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. 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 not later than 48 hours after such termination; and not less than 30 calendar days of lodging at— the household premises of the employer, as customarily provided by the employer; or another premise of a comparable lodging condition; or severance pay in an amount equivalent to the average earnings of the live-in domestic employee for 2 weeks of employment during 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 48 hours after the notice provided under paragraph (1)(A) to vacate the household of the employer. 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 family of the employer, or any individual residing in the household of the employer. A good faith allegation described in this subparagraph shall be— made in writing and provided to the live-in domestic employee not later than 48 hours after the employer has knowledge of the conduct of the live-in domestic employee resulting in the allegation; 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 live-in domestic employee with the ability, and reasonable opportunity, to access telephone and internet services in accordance with paragraph (2); and without interference by the employer, permit the live-in domestic employee to send and receive communications by text message, social media, electronic or regular mail, and telephone calls. If an employer requires an employee to be a live-in domestic employee and 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 requires an employee to be a live-in domestic employee and 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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