HOUSE DOCKET, NO. 4835        FILED ON: 1/27/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4564

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Moran

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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 and host families.

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PETITION OF:

HOUSE DOCKET, NO. 4835        FILED ON: 1/27/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4564

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to au pairs and host families.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect the Au Pair host family employer from private right of action and ensure the sponsor agency assist a host family employer to ensure compliance with state labor laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. Subsection (a) of section 190 of chapter 149 of the General Laws , as appearing in the 2018 Official Edition, is hereby amended by inserting before the definition of “Domestic worker” the following definition:-

“Au pair”, an au pair participant who has been granted a J-1 visa solely for participation in the federal Department of State-designated exchange visitor program governed by 22 CFR section 62.31.

SECTION 2. Said subsection (a) of said section 190, as so appearing, is hereby further amended by inserting after the definition of “Forced services” the following definition:-

“Host family”, an employer of an au pair who is participating as a host family in the United States Department of State exchange visitor program governed by 22 C.F.R. section 62.31.

SECTION 3. Said subsection (a) of said section 190, as so appearing, is hereby further amended by inserting after the definition of “Rest or “period of rest” the following definition:-

“Sponsor agency”, an entity designated by the United States Department of State to conduct an au pair exchange program in the exchange visitor program governed by 22 C.F.R. section 62.31 shall be treated as an employer of an au pair participating in the exchange visitor program.

SECTION 4. Said section 190, as so appearing, is hereby amended by adding the following subsection:-

(p) A host family shall be subject to section 150 or section 20 of chapter 151 after December 6, 2019 except for a host family with an existing signed sponsor agency agreement provided that the agreement shall not extend beyond one year of the date of signing such agreement or December 6, 2020 whichever comes first; provided further that prior to December 6, 2019 and for existing sponsor agency signed host family agreements not to extend beyond one year of the date of signing of such agreement or December 6, 2020 whichever comes first, the sponsor agency shall be responsible for au pair wage and hour claims subject to this chapter and chapter 151.