So says my lawyer spouse who read the ruling. He is seldom wrong about these things. |
There is no law in Ct, or NH or whatever that competes with the Federal law. To repeat what has been said earlier, it is WAY too soon to start have funeral masses for the program. Just wait and see. |
And you can deduct a reasonable amount for room and board etc. So dont really think this will impact most HF in MA - people are so dramatic on this board! It will take months if not years for the regs to be written by the legislature in MA. Also, won't cultural care appeal to Sup Ct? If so, possibly a stay of the circuit court opinion. Nothing will happen soon folks! |
For people in MA this is no joke and actually pretty serious. 1) they have to start minimum wage immediately. 2) room and board deduction (if applies - this is unsure) is $35/week for room and $40/week for board. That is not much offset here. 3) There is no clear guidelines on anything else. Like - a break every 6 hours? Overtime? Does Sunday hours count as overtime? Etc. |
It would be binding on FEDERAL courts within the First Circuit where there is a STATE law that mandates state minimum wage ABOVE the federal minimum wage of $7.25 an hour and/or 1.5 for hours above 40 per week (or, arguendo, mandatory sick leave). It's a very specific fact pattern. And this case and other case law ALLOWS for deductions for room, board, phone, car insurance (e.g., apportionment for personal use), provision of car (e.g., apportionment of car note for AP's personal use), treating the educational credit as a payment, treating any gifts, excursion tickets, etc. as payments. |
I already pay our APs $10/hr minimum. I don’t live in MA but I would be fine moving to $12. $15 and I’d have to reconsider. |
I have got the email and now the pay should be as followed for MA:
10-20 hours= 195.75/week (the minimum doesn't change) 30 hours= $283/week 40 hours= $403/week 45 hours =$493/week |
I forgot to add that this is once room and board has been deducted. |
Not sure about the long run, but I guess most APs who previously held out for CA and NYC will opt for Boston? Or is your agency upping the stipend across the board? IF so, yes, death of the program for them. |
But you get to deduct for other things - phone/car/education/etc. |
And you now need to start withholding for state tax, so the stipend will actually be lower to the au pair. They may get some of it back under state tax, but will need to pay A LOT more for federal taxes. Yikes! |
But from the amounts above, you can subtract costs (or stop paying, if you want) the gym, phone bill, extras? Not that most HF would do this mid-stream with an existing AP, but that would be the trend, yes? |
I'm in MA and haven't gotten this yet from CCAP. can you please share the whole letter? Thanks! |
No way to add an image on here so uploaded the email: https://ibb.co/Zx4CRQY |
Can you share the rest of the email? |