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Code · BILL · 119th Congress · H.R. 3971 (Introduced in House) — To enhance the rights of domestic employees, and for other purposes. · Sec. 110

Sec. 110. Written agreements

1,309 words·~6 min read·/bill/119/hr/3971/ih/section-110

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In this section, the term covered domestic employee means any domestic employee to whom the employer of the domestic employee expects to provide compensation for the performance of domestic services by the domestic employee for not less than 8 hours per week. Each employer shall provide a written agreement in accordance with this section to each covered domestic employee employed by the employer. A written agreement required under this section shall— be signed and dated by the covered domestic employee and the employer; be written in— a language easily and fully understood by the covered domestic employee and the employer, which may be in multiple languages if the employee and the employer do not easily and fully understand the same language; and plain language; include the contents described in subsection (d); and be provided in accordance with subsection (e).
The contents described in this subsection shall include each of the following: The full name, address, and contact information of the employer, including, as appropriate, any doing business as name of the employer and the name of each individual of the employer who will be doing business with the covered domestic employee. The address for the location where the covered domestic employee will be providing domestic services for the employer. All responsibilities to be performed by the covered domestic employee for the employer, and the regularity in which such responsibilities are to be performed.
The hourly pay rate of the covered domestic employee for any workweek, including the overtime pay rate. The day of the week when the covered domestic employee will be paid. The required working hours for any workweek, including— the time of day and day of week the work of the covered domestic employee begins; meal and rest breaks described in section 115; time off, including paid holidays and paid vacations; the work schedule of the employee at the time of hire, including— the time of day and the days of the week the covered domestic employee will be expected to work for the employer each week; or if the time of day or the days of the week that the domestic employee will be expected to work for the employer will vary from week to week, information regarding a good faith estimate of the days and hours for which the covered domestic employee will be expected to work for the employer each week, including, at minimum— the average number of hours the covered domestic employee will be expected to work for the employer each week during a typical 90-day period; whether the covered domestic employee can expect to be on-call; a subset of days the covered domestic employee can typically expect to work (or to be scheduled as off from work) for the employer; and the amount of notice that the employer will provide to the domestic employee 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 such section, or in the case of a shared living arrangement), and the manner in which such notice shall be provided; how the employer will provide pay for last-minute changes to scheduled work hours as described in section 112(c); and how the employee can request and receive a change to scheduled work hours due to personal events as described in section 113. Information about policies, procedures, and equipment related to safety and emergencies. The policy of the employer pertaining to notice of termination of the covered domestic employee by the employer. A description of the process for the covered domestic employee to raise or address grievances with respect to, or breaches of, the written agreement, including that the grievance process shall not be construed to be an exhaustion of remedies requirement and shall not prevent the domestic employee from going directly to a relevant enforcement agency or a court to enforce any right conferred by this Act or another law. In the case of a covered domestic employee who resides in the household of the person for whom the domestic employee provides domestic services— the circumstances under which the employer may enter the designated living space of the domestic employee; the circumstances under which the covered domestic employee, in a shared living arrangement, may enter the designated living space of the employer; and a description of certain circumstances the employer determines as cause for— immediate termination of the covered domestic employee; and subject (as applicable) to section 8(b) of the Fair Labor Standards Act of 1938, removal of the covered domestic employee from the household of the person for whom the employee provides domestic services not later than 48 hours after notice of the termination. If applicable, any policies of the employer with respect to the covered domestic employee for— paying for or providing reimbursement for— health insurance; transportation, meals, or lodging; or any fees or costs associated with the domestic services provided by the covered domestic employee for the employer; annual or other pay increases; severance pay; and providing materials or equipment related to the performance of domestic service by the covered domestic employee, including (if applicable) any cleaning supplies provided by the employer. Any other benefits afforded to the covered domestic employee by the employer. A description of the process used by the employer to change any policy described in subparagraphs
(A)through (L), 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 employee. A written agreement required under this section may not— contain— a predispute arbitration agreement (as such term is defined in section 401 of title 9, United States Code) for claims made by a covered domestic employee against an employer regarding the legal rights of the employee; or a nondisclosure agreement, noncompete agreement, or nondisparagement agreement that limits the ability of the covered domestic employee to seek compensation for performing domestic services after the employee ceases to receive compensation from the employer for the performance of domestic services; and be construed to waive the rights or protections of a domestic employee under Federal, State, or local law. An employer shall provide a written agreement required under this section— to each covered domestic employee hired by the employer after the date of enactment of this Act on a day that, at the discretion of the employer, is— not more than 5 days after the covered domestic employee is hired; or the day before the first day that the covered domestic employee performs domestic services for the employer; and to each covered domestic employee hired on or before the date of enactment of this Act, not more than 180 days after such date of enactment. Not later than 30 calendar days after the date on which an employer makes a change to a written agreement provided to a covered domestic employee under this section, the employer shall provide the domestic employee with an updated agreement in accordance with this section. An employer that is required to provide a written agreement under this section to a covered domestic employee shall retain such agreement for a period of not less than 3 years from the date on which the covered domestic employee is no longer working for the employer. 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 employees, including all languages in which the Secretary, acting through the Administrator of the Wage and Hour Division, translates a basic information fact sheet published by the Administrator.
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