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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
Jason have you received your check?
no I haven’t yet but I will agree with some of the post checks was not mailed when they say probably before the end of the week
They need to mail our checks they have not done anything but lie. If they are sending in batches it takes no more then a day to print the checks. If they truly mailing checks if they mail one they have to mail all. They are pro rated and there is no reason we have to wait and listen to bs. pls let me know if anyone received a check for a claim? I am getting with the attorney .thank you
“Distribution commenced on February 28, 2020. Please note that payments will be issued in batches, and if you have not yet received a check it may be awaiting issue. At this time, we cannot confirm what date the next batch is being sent out. We appreciate your patience.”
Is what I got
A friend of mine who didn’t release a claim got the $100 check already. I guess they are starting from there and work there way to the ones who did release their claim.
I don’t think they mailed checks . Just bs to lead us on . Has anyone received one let us know.
Has anyone received their check? Please let us know. They said they were mailed 28th fos.
Has anyone received their check?
States they mailed on Feb 28. But will be mailed batches. Anyone have more info?
Super pissed, so I received only $100 because I was a part of the class action and class member but did not submit the claim. Well, I never received the notice. Upon calling the Au Pair Class Action administration. I learned, they they sent me ONE email with the notice and that’s it. That’s hell of a poor way to make a notice available to class members. JND Legal Administration website says: “In addition to ensuring that class members have an opportunity to see a notice, our team will ensure that class members understand what they see.” Ensure means make sure. How is ONE email making sure that class member is getting the opportunity to see the notice? They have no proof that the email was actually received and delivered, only just that it was sent. So should I sue JND Legal Administration for the poor decision making reaching out to class members?
Lies get a life
its funny how people are able to detect a (lie) even when it is not coming direct from the mouth but to the ones that receive an email telling you your claim was payable get ready for 3k or maybe a little more again good luck.
Who is lying? I really did get only $100 check dated 2/28/20 because I did not receive a notice with the info to submit a claim.
Same here!!
That is so upsetting! I sent the claim forms too but now they have no records of it and I didn’t even get the $100 for being part of the Class action even after sending screenshots to them for proof! I’m watching how this all plays out closely, seeing the amount of au pairs that received their cheques, a lot of things don’t add up.
Has anyone received their check yet? They say they went out on 28th . Please let us know. thank you
We’re they mailed out yet?Email said end of February and now I received another email saying dead line to send back tax info March 20th so maybe April?.
That’s the response I got:
We currently anticipate that benefit distributions will begin at the end of February 2020.
The Administrator is now in the process of implementing the Plan of Allocation.
Anyone if checks are being mailed today as stated in their emails/
I don’t understand what are you saying..
checks was mailed 2/28/2020 should receive checks starting tomorrow couldn’t give amount good luck
called today this is what I was told
I don’t think they was mailed..I am from Seattle and nothing.
I called today. Told they were mailed out on the 28th – they are being mailed in batches. The 28th was Sat. So probably went out today.
nnm
the 28th was Friday, I looked at the calendar wrong too so did you find out the amount?
No , I did ask she said she didn’t have that information. Only that they started mailing checks on Feb 28th. And they will be sent in batches. So hopefully tomorrow. Thanks
Has anyone received their check? Please let us know k thank you
Does anyone know how much?