Anonymous wrote:

Anonymous wrote:I’m the Pp who currently pays $225, once you deduct the $100 a week that CC is going to give you, does that make it a complete wash re: the finances? I was thinking that the $100 from the agency would ensure that we have no additional ‘hit’.

I agree re: the paperwork, that is why I’d have to consider if we would stay with the program. I’m already an overworked, overwhelmed momma, I really can’t manage all of the other ‘noise’ that this ruling would give me. But to that point, I also know using my schools aftercare program would not work for me (I need someone to do the kids laundry (ages 5 and 8) because they are too young, and my husband and I just do not have the time :/)

Wait, why are your kids too young to do laundry?

I’m a nanny. All of my charges start folding washcloths at 2 and matching socks at 3. By 4, they are stripping their beds and washing/drying their own sheets (with help when they wet the bed). Also at 4, they can wash/dry the load of towels. At 5, they are turning clothes right side out, zipping pants and checking pockets. At 6, they’re learning to sort out colors, look for stains and pretreat, and finding tears (pulling items to have an adult decide to keep for old clothes, dispose of donate). By 7, I trust all of my charges to bag (in the wash) and hang athletic clothing to dry before throwing the rest in the dryer. By 8, all of my charges are capable of doing any laundry, though they may need help remembering when to do it.

Are you teaching your children to do housework? Are you teaching them to cook? How about learning to manage their time and get the important things done efficiently so then they can play/have fun?

Anonymous wrote:I’m the Pp who currently pays $225, once you deduct the $100 a week that CC is going to give you, does that make it a complete wash re: the finances? I was thinking that the $100 from the agency would ensure that we have no additional ‘hit’.

I agree re: the paperwork, that is why I’d have to consider if we would stay with the program. I’m already an overworked, overwhelmed momma, I really can’t manage all of the other ‘noise’ that this ruling would give me. But to that point, I also know using my schools aftercare program would not work for me (I need someone to do the kids laundry (ages 5 and 8) because they are too young, and my husband and I just do not have the time :/)

Anonymous wrote:Here is the letter from ccap.
Dear family,
We at Cultural Care Au Pair greatly value you as a member of our hosting community in Massachusetts and appreciate your understanding and patience as we all seek to understand the recent ruling by the Court of Appeals for the First Circuit. Per our email earlier this week, the Court ruled that the Massachusetts Domestic Workers’ Bill of Rights and other state labor laws apply to the federally regulated au pair cultural exchange program. We want to share with you additional information and resources on how the ruling could affect you as a host family while we evaluate options to seek its reversal or modification.

We are reaching out to your au pair as well to make sure that they are informed. We understand that social media channels have already led to many au pairs being aware of this update. We want to be fully transparent with you and have included a copy of this communication for your reference.


What happened?

For the more than 30 years since the U.S. Government created the federal au pair cultural exchange program, it had been overseen by the U.S. Department of State and exclusively regulated by the State Department regulations. Out of concern for the potential effects that the Massachusetts Domestic Workers’ Bill of Rights law would have on the au pair program in Massachusetts, Cultural Care sought a declaratory judgment action in federal court to confirm our understanding that the U.S. State Department regulations exclusively govern the terms and conditions of the au pair program. The district court ruled against our position, and we appealed to the U.S. Court of Appeals for the First Circuit.

On appeal, and at the Court’s request, the U.S. Government took the rare step of filing a brief providing the federal government’s position on this important legal question. The U.S. Government’s brief unequivocally supported the position advanced by Cultural Care regarding the cultural and educational nature of the au pair program, its importance to federal foreign policy goals, and that the comprehensive federal regulations left no room for differing state and local labor laws.

On December 2, 2019, the U.S. Court of Appeals for the First Circuit issued its decision. The Court ruled against the position advanced by Cultural Care and supported by the U.S. Government. According to this ruling, hosting families in Massachusetts must comply with the Domestic Workers’ Bill of Rights and other state labor laws, including state minimum wage and overtime requirements, while also participating within the federally regulated au pair program. The Court’s ruling does not provide any guidance on how Massachusetts host families can accomplish this.

Is there an opportunity to appeal this decision?
Yes, we have the option to pursue a further appeal to the U.S. Supreme Court. It is important to note, however, that the U.S. Supreme Court chooses which appeals it wants to accept, so there is no guarantee they would take an appeal of this decision.

Does this ruling only apply to the Cultural Care Au Pair Program?
No, the Court’s ruling applies to all federal au pair programs operating in Massachusetts.

What is the effect of the Court’s ruling for me as a host family in Massachusetts?
This ruling requires Massachusetts host families to comply with the Domestic Workers’ Bill of Rights and other state labor laws as an employer, including by compensating au pairs pursuant to state minimum wage and overtime requirements, unless the ruling is reversed or modified by a further appeal or by subsequent legislative or regulatory action.

The Court’s ruling does not, however, provide guidance on how Massachusetts host families should comply with state labor laws while participating in a federal program governed by federal regulations. For example, Massachusetts host families will still need to comply with the minimum federal stipend amount in the State Department regulations (currently at least $195.75/week) even if an au pair would be entitled to less under Massachusetts state law based on hours actually worked.

Given this complex interplay between the federal stipend minimum and the state labor requirements, we have provided this example to show how Massachusetts host families can attempt to comply with both sets of requirements while thinking through an au pair schedule that works for your budget. The numbers in this chart reflect minimum amounts. You and your au pair can discuss and agree to amounts above these minimums so long as au pairs are not asked to exceed the federal requirements of no more than 10 on-duty hours per day and no more than 45 on-duty hours per week.


Click here for a larger downloadable version of this chart.

What steps should I take as a host family in response to this ruling?

