Fair Wages for Home Care Workers Act

Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended—

(1) in subsection (a)(15), by striking casual basis in domestic service employment and all that follows through of the Secretary) and inserting the following: casual basis to provide babysitting services; and

(2) by repealing subsection (b)(21).

Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following:

(z) Babysitting services —

(1) means the custodial care and protection of infants or children in or about a private home in which the infants or children reside; and

(2) does not include services relating to the care and protection of infants or children which are performed by trained personnel, such as registered, vocational, or practical nurses, and home care workers, including home health aides and personal care aides.

(aa) Casual basis, with respect to the provision of babysitting services—

(1) means employment which is irregular or intermittent (as defined and delimited by the Secretary), and which is not performed by an individual whose vocation is babysitting; and

(2) may include the performance of household work not related to the provision of babysitting services, so long as the time performing such work does not exceed 20 percent of the total hours worked while providing babysitting services.