Au pairs can complain, but the agencies, which run the program for the State Department, frequently fail to report abuse allegations. This, despite requiring au pairs to have regular contact with local counselors and access to 24/7 emergency lines.
HuffPost and the Government Accountability Project analyzed thousands of State Department documents and interviewed 125 au pairs to uncover a pattern of abuse and mismanagement.
1. They Don’t Pay You
Au pairs, who are usually between the ages of 18 and 26, provide limited child care in exchange for room and board with host families. Though many au pairs have positive experiences, others are subject to abuse. According to a 2018 report by labor and migrant advocacy groups, some au pairs are paid less than minimum wage, and others experience situations that could amount to human trafficking. Despite these concerns, many au pair programs seem to ignore the problem and place the burden on a handful of au pairs and their sponsor companies to police themselves.
The article quotes numerous expert aupair who say they weren’t paid or were forced to work overtime. It also mentions that a host family once refused to give them a birthday present, and that another au pair, Jessica, was “forced to work through her lunch breaks, work during her vacations and spend much of her free time working.”
But the piece does little to address these issues. It fails to mention that, in the State Department’s own 2015 report on the au pair program, 93 percent of au pairs and 92 percent of host families surveyed said they would recommend the program to other families.
A more serious issue is the fact that the government simply doesn’t appear to care about au pair workers’ plight. The State Department only has 30 staff members dedicated to monitoring the entire au pair program, which involves 375,000 J-1 visa holders annually. And of those, only a small number investigate complaints. Most cases are considered minor, like personality conflicts, and only 4 percent of au pairs report that they were removed from the program for violating its terms.
2. They Don’t Give You a Contract
Unlike a traditional employee, au pairs don’t receive a contract or job description. This is not a good thing for au pairs who are expecting to be paid an amount of money and have rights. Au Pairs should always ask for a written agreement outlining their duties, expectations, and pocket money.
A contract should also state the amount of time off they will be given each month, whether or not the family has a pet, if the home is smoke-free, how many kids there are in the house and the ages of those children as well as the parents’ expectations and general lifestyle. This helps au pairs avoid being mistreated and it can help filter out families that may not be a good fit for them on a daily basis.
The best way to prevent au pair abuse is through open communication with the host family before an au pair begins. This can include a list of what the host is looking for in terms of work and childcare and also if there are any deal breakers. Having this in writing can make it easier to find the right match for both parties, avoiding any potential issues that may arise.
In addition to a contract, au pairs should also be clear with their host family about their boundaries and expectations regarding the amount of contact they want from the family, especially when it comes to physical touch. This will protect them from situations where a family might ask them to perform tasks outside of the scope of the au pair program. This is something that could lead to serious problems if not handled properly, so it’s important for au pairs to be aware of their rights and the limits of their program.
3. They Don’t Offer Support
The au pair program, a government-sponsored exchange that allows young people from abroad to immerse themselves in American culture while providing in-home child care for a modest stipend, sounds benign enough. The State Department contracts with 16 private companies, known as sponsors, to handle the nuts and bolts of recruiting, training and matching au pairs with families.
But the program also puts au pairs at risk of exploitation and abuse. An investigation by HuffPost and Politico and numerous viral videos on TikTok show how often au pairs are exploited in their home placements. Investigators say the companies frequently fail to report au pair complaints, and when they do, they rarely take action.
That’s why a new proposal to overhaul the program is causing alarm among former au pairs, host families and worker-rights advocates. It would give au pairs two weeks to find a new family before being sent back home, and allow them to earn extra money by working part-time in the community on top of their au pair wages.
It also would change the way au pairs are paid, aligning their pay with minimum wage laws instead of the less strict summer work travel program rules that currently allow hosts to deduct from their au pair stipends for room, board and meals. That’s likely to spark controversy, especially since the proposed rule has only been open for public comment through Jan. 26.
It’s true that some au pairs don’t get along with their host families, and many feel unsafe in their homes. But the programs need to be more aggressive in kicking families out if they treat their au pairs poorly, and the agencies that run the program should withdraw their licenses from those that don’t do so.
4. They Don’t Give You a Visa
The au pair program is a cultural exchange for young people, mostly women, to immerse themselves in another country by providing child care in return for room and board. But critics say the program exposes au pairs to exploitation, including wage theft and sexual harassment.
The State Department has been trying to reform the au pair program, including adding new minimum wage requirements and limiting families’ ability to deduct au pairs’ wages from their federal taxes. But au pair lobbying groups have been fighting hard against these changes.
Once an au pair is matched with a host family, they have few options if something goes wrong. They’re required to rematch within two weeks or risk losing their visas and being sent home. This kind of pressure creates a climate where au pairs are afraid to speak out, especially about mistreatment by their hosts.
Au pairs are also discouraged from filing complaints with the State Department because they fear their information will get back to the company that hired them, says Janie Chuang, a law professor at American University. For instance, when Jessica was fired from her host family in Oregon by the au pair agency she used, USAuPair, she claimed they did so because she owed Steve money for the cost of her plane ticket to visit his family in Brazil.
Despite these obstacles, some au pairs have taken to social media to report their experiences. In Facebook and YouTube communities, they post private lists of host families with creepy fathers, forced overtime, secret cameras and aggressive children. But many of these reports never reach the government. Many au pairs who spoke to EurekaFacts said they didn’t feel safe complaining because they fear their information will be returned to their host families and au pair companies.
5. They Don’t Help You Find a Job
Au pairs pay a fee to the au pair company and then work for a host family, usually taking care of kids. The host family provides room and board and pays the au pair a small salary. The idea is that au pairs get to live in a home and learn about the American way of life. However, the reality is that many au pairs are being exploited.
The au pair program is a murky area with few protections for workers. The State Department has just 30 staff members to monitor the entire program—which gave out more than 375,000 J-1 visas in 2016. It relies on au pair companies—businesses that have a financial interest in the continuation of the program—to self-regulate. They do that by reviewing a small number of complaints and failing to investigate the majority of incidents.
One of the au pairs I interviewed told me that she’d reported physical injuries to her agency, Cultural Care Au Pair, in 2016, but the company did nothing. She also said she’d been threatened with violence from her host family. She later sued the family and her sponsor, USAuPair, for violating her rights.
Many au pairs don’t file complaints because they fear that their hosts will turn them over to the authorities or because the agencies will punish them. Some au pairs don’t want to leave the United States because they’ve invested too much in their lives here, and others have to pay for their plane tickets home if they’re fired for complaining.
If more families knew that the au pair companies they hire don’t do enough to protect their workers, maybe they wouldn’t be so willing to use them. And if the government required the au pair companies to pay their workers a decent wage, it might reduce the number of au pairs who end up in dangerous situations.