Fair Wages for Home Care Workers Act
- Bill Number
- H.R. 7917
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-03-12: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-05-30T08:05:39Z
AI-Generated Summary
Purpose
The Fair Wages for Home Care Workers Act (H.R. 7917) aims to protect certain caregiving employees, such as home health aides and personal care aides, by removing their exemption from federal minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA) of 1938. It ensures these workers receive standard labor protections.
Key Provisions
- Narrowed exemption for casual domestic service: Limits the FLSA exemption in Section 13(a)(15) to only "babysitting services" provided on a casual basis.
- Repeal of companionship exemption: Completely eliminates the FLSA exemption in Section 13(b)(21), which previously covered companionship services by home care workers.
- New definitions added to FLSA Section 3:
- Babysitting services: Custodial care and protection of infants or children in their private home; excludes services by trained personnel like nurses or home care workers (home health aides and personal care aides).
- Casual basis for babysitting: Irregular or intermittent work (as defined by the Secretary of Labor), not a person's main job; allows up to 20% of time for unrelated household work.
Significant Changes to Existing Law
- Previous FLSA exemptions:
- Section 13(a)(15) broadly exempted domestic service workers (including babysitters and others) hired on a casual basis.
- Section 13(b)(21) exempted "companionship services" in private homes, primarily affecting non-medical home care workers.
- Changes introduced:
- Restricts casual exemption only to true babysitting by non-professionals.
- Fully repeals the companionship exemption, bringing home care workers under full FLSA minimum wage (at least $7.25/hour federally) and overtime (1.5x pay for hours over 40/week) rules.
Potential Impacts
- On citizens: Home care workers gain access to minimum wage and overtime, potentially increasing their earnings and improving job quality. Families or individuals hiring caregivers may face higher costs, possibly affecting affordability of in-home care for elderly, disabled, or ill people.
- On government agencies: The Department of Labor (DOL) will need to enforce new rules, update regulations, and handle increased complaints or audits for home care employment.
- No direct impact on international relations.
Main Stakeholders Affected
- Home care workers (e.g., home health aides, personal care aides): Primary beneficiaries with new wage and overtime rights.
- Employers of caregivers (e.g., families, home care agencies, Medicaid-funded providers): Face higher labor costs and compliance requirements.
- Consumers of home care (e.g., seniors, disabled individuals, families): May experience rising care expenses or shifts to agency-based services.
- Department of Labor: Responsible for defining terms, enforcement, and guidance.
Notable Legal, Constitutional, or Political Implications
- Legal: Standard amendment to FLSA; DOL must issue regulations on "casual basis" and enforcement. Could lead to litigation over worker classifications.
- Constitutional: No apparent challenges; aligns with Congress's authority over interstate commerce and labor standards.
- Political: Sponsored by numerous House Democrats focused on worker rights; targets a gap in protections for the growing home care workforce (over 4 million workers). May influence state-level labor laws or future FLSA expansions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Ocasio-Cortez, Alexandria [D-NY-14]
Cosponsors (68)
Rep. Tlaib, Rashida [D-MI-12], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Cleaver, Emanuel [D-MO-5], Rep. Wilson, Frederica S. [D-FL-24], Rep. Bell, Wesley [D-MO-1], Rep. Krishnamoorthi, Raja [D-IL-8], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. McIver, LaMonica [D-NJ-10], Rep. Hoyle, Val T. [D-OR-4], Rep. Simon, Lateefah [D-CA-12], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Torres, Ritchie [D-NY-15], Rep. Lee, Summer L. [D-PA-12], Rep. Carson, André [D-IN-7], Rep. Moulton, Seth [D-MA-6], Rep. Pettersen, Brittany [D-CO-7], Rep. Jayapal, Pramila [D-WA-7], Rep. Budzinski, Nikki [D-IL-13], Rep. Johnson, Julie [D-TX-32], Rep. Bonamici, Suzanne [D-OR-1], Rep. Dingell, Debbie [D-MI-6], Rep. Pingree, Chellie [D-ME-1], Rep. McBride, Sarah [D-DE-At Large], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Evans, Dwight [D-PA-3], Rep. Frankel, Lois [D-FL-22], Rep. Goldman, Daniel S. [D-NY-10], Rep. Thanedar, Shri [D-MI-13], Rep. DelBene, Suzan K. [D-WA-1], Rep. Dexter, Maxine [D-OR-3], Rep. Swalwell, Eric [D-CA-14], Rep. Salinas, Andrea [D-OR-6], Rep. Chu, Judy [D-CA-28], Rep. Balint, Becca [D-VT-At Large], Rep. Latimer, George [D-NY-16], Rep. Omar, Ilhan [D-MN-5], Rep. Lieu, Ted [D-CA-36], Rep. Mannion, John W. [D-NY-22], Rep. Lynch, Stephen F. [D-MA-8], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Strickland, Marilyn [D-WA-10], Rep. McGovern, James P. [D-MA-2], Rep. Tonko, Paul [D-NY-20], Rep. Pocan, Mark [D-WI-2], Rep. Norcross, Donald [D-NJ-1], Rep. Nadler, Jerrold [D-NY-12], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Pressley, Ayanna [D-MA-7], Rep. Adams, Alma S. [D-NC-12], Rep. Grijalva, Adelita S. [D-AZ-7] and 18 more
Recent Actions
- 2026-03-12: Referred to the House Committee on Education and Workforce.
- 2026-03-12: Introduced in House
- 2026-03-12: Introduced in House
Bill Versions
- Fair Wages for Home Care Workers Act — issued 2026-03-12 — PDF (3 pages)