Fighting Wage Suppression for Childcare Workers on Au Pair Visas: 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: Denial of Motion to Dismiss

Order Denying Motion to Dismiss

Class Certification Order

Motion for Preliminary Approval

 

Press

1/10/2019 Au pairs to receive $65.5 million settlement in Denver lawsuit

1/10/2019 $65.5M au pair settlement in Denver lawsuit would be divided up under formula

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

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

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

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

1/9/2019 Au Pairs Can Bargain for Pay After $65.5 Million Settlement

1/9/2019 Nearly 100,000 au pairs brought to US win $65.5 million settlement in Denver lawsuit

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

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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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