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Code · BILL · 118th Congress · S. 4120 (Introduced in Senate) — To support the direct care professional workforce, and for other purposes. · Sec. 312

Sec. 312. Written agreements

1,355 words·~6 min read·/bill/118/s/4120/is/section-312·

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In this section, the term covered direct care professional means any direct care professional to whom the covered entity expects to provide compensation for the performance of long-term care services by the covered direct care professional for not less than 8 hours per week. Each covered entity shall provide a written agreement in accordance with this section to each covered direct care professional who is provided compensation, directly or indirectly, by the covered entity for the performance of long-term care services.
A written agreement required under this section shall— be signed and dated by the covered direct care professional and the covered entity; be written in a language easily and fully understood by the covered direct care professional and the covered entity, which may be in multiple languages if the covered direct care professional 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 direct care professional not later than 5 calendar days after the date on which the covered direct care professional is hired by the covered entity.
The contents described in this subsection shall include each of the following: The full name, address, and contact information of the covered entity, including, as appropriate, any doing business as name of the entity and the name of each individual of the entity who will be doing business with the covered direct care professional. The address for the location where the covered direct care professional will be providing long-term care services for the covered entity. All responsibilities to be performed by the covered direct care professional for the covered entity, and the regularity in which such responsibilities are to be performed.
The regular rate of pay of the covered direct care professional for any work week, including any overtime compensation due. The day of the week when the covered direct care professional 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 direct care professional begins; meal and rest breaks described in section 316; time off; the work schedule of the covered direct care professional at the time of hire, including— the time of day and the days of the week the covered direct care professional will be expected to work each week for the covered entity; or if the time of day or the days of the week that the covered direct care professional will be expected to work for the covered entity will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered direct care professional will be expected to work for the entity each week, including, at minimum— the average number of hours the covered direct care professional will be expected to work for the entity each week during a typical 90-day period; whether the covered direct care professional can expect to work any on-call shifts for the entity; a subset of days the covered direct care professional can typically expect to work (or to be scheduled as off from work) for the entity; and the amount of notice that the entity will provide to the covered direct care professional in advance of scheduled work hours (as defined in section 313(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 313(e)(1), in a case described in subparagraph
(B)of such section, 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 313(c); and the right to request and receive a change to scheduled work hours due to personal events as described in section 314. If applicable, any policies of the covered entity with respect to the covered direct care professional for paying for or providing reimbursement for— health insurance; transportation, meals, or lodging; and any fees or costs associated with the long-term care services provided by the covered direct care professional for the entity. If applicable, any policies of the covered entity with respect to the covered direct care professional for— annual or other pay increases; severance pay; and providing materials or equipment related to the performance of long-term care services by the covered direct care professional, 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 covered entity pertaining to notice of termination of the covered direct care professional by the entity. In the case of a covered direct care professional who resides in the household of the person for whom the covered direct care professional provides long-term care services— the circumstances under which the covered entity may enter the designated living space of the covered direct care professional; the circumstances under which the covered direct care professional, in a shared living arrangement, may enter the designated living space of the covered entity; and a description of certain circumstances the covered entity determines as cause for— immediate termination of the covered direct care professional; and removal of the covered direct care professional from the household of the person for whom the covered direct care professional provides long-term care services not later than 48 hours after notice of the termination. Any additional benefits afforded to the covered direct care professional by the covered entity. The process for the covered direct care professional to raise or address grievances with respect to, or breaches of, the written agreement. The process used by the covered 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 covered direct care professional. A written agreement required under this section may not— contain— a mandatory pre-dispute arbitration agreement for claims made by a covered direct care professional against a covered entity regarding the legal rights of the covered direct care professional; or a non-disclosure agreement, non-compete agreement, or non-disparagement agreement, limiting the ability of the covered direct care professional to seek compensation for performing long-term care services after the covered direct care professional ceases to receive compensation from the covered entity for the performance of long-term care services; and be construed to waive the rights or protections of a covered direct care professional under Federal, State, or local law. A covered entity shall provide a written agreement required under this section— to each covered direct care professional hired after the date of enactment of this Act, prior to the first day the covered direct care professional performs long-term care services for the entity; and to each covered direct care professional 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 covered entity makes a change to a written agreement provided to a covered direct care professional under this section, the entity shall provide the covered direct care professional with an updated agreement in accordance with this section. A covered entity that is required to provide a written agreement under this section to a covered direct care professional shall retain such agreement for a period of not less than 3 years from the date on which the covered direct care professional 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 covered direct care professionals, 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).
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