NY State Senate Bill 2021-S4337

Senate Bill S4337

2021-2022 Legislative Session

Includes individuals participating in an au pair program under the definition of domestic worker

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2021	recommit, enacting clause stricken
Feb 03, 2021	referred to labor

co-Sponsors

2021-S4337 (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Amd §2, Lab L

2021-S4337 (ACTIVE) - Summary

Includes individuals participating in an au pair program under the definition of domestic worker.

2021-S4337 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4337

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to including au pair workers
under the definition of domestic worker

 
PURPOSE OR GENERAL IDEA OF BILL:

Provide Au Pair workers with basic rights.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends sect 2 of the labor to change the definition of domes-
tic worker to include individuals participating in au pair programs as
regulated by the US Dept of State's Exchange Visitor Program.

Section 2 states this act shall take effect immediately.

JUSTIFICATION:

Across the country au pairs are paid a stipend of $196 a week for a
maximum 45 hours of work, in addition to receiving room and board.
Reports have shown though that many au pairs end up working at all hours
of the day, under harsh conditions as full time caregivers to chil-
dren.(1) Like other guest worker visa programs, the program is rife with
exploitation because of the precarity and dependence that au pairs have
on their employers. Senator Bernie Sanders called the program "a scam"
that claims to be about a cultural exchange, but isn't really.

Recently a court ruling in Massachusetts determined that all au pairs
should be treated as domestic workers and granted basic rights including
being paid the minimum wage. (2)

This legislation would treat au pairs as domestic workers and grant New
York State au pairs in the state basic labor rights.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) https://www.politico.com/ma gazine/story/2017/03/au-pair-program-
abuse-state-department214956
(2)https://www.nytimes.corn/2020/01/08/us/ au-pair-massachusetts-rul-
ing.html

2021-S4337 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4337
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to including au pair  workers
   under the definition of domestic worker
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
 chapter 481 of the laws of 2010, is amended to read as follows:
   16.  "Domestic worker" shall mean a person employed in a home or resi-
 dence for the purpose of caring for a child, serving as a companion  for
 a  sick,  convalescing or elderly person, housekeeping, or for any other
 domestic service purpose, INCLUDING 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. "Domestic worker"
 does not include any individual (a) working on a casual basis,  (b)  who
 is  engaged in providing companionship services, as defined in paragraph
 fifteen of subdivision (a) of section 213 of the  fair  labor  standards
 act of 1938, and who is employed by an employer or agency other than the
 family  or household using his or her services, or (c) who is a relative
 through blood, marriage or adoption of: (1) the  employer;  or  (2)  the
 person for whom the worker is delivering services under a program funded
 or administered by federal, state or local government.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02227-01-1

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Senate Bill S4337

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Sponsored By

Jessica Ramos