On July 28, 2022, the House Education and Labor Subcommittee on Workforce Protections held a hearing, “Essential but Undervalued: Examining Workplace Protections for Domestic Workers.” The hearing explored the important role domestic workers play in our nation’s households and economy, and how these professionals deserve fair pay and policies that provide access to paid sick and family medical leave.

The Subcommittee has determined “domestic workers” are the professionals who care for children, support older adults or family members with disabilities, and care for our homes. Workforce Protections Subcommittee Chair Alma Adams (D-NC), said in her Opening Statement, “Although domestic work is vital to the everyday lives of countless Americans, federal labor laws do not sufficiently protect domestic workers. In fact, employment protections for domestic workers were explicitly carved out of our foundational labor and employment law in the 1930s – the result of racist efforts to exclude industries in which Black workers were concentrated. To this day, domestic workers – who remain overwhelmingly women of color – are denied collective bargaining rights, safety and hazard protections, and protections against discrimination, harassment, or retaliations.”

Chair Adams further stated, “If we want to meet this expected demand and successfully recruit and retain domestic workers to address this care deficit, and if we believe these professionals deserve fair pay and decent working conditions, then we must give greater attention to legislative solutions. To that end, Representative Jayapal’s Domestic Workers Bill of Rights Act (H.R. 4826) would take critical steps to support these invaluable workers.”

Rep. Pramila Jayapal (D-WA), a member of the Workforce Protections Subcommittee, had an opportunity to interject throughout the hearing how the Domestic Workers Bill of Rights Act would provide several rights and protections for domestic workers, including pay and leave rights, and health and safety protections. Further, the bill also requires employers to provide domestic workers with a written agreement covering wages, sick leave, benefits, and other matters. The bill also increases the federal medical assistance percentage (FMAP) for certain Medicaid-funded medical services provided by domestic workers.

Ms. Ai-jen Poo, President, National Domestic Workers Alliance, provided testimony during the hearing on the urgent need for Congress to pass the Domestic Workers Bill of Rights Act. “As we speak, there are millions of working parents and family caregivers counting on nannies, home care workers and cleaners to enable them to work,” said Ms. Poo in her written statement. “This is the work that produces the human potential in our children, the quality of life of our aging elders, and supports the dignity and independence of our loved ones with disabilities. And yet, the jobs are low-quality, low-wage jobs, where women work incredibly hard and still live in poverty, face rampant discrimination and harassment, and find themselves without a simple sick day when a pandemic hits. The Domestic Workers Bill of Rights Act, H.R. 4826 is designed to specifically address this reality and finally recognize this essential workforce for the dignified profession it is,” said Ms. Poo.

The Ranking Workforce Protections Subcommittee Member, Fred Keller (R-PA), expressed concerns as to whether the Domestic Workers Bill of Rights Act would adequately address wage and hour policies to support domestic workers and their employers. Additionally, Republican members of the subcommittee expressed their opposition to the bill.

Mr. Paul DeCamp, Member of the Firm Epstein, Becker & Green, P.C., provided testimony on how to address the treatment of domestic workers under federal employment statutes. “The legislation seeks to advance clearly laudable and important goals of protecting vulnerable workers in domestic service from a wide range of harms that these individuals should never have to face. This particular bill, however, is not the way to accomplish that result. H.R. 4826 would impose extraordinary costs and burdens on the families who employ these workers far out of proportion to any benefit the workers would receive, while at the same time all but ensuring a constitutional challenge that could result in the sharp curtailing of congressional power under the Commerce Clause. Instead, state and local laws, which have already begun to address these concerns, are the best method to ensure that domestic service workers receive the wages and working conditions that they deserve.” Mr. DeCamp said in his written statement.

Chair Adams ultimately expressed her support to working with her colleagues on improving the lives of domestic workers and ensuring that the Domestic Workers Bill of Rights moves forward in the House.

A recording of the hearing can be viewed here.