Sec. 102. Live-in domestic employees termination notices and communications
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The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended by inserting after section 7 ( 29 U.S.C. 207 ) the following: In this section, the term live-in domestic employee means any employee who— is employed in domestic service in a household and resides in such household; and in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce. If an employer terminates the employment of a live-in domestic employee, the employer shall, except as provided in paragraph (3), provide the live-in domestic employee with— written notice of the termination; and not less than 30 calendar days of lodging customarily provided— on the employer’s household premises; or on another premise of a comparable lodging condition; or severance pay in an amount equivalent to the live-in domestic employee’s average earnings for 2 weeks of employment in the preceding 6 months.
If an employer chooses to provide a live-in domestic employee who is terminated as described in paragraph
(1)lodging described in paragraph (1)(B)(i)(II) or severance pay described in paragraph (1)(B)(ii), the employer shall allow the live-in domestic employee not less than 24 hours to vacate the employer’s household. The requirements under paragraph
(1)shall not be required in a case involving a good faith allegation described in subparagraph
(B)that the live-in domestic employee has engaged in abuse or neglect, or caused any other harmful conduct against the employer, any member of the employer’s family, or any individual residing in the employer’s household. A good faith allegation under subparagraph
(A)shall be— made in writing and provided to the employee not later than 48 hours after the employer has knowledge of the conduct; supported by a reasonable basis and belief; and made without reckless disregard or willful ignorance of the truth. If an employer requires an employee to be a live-in domestic employee, the employer shall— provide the employee with the ability, and reasonable opportunity, to access telephone and internet services in accordance with paragraph (2); and without the employer’s interference, permit the employee to send and receive communications by text message, social media, electronic or regular mail, and telephone calls. If an employer subject to the requirement under paragraph
(1)has telephone or internet services for the household of the employer, the employer shall provide the live-in domestic employee with reasonable access to such services without charge to the employee. If an employer subject to the requirement under paragraph
(1)does not have telephone or internet services for the household of the employer, the employer— shall provide the live-in domestic employee with a reasonable opportunity to access such services at another location; and shall not be required to pay for such services. . Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed.
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Sec. 102
Live-in domestic employees termination notices and communications
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