S.Amdt. 4695

This amendment, submitted by Mr. Kim and Mrs. Murray, aims to change how the Fair Labor Standards Act of 1938 handles minimum wage and overtime for certain caregivers.

The amendment proposes the following changes:

• It modifies Section 13 of the Fair Labor Standards Act to replace the phrase "casual basis in domestic service employment" with "casual basis to provide babysitting services" and repeals subsection (b)(21).

• It adds new definitions to Section 3 of the act:

  • Babysitting services are defined as the custodial care and protection of infants or children in or around their private home. This does not include services by trained personnel like registered, vocational, or practical nurses, or home care workers such as personal care aides and home health aides.
  • Casual basis for babysitting is defined as employment that is intermittent or irregular and is not the individual's vocation. This may include other household work as long as it does not take up more than 20 percent of the total hours worked while providing babysitting services.