City of Seattle Au Pair Laws
The city of Seattle passed a Domestic Workers Ordnance law in 2018. Washington state does not currently have a domestic workers bill of rights, however the legislature is actively working towards passing a new law.
DISCLAIMER: Please consult your attorney about your personal legal situation
Advocacy Groups
Are you an au pair or host parent in Washington State? Join the Au Pair Allies to stay up to date with the latest news and take action. The Au Pair Allies are a volunteer group of Au Pairs and Host Families who love the federal au pair program and are passionate about ensuring au pairs are treated fairly and have a great exchange experience in the United States.
Aupair Allies Webpage: https://www.aupairallies.org/
AuPair Allies Facebook Group: https://www.facebook.com/groups/aupairallies/
Summary
- Federal = Federal Au Pair Program
- Code of Federal Regulations, Title 22: Foreign Relations, Part 62.10 and Part 62.31 Current Edition dated 04/01/2012
- William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 went into effect June 21, 2009
- Wilberforce Pamphlet on the Rights and Protections for Temporary Workers.
- Seattle DWO = Seattle Domestic Workers Ordinance
- Domestic Workers Ordinance took effect July 1st, 2019 SHRR 160-260 took effect on November 21, 2019 https://www.seattle.gov/Documents/Departments/LaborStandards/SHRR_160_Rules.pdf
Inclusion/ Exclusion of Au Pairs
Federal:
Regulation is specific to the au pair program.
Seattle DWO:
Au pairs are not explicitly included nor excluded.
Wages and Deductions
Federal:
"Sponsors shall require that au pair participants... are compensated at a weekly rate based upon 45 hours of child care services per week and paid in conformance with the requirements of the Fair Labor Standards Act as interpreted and implemented by the United States Department of Labor."
The pay of au pairs as interpreted by the United States Department of Labor base on the Fair Labor Standards Act is a minimum stipend of $195.75/week for maximum of 45 hours. (The stipend is based on 45 hours per week at the federal minimum wage of $7.25/hour minus 40% for room and board.)
$15.75/hour (or $13.50/hour if the worker receives employer-provided medical benefits)
Time and a half for any hours over 40 per week.
Deductions may be taken from wages when “the worker expressly authorizes the deduction in writing and in advance for a lawful purpose for ‘the benefit of the worker.’ These deductions may reduce the worker’s gross wages below the Seattle minimum wage.”
Hours and Duty Restrictions
Federal:
"Au pair participants are obligated to provide child care services to not more than 10 hours per day or more than 45 hours per week."
Seattle DWO:
N/A
Room and Board
Federal:
"Sponsors shall not...place the au pair with a family who cannot provide the au pair with a suitable private bedroom"
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 provides protections to au pairs on J-1 visas in the USA. Au pairs have "the right to...Housing: If your employer provides housing, it should be clean and safe. You must be allowed to leave your housing during non-working hours. Bathrooms: Bathrooms should be clean and accessible. Your employer should grant you access to bathroom facilities as needed."
Seattle DWO:
N/A
Separation of Employment
Federal:
Au pair agencies require host families to provide room and board for at least two weeks, the majority of the agencies require host families to continue to provide room and board for an au pair until they depart to another family or to their home country.
Seattle DWO:
N/A
Meal Periods and Rest Breaks
Federal:
Au Pairs are on duty, and therefor compensated, when they are not free to leave. On duty hours can not exceed 10 hours per day and 45 hours per week.
Seattle DWO:
Domestic workers are entitled 30 minute unpaid meal periods and 10 minute paid rest periods based on the number of consecutive hours they work.
“A hiring entity must compensate the worker for the missed meal period, as well as an additional 30 minutes of pay. These additional 30 minutes shall be considered hours worked.”
“A hiring entity must compensate the worker for an additional 10 minutes’ of pay for each missed rest break. These additional 10 minutes shall be considered hours worked.”
“Hiring entities may require domestic workers to remain on-call at a prescribed work site during their paid rest breaks provided the purpose of the rest break is not compromised.”
Day of Rest
Federal:
Au pairs "receive a minimum of one and one half days off per week in addition to one complete weekend off each month".
“Domestic workers who are required to work more than six consecutive days for the same hiring entity have the right to an unpaid 24-hour period of consecutive rest.”
Vacation and Sick Time
Federal:
"Au pairs "Receive two weeks of paid vacation"
Sick time is technically unlimited because stipend is paid weekly regardless of hours worked.
Seattle DWO:
N/A
Insurance
Federal:
"Sponsors shall require each exchange visitor to have insurance in effect which covers the exchange visitor for sickness or accident during the period of time that an exchange visitor participates in the sponsor’s exchange visitor program."
Seattle DWO:
N/A
Basic Rights
Federal:
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 provides protections to au pairs on J-1 visas in the USA. Au pairs have "the right to:
- Be paid fairly
- Be free from discrimination
- Be free from sexual harassment and sexual exploitation
- Have a healthy and safe workplace
- Request help from union, immigrant, and labor rights groups
- Leave an abusive employment situation
- Retain their passport and other legal documents...
- Make a formal complaint or file a lawsuit against your employer while you are working or after you leave your employer. If your employer takes action (or retaliates) against you for doing so, they are violating the law.)"
Au pairs are also already covered under Federal, State, and local basic rights laws. For example:
- The right to have possessions of personal effects including their their passports and/or documents.
- The right to not be recorded while using the bathroom, in private living quarters, dressing or changing.
