workers.
OSHA and NLRA Alignment: References but does not amend exclusions from Occupational Safety and Health Act (OSHA) or National Labor Relations Act (NLRA); the Standards Board can recommend OSHA rules for domestic work.
Medicaid Integration: Adds FMAP incentives (new 42 U.S.C. 1396d(jj)) to support home-based care without shifting costs to beneficiaries, aligning with disability rights laws like the Americans with Disabilities Act.

Potential Impacts

Government Agencies: DOL gains rulemaking, investigative, and grant authority, increasing workload and costs; HHS and EEOC join task force for coordinated enforcement; states may see higher Medicaid matching funds but must maintain service levels, potentially straining budgets initially.
Citizens (Domestic Workers): Improves wages, benefits, and safety for ~2.2 million workers, reducing exploitation and health risks; enhances access to sick leave and anti-discrimination protections, potentially lowering turnover and improving care quality for families.
Citizens (Employers and Families): Households and agencies face new compliance costs (e.g., overtime, sick pay, agreements), but may benefit from stabilized workforce and better care; Medicaid recipients gain workforce protections without service reductions.
International Relations: Aligns U.S. law with the International Labour Organization's 2011 Domestic Workers Convention (e.g., overtime, privacy, anti-harassment), potentially strengthening U.S. labor diplomacy, though no direct foreign policy changes.

Main Stakeholders Affected

Domestic Employees: Primary beneficiaries, including nannies, housekeepers, home health aides, and live-in caregivers (90% women, disproportionately people of color and immigrants; many over 50 or part-time).
Employers: Households hiring directly, agencies, online platforms, and Medicaid-funded providers; includes individuals with disabilities or elderly family members relying on care.
Families and Recipients: Parents, seniors, and people with disabilities dependent on domestic services, who may experience more reliable care but higher costs.
Government and Nonprofits: DOL, HHS, EEOC for enforcement; community organizations for grants and hotline; states for Medicaid administration.
Advocacy Groups: Worker organizations and hiring entities involved in the Standards Board nominations.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens labor enforcement by integrating domestic work into FLSA and Title VII, with clear remedies (e.g., liquidated damages, anti-retaliation presumptions); promotes accessibility (multilingual notices, no waivers) but allows states/localities to exceed standards without preemption. Joint DOL-HHS rules ensure compliance with disability laws (e.g., Rehabilitation Act, Olmstead v. L.C. ruling on community-based care).
Constitutional: No major challenges anticipated; expands commerce clause coverage (domestic services "affect commerce" per findings); protects free speech via communication rights and anti-retaliation; upholds equal protection by addressing historical exclusions for marginalized groups.
Political: Advances equity for essential, low-wage workers highlighted in pandemic responses; bipartisan potential in care for vulnerable populations, but may spark debates on household burdens vs. worker rights; empowers worker voices via the Standards Board, fostering collective action without mandating unions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Jayapal, Pramila [D-WA-7]

Cosponsors (115)

Rep. Adams, Alma S. [D-NC-12], Rep. Amo, Gabe [D-RI-1], Rep. Ansari, Yassamin [D-AZ-3], Rep. Balint, Becca [D-VT-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Beatty, Joyce [D-OH-3], Rep. Beyer, Donald S. [D-VA-8], Rep. Bonamici, Suzanne [D-OR-1], Rep. Boyle, Brendan F. [D-PA-2], Rep. Brown, Shontel M. [D-OH-11], Rep. Brownley, Julia [D-CA-26], Rep. Budzinski, Nikki [D-IL-13], Rep. Carson, André [D-IN-7], Rep. Carter, Troy A. [D-LA-2], Rep. Casar, Greg [D-TX-35], Rep. Casten, Sean [D-IL-6], Rep. Castro, Joaquin [D-TX-20], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Chu, Judy [D-CA-28], Rep. Clarke, Yvette D. [D-NY-9], Rep. Cleaver, Emanuel [D-MO-5], Rep. Cohen, Steve [D-TN-9], Rep. Crockett, Jasmine [D-TX-30], Rep. Davis, Danny K. [D-IL-7], Rep. Dean, Madeleine [D-PA-4], Rep. DeLauro, Rosa L. [D-CT-3], Rep. DelBene, Suzan K. [D-WA-1], Rep. Deluzio, Christopher R. [D-PA-17], Rep. DeSaulnier, Mark [D-CA-10], Rep. Dexter, Maxine [D-OR-3], Rep. Dingell, Debbie [D-MI-6], Rep. Doggett, Lloyd [D-TX-37], Rep. Escobar, Veronica [D-TX-16], Rep. Espaillat, Adriano [D-NY-13], Rep. Evans, Dwight [D-PA-3], Rep. Fields, Cleo [D-LA-6], Rep. Foushee, Valerie P. [D-NC-4], Rep. Frost, Maxwell [D-FL-10], Rep. Garamendi, John [D-CA-8], Rep. Garcia, Robert [D-CA-42], Rep. Garcia, Sylvia R. [D-TX-29], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Goldman, Daniel S. [D-NY-10], Rep. Gomez, Jimmy [D-CA-34], Rep. Green, Al [D-TX-9], Rep. Hayes, Jahana [D-CT-5], Rep. Horsford, Steven [D-NV-4], Rep. Hoyle, Val T. [D-OR-4], Rep. Huffman, Jared [D-CA-2], Rep. Jackson, Jonathan L. [D-IL-1] and 65 more

Recent Actions

2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Energy and Commerce, Ways and Means, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-06-12: Introduced in House
2025-06-12: Introduced in House

Bill Versions

Domestic Workers Bill of Rights Act — issued 2025-06-12 — PDF (139 pages)