H.R. 3971 — Domestic Workers Bill of Rights Act

This section establishes a new section 8 of the Fair Labor Standards Act (FLSA) to impose requirements on employers of live-in domestic employees (i.e., employees in domestic service who reside in the employer's household). Upon termination (except for good faith written allegations of abuse, neglect, or other harmful conduct against the employer, family, or household residents, provided within 48 hours of the employer's knowledge), employers must provide written notice within 48 hours and either (1) 30 calendar days of lodging at the employer's household premises or comparable offsite premises or (2) severance pay equivalent to the employee's average earnings for 2 weeks during the preceding 6 months (with 48 hours after notice to vacate if offsite lodging or severance is provided). For required live-in employees, employers must provide reasonable, uncharged access to household telephone and internet services (if available) or a reasonable opportunity to access such services elsewhere (if unavailable) and permit unrestricted communications via text, social media, mail, and calls. This section also repeals FLSA section 10 (29 U.S.C. 210).

This section amends the Fair Labor Standards Act of 1938 (FLSA) to enforce section 8 by (1) adding violations of section 8, including related regulations or orders, as a prohibited act under FLSA section 15(a)(7); (2) establishing employer liability under FLSA section 16(b) for section 8(b) violations equal to the employee's required severance pay (per section 8(b)(1)(B)(ii)) plus an equal amount in liquidated damages, and for section 8(c) violations up to $2,000 per violation, and extending section 16(c) civil penalty authority to section 8 violations; (3) authorizing injunctions under FLSA section 17 to restrain withholding of severance pay and damages due for section 15(a)(7) violations; and (4) including section 8 enforcement actions within the Portal-to-Portal Act of 1947 statute of limitations (29 U.S.C. 255).

This section defines a covered domestic employee as a domestic employee whom the employer expects to compensate for performing domestic services for at least eight hours per week and requires each employer to provide such an employee with a written agreement. The agreement must be signed and dated by both parties; written in plain language and a language understood by both (potentially multiple languages); include specified contents such as (1) employer and work location details; (2) employee responsibilities and frequency; (3) hourly and overtime pay rates, payday, and required hours (including start times, breaks per section 115, paid holidays and vacations, schedules or good-faith 90-day estimates, 72-hour notice for changes except in specified cases, pay for last-minute changes per section 112(c), and processes for employee-requested changes per section 113); (4) safety and emergency policies; (5) termination notice policy and grievance process (explicitly not an exhaustion requirement); (6) for live-in employees, rules on living space access, immediate termination causes, and removal within 48 hours per FLSA section 8(b); (7) applicable policies on health insurance, reimbursements, pay increases, severance, equipment, and other benefits; and (8) processes for policy changes; and be provided per subsection (e).

This section requires employers of domestic employees (i.e., individuals performing services in a private home, as defined in FLSA section 3(b), excluding those via shared living arrangements) to provide at least 1 hour of earned paid sick time for every 30 hours worked, up to 56 hours per calendar year. Such time accrues at the start of employment (generally usable after a 60-day waiting period unless advanced by the employer), carries over to the next year, requires reinstatement upon rehire within 12 months, and may be used for the employee's or family member's medical care or illness; absences due to domestic violence, sexual assault, or stalking; or related victim services.

This section establishes fair scheduling practices for covered domestic employees (as defined in section 110(a)), requiring employers to provide notice of scheduled work hours through a written agreement or good faith estimate of expected work times and days (per section 110(d)(1)(F)(iv)). It further requires employers to communicate any changes to scheduled work hours, including on-call shifts, in writing at least 72 hours before the start of work and to pay reporting time pay—either at the full regular rate for cancellations after employee arrival or at half the regular rate for cancellations less than 72 hours prior (with exceptions for employers supporting individuals with disabilities who offer and secure employee consent for equivalent alternative hours within 7 days). Covered domestic employees have the right to decline work during identified off-hours or outside good faith estimates without prior written consent (which may be electronic). Exceptions to change and pay requirements apply to natural disasters or declared emergencies (including public health emergencies under section 319 of the Public Health Service Act (42 U.S.C. 247d)), voluntary employee requests, certain medical emergencies, and shared living arrangements. The section takes effect 2 years after enactment.

This section establishes a right for covered domestic employees (i.e., as defined in section 110(a)) to request, and requires employers to grant, temporary changes to scheduled work hours due to a personal event, with not less than (1) two requests covering one workday each or (2) one request covering two workdays per calendar year. It defines personal event to include (A) caregiving for a family-related individual, (B) attending legal proceedings for subsistence benefits such as SNAP or TANF, or (C) circumstances qualifying for safe time (i.e., absences due to domestic violence, sexual assault, or stalking), family, medical, or sick leave; and temporary change to include limited alterations such as using paid time off, trading hours, shifting hours, or short-term unpaid leave. Employees must notify employers as soon as aware of the need (orally permitted) and, unless seeking unpaid leave, propose how to implement the change. This section takes effect two years after enactment.

This section prohibits an employer from (1) monitoring or recording a domestic employee while the employee is using restroom or bathing facilities, in the employee's private living quarters, or engaging in dressing, undressing, or changing clothes; (2) restricting, interfering with, or monitoring the employee's private communications, subject to exceptions; or (3) taking possession of the employee's documents or personal effects. It authorizes an employer to restrict, interfere with, or monitor private communications upon a reasonable belief that they significantly interfere with the employee's duties and to establish reasonable restrictions on such communications while the employee performs domestic services. Private communications are defined as communications via telephone or internet services (e.g., text message, social media, electronic mail, telephone) with a non-employer.

