SB 974 — AN ACT CONCERNING HOMEMAKER AND COMPANION SERVICES.

(4) "Employee" means any person employed by, or who enters into a contract to perform services for, a homemaker-companion agency, LCO 4281 \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00974-R01 of 5 SB.docx Raised Bill No.

4281974 1 of 5 Raised Bill No.974 including, but not limited to, temporary employees, pool employees and persons treated by such agency as independent contractors.

(7)"Homemaker-companionagency"means(A)any publicor private organization that employs one or more persons and is engaged in the businessofprovidingcompanionservicesorhomemakerservices,or(B)businessofprovidingcompanionservicesorhomemaker services,or(B) any registry.

LCO 4281 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00972 of 5 R01-SB.docx } Raised Bill No.

4281974 2 of 5 Raised Bill No.974 (8) "Registry" means any person or entity engaged in the business of supplying or referring an [individual] employee to or placing an [individual] employee with a consumer to provide homemaker or companion services provided by such [individual] employee, when the [individual] employee providing such services is either (A) directly compensated as an employee, in whole or in part, by the consumer, or (B) treated, referred to or considered by such person or entity as an independent contractor.

Such notice shall be given to the consumer before the commencement of services and such services shall not commence until the registry receives a signed copy of the notice from the consumer, unlessa bonafide emergency existsandsuch registry detailsthedetailsthespecific specific nature of the emergency on a form approved by the department and signed by the consumer or an authorized representative of the consumer.

(b) Each notice provided to a consumer pursuant to subsection (a) of this section shall be written in boldface type and plain language and LCO 4281 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00973 of 5 R01-SB.docx } Raised Bill No.

4281974 3 of 5 Raised Bill No.974 shall comply with the plain language standard detailed in section 42- 152.

(c)For purposesofthispurposes ofthis section,ahomemaker-companionagency that supplies, refersor placesanindependent contractorwithaconsumer for the provision of companion or homemaker services shall be considered a registry, as defined in section 20-670, and shall be required to provide the consumer with a notice pursuant to subsection (a) of this section.

For purposes of this section "covenant not to compete" means any contract or agreement [that restricts the right of an individual to provide] between an individual and a homemaker-companion agency, registry or provider of home health services prohibiting such individual from providing homemaker, companion or home health services [(1) in any geographic area of the state for any period of time, or (2)] to a specific individual, or for a competing homemaker-companion agency, registry or provider of home health services, but does not include any private contract or agreement not to solicit or accept solicitation from LCO 4281 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00974 of 5 R01-SB.docx } Raised Bill No.

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Section 1 October 1, 2021 Section20-670 1October 20-6701, 2021 Sec.

2 October 1, 2021 20-679a Sec.

305 StatementAGE Joint Favorable C/R HS LCO 4281 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00974- 5 of Purpose:5 R01-SB.docx }

To classify individuals referred by homemaker-companion registries as employees of the registries, expand the requirements of consumers who employ homemaker-companions and exempt noncompete contracts of six months or less from a prohibition on noncompete contracts.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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