- The right to not be monitored or recorded during private communications.
- The right to not sign a written agreement that waives their rights
- Etc.
Seattle DWO:
“Hiring entities are not allowed to retain a domestic worker’s original documents or other personal effects (e.g. passport).”
“No hiring entity or any other person shall interfere with, restrain, deny, or attempt to deny the exercise of any right protected under this Chapter 14.23.”
“No hiring entity or any other person shall take any adverse action against any person because the person has exercised in good faith the rights protected under this Chapter 14.23.”
Participant Monitoring
Federal:
"Local organization representatives are
(1) required to be within "one hour’s driving time"
(2) "authorized to act on the sponsor’s behalf in both routine and emergency matters"
(3) "maintain a record of all personal monthly contacts (or more frequently as required) with each au pair and host family"
(4) "provided adequate support services by a regional organizational representative"
(5) "responsible for no more than fifteen au pairs and host families" if they are "not devoting their full time and attention to their program obligations."
Local organization representatives are
(1) required to be within "one hour’s driving time"
(2) "authorized to act on the sponsor’s behalf in both routine and emergency matters"
(3) "maintain a record of all personal monthly contacts (or more frequently as required) with each au pair and host family"
(4) "provided adequate support services by a regional organizational representative"
(5) "responsible for no more than fifteen au pairs and host families" if they are "not devoting their full time and attention to their program obligations."
Seattle DWO:
N/A
Written Contract
Federal:
"Sponsors shall not...place an au pair with a host family unless a written agreement between the au pair and the host family detailing the au pair’s obligation to provide child care has been signed by both the au pair and the host family prior to the au pair’s departure from his or her home country...Such agreement shall limit the obligation to provide child care services to not more than 10 hours per day or more than 45 hours per week."
Seattle DWO:
N/A
Au Pair’s Rights to Information
Federal:
"Sponsors shall provide au pairs, prior to their departure from the home country, with the following information:
(1) A copy of all operating procedures, rules, and regulations, including a grievance process, which govern the
au pair’s participation in the exchange program;
(2) A detailed profile of the family and community in which the au pair will be placed;
(3) A detailed profile of the educational institutions in the community where the au pair will be placed, including the financial cost of attendance at these institutions;
(4) A detailed summary of travel arrangements; and
(5) A copy of the Department of State’s written statement and brochure regarding the au pair program."
"Sponsors shall...provide informational materials to prospective exchange visitors which clearly explain the activities, costs, conditions, and restrictions of the program;"
"Sponsors shall provide exchange visitors with pre-arrival materials including, but not limited to, information on:
(1) The purpose of the Exchange Visitor Program;
(2) Home-country physical presence requirement;
(3) Travel and entry into the United States;
(4) Housing;
(5) Fees payable to the sponsor;
(6) Other costs that the exchange visitor will likely incur (e.g., living expenses) while in the United States;
(7) Health care and insurance; and
(8) Other information which will assist exchange visitors to prepare for their stay in the United States."
“Notice of rights and pay information
1. The Agency shall make available a model notice of rights and pay information in English, Spanish, and other languages.
2. The written notice of rights and pay information shall include an explanation of the domestic worker’s rights afforded by this Chapter 14.23 and space for the hiring entity to state the established pay for the provision of domestic services.”
Family’s Rights to Information
Federal:
"Sponsors shall:
(1) Inform all host families of the philosophy, rules, and regulations governing the sponsor’s exchange program and provide all families with a copy of the Department of State’s written statement and brochure regarding the au pair program;
(2) Provide all selected host families with a complete copy of Department of State-promulgated Exchange Visitor Program regulations, including the supplemental information thereto;"
N/A
Reporting Hotline
Federal:
"The State Department has activated a helpline to ensure the health and safety of its exchange participants, including au pairs. All participants have a right to be treated fairly and to report abuse without retaliation or threat of program cancellation. Among other prohibitions, no sponsor may threaten program termination, or otherwise retaliate against an au pair solely because he or she has instituted a complaint or taken action to gain assistance from an outside entity regarding a complaint. Au pairs can contact the State Department at any time via the hotline 1-866-283-9090 or at jvisas@state.gov."
N/A
Au Pair Requirements
Federal:
"All participants in a designated au pair exchange program:
(1) Are between the ages of 18 and 26;
(2) Are a secondary school graduate, or equivalent;
(3) Are proficient in spoken English;
(4) Are capable of fully participating in the program as evidenced by the satisfactory completion of a physical;
(5) Have been personally interviewed, in English, by an organizational representative who shall prepare a report of the interview which shall be provided to the host family; and
(6) Have successfully passed a background investigation that includes verification of school, three, non-family related personal and employment references, a criminal background...and a personality profile."
N/A
Family Requirements
Federal:
"Sponsors shall adequately screen all potential host families and at a minimum shall:
(1) Require that the host parents are U.S. citizens or legal permanent residents;
(2) Require that host parents are fluent in spoken English;
(3) Require that all adult family members resident in the home have been personally interviewed by an organizational representative;
(4) Require that host parents and other adults living full-time in the household have successfully passed a background investigation including employment and personal character references;
(5) Require that the host family have adequate financial resources to undertake all hosting obligations;
(6) Provide a written detailed summary of the exchange program and the parameters of their and the au pair’s duties, participation, and obligations; and
(7) Provide the host family with the prospective au pair participant’s complete application, including all references."
N/A