HOUSE DOCKET, NO. 4524        FILED ON: 2/11/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4053

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark J. Cusack

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to au pairs in the Commonwealth of Massachusetts.

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PETITION OF:

HOUSE DOCKET, NO. 4524        FILED ON: 2/11/2016

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4053

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to au pairs in the Commonwealth of Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of Chapter 151 of the Massachusetts General Laws, as recently amended by Chapter 144 of the Acts of 2014, is hereby further amended in the definition of “occupation” by inserting at the end thereof the following:

Occupation shall also not include work being performed by an 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.

SECTION 2. Subsection (a) of Section 190 of Chapter 149 of the Massachusetts General Laws, as most recently amended by Section 112 of Chapter 46 of the Acts of 2015, is hereby further amended by striking out the definition of “domestic worker” and inserting in place thereof the following:

“Domestic worker”, an individual or employee who is paid by an employer to perform work of a domestic nature within a household including, but not limited to: (i) housekeeping; (ii) house cleaning; (iii) home management; (iv) nanny services; (v) caretaking of individuals in the home, including sick, convalescing, and elderly individuals; (vi) laundering; (vii) cooking; (viii) home companion services; and (ix) other household services for members of households or their guests in private homes; provided however, that “domestic worker” shall not include: (A) a personal care attendant; (B) an individual whose vocation is not childcare and whose services for employer primarily consist of childcare on a casual, intermittent and irregular basis for a family or household member; or (C) any individual participating in an au pair program subject to regulations under United States Department of State’s Exchange Visitor Program, 22 C.F.R. 62.31.