Victory for Au Pairs and Other Domestic Workers

Court Decision Upholds Domestic Workers Bill of Rights in Massachusetts 

FOR IMMEDIATE RELEASE

December 3, 2019 

Contact: Hana Sarfan, fellow@mataharijustice.org, 617-898-9526

Boston, Massachusetts — After a prolonged legal battle, the First Circuit in Massachusetts has ruled that au pairs in the state are covered by the same set of laws that apply to domestic workers. This decision affirms that au pairs are to be included in the state’s Domestic Workers Bill of Rights, which is one of the most expansive bills in the country protecting the rights of domestic workers, including nannies, house cleaners, and home care workers. 

“We are thrilled to hear about this decision, which upholds the Massachusetts Domestic Worker Bill of Rights in its entirety. Au pairs will be covered by the state’s minimum wage and overtime law without exception,” said Monique Tú Nguyen, Executive Director of Matahari Women Workers’ Center. “This is a huge win for au pairs, who provide crucial live-in child care to families across the state. They do the critical caregiving work that makes all other work possible.” 

“This is the first Domestic Workers Bill of Rights in the country to have been challenged in the courts. It is a tremendous victory to witness it be rightly upheld by the legal system,” said Rocio Avila, state policy director at the National Domestic Workers Alliance. “Au pairs are immigrant workers who come to the United States to provide childcare. Like all working people, they deserve basic labor protections that allow them to work safely and with dignity.”

“Today I can truly say that this is a historic day for au pairs and all other domestic workers. To have been an au pair in Massachusetts without getting paid the minimum was a challenging experience,” said Claudia Villamizar, member-leader of Matahari Au Pair Committee. “Thanks to Matahari's au pair committee and everyone who has worked so hard to continue to protect au pairs. I’m overjoyed to see the Bill of Rights stand." 

BACKGROUND

The Massachusetts Domestic Workers Bill of Rights was passed in 2014. This law was a landmark bill for the state as well as the country. It is a comprehensive law for improving conditions in the domestic work industry, providing clear guidelines for employers and workers. The bill of rights includes rest periods, protections from unauthorized deductions, notice of termination or severance pay for live-in workers and access to parental leave for all domestic workers, including au pairs.

Since then, Cambridge-based Cultural Care Au Pair, a sponsor agency and affiliate of the global corporation, Education First, has led multiple failed attempts to remove au pairs from the protections of this law.

Although au pairs are legally classified as cultural exchange visitors, they work up to 45 hours per week to provide essential childcare services to host families, usually receiving weekly stipends of $195.75, or what amounts to $4.35 per hour. 

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Matahari Women Workers’ Center is a Boston-based community organization, working to end gender-based violence and exploitation. Founded in 2002, Matahari is a leading force in advancing the rights of women workers, immigrant families, and survivors of violence and exploitation. Matahari was instrumental in passing the 2014 Massachusetts Domestic Worker Bill of Rights, which extends basic labor protections to nannies, au pairs, adult caregivers, and house cleaners.

National Domestic Workers Alliance (NDWA) is the leading voice for dignity and fairness for millions of domestic workers in the United States. Founded in 2007, NDWA works for respect, recognition and inclusion in labor protections for domestic workers, the majority of whom are immigrants and women of color. NDWA is powered by over 60 affiliate organizations and local chapters and by a growing membership base of nannies, house cleaners and care workers in over 20 states. NDWA has created Alia, an online platform to help domestic workers access benefits, not otherwise granted to them, in addition to proposing a National Domestic Workers Bill of Rights with Senator Kamala Harris and Congresswoman Pramila Jayapal.