Summary of new proposed AP rules from State Dep't

[Anonymous]

Anyone seen a good summary? I saw the language about the wage is the highest of you state, federal or local laws.

But what else?

[Anonymous]

If this goes through, does that mean the new stipend can go as high as $765 per week?

If so, that effectively all but kills the program in DC entirely.

[Anonymous]

Anonymous wrote:If this goes through, does that mean the new stipend can go as high as $765 per week?

If so, that effectively all but kills the program in DC entirely.

$18 x 40h - $130 deduction for "room and board" = $590/week for full time au pair
$18 x 31h - $130 = $428/week for part time au pair
Your au pair is either classified as full time or part time. You still pay the full amount per the classification regardless of how many hours per week is used.
Ridiculously, the families would now have the added burden of "tracking" au pair meals, so that if the au pair eats fewer meals per week, then the $130/week deduction for room and board decreases.

LCC can only manage up to 15 APs if part time LCC. 30 if full time. Most LCCs now manage more than that. There are increased reporting requirements for the agencies, so expect the fees to go up.

There are other rules proposed, many ridiculous. Like the au pair solely chooses when they take their vacation and is not required to provide a host family any notice (the suggestion is 4 weeks notice).

The schedule is determined a year in advance and if there are any changes, then the LCC has to be involved and the au pair has to approve. Exact duties have to be written down, so if you forget something, too bad so sad. (For example - if you require that baby bottles are cleaned, and you didn't specify that they be sterilized well you're SOL).
Blackout hours of 11pm-5am. So if are a nurse, firefighter, or doctor for example and you get home from your shift at 1130.. well you need to find child care for that last half hour.

I agree that this effectively kills the program in HCOL areas. Many families that can afford the increased stipend don't want to deal with the loss of hours, flexibility and the new headaches.

[Anonymous]

So under the new rules, I just also keep paying for gas, phone, car insurance, gym and all the other extra costs I pay for, or can these things be deducted from the cushier wage?

[Anonymous]

If these regs do get approved, when would they go into effect? (I know the deadline to comment is in Dec.)

[Anonymous]

I believe 180 days after they are enacted.

[Anonymous]

This is our last year hosting so the new rules won't affect us, but they will kill the program and it makes me a bit sad. We are on AP #9, and we have loved hosting. We are still very close to all of our former au pairs. They come to visit, we visit them when we are in Europe, they truly became family to us. Monetary implications aside, the new rules change the spirit of the program from a cultural exchange and welcoming a new member into your family to a transactional employer/employee relationship.

[Anonymous]

Anonymous wrote:I believe 180 days after they are enacted.

Ok thanks but how soon after the comment period closes would the likely be enacted? Assuming a few months? Just wondering if this will end up a real thing in 2024.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I believe 180 days after they are enacted.

Ok thanks but how soon after the comment period closes would the likely be enacted? Assuming a few months? Just wondering if this will end up a real thing in 2024.

Nobody knows for sure. But it could become a real thing towards the end of 2024/beginning of 2025.

[Anonymous]

There's a reddit thread on this proposal:

https://www.reddit.com/r/Aupairs/comments/17ijh89/us_proposed_au_pair_regulation_update/

The thoughts from that thread is that comments will be processed for 180s days after submission deadline, so around July 1, 2024. Once approved, another 180 days to take effect, so the earliest it will take effect is Jan 2025. There is language in the proposal that says existing contracts will be grandfathered in, but if you're considering extending with the same ap in Feb 2025, for example, then your contract will be the new one.

[Anonymous]

Ouch. This would pretty firmly tip the scales away from an AP for me.

The proposed regulations shift the dynamic of the program from an exchange to something much more in the realm of a foreign worker program. But if that’s the case, I feel like the host family (employer?) should be able to get more say in hiring and recruitment. I frankly don’t see the value proposition under the new rules for taking a chance on a random German on a gap year. On the other hand, I would derive enough value and gladly pay the new rates for someone from my home country, especially if I could do a bit of recruiting/vetting myself.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If this goes through, does that mean the new stipend can go as high as $765 per week?

If so, that effectively all but kills the program in DC entirely.

$18 x 40h - $130 deduction for "room and board" = $590/week for full time au pair
$18 x 31h - $130 = $428/week for part time au pair
Your au pair is either classified as full time or part time. You still pay the full amount per the classification regardless of how many hours per week is used.
Ridiculously, the families would now have the added burden of "tracking" au pair meals, so that if the au pair eats fewer meals per week, then the $130/week deduction for room and board decreases.

LCC can only manage up to 15 APs if part time LCC. 30 if full time. Most LCCs now manage more than that. There are increased reporting requirements for the agencies, so expect the fees to go up.

There are other rules proposed, many ridiculous. Like the au pair solely chooses when they take their vacation and is not required to provide a host family any notice (the suggestion is 4 weeks notice).

The schedule is determined a year in advance and if there are any changes, then the LCC has to be involved and the au pair has to approve. Exact duties have to be written down, so if you forget something, too bad so sad. (For example - if you require that baby bottles are cleaned, and you didn't specify that they be sterilized well you're SOL).
Blackout hours of 11pm-5am. So if are a nurse, firefighter, or doctor for example and you get home from your shift at 1130.. well you need to find child care for that last half hour.

I agree that this effectively kills the program in HCOL areas. Many families that can afford the increased stipend don't want to deal with the loss of hours, flexibility and the new headaches.

On top of the $200 plus per week we pay the agency which will only go up. Mine has.

[Anonymous]

Anonymous wrote:So under the new rules, I just also keep paying for gas, phone, car insurance, gym and all the other extra costs I pay for, or can these things be deducted from the cushier wage?

You shouldn’t provide those anymore. If you deduct you are asking for trouble.

[Anonymous]

40 hours leaves no buffer for commuting. And most people don’t have a 9-5 job. Taking away those 5 hours is not reasonable.

Paid sick days. Wish I had that. This just means effectively 3 plus weeks of vacation.

I am on my last AP. I feel sorry for the rest of you. The AP program did decline significantly in MA when they did something similar.

Someone posted a good point on Reddit. That the AP program will just be for rich families and European APs.

[Anonymous]

Education stipend to $1200.