Sec. 201. Domestic worker wage and standards board
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The Secretary shall establish a board to be known as the Domestic Worker Wage and Standards Board (referred to in this section as the Board ) to investigate standards in the domestic workers industry, and issue recommendations to the Secretary under subsection (e)(1), in order to— promote the health, safety, and well-being of domestic workers; and achieve a living wage for domestic workers. The Board shall be composed of 11 members, of which— 5 shall be individuals, appointed by the Secretary in accordance with paragraph (2), representing domestic workers; 5 shall be individuals, appointed by the Secretary in accordance with paragraph (3), representing domestic work hiring entities; and 1 member shall be the Secretary, or a designee of the Secretary.
The Secretary shall appoint members of the Board representing domestic workers from among individuals nominated under subparagraph
(B)by eligible worker organizations. The Secretary shall enter into agreements on a competitive basis with eligible worker organizations for such organizations to nominate individuals to serve as members of the Board representing domestic workers. For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. In this paragraph, the term eligible worker organization means an organization that— is not a hiring entity or employment agency; represents members of the organization, including domestic workers; is described in paragraph (3), (4), (5), or
(6)of section 501(c) of the Internal Revenue Code of 1986, and exempt from taxation under section 501(a) of such Code; and is organized and operated for the betterment of workers, including domestic workers; engages in public advocacy to promote the health and well-being of domestic workers; has a governing structure that promotes the decision-making power of domestic workers; and submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The Secretary shall appoint members of the Board representing domestic work hiring entities from among individuals nominated by eligible hiring organizations under subparagraph (B). The Secretary shall enter into agreements on a competitive basis with eligible hiring organizations for such organizations to nominate individuals to serve as members of the Board representing domestic work hiring entities. For each individual nominated under subparagraph (B), the Secretary shall submit a report to Congress indicating whether the Secretary has decided to appoint the individual to the Board and the reasons for such decision. The Secretary shall ensure that— not less than 2 seats under this paragraph are filled by an individual who contracts with, or hires, 1 domestic worker to work in the residence of the individual; not less than 1 seat under this paragraph is filled by a nomination from an eligible hiring organization that is dedicated to the well-being of domestic workers; not less than 1 seat under this paragraph is filled by an individual who relies on a personal or home care aide financed through a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); not less than 1 seat under this paragraph is filled by an individual who— is an adult family member of a functionally disabled elderly individual, or an individual with a disability; is an informal provider of in-home care to such functionally disabled elderly individual or individual with a disability; and contracts with, or hires, 1 or more domestic workers to provide additional care for the functionally disabled elderly individual or individual with a disability; a single domestic work hiring entity does not fill more than 1 seat under this paragraph; and any domestic work hiring entity serving on the Board satisfies the requirements under clause (iii). The Secretary shall require that each domestic work hiring entity that serves on the Board disclose to the Secretary, with respect to the preceding 5-year period— any administrative merits determination, arbitral award or decision, or civil judgment, as determined by the Secretary, rendered against the entity for a violation of the labor laws listed in subclause (II); and any steps taken by the entity to correct a violation of or improve compliance with such labor laws, including any agreement entered into with an enforcement agency. The labor laws described in this subclause are each of the following: The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.). Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.). The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.). The Secretary shall consider information disclosed by a domestic work hiring entity under this clause to determine whether the entity has a satisfactory record of integrity and business ethics for purposes of determining whether the entity shall serve on the Board. In this paragraph, the term eligible hiring organization means an organization that— is an agency employing 2 or more domestic workers; or is an association of 2 or more individuals who hire or contract with domestic workers; and submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The Board shall select a Chairperson from among the members of the Board. The Chairperson shall assign an executive committee of 3 members of the Board, including not less than 1 representative appointed under paragraph
(2)and 1 representative appointed under paragraph (3). Such executive committee shall establish an agenda and a work plan for the Board. Except as provided in paragraph (2), each member of the Board shall serve a term of 2 years. The Secretary shall stagger the terms of the Board members such that— half of the initial members appointed to the Board serve a term of 4 years, including half of the members described in subsection (b)(1)(A) and half of the members described in subsection (b)(1)(B); and half of the initial members appointed to the Board serve a term of 2 years, including half of the members described in subsection (b)(1)(A) and half of the members described in subsection (b)(1)(B). A vacancy on the Board— shall not affect the powers of the Board; and shall be filled in the same manner as the original appointment was made. If a member of the Board is unable to fill the duties of the member in serving on the Board, or leaves the domestic service industry, for a period that exceeds 90 days while serving on the Board, the seat of the member shall be considered a vacancy for purposes of this paragraph. The Board shall meet at the call of the Chairperson. The call of the Chairperson under paragraph
(1)shall include notice to the public of the meeting. Not later than 90 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Board shall issue recommendations to the Secretary for standards that affect the well-being of domestic workers, including recommendations for— minimum wage rates for domestic workers; workplace standards for domestic workers, including standards for occupational safety and health, hours, benefits, and other standards that impact working conditions; and implementing and enforcing the rights of domestic workers granted under this Act and other Federal laws, including rights for minimum wage and workplace standards. Any decision of the Board regarding a recommendation issued under subparagraph
