Sec. 3. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act— the terms commerce , employ , employee , employer , enterprise , enterprise engaged in commerce or in the production of goods for commerce , goods , person , and State have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ); and the term regular rate has the meaning given such term in section 7(e) of such Act ( 29 U.S.C. 207(e) ). In this Act: The term career pathway has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term child — means an individual who is under 18 years of age; and includes an individual described in subparagraph

(A)who is— a biological, foster, or adopted child; a stepchild; a child of a domestic partner; a legal ward; or a child of a person standing in loco parentis. The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. The term committed relationship for purposes of subparagraph (A)— means a relationship between 2 individuals, each at least 18 years of age, in which both individuals share responsibility for a significant measure of each other's common welfare; and includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. The term domestic services — means services— of a household nature; provided in interstate commerce; and performed by an individual in or about a private home (permanent or temporary); and includes services performed by individuals such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides or assistants, and chauffeurs of automobiles for family use. The term domestic worker — means, except as provided in subparagraph (B), an individual, including an employee, who is compensated directly or indirectly for the performance of domestic services; and does not include— an individual who is a family member, friend, neighbor, or parent of a child and who provides child care for the child in the child's home; any individual who is— an employee of a family child care provider; or a family child care provider; and any employee described in section 13(a)(15) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(15) ). The term domestic work hiring entity — means any person who provides compensation directly or indirectly to a domestic worker for the performance of domestic services; and includes— a person acting directly or indirectly in the interest of a hiring entity in relation to a domestic worker; and an employer of a domestic worker. The term family child care provider means 1 or more individuals who provide child care services, in a private residence other than the residence of the child receiving the services, for fewer than 24 hours per day for the child (unless the nature of the work of the parent of the child requires 24-hour care). The term Medicaid HCBS-eligible elderly individual means an individual who— is 65 years of age or older; is eligible for and enrolled for medical assistance for any of the following services (whether provided on a fee-for-service, risk, or other basis) under a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) (including any waiver or demonstration under such title or under section 1115 of such Act ( 42 U.S.C. 1315 ) relating to such title), and includes an individual who becomes eligible for medical assistance under a State Medicaid program when removed from a waiting list: Home health care services authorized under paragraph

(7)of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ). Personal care services authorized under paragraph

(24)of such section. PACE services authorized under paragraph

(26)of such section. Home and community-based services authorized under subsections (b), (c), (i), (j), and

(k)of section 1915 of such Act ( 42 U.S.C. 1396n ), such services authorized under a waiver under section 1115 of such Act ( 42 U.S.C. 1315 ), and such services provided through coverage authorized under section 1937 of such Act ( 42 U.S.C. 1396u–7 ). Case management services authorized under section 1905(a)(19) of the Social Security Act ( 42 U.S.C. 1396d(a)(19) ) and section 1915(g) of such Act ( 42 U.S.C. 1396n(g) ). Rehabilitative services, including those related to behavioral health, described in section 1905(a)(13) of such Act ( 42 U.S.C. 1396d(a)(13) ). Such other services specified by the Secretary of Health and Human Services. The term parent , with respect to a parent of a domestic worker, means a biological, foster, or adoptive parent of a domestic worker, a stepparent of a domestic worker, parent-in-law of a domestic worker, parent of a domestic partner of a domestic worker, or a legal guardian or other person who stood in loco parentis to the domestic worker when the worker was a child. The term personal care aide or assistant means an individual who provides personal care services. The term personal care services means assistance provided to an individual who is not an inpatient or resident of a hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities, or institution for mental disease that enables the recipient to accomplish activities of daily living or instrumental activities of daily living. The term Secretary means the Secretary of Labor. The term self-directed care , with respect to an individual, means services for the individual that are planned and purchased under the direction and control of the individual, including the amount, duration, scope, provider, and location of the services. The term shared living arrangement means a living arrangement involving— not more than 2 individuals who are an individual with a disability or a Medicaid HCBS-eligible elderly individual, except if 1 or more of the individuals are related to each other (by blood or a close association that is equivalent to a family relationship); an individual providing services for compensation and living in the private home of the recipient of such services; an individual receiving funding through a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), or another publicly funded program; a stipend or room and board as the primary form of payment for the individual providing such services; and the individual receiving such services having the final decision regarding who is the provider of such services living with the individual, through a consumer-driven matching process that includes relationship building, person-centered planning as defined by the Administrator of the Centers for Medicare & Medicaid Services, and an assessment of individual compatibility. The term spouse , with respect to a domestic worker, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated.

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