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Au Pair Program Doesn’t Preempt Massachusetts Wage Law (1)

Dec. 2, 2019, 10:51 PMUpdated: Dec. 3, 2019, 3:46 PM

Massachusetts’ wage and hour laws apply to foreign au pairs working for U.S. families through the State Department’s J-1 cultural exchange visa program, the First Circuit ruled Dec. 2, reasoning that the program doesn’t preempt state law.

Cultural Care Inc., a private placement agency based in Massachusetts, and au pair hosts Erin Capron and Jeffrey Penedo sued Massachusetts’ Attorney General Maura T. Healey to prevent Massachusetts from requiring Au Pair Program sponsors to comply with Massachusetts’ Domestic Workers Bill of Rights and Fair Wage Law.

A three-judge panel of the U.S. Court of Appeals for the First Circuit upheld the...

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