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This settlement is closed!
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A group of au pairs have secured a $65.5 million class action settlement resolving allegations that their sponsorship agencies worked together to suppress their wages.
If you worked as an au pair for AuPairCare Inc., or other au pair agencies, between Jan. 1, 2009 and Oct. 28, 2018, you could get cash from this class action settlement.
Lead plaintiffs accused more than a dozen companies that sponsor “au pairs” to work in the United States to provide live-in childcare under a J-1 visa of conspiring to fix the price of wages to less than $200 per week.
Au pairs are generally young woman who come to the United States from abroad to provide childcare for families.
According to the au pair class action lawsuit, InterExchange Inc., Cultural Care Inc., American Institute For Foreign Study, GoAuPair Operations LLC, AuPairCare Inc., and Expert Group International Inc. conspired to suppress the wages of au pair workers.
Workers, mainly women from Columbia, Australia, Mexico, Germany, and South Africa, were allegedly paid just over $4 per hour for 45 hour workweeks.
The plaintiffs argued that the sponsors used their ability to authorize J-1 visas to keep wages low, attempting to hide behind government programs and flout state and federal minimum wage laws.
The class action lawsuit accused the au pair companies of violating both the federal Fair Labor Standards Act and federal racketeering laws.
After a federal judge certified the plaintiffs’ proposed Classes and 16 subclasses, the defendant au pair companies agreed to pay $65.5 million to approximately 100,000 workers.
There are a variety of subclasses who are eligible for a claim under the terms of the au pair class action settlement. Eligibility for each subclass depends on a variety of factors, including the sponsoring agency and the location where the Class Member worked as an au pair, as well as the wage paid.
Class Members will receive an award based on the number of valid claims submitted and where and when they worked as an au pair.
Those who worked as an au pair between 2009 and 2018 will need to submit a Claim Form, including information about their placement, their sponsor’s name, and the amount they were paid weekly to submit a claim in the class action settlement.
The companies have also agreed to inform those currently working as au pairs and host families that they are able to negotiate pay rates that are higher than minimum wage. The defendants have also agreed to update their websites with this information.
The deadline to submit a claim is May 2, 2019.
Au pairs who want to object to the settlement or wish to be excluded from it, must do so by May 2, 2019.
Who’s Eligible
Class Members include “all persons who were standard au pairs on a J-1 visa sponsored by one of the Defendants…, between January 1, 2009, and October 28, 2018. A ‘standard’ au pair is an au pair who was expected to provide up to 45 hours of childcare per week, and for whom the advertised stipend was $195.75.”
The Class is made up of 18 separate subclasses based on where the defendant sponsoring agency and Class Member worked. A list of subclasses are available on the notice.
Potential Award
Up to $2,500.
The actual amount each au pair receives depends on several factors including the state she/he worked in. A plan of allocation can be found by clicking here. The settlement includes this as an example of recovery:
“By way of example, if approximately 15,000 au pairs were to submit valid claims, each of those groups may expect recoveries of approximately the following size:
- Au Pairs For a Year Starting On or After November 13, 2010 $2,500
- Au Pairs Who Undertook Compulsory Training in the United States For One Week $90 (in addition to recovery awarded for the au pair placement)
- Au Pairs For a Year Ending Before November 13, 2010, in Illinois, Michigan, New York, New Jersey, or Pennsylvania $1,000
- Au Pairs For a Year Ending Before November 13, 2010, in Any Other State $500″
Proof of Purchase
Class Members will have provide information about their placement and sponsors in their Claim Form.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
05/02/2019
Case Name
Beltran, et al. v. InterExchange Inc., et al., Case No. 1:14-cv-03074, in the U.S. District Court for the District of Colorado
Final Hearing
07/18/2019 UPDATED
UPDATE: The Au Pair Wage Suppression Class Action Settlement was granted final approval on July 18, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Beltran v. InterExchange
c/o JND Legal Administration
P.O. Box 91345
Seattle, WA 98111
1-844-859-6769
info@AuPairClassAction.com
Class Counsel
BOIES SCHILLER FLEXNER LLP
TOWARDS JUSTICE
Defense Counsel
WHEELER TRIGG O’DONNELL LLP
OGLETREE DEAKINS NASH SMOAK & STEWART PC
GIBSON DUNN & CRUTCHER LLP
FISHER & PHILLIPS LLP
GORDON & REES LLP
CHOATE HALL & STEWART LLP
LEWIS ROCA ROTHGERBER CHRISTIE LLP
HOLLAND & HART LLP
BROWNSTEIN HYATT FARBER SCHRECK LLP
BOGDAN ENICA ESQ
ARMSTRONG TEASDALE LLP
SHERMAN & HOWARD LLC
NIXON SHEFRIN HENSEN OGBURN PC
KELLY & WALKER LLC
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86 thoughts onAu Pair Wage Suppression Class Action Settlement
Any news on this
W-4 withholding emails were sent yesterday. Check your spam folder. Payouts end of February.
