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Immigration Law

Au Pair FLSA Lawsuit Moves Forward (Beltran v. Interexchange)

Beltran v. Interexchange, Mar. 31, 2017 - "This matter is before the Court on Plaintiffs' Motion for Conditional Collective Action Certification (Doc. # 325) and Plaintiffs’ Second Motion for Conditional Collective Action Certification (Doc. # 330). Pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), the named Plaintiffs in this action seek conditional collective action certification of eleven classes and subclasses and the issuance of a court-supervised notice to potential opt-in plaintiffs. Plaintiffs allege Defendants APC, Cultural Care, Inc. (“CC”), Au Pair in America (“APIA”), GoAuPair (“GAP”), Interexchange, Inc. (“InterExchange”), and Expert Au Pair (“EAP”) (collectively, the “FLSA Defendants”) violated the FLSA by uniformly implementing a policy by which au pairs were paid $195.75 a week for up to 45 hours of work, a rate below the federal minimum wage. For the reasons detailed herein, the motions for conditional certification are granted."