Anonymous wrote:

Anonymous wrote:OP- who are you and why do you care about an esoteric Appeals court case.

The vast majority of us host parents just continue to roll with the basics of the program for as long as it works for us. Just like a nanny who could potentially quit, if the AP program "quits" or changes dramatically, we'll just move on to Plan B. and as we know, nothing in the court system or State Department changes "quickly" It may be a decade before the AP program is forced to make meaningful changes. Our kids will be in college by then

Well, for MA families it is effective today, so not so esoteric at all... For other states there will most likely be no impact, it is a MA specific law.

Are we sure about this? Wouldn't the requirement to pay minimum wage apply to other states in the 1st Circuit? Not many au pairs in those states, but still...

Anonymous wrote:OP- who are you and why do you care about an esoteric Appeals court case.

The vast majority of us host parents just continue to roll with the basics of the program for as long as it works for us. Just like a nanny who could potentially quit, if the AP program "quits" or changes dramatically, we'll just move on to Plan B. and as we know, nothing in the court system or State Department changes "quickly" It may be a decade before the AP program is forced to make meaningful changes. Our kids will be in college by then

Well, for MA families it is effective today, so not so esoteric at all... For other states there will most likely be no impact, it is a MA specific law.

OP- who are you and why do you care about an esoteric Appeals court case.

The vast majority of us host parents just continue to roll with the basics of the program for as long as it works for us. Just like a nanny who could potentially quit, if the AP program "quits" or changes dramatically, we'll just move on to Plan B. and as we know, nothing in the court system or State Department changes "quickly" It may be a decade before the AP program is forced to make meaningful changes. Our kids will be in college by then

Eh, our ap works less than 20 a week during school year. Summers will be more - but not too bad.

Anonymous wrote:I’m the MA pp. we are getting precious little info except that they will tell us more on Friday. Our BP currently works 25 hrs/week, much of it driving or being on while DS does HW (so very easy “work”), and depending on how this shakes out, we will likely leave the program rather than pay him $13/hr (will be min wage on 1/1) plus agency fee plus 500 for classes plus car and gas for his own use plus his gym and iPhone and tickets wherever we go. BP is an extension and knows well how good he has it. I can imagine he might go home rather than go to another state for the last six months if we end up leaving the program. We just don’t need that much and don’t need to pay so much for the little we get.

Obviously you stop paying all this.

What did agencies say in the email?

Anonymous wrote:I’m the MA pp. we are getting precious little info except that they will tell us more on Friday. Our BP currently works 25 hrs/week, much of it driving or being on while DS does HW (so very easy “work”), and depending on how this shakes out, we will likely leave the program rather than pay him $13/hr (will be min wage on 1/1) plus agency fee plus 500 for classes plus car and gas for his own use plus his gym and iPhone and tickets wherever we go. BP is an extension and knows well how good he has it. I can imagine he might go home rather than go to another state for the last six months if we end up leaving the program. We just don’t need that much and don’t need to pay so much for the little we get.

Sorry PP. Please post an update when you hear more from ccap. I would to know how than pant out.

I’m the MA pp. we are getting precious little info except that they will tell us more on Friday. Our BP currently works 25 hrs/week, much of it driving or being on while DS does HW (so very easy “work”), and depending on how this shakes out, we will likely leave the program rather than pay him $13/hr (will be min wage on 1/1) plus agency fee plus 500 for classes plus car and gas for his own use plus his gym and iPhone and tickets wherever we go. BP is an extension and knows well how good he has it. I can imagine he might go home rather than go to another state for the last six months if we end up leaving the program. We just don’t need that much and don’t need to pay so much for the little we get.

Anonymous wrote:

Anonymous wrote:I live in MA and this is apparently effective for us as of yesterday. So says CCAP.

How much do you get to deduct for room, board, phone, personal gas, etc.?

And does it mean you can actually pay per hour? Or do you have to pay the new hourly wage for all 45 hours even if the au pair works 20?

Anonymous wrote:

Anonymous wrote:I live in MA and this is apparently effective for us as of yesterday. So says CCAP.

How much do you get to deduct for room, board, phone, personal gas, etc.?

NP. I am sure CCAP didn't send much details beside "this applies to you". They are just covering their ass.

With that said, minimum wage will totally be fine if the agencies were not charging us almost 10k fees.
I think the bigger losers here will be the agencies and the au pairs.
Families will give up the flexibilities of APs and do after care nannies, or after care programs, flex schedule or whatever other people do.

Also the DoS should probably review the au pair program rules in this case:
No more Educational component required,
no more 1.5 days off,
family only pays for the time they use.
Room and board deduction.
Family should Not need to provide food etc.

It will take time to trickle down to other states but if this happens that is probably the end of it.
In most countries, families only pays max $1000 agency fees and pay APs the minimum wage. This makes sense to me!

Anonymous wrote:I live in MA and this is apparently effective for us as of yesterday. So says CCAP.

How much do you get to deduct for room, board, phone, personal gas, etc.?

I live in MA and this is apparently effective for us as of yesterday. So says CCAP.

Dont overreact - this isnt meaninful for many years.

A link, since the OP didn't post one:

https://msmagazine.com/2019/12/04/victory-for-au-pairs-in-massachusetts/

Personally, I think there is a decent chance that the pro-business, anti-labor conservative majority on the Supreme Court overrules this decision and lets the program continue without being subject to state minimum wage laws.

A federal appeals court has ruled that U.S. Department of State regulations setting minimum pay for au pairs who travel to the U.S. to provide childcare for families do not preempt a Massachusetts law that provides a host of protections to domestic workers.

A unanimous three-judge panel of the 1st U.S. Circuit Court of Appeals on Monday said the 2014 state law does not interfere with the federal au pair program’s goal of promoting cultural exchange, and rejected claims by au pair agency Cultural Care Inc that au pairs are more like exchange students than employees covered by the law.