Au Pair Wage Suppression Class Action Settlement

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

CLICK HERE TO FILE A CLAIM »

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

www.AuPairClassAction.com

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