A bill 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.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 4081 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 4081 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. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 12, 2026 Mrs. Murray (for herself, Mr. Kim, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Ms. Duckworth, Mr. Durbin, Mr. Gallego, Mrs. Gillibrand, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Markey, Mr. Padilla, Mr. Sanders, Mr. Van Hollen, Ms. Warren, Mr. Wyden, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL 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. 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 Wages for Home Care Workers Act''. SEC. 2. MINIMUM WAGE AND OVERTIME FOR CERTAIN CAREGIVERS. (a) Exemption Amendments.--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). (b) Definitions.--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 ``