We recommend reviewing the resources provided by the Massachusetts Attorney General’s office on the requirements of an employer in the Domestic Workers’ Bill of Rights and in other state labor laws applicable to domestic workers, which include:
Minimum Wage and Overtime. The current minimum wage is $12/hour, and will be $12.75/hour as of January 2020. Overtime is 1.5x the hourly rate for hours worked over 40 in a workweek.

Permitted Deductions from Minimum Wage. Deductions are permitted for lodging voluntarily accepted (up to $35/week) and for the actual cost of provided meals up to $42/week ($1.50 for breakfast; $2.25 for lunch; and $2.25 for dinner). Families intending to make such deductions should consult the MA Attorney General’s resource page for all of the requirements that would need to be satisfied.

Written Agreement. A written agreement is required if your au pair will provide over 16 hours of childcare services per week. The MA Attorney General’s office provides a sample agreement.

Timesheets are required to show the hours worked and must be acknowledged. The MA Attorney General’s office provides a sample timesheet. Copies of payments made each week need to be retained.

Cultural Care will also be working over the next few weeks to understand the full effects of this ruling on its hosting community in Massachusetts and to make additional, helpful resources available to you.

We recommend you review your childcare schedule as a family and with your au pair to see if you can make any adjustments that would lessen the effect of these changes on your family’s budget. You should also review and clarify on-duty and off-duty hours with your au pair.
We recommend you discuss these changes with your au pair to agree together on any revisions to your family’s childcare schedule and the compensation they will receive for those hours.
What options do I have in light of these changes?

Although we have not yet exhausted all avenues to reverse or modify this ruling, we feel a responsibility to ensure our host families understand the full effects of the Court’s ruling so that you can take steps to be in compliance in the event further efforts are not successful.

We do so with full recognition and understanding that these changes will be hard for many—if not all—of our hosting community here in Massachusetts. Although we hope all of our hosting families in Massachusetts will be able to continue their participation, we also regretfully understand that may not be the case for every family. What follows are options available to Massachusetts families as they consider the next steps for their family.

Option 1: Continue hosting.

Cultural Care is offering Massachusetts host families who continue to host their au pair and finish their current program term together a discount of $100 per unused week left on your current program term from the date of this letter. Host families who elect this option will receive a refund for the aggregate amount of this discount at the conclusion of the current program term. We hope this will help defray some of the impact and help families remain on the program. Please contact our office to confirm your decision to continue the program by emailing followup@culturalcare.com

Option 2: End your program before your au pair arrives.

In the event a Massachusetts family has selected a new au pair who has not yet arrived to their home and they no longer wish to host, Cultural Care will make a one-time exception to its cancellation policy and provide a full refund of any program fees paid for that au pair. Please contact our office and a member of our team will assist you in processing this request.

Option 3: End your family’s current program participation.

For Massachusetts families who are currently hosting an au pair, Cultural Care will make a one-time exception to our cancellation policy and provide a prorated refund of the program fee for all unused weeks remaining on the current program term provided that the host family agrees to up to a 30-day transition period to assist with the rematch of the family’s au pair. A confirmed request for a refund under these terms must be received by Cultural Care by no later than Friday, January 31, 2020. Please contact your LCC to begin this process.

What will happen with my au pair if I decide to end our participation in the program?
It is imperative to the cultural and educational objectives of the au pair program that Cultural Care and host families work together to make any transitions as smooth as possible for au pairs participating in the program in Massachusetts. In the event a family makes the decision to end the program, Cultural Care will attempt to rematch the au pair with another host family and would appreciate as much time as a host family can provide in order to do so.

On behalf of Cultural Care, I want to thank you for being part of our hosting community and for your commitment to cultural and educational exchange. We will continue to provide you updates on these issues as they develop and will inform you as additional resources become available to help.

Sincerely,

Natalie Jordan
Senior Vice President

Cultural Care Au Pair
One Education Street
Cambridge, MA 02141

Anonymous wrote:I’m the Pp who currently pays $225, once you deduct the $100 a week that CC is going to give you, does that make it a complete wash re: the finances? I was thinking that the $100 from the agency would ensure that we have no additional ‘hit’.

I agree re: the paperwork, that is why I’d have to consider if we would stay with the program. I’m already an overworked, overwhelmed momma, I really can’t manage all of the other ‘noise’ that this ruling would give me. But to that point, I also know using my schools aftercare program would not work for me (I need someone to do the kids laundry (ages 5 and 8) because they are too young, and my husband and I just do not have the time :/)

Anonymous wrote:I actually think the letter is pretty well written for the info they they have. Our au pair works 25 hours a week. I’m not sure if we would continue with the program if this affected our state, but it does not seem like it would be a huge jump in pay from what I do now $225/week, to what is required. I’d definitely cut back on some of the other perks (Golds Gym pass, she’s coming with us on our 5 day Disney World trip in April, etc).

Anonymous wrote:Wow, the language of that message from CCAP is so weaselly. The housing has to be "voluntarily accepted" to be deducted? So it sounds like you can't deduct it if the au pair is required to live with you under the rules of the program. And meals "actually provided"? I've had some lazy au pairs who would claim that no meals were "actually provided" if they had to lift a finger to cook or prepare food. What if they choose to eat out all the time? Can you still deduct for meals if there is food in the house they are welcome to eat, but they choose not to?

Anonymous wrote:No way to add an image on here so uploaded the email: https://ibb.co/Zx4CRQY

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: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.

But you get to deduct for other things - phone/car/education/etc.

I'm not sure this is correct. From what I have heard the $500 education is still required, and for the phone and car, if you are requiring your AP to have them for childcare, then you cannot deduct them.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote: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.

But you get to deduct for other things - phone/car/education/etc.