H.R. 7917 — Fair Wages for Home Care Workers Act

This section amends exemptions under the Fair Labor Standards Act (FLSA)—which establishes federal minimum wage and overtime requirements—(1) by narrowing the minimum wage exemption for casual domestic service employment in 29 U.S.C. 213(a)(15) to casual babysitting services only (previously included companionship services for incapacitated individuals); (2) by repealing the overtime exemption in 29 U.S.C. 213(b)(21) for domestic companions and casual babysitters; and (3) by adding definitions in 29 U.S.C. 203 to "babysitting services" (custodial care and protection of infants or children in private homes, excluding services by trained nurses or home care workers such as home health aides) and "casual basis" for such services (irregular or intermittent employment not as a vocation, including unrelated household work up to 20% of total hours). (Thus, most caregivers, including companions providing services to elderly or infirm individuals, become subject to FLSA minimum wage and overtime protections.)