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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
Ugh Td Bank didn’t release my funds yet.wth
$1,060.00 just receive today 3/30/2020
sorry about the date I meant to say 3/20/2020
Did they reject your payment because mines was returned.
I got my check in the mail dated march 11 for almost $3900 before taxes. After taxes i got $2480
What state are you in?
Finally $1122 came today
Kim
good to know checks has finally start to come out what date did they tell you your check was mailed
3/11 honey is on the check
what do you mean about honey on the check?
Jason, or anyone get their check today. I didn’t they told me it was mailed wed mar 11th.
In the Facebook group, girls are posting they received their check. One was for about $1200 after taxes and the other was about $2400 after taxes.
Both live in the US.
Hope we all receive ours soon.
no I did not receive anything today so Monday we should receive it hope so anyway.
I highly doubt that they were mailed. Don’t you think if it was a problem with your claim they should reach out to you let you know
just got off the phone with rep. was told my check was mailed 2 days ago which will have been 3/11/2020 but did not give the amount that something else lease it is on the way I should receive it tomorrow or Monday I will be back to let everyone know the amount.if anyone else receive amount yet please share.
Did they reject your payment because mines was returned.
What number can I call to talk to someone
Email today stated my check went out March 11 which is tomorrow. Will let you know when I get it.
Did they send that mail without you asking for it?
Did they tell you the amount? And are you in US?
home page has been up dated I am beginning to smell a rat.
Was told another batch going out this week.
They are so vague with their information.
Looks like a batch every two weeks?
The waiting game continues.
Seriously coming in batches?? Waiting for a email reply for the real answer.
From what i seen, only 5 people claimed receiving $100. Hope they dont pay 5 people every 2 weeks till finished. They are not clear at all on what batches mean. Normally batches are half checks then other half. This is very confusing,
Do u know what day
There is a Facebook group “Au pair class action lawsuit” with a bunch of Au pairs. A few have received 100 dollars but no one got more so far. The administrators are also not responding to questions. It’s really frustrating.
Im wondering if, when they said batches, they meant by amts. Because several are claiming to have recieved 100. Lets hope, next batch comes soon.
I don’t believe any checks have been mailed and why will w4 forms would be requested for 100$
They haven’t
mailed anything . Making interest off our money. You all need to call and get on them to mail our checks. Thank you.
I’ve called and emailed. Same response as everyone else. I think all we can do is wait. Sucks! Seems beyond our control though.
I’m not sure but the email from February 6 said a month from now so maybe tomorrow they will mail them out
Has anyone called? It has been 5 complete mailing days since 28th. Does anyone know amts.
Probably won’t get it since the Corona virus hit Seattle