Fighting Wage Suppression for Au Pairs: Beltran, et al v. Interexchange, Inc., et al

Towards Justice attacks systemic injustices that undermine the bargaining power and working conditions of marginalized workers. In 2014, Towards Justice filed a case on behalf of a nationwide class of tens of thousands of childcare workers who worked in the U.S. on J-1 au pair visas. They brought claims of price fixing, racketeering, and wage theft against fifteen U.S. Department of State-designated “cultural exchange” sponsor organizations. Plaintiffs charged that these sponsors acted as a cartel to illegally set au pair wages far below the market rate and that some sponsors fraudulently misled potential au pairs in violation of racketeering and consumer protection laws. The plaintiffs prevailed on several threshold legal issues and certified a class of tens of thousands. On the eve of trial, the plaintiffs announced that they had entered into a settlement with the defendants that would require the payment of $65.6 million in damages and several changes in the industry. Towards Justice represents the plaintiffs with co-counsel Boies Schiller & Flexner LLP. In 2019, the Court preliminarily approved a settlement.

For more information about the proposed settlement or if you are a class member, please refer to the website aupairclassaction.com

Case Documents

Magistrate Recommendation re: Motion to Dismiss

Order Denying Motion to Dismiss

Class Certification Order

Motion for Preliminary Approval

 

Press Release

 

3/19/2015 Vulnerable Child Care Workers Sue for Collusion and Fraud in Nationwide Au Pair Program

Press

3/7/2019 $65.5M au pair settlement in Denver lawsuit would be divided up under formula

1/10/2019 $65.5 M au pair deal would be divided up under formula

1/9/2019 Thousands of au pairs could share in $65.5 million U.S. settlement

1/9/2019 Au pairs win $65.5 million settlement in Denver lawsuit

1/9/2019 Au Pairs Reach $65.5 Million Settlement Over Wages

1/9/2019 Au Pair Sponsor Agencies Settle Wage Lawsuit, Offer $65.5 Million In Back Pay

8/28/2018 Long Hours, Low Wages and Lawsuits Plague the Federal Au Pair Program

3/30/2018 Au Pairs, an International Class of Domestic Workers, Are Suing for Labor Protections 

2/13/2018 Au Pair Class Action Could Upend Decades-Old Program

3/31/2017 Au Pairs Get Conditional Cert. In Wage-Fixing Action

11/5/2016 Host of problems

11/3/2016 Are au pairs cultural ambassadors or low-wage nannies? A lawsuit enters the fray

7/28/2015 This lawsuit over au pair wages is hardly child’s play

7/25/2015 Can Au Pairs Legally Be Paid Less Than $5 An Hour?

7/14/2015 Au pairs backed by Boies Schiller move to keep antitrust case alive

7/13/2015 Au Pairs Fight To Keep Wage-Fixing Class Action Alive

7/13/2015 Au pairs claim price fixing, wage theft in suit filed in Colorado; local group among those named

7/6/2015 Au pairs with J-1 visas sue sponsor agencies

4/20/2015 Au Pair Companies Want Out Of J-1 Visa Wage-Fixing Suit

3/20/2015 Au pairs provide cheap childcare. Maybe illegally cheap.

3/20/2015 Class Action Lawsuit Alleges Criminally Low Pay For Colorado Domestic Workers

3/7/2015 AU PAIRS AND MASSACHUSETTS LABOR LAW: CULTURAL EXCHANGE OR EXPLOITATION?

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In The Courtroom

Our litigators help workers advance legal claims that address systemic injustice. We use antitrust, anti-slavery, fraud, wage-and-hour, and common-law challenges to address the wide variety of practices that nickel-and-dime low-wage workers out of their hard-earned wages. We have represented a hundred thousand childcare workers alleging wage suppression, tens of thousands of immigrant detainees alleging forced labor, and hundreds of construction workers, shepherds, manicurists, janitors, and kitchen hood cleaners. We are leaders in challenging anti-competitive practices that reduce worker bargaining power and support marginalized people who challenge structural impediments to their advancement.

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