Anna I don’t work do I still need to fill it out? Thanks
Common sense mark aol com
I read 3500 per claim good luck we will know next wk for sure
More I’ve email them $5.780 was mailed yesterday.
Rosa, thanks for the update I called today and a guy rep. told me they are still in calulation but I was told checks will be pro rata that’s why when and if I pose I give true comments
Hayyyyy
just emailed them today I will post what they say after they respond back.
The email said checks coming the end of a February…GUESS NOT SMH
I just received email back from them and it was the same info that rep told me on the phone,so with that being said I don’t see the reason for false comments just tell the true or not comment at all.they would not have just one person amount it will come when it come
Dear Mark,
Thank you for your e-mail. The settlement has been finally approved, funds have been received from the Defendants, and we are processing the claims in order to make distributions to all eligible class members.
We must finalize all claims before we can make distributions to any class members. This is because the settlement entitles class members to a “pro rata” distribution. In other words, the amount that any specific class member is entitled to depends upon the total amount that all class members are seeking. There remain some claims for which we need additional information from the claiming class member, or which we have otherwise not been able to verify. We are working on these issues and hope to have them resolved shortly.
Thank you for your patience, and rest assured that your claim is being processed and will be distributed once all of the claims have been validated.
Regards,
Beltran v. InterExchange Claims Administrator
Toll-free: 1 (844) 859-6769
http://www.AuPairClassAction.com
How do you know that the checks will be issued in December?
Who can we call to see when checks will be mailed? Whats the hold up?
Have anyone receive the so called email I didn’t but I received this one 09/18/2019
Dear Mark,
Thank you for your email. The records indicate that your claim has been processed and was determined to be a timely and complete claim submission. If any further information is required, you will be contacted in due course.
The Court granted final approval to the Settlement on July 18, 2019. There may still be appeals of that decision. If an appeal is filed, it is hard to estimate how long it might take for it to be resolved, but it can take a lot of time, perhaps more than a year. Settlement payments will be distributed after any appeals are resolved.
Updates regarding the Settlement, including deadlines for the submission of Claim Forms, and the schedule for when payments may be made will be posted on the Claims Administrator’s website: http://www.AuPairClassAction.com.
Mark check your spam folder..Also submit your W-4 checks ping out soon.
To a woman who can’t manage her own household. You are probably one of those people who took advantage..this is a bs comment
Dear Pam Palcon – In New York 1 cheapest college class costs around 2500$. Aupairs get 500$ for a year for “college”. As you can see they were not getting any college education.
Free board – if you would like to get a room at your work and instead of that be available for your boss 24 hours everyday I’m not sure if you would be so happy with that solution .
Food – yeah amazing if e.g you love fruits and your hosts never eat fruits… You eat same shit what they eat .
Where did you get information that the checks were mailed?
Add me
Add me please
This same practice happened with ‘Resort America’. J-1 visas and employment were lined up through Resort America. Housing and Meals were provided, however you got a fortnightly (every 2 weeks) stipend but not real wages.