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HR 3582 IH

To amend the Fair Labor Standards Act of 1938 to clarify the exemption for home health care workers from certain provisions of that Act.

September 19, 2007

Ms. WOOLSEY introduced the following bill; which was referred to the Committee on Education and Labor

To amend the Fair Labor Standards Act of 1938 to clarify the exemption for home health care workers from certain provisions of that Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fair Home Health Care Act'.

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.

(a) Home Health Workers- Section 13(a)(15) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amended to read as follows:

`(15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed on a casual basis in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary), whose employment--

`(A) is irregular or intermittent, and is not performed by an individual whose vocation is the provision of babysitting or companionship services or an individual employed by an employer or agency other than the family or household using such services; and

`(B) does not exceed 20 hours per week in the aggregate, whether performed for one or more family or household employers.'.