Amendment #1083 to H4200

Occupation Clarification

Ms. Ferrante of Gloucester moves to amend the bill by adding the following two sections:

"SECTION XX. 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 XXX. 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."

Additional co-sponsor(s) added to Amendment #1083 to H4200

Occupation Clarification