Minimum Wage Laws Apply To Au Pairs, 1st Circ. Says

Law360 (December 3, 2019, 5:47 PM EST) -- The First Circuit on Monday backed a lower court’s dismissal of an au pair agency’s challenge to Massachusetts labor laws, rejecting the company’s argument that in-home child care providers are not subject to the state’s minimum wage.

In response to a lawsuit from Cultural Care Inc. claiming that paying au pairs Massachusetts’ minimum wage would be unaffordable for many families, a three-judge panel said unanimously that while federal regulations for the au pair program don’t require host families to follow state wage and hour laws, the rules are still not intended to preempt the enforcement of such state laws.

“The au...

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