Senate Bill No. 804 – VIRGINIA - Minimum Wage for Au Pairs

[Anonymous]

SB 804 passed the Virginia Senate UNANIMOUSLY. Virginia is heading down the same lane as Massachusetts. This could go for a vote in the house as early as next week. Call, write, visit your state congressman/delegate NOW and explain why au pairs should be exempt!

APIA sent this today:

There is a bill before the Virginia State Legislature that could have a significant, negative impact on au pair host families in Virginia. If passed without an amendment, the bill could make the program less affordable for host families and a less viable option for au pairs who want to experience our country with a local family. As you are aware, au pairs are participants in a federal cultural exchange program that provides superior protections and benefits, including but not limited to, a private room and full board, transportation, educational benefits, and health insurance.

Au Pair in America representatives will be reaching out to State legislators to educate them about the federal au pair program and ask for an express exemption. We now need a ‘choir of voices’ to convince State Legislators to take action.

To preserve this federal program for Virginia families, we ask that you:

Take action now and write to your State Senator and State Representative and ask that they amend:

Senate Bill No. 804 – A Bill to amend and reenact §40.128.9 of the Code of Virginia, relating to employees providing domestic service; minimum wage.

To access your State Senator and State Representative, go to https://whosmy.virginiageneralassembly.gov/.Type in your address and click on ‘Find Now’.

Ask for:

An express exemption from the definition of domestic worker as follows:

“Exclude any individual participating in an au pair program subject to regulations under the United States Department of State’s Exchange Visitor Program, 22 C.F.R. 62.31”

See Sample Template for Additional Text Suggestions

Why is it important to write to your State legislators now?

• It is essential for your elected officials to hear your voices now as the bill can move quickly for Governor approval.

• Without an express exemption, Virginia families who are hosting au pairs in the federally regulated program would be subject to the requirements of the Labor Protections for Domestic Workers, which include paying your au pair Virginia state minimum wage. Unlike domestic workers in Virginia, host families provide a private room and full board, transportation, educational benefits, health insurance and various other household benefits. If J1 visa au pairs receive Virginia minimum wages in addition to all of these federally required benefits it could make this program unaffordable for Virginia families.

• The U.S. Department of State governs the au pair program under a detailed set of well-established regulations, which provide federal safeguards for au pairs (22 C.F.R. 62.31) that far exceed the safeguards in the proposed Virginia state law.

• The cultural exchange component of the program is important for host families and au pairs. What au pairs gain from their year in the U.S. empowers them to secure enhanced educational and professional opportunities after returning to their home country.

Write to your State Senator and State Representative today. Tell them about your experience as a host family and ask that they exempt au pairs that are subject to regulations under the Department of State’s Exchange Visitor Program, 22 C.F.R. 62.31 from the Labor Protections for Domestic Workers.

Thank you for your attention to this critical matter. We will continue to update you on the status of the Bill. We thank you for choosing Au Pair in America to help support your childcare needs and we remain committed to supporting Virginia families in the years to come.

Sincerely,

Jean M. Quinn
Senior Vice President & Director
Au Pair in America

[Anonymous]

What does the bill say about deducing room and board and other expenses? (This still wouldn’t account for the $8500 agency fee)

[Anonymous]

Anonymous wrote:SB 804 passed the Virginia Senate UNANIMOUSLY. Virginia is heading down the same lane as Massachusetts. This could go for a vote in the house as early as next week. Call, write, visit your state congressman/delegate NOW and explain why au pairs should be exempt!

APIA sent this today:

There is a bill before the Virginia State Legislature that could have a significant, negative impact on au pair host families in Virginia. If passed without an amendment, the bill could make the program less affordable for host families and a less viable option for au pairs who want to experience our country with a local family. As you are aware, au pairs are participants in a federal cultural exchange program that provides superior protections and benefits, including but not limited to, a private room and full board, transportation, educational benefits, and health insurance.

Au Pair in America representatives will be reaching out to State legislators to educate them about the federal au pair program and ask for an express exemption. We now need a ‘choir of voices’ to convince State Legislators to take action.

