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

Forum Index » Au Pair Discussion

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

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=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[/quote]

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.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics