Massachusetts Domestic Worker Rights Bill and Host

Families in a Federally Regulated Au Pair Program

GENERAL INFORMATION & FREQUENTLY ASKED QUESTIONS

Host families who reside in the State of Massachusetts and participate in a federally regulated au pair program are required to abide by the
Department of States au pair regulations (22 CFR 62.31) and the Massachusetts Domestic Worker Rights Bill (94 CMR 32.00).

The following is a brief summary of notable requirements of the Massachusetts Domestic Worker Rights Bill (MDWRB). For additional
requirements and more information please consult the MDWRB and the “Notice of Rights of Domestic Workers,” which is issued by the
Office of the Attorney General. Links to both are at the bottom of this document.
3 Hourly Pay Requirements: Effective immediately, au pairs in Massachusetts must receive at least the Massachusetts Minimum Wage
for each hour worked in a week up to 40 hours; they must also receive overtime pay at 1.5 x the regular rate of pay for each our
worked in excess of 40 hours.
The Massachusetts Minimum Wage Effective January 1, 2023, is $15.00.
3 Pay deductions: Weekly for meals provided to the au pair may not exceed $42.00 ($1.50 for breakfast, $2.25 for lunch, $2.25 for
dinner) and room deduction that may not exceed $35 per week. Such deductions must be made in conformance with the MDWRB.

RECORD KEEPING REQUIREMENTS:

3 Written Agreement: Au pairs who work more than 16 hours a week must receive a written agreement (that meets the
requirements of the MDWRB.
3 Timesheets: Au pairs are to be given a timesheet that shows number of hours worked each day. The timesheet should be signed or
acknowledged by both the host family and au pair.
3 Paystub: Au pairs are to receive a paystub that shows the number of hours worked each day, the hourly rate, and any deductions
from or additions to the pay.

As required under Federal Regulations

3 Au pairs are to work up to 45 hours per week (30 hours for EduCare), no more than 10 hours per day.
3 Au pairs are to receive at least 1.5 days off per week; one full weekend per month.
3 Au pairs are to receive a furnished private room and full board consisting of 21 meals per week/3 full meals per day.
3 A minimum stipend of $195.75 for au pair, $250.00 for Extraordinaire, $146.81 for EduCare per week regardless of how many hours
of childcare the au pair provides (up to the regulatory maximum of 10 hours per day and 45 hours (30 hours for EduCare) per week.

FREQUENTLY ASKED QUESTIONS

Withholding: Do we have to withhold federal and state taxes from the au pair’s weekly pay?
3 No, unless the au pair asks that federal and state taxes be withheld, you are not required to withhold.
3 According to the IRS, non-immigrants, such as au pairs on a J-visa are not subject to withholding for social security or unemployment.
3 Please consult https://www.irs.gov/individuals/international-taxpayers/au-pairs and your tax advisor for further details.

Education Component: Is the money the host family gives to the au pair to help meet the education component of the au pair program
deductible under the MDWRB?
3 Au pairs are to receive up to $500 ($1,000 for EduCare) to help defray the cost of meeting their education requirement. Host families
cannot take a credit/deduction against the amount paid to their au pair.

Vacation Pay: Can he host family pay the minimum amount as established by the federal au pair regulations au pair program -- $195.75 for
au pair, $250 for Extraordinaire, or $146.81 for EduCare during the weeks the au pair is on vacation?
3 Under federal regulations, au pairs are entitled to a minimum of two weeks paid vacation receiving at least the minimum stipend
required.
3 Vacation is not required under the MDWRB. If it is provided, however, it must be included in the written agreement between the host
family and the au pair.
3 Therefore, the agreement should clearly provide the amount that the family will pay the au pair during vacation weeks. That amount
must be at least $195.75 per week for au pair $250.00 for Extraordinaire, $146.81 for EduCare.

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Transportation Costs: Under federal regulations, what are the minimum transportation costs I must cover for my au pair?
3 You are responsible for the cost of transportation for your au pair to participate in the cultural and educational components of the
program. This would include transportation to classes or transportation to cluster meetings and other events.

What can we deduct from the au pair’s pay?

3 According to “Notice of Rights of Domestic Workers” (refer to link at bottom of this document), “employers are not allowed to
deduct money from an employee’s pay unless the law allows it or the employee asked for the deduction for his/her own benefit.” The
notice includes a list of required and permissible deductions.

Goods/Services: Is the money the host family pays to cover the au pair’s auto insurance deductible from the amount paid to their au pair?
Do we have to continue covering the au pair’s gym or pool membership, or the cost of her phone, her airfare/expenses if she wanted to join
us on our family vacation, gas for her personal use of the car, additional educational/cultural experiences?
It is likely there are a number of goods/services that you generously provide for your au pair as a member of your family in our cultural exchange program.
You may be questioning whether you should continue to extend some of those goods/services in light of the Massachusetts wage laws.
3 If host families provide goods or services to au pairs (e.g. gym/pool memberships, personal air/bus/train travel, gifts etc.) that are not
required under the terms of the Au Pair in America program or Massachusetts law, families can use their discretion to forego these
previously provided goods or services.
3 APIA cannot provide additional guidance on deductions or reimbursement of goods/services. We suggest the host families consult
with their legal counsel regarding this matter.

Is workers compensation required?

3 Yes, unless an au pair will be consistently working fewer than 16 hours per work week. You can attain workers compensation from
GTM Payroll Services or another provider.

Document Resources for Families:

Federal Regulations Governing au pair programs

Massachusetts Attorney General Office’s Notice of Rights of Domestic Workers

Massachusetts Attorney General Office’s Information Page on Domestic Workers Rights
Massachusetts Attorney General’s Regulations Implementing the Domestic Workers’ Bill of Rights Law (940 CMR 32.00)

The information within this document is intended to provide some general guidance to Massachusetts families who participate in or are considering partic-
ipation in an Au Pair in America program. We will supplement with further information as read when it becomes available. It does not, and is not intended
to, constitute legal advice. Instead, the information is provided for general informational purposes only. Au Pair in America recommends families seek further
guidance from their legal counsel and/or tax advisor

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