To preserve this federal program for Virginia families, we ask that you:

Take action now and write to your State Senator and State Representative and ask that they amend:

Senate Bill No. 804 – A Bill to amend and reenact §40.128.9 of the Code of Virginia, relating to employees providing domestic service; minimum wage.

To access your State Senator and State Representative, go to https://whosmy.virginiageneralassembly.gov/.Type in your address and click on ‘Find Now’.

Ask for:

An express exemption from the definition of domestic worker as follows:

“Exclude any individual participating in an au pair program subject to regulations under the United States Department of State’s Exchange Visitor Program, 22 C.F.R. 62.31”

See Sample Template for Additional Text Suggestions

Why is it important to write to your State legislators now?

• It is essential for your elected officials to hear your voices now as the bill can move quickly for Governor approval.

• Without an express exemption, Virginia families who are hosting au pairs in the federally regulated program would be subject to the requirements of the Labor Protections for Domestic Workers, which include paying your au pair Virginia state minimum wage. Unlike domestic workers in Virginia, host families provide a private room and full board, transportation, educational benefits, health insurance and various other household benefits. If J1 visa au pairs receive Virginia minimum wages in addition to all of these federally required benefits it could make this program unaffordable for Virginia families.

• The U.S. Department of State governs the au pair program under a detailed set of well-established regulations, which provide federal safeguards for au pairs (22 C.F.R. 62.31) that far exceed the safeguards in the proposed Virginia state law.

• The cultural exchange component of the program is important for host families and au pairs. What au pairs gain from their year in the U.S. empowers them to secure enhanced educational and professional opportunities after returning to their home country.

Write to your State Senator and State Representative today. Tell them about your experience as a host family and ask that they exempt au pairs that are subject to regulations under the Department of State’s Exchange Visitor Program, 22 C.F.R. 62.31 from the Labor Protections for Domestic Workers.

Thank you for your attention to this critical matter. We will continue to update you on the status of the Bill. We thank you for choosing Au Pair in America to help support your childcare needs and we remain committed to supporting Virginia families in the years to come.

Sincerely,

Jean M. Quinn
Senior Vice President & Director
Au Pair in America

This does not sound like a huge deal, but what other catches are there? Virginia minimum wage is 7.25/hr. Unless you are using over 27.5hrs you are not impacted. Honestly if you are using more than that many hours you should be paying a bit more.

Your max weekly is $362.50 and even if you toss in the agency fee and all the other crap, that is still a bargain for 45hrs of flexible live in childcare. Especially since we aren't paying employment taxes.

Now if I lived in a state with a higher minimum wage like MD, hell no, I'd be out.

[Anonymous]

Virginia minimum wage is about to go up and fast. The au pair program will no longer be affordable and will just disappear. It’s a lose/lose situation.

[Anonymous]

Anonymous wrote:What does the bill say about deducing room and board and other expenses? (This still wouldn’t account for the $8500 agency fee)

It says it can be included as wages. In MA only $77/week is allowed to be deducted. Their childcare costs tripled overnight if you need the full 45 hours. Over 45 is overtime. There is a lot of confusion about whether or not they have to file/pay taxes as an employer.

[Anonymous]

UPDATE: Virginia Families – S.804 passed a House subcommittee tonight. There was discussion of the au pair program during the hearing, but they passed the bill on a 5-3 split. It comes before the full Labor & Commerce Committee on Tuesday, Feb 25th.

ACTION – **Please make calls.** There are 1,600 au pairs in Virginia. They need to hear from the families. I spoke with one clerk that said, ‘call your members, the sponsors and Committee members. They need to hear from you across the state.’

BASIC MESSAGE-- I am writing to ask for clarification to S.804 regarding the roughly 1,600 au pairs (J1 visa holders) in Virginia here on a cultural exchange visa. While sponsors of the program believe that this legislation does not include au pairs as they are not domestic workers, specific language excluding them from the legislation would make it abundantly clear and help with the strength of the program. It's best to keep the protections as designated by the Federal program for the visa.