(A)shall be decided through a vote of the Board. In any such vote: Each voting member of the Board shall have 1 vote. A quorum of the members of the Board shall be required to be in attendance at the vote. A quorum shall not be formed if there are in attendance fewer than— 2 members of the Board described in subsection (b)(1)(A); or 2 members of the Board described in subsection (b)(1)(B). The vote shall be agreed to upon the affirmative vote of not less than a majority of the members of the Board present and voting. The Secretary may issue a rule, in accordance with section 553 of title 5, United States Code, regarding any standard recommended by the Board under paragraph (1). Not later than 90 days after receiving a recommendation from the Board under paragraph (1), the Secretary shall issue a decision on— whether the Secretary will issue a rule under subparagraph
(A)regarding such recommendation; and if the Secretary issues such a rule, whether the Secretary will deviate from such recommendation through such rule. If the Secretary decides not to issue a rule under subparagraph
(A)regarding a recommendation under paragraph
(1)or decides to deviate from such recommendation in such a rule, the Secretary shall have 90 days after receiving such recommendation to issue a statement explaining the decision. No standard included in a rule issued under subparagraph
(A)may be for a minimum wage rate that is less than any minimum wage rate in effect for domestic workers under State or local law or the wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). Any standard for a minimum wage rate included in a rule issued under subparagraph
(A)shall be increased annually based on the annual change in the median hourly wage of all employees as determined by the Bureau of Labor Statistics and may not be decreased. If the Board does not include, in the recommendations submitted under paragraph (1), a recommended standard to raise the minimum wage rate for domestic workers, or the Board in the recommendations includes such a recommended standard but the Secretary decides not to issue a rule based on the recommended standard, the Secretary shall, through a rule issued not later than 1 year after the issuance of the Board's recommendations under paragraph (1), provide that the minimum wage rate shall be increased annually based on the annual change in the median hourly wage of all employees as determined by the Bureau of Labor Statistics, in accordance with subclause (I). No standard included in a rule issued under subparagraph
(A)may be for a workplace standard that is less protective of domestic workers than any law in effect on the date of enactment of this Act for domestic workers under any State or local law. For any recommendation made by the Board under paragraph
(1)that the Secretary determines is not within the authority of the Secretary, the Secretary shall make a recommendation to Congress to take action on the recommendation. Not later than 1 year after such a recommendation is made by the Secretary to Congress under subparagraph (A), Congress shall conduct a hearing on and investigate the recommendation. This paragraph is enacted by Congress— as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. The Board may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this section. The Board shall, prior to issuing any recommendation under this section, hold public hearings to enable domestic workers across the United States to have access to the Board. Any such public hearing shall— be held at such a time, in such a location, and in such a facility that ensures accessibility for domestic workers; include interpretation services in the languages most commonly spoken by domestic workers in the geographic region of the hearing; be held in each of the regions served by the regional offices of the Wage and Hour Division of the Department of Labor; and include worker organizations in helping to populate the hearings. The Board may secure directly from a Federal agency such information as the Board considers necessary to carry out this section. On request of the Chairperson of the Board, the head of the agency shall provide the information to the Board. The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. The Board may accept, use, and dispose of gifts or donations of services or property. A member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. The Chairperson of the Board may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Board to perform the duties of the Board. The Secretary shall, in accordance with subparagraph (A), designate no fewer than 2 full-time staff members to support the operation of the Board through logistical, administrative, and legislative activities. The employment of an executive director shall be subject to confirmation by the Board. Except as provided in clause (ii), the Chairperson of the Board may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. An employee of the Federal Government may be detailed to the Board without reimbursement. The detail of the employee shall be without interruption or loss of civil service status or privilege. The Chairperson of the Board may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. Neither the nomination by an eligible worker organization of 1 or more individuals to serve as members of the Board, nor service on the Board by a representative of an eligible worker organization, shall— make the eligible worker organization subject to the reporting requirements for labor organizations under title II of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431 et seq.); or be considered as a factor in any determination of whether the eligible worker organization is subject to such reporting requirements. For purposes of this subsection, the term eligible worker organization has the meaning given such term in subsection (b)(2)(D). No domestic work hiring entity may take any action prohibited under paragraph
(6)of section 117(b) with respect to a domestic worker participating as a member of, or taking an action described in paragraph
(7)of such section with respect to, the Board. Nothing in this section shall preempt a State or local law with greater protections for domestic workers than the protections for such workers included in a standard issued through a rule under subsection (e)(2). Nothing in this section shall be construed to diminish the obligation of a domestic work hiring entity to comply with any contract, collective bargaining agreement, or any domestic worker benefit program or plan that provides greater rights or benefits to domestic workers than the rights established under this Act. The rights established for domestic workers under this section shall not be diminished by any contract, collective bargaining agreement, or any benefit program or plan. Section 6(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(f) ) is amended— in paragraph (2), by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and adjusting the margins accordingly; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and adjusting the margins accordingly; by striking Any employee and inserting
(1)Subject to paragraph (2), any employee ; and by adding at the end the following: The Secretary may, through a rule issued under section 201(e)(2) of the Domestic Workers Bill of Rights Act , establish a standard for requiring an employer to pay any employee who in any workweek is employed in domestic service in a household a minimum wage at a rate provided for under such rule. .
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Sec. 201
Domestic worker wage and standards board
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