Sec. 110. Written agreements
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In this section, the term covered domestic worker means any domestic worker to whom the domestic work hiring entity expects to provide compensation for the performance of domestic services by the domestic worker for not less than 8 hours per week. Each domestic work hiring entity shall provide a written agreement in accordance with this section to each covered domestic worker hired by the entity. A written agreement required under this section shall— be signed and dated by the covered domestic worker and the domestic work hiring entity; be written in a language easily and fully understood by the covered domestic worker and the domestic work hiring entity, which may be in multiple languages if the worker and the entity do not easily and fully understand the same language; and include the contents described in subsection (d).
A copy of the written agreement required under this section shall be provided to the covered domestic worker not later than 5 calendar days after the date on which the covered domestic worker is hired by the domestic work hiring entity. The contents described in this subsection shall include each of the following: The full name, address, and contact information of the domestic work hiring entity, including, as appropriate, any doing business as name of the entity and the name of each individual of the domestic work hiring entity who will be doing business with the covered domestic worker.
The address for the location where the covered domestic worker will be providing domestic services for the domestic work hiring entity. All responsibilities to be performed by the covered domestic worker for the domestic work hiring entity, and the regularity in which such responsibilities are to be performed. The regular rate of pay of the covered domestic worker for any work week, including any overtime compensation due. The day of the week when the covered domestic worker will be paid.
The required working hours for any work week, including— the time of day and day of week the work of the covered domestic worker begins; meal and rest breaks described in section 115; time off; the work schedule of the worker at the time of hire, including— the time of day and the days of the week the covered domestic worker will be expected to work for the domestic work hiring entity each week; or if the time of day or the days of the week that the domestic worker will be expected to work for the domestic work hiring entity will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered domestic worker will be expected to work for the domestic work hiring entity each week, including, at minimum— the average number of hours the covered domestic worker will be expected to work for the domestic work hiring entity each week during a typical 90-day period; whether the covered domestic worker can expect to work any on-call shifts, as defined in paragraph (3), for the domestic work hiring entity; a subset of days the covered domestic worker can typically expect to work (or to be scheduled as off from work) for the domestic work hiring entity; and the amount of notice that the domestic work hiring entity will provide to the domestic worker in advance of scheduled work hours (as defined in section 112(a)), which shall not be less than 72 hours before such scheduled work hours are to begin (except during a period described in subparagraph
(A)of section 112(e)(1), in a case described in subparagraph
(B)of section 112(e)(1), or in the case of a shared living arrangement), and the manner in which such notice shall be provided; the reporting time pay policy described in section 112(c); and the right to request and receive a change to scheduled work hours due to personal events as described in section 113. If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for paying for or providing reimbursement for— health insurance; transportation, meals, or lodging; and any fees or costs associated with the domestic services provided by the covered domestic worker for the entity. If applicable, any policies of the domestic work hiring entity with respect to the covered domestic worker for— annual or other pay increases; severance pay; and providing materials or equipment related to the performance of domestic service by the covered domestic worker, including (if applicable) any cleaning supplies provided by the entity. Information about policies, procedures, and equipment related to safety and emergencies. The policy of the domestic work hiring entity pertaining to notice of termination of the covered domestic worker by the domestic work hiring entity. In the case of a covered domestic worker who resides in the household of the person for whom the domestic worker provides domestic services— the circumstances under which the domestic work hiring entity may enter the designated living space of the domestic worker; the circumstances under which the covered domestic worker, in a shared living arrangement, may enter the designated living space of the domestic work hiring entity; and a description of certain circumstances the domestic work hiring entity determines as cause for— immediate termination of the covered domestic worker; and subject (as applicable) to section 8(b) of the Fair Labor Standards Act of 1938, removal of the covered domestic worker from the household of the person for whom the worker provides domestic services not later than 48 hours after notice of the termination. Any additional benefits afforded to the covered domestic worker by the domestic work hiring entity. The process for the covered domestic worker to raise or address grievances with respect to, or breaches of, the written agreement. The process used by the domestic work hiring entity to change any policy described in subparagraphs
(A)through (M), including addressing additional compensation if responsibilities are added to those described in subparagraph (C), after the date on which the written agreement is provided to the domestic worker. A written agreement required under this section may not— contain— a mandatory pre-dispute arbitration agreement for claims made by a covered domestic worker against a domestic work hiring entity regarding the legal rights of the worker; or a non-disclosure agreement, non-compete agreement, or non-disparagement agreement, limiting the ability of the covered domestic worker to seek compensation for performing domestic services after the worker ceases to receive compensation from the domestic work hiring entity for the performance of domestic services; and be construed to waive the rights or protections of a domestic worker under Federal, State, or local law. For purposes of paragraph (1)(F)(iv)(II)(bb), the term on-call shift means any time a domestic work hiring entity expects a covered domestic worker to— be available to work; and wait to contact, or be contacted by, the domestic work hiring entity, or a designee of the entity, to determine whether the worker shall report to work during such time. A domestic work hiring entity shall provide a written agreement required under this section— to each covered domestic worker hired after the date of enactment of this Act, prior to the first day the worker performs domestic services for the entity; and to each covered domestic worker hired on or prior to the date of enactment of this Act, 90 days after such date of enactment. Not later than 30 calendar days after the date on which a domestic work hiring entity makes a change to a written agreement provided to a covered domestic worker under this section, the domestic work hiring entity shall provide the domestic worker with an updated agreement in accordance with this section. A domestic work hiring entity that is required to provide a written agreement under this section to a covered domestic worker shall retain such agreement for a period of not less than 3 years from the date on which the covered domestic worker is no longer working for the entity. Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and make available templates for model written agreements under this section. A model written agreement required under paragraph
(1)shall— be available in multiple languages commonly understood by domestic workers, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates the basic information fact sheet published by the Administrator; and not include any agreement described in subsection (d)(2)(A).