1. The Department of Labor (DOL) determined in 1994 that an employer/employee relationship is established between the host family and the au pair. Accordingly, the wage (3) given an Au Pair must conform with minimum wage law and adjustments. The DoL, having sole jurisdiction regarding matters of minimum wage, determines the credit (room and board) to be applied against the weekly wage. A full discussion of this matter was set forth in the February 15, 1995 Federal Register notice announcing Au Pair program regulations.


2. Effective July 24, 2007, the weekly wage due to au pairs is $157.95. This amount is based upon the minimum wage payment currently in effect, and is calculated as follows.

45 hours @ $5.85 = $263.25
$263.25 less $105.30 per week, credit for room and board determined by the DoL
= $157.95, the weekly wage due Au Pair program participants


3. Effective August 17, 2001, the existing Au Pair program regulations were amended to create the EduCare program component. Au Pairs participating in the EduCare component are paid in accordance with the provisions of the Fair Labor Standards Act. However, as a matter of administrative convenience for both Department-designated sponsors and participating host families, the weekly compensation for EduCare Au Pairs is calculated as 75 percent of the weekly wage currently paid to all Au Pair participants.

$157.95, the weekly wage due Au Pair program participants. 75(139.05)
= $104.29, seventy-five percent of the weekly wage due Au Pair program participants.


4. In 1997, in response to a request for an advisory opinion on whether a $10 credit may be possible as an offset to the educational expenses paid by host families participating in the Au Pair program, the DoL (4) advised that host families may not take credit in meeting their minimum wage obligations for either tuition costs or medical insurance. The Au Pair program sponsors were notified on March 13, 1997, and a copy of the DOL advisory opinion was provided to them.

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