This section establishes meal and rest break requirements for domestic employees. **(a) Meal Breaks.** Prohibits requiring a domestic employee to work more than 5 hours without an uninterrupted 30-minute meal break (calculated without regard to rest breaks), which must be paid at the regular rate unless the employee is relieved of all duties for at least 30 minutes and permitted to leave the worksite. Employers must provide a reasonable opportunity for the break and not impede or discourage it. **(b) Rest Breaks.** Requires a paid 10-minute rest break, during which the employee is relieved of all duties, for every 4 hours of scheduled work, to occur during the first 3 hours of consecutive work. Employers must not impede or discourage such breaks. **(c) Exceptions.** No meal or rest break is required if the safety of an individual under the employee's care prevents it. On-duty breaks (i.e., not fully relieved of duties but permitted personal activities to the extent possible) are authorized via a revocable written agreement if the nature of work prevents relief from duties and must be paid at the regular rate. Requirements do not apply to shared living arrangements.

This section prohibits employers from deducting wages from, or requiring reimbursement by, domestic employees for (1) any cash shortage of the employer or (2) breakage or loss of the employer's equipment or belongings. It further prohibits employers from deducting wages from or otherwise penalizing domestic employees for communicating directly with consumers of domestic services, rather than through an application or messaging service provided by an on-demand platform or required by the employer. Violations are deemed unpaid wages enforceable under section 118.

This section prohibits interference with or retaliation against domestic employees for exercising rights under this subtitle, including discharging or discriminating against such employees for engaging in concerted activities for collective bargaining or mutual aid or protection (regardless of whether with employees of different employers or worksites); using such rights as a negative factor in employment actions (e.g., hiring, promotion, or discipline); or taking adverse employment actions because an employee opposes unlawful practices, asserts claims, informs others about the subtitle, requests schedule or agreement changes, participates in the Domestic Employee Standards Board, files proceedings, or testifies in inquiries related to subtitle rights. This section deems specified immigration-related actions as discrimination for these purposes (unless at federal direction), including (1) reporting or threatening to report a domestic employee's or family member's citizenship or immigration status; (2) requesting more or different documents than required under INA §274A(b) (8 U.S.C. §1324a(b)) or refusing genuine-appearing documents; (3) misusing the E-Verify system beyond INA §274A(b) requirements; (4) filing or threatening false police reports on immigration status; or (5) contacting or threatening to contact immigration authorities on such status. This section creates a rebuttable presumption of retaliation if an adverse action occurs within 90 days of a domestic employee asserting subtitle rights (rebuttable by clear and convincing evidence of a permissible reason).

This section establishes enforcement authority under the subtitle for domestic employees (i.e., those described in subsection (e)(1)(A)) and employers (i.e., those described in subsection (e)(2)(A)(i)-(ii), (B)). The Secretary of Labor receives investigative authority (under Fair Labor Standards Act (FLSA) section 11(a)), subpoena power (FLSA section 9), and recordkeeping requirements (FLSA section 11(c)), with employer record submissions limited to once every 12 months absent reasonable cause or an ongoing charge investigation. Domestic employees may bring civil actions in federal or state court against violating employers for (1) damages (lost wages/benefits or actual monetary losses, interest, liquidated damages, and other legal relief), equitable relief (e.g., reinstatement), and attorney/expert fees/costs; (2) for meal/rest break violations (section 115), damages plus 1 hour's pay at the regular rate per violation (not more than 2 hours per workday); and (3) for written agreement violations (section 110), $5,000. The Secretary must receive, investigate, and attempt to resolve complaints (as under specified FLSA sections), assess civil penalties of up to $15,000 (first violation) or $25,000 (subsequent violation) per section violated, provide administrative review by an administrative law judge under specified procedures (with orders final after 60 days absent review request), and may bring civil actions to recover damages on employees' behalf, with recovered sums paid directly to aggrieved domestic employees.

This section provides that nothing in this subtitle (1) supersedes a collective bargaining agreement; or (2) diminishes an employer's obligations under any contract, collective bargaining agreement, or employment benefit program or plan providing greater rights or benefits to domestic employees than required under this subtitle. It further provides that nothing in this subtitle (1) affects employer obligations under other laws to provide reasonable accommodations or otherwise comply with such laws; (2) preempts, limits, or affects state or local laws providing comparable or superior benefits to domestic employees; or (3) diminishes rights, privileges, or remedies of domestic employees under any federal or state law or collective bargaining agreement. This section prohibits waivers of rights and remedies under this subtitle by domestic employees through any agreement, policy, form, or as a condition of employment.

This section expands the definition of employer under Title VII of the Civil Rights Act of 1964 (i.e., prohibiting employment discrimination based on race, color, religion, sex, or national origin) to include any person who employs a domestic employee (as defined in section 3(b)(6) of the Domestic Worker Bill of Rights Act of 2024), in addition to persons engaged in an industry affecting commerce who have 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. (Thus, previously exempt household employers of domestic workers—such as nannies or housekeepers—are now subject to Title VII anti-discrimination requirements.)