Fair Wages for Home Care Workers Act
Rep. Ocasio-Cortez Introduces Bill to Guarantee Minimum Wage and Overtime for Home Care Workers
This bill is currently in the early stages of the legislative process after being sent to the House Committee on Education and Workforce for review. It is considered active, but there are no upcoming votes or hearings scheduled at this time. The bill is waiting for committee members to decide if it should move forward for a full vote.
Part of: story →Legislative Progress
Key Points
- This bill would remove the current federal exemption that allows home care workers to be paid less than minimum wage and denied overtime pay. It amends the Fair Labor Standards Act so that home health aides, personal care aides, and similar caregivers get the same pay protections as most other American workers.
From policy text
“To amend the Fair Labor Standards Act of 1938 to ensure that certain caregiving employees are no longer exempted from overtime and minimum wage protections.”
View in full text - The bill narrows the existing domestic service exemption so it only applies to casual babysitters, not trained caregiving professionals. Home health aides, personal care aides, and nurses working in private homes would no longer be exempt from overtime or minimum wage rules.
From policy text
“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.”
View in full text - The bill creates a clear legal definition of "babysitting services" and "casual basis" to separate occasional neighborhood babysitters from professional caregivers. Only irregular or intermittent babysitting by non-professionals would remain exempt.
From policy text
“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”
View in full text - The companion overtime exemption for certain domestic service employees under subsection (b)(21) of the Fair Labor Standards Act would be repealed entirely, ensuring home care workers earn time-and-a-half for hours over 40 per week.
- This change would affect millions of workers in the fast-growing home care industry, many of whom are women and people of color earning low wages for physically and emotionally demanding work. If enacted, it could raise costs for families and government programs like Medicaid that pay for home care services, but supporters say it is needed to close pay gaps and address the caregiver shortage.
Impact Analysis
Personal Impact
Milestones
Referred to the House Committee on Education and Workforce.
Introduced in House
Related News
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Lawmakers Introduce Bill To Reject Companionship Exemption
Policymakers have introduced the Fair Wages for Home Care Workers Act, which would guarantee federal minimum wage and overtime protections for home care workers. Introduced by Rep. Ocasio-Cortez and Sen. Murray, the bill seeks to reject the companionship exemption proposed by the DOL.
Congress Shouldn't Lock in a Broken Home Care Rule
The recently introduced Fair Wages for Home Care Workers Act, sponsored by Rep. Alexandria Ocasio-Cortez and Sen. Patty Murray, would codify the 2013 Home Care Rule into federal law. Critics argue this ignores deeper problems and makes caregiving arrangements more difficult to structure.
Source Information
Document Type
Congressional Bill
Official Title
Fair Wages for Home Care Workers Act
Data Sources
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Cosponsors
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