Call your Senator and Delegate. To access your State Senator and State Representative, go to [https://whosmy.virginiageneralassembly.gov](https://whosmy.virginiageneralassembly.gov/?fbclid=IwAR0flxOYOuBnXZDXTe4TER4qXPTYoRPVkL1EwHTRNRAo6u6mP-AUbXG8anM)

LEAD SPONSORS of S804

Senator Jennifer McClellan: [phone]; [[e-mail]](mailto:[e-mail])

Senator John Edwards: [phone]; 540-985-8690; [[e-mail]](mailto:[e-mail])

Senator Ghazala Hashmi: [phone]; [[e-mail]](mailto:[e-mail])

Senator Lionell Spruill: [phone]; [[e-mail]](mailto:[e-mail])

LABOR COMMITTEE MEMBERS

[https://virginiageneralassembly.gov/house/members/members.php?committee=H14](https://virginiageneralassembly.gov/house/members/members.php?committee=H14)

I know it’s a lot of calls to make, but please consider reaching out to as many members as you can from the lists above.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What does the bill say about deducing room and board and other expenses? (This still wouldn’t account for the $8500 agency fee)

It says it can be included as wages. In MA only $77/week is allowed to be deducted. Their childcare costs tripled overnight if you need the full 45 hours. Over 45 is overtime. There is a lot of confusion about whether or not they have to file/pay taxes as an employer.

Typo... over 40 is paid as overtime.

[Anonymous]

Anonymous wrote:Virginia minimum wage is about to go up and fast. The au pair program will no longer be affordable and will just disappear. It’s a lose/lose situation.

In case you aren’t aware of what is about to pass in VA for minimum wage: https://www.google.com/amp/s/www.wtvr.com/news/virginia-politics/bill-that-would-gradually-raise-virginias-minimum-wage-to-15-hour-passes-virginia-house%3F_amp%3Dtrue

[Anonymous]

This all just happened in Massachusetts and look at where they are now. If you are a VA host family call your state representative and the sponsors of the bill!
https://www.google.com/amp/s/www.wgbh.org/news/local-news/2019/12/18/families-with-au-pairs-struggle-to-comply-with-court-ruling%3F_amp%3Dtrue

[Anonymous]

Anonymous wrote:

Anonymous wrote:Virginia minimum wage is about to go up and fast. The au pair program will no longer be affordable and will just disappear. It’s a lose/lose situation.

In case you aren’t aware of what is about to pass in VA for minimum wage: https://www.google.com/amp/s/www.wtvr.com/news/virginia-politics/bill-that-would-gradually-raise-virginias-minimum-wage-to-15-hour-passes-virginia-house%3F_amp%3Dtrue

Yup. We're out. All we need is a driver at this point. I'd rather hire someone this summer for $20/hr to cart the kids around than deal with someone in my home .

[Anonymous]

Here is an easy copy/paste of the entire Labor & Commerce committee as well as the lead sponsors (just add your local reps): [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail], [e-mail]

[Anonymous]

My kids are older and we have a lackluster (generous statement) AuPair. I've felt bad about asking her to go into rematch, but this is a perfect excuse. Good time to exit stage left.

[Anonymous]

APs are deluded if they think it really gets them more. The state and federal gov't will be taking considerably more in taxes, which would have to be deducted from the weekly paycheck, so no more dodging income taxes by simply not filing.

Also, there's a significant conflict of interest in the groups promoting this and including APs. The nannies, housekeepers, etc. want to kill the AP program in the hopes that their services become more in demand because they've gotten rid of lower cost options for families.

[Anonymous]

I don't understand what this means. We use 15/20 hours a week. Would we just pay for the hours we use? Would we no longer pay for cell phone/gym/etc or anything?

[Anonymous]

Anonymous wrote:I don't understand what this means. We use 15/20 hours a week. Would we just pay for the hours we use? Would we no longer pay for cell phone/gym/etc or anything?

No, if it follows the other states thr $200 would still be a minimum, even after deducting for room and board. Cell phone and gym were never a requirement, but it would be pretty foolish not to get your AuPair a cell phone, unless you don't care to reach her when you are not in person.

I certainly wouldn't want my kids out and about with a caregiver that had no way of making calls.