New York, NYA Massachusetts federal judge has given attorneys the green light to advertise their plaintiffs’ proposed wage collective, to the chagrin of Cultural Care Inc. The au pairs are seeking unpaid overtime wages from the agency. Culture Care, which claims to be the leading au pair agency and has been placing au pairs with American families for 30 years, attempted to strike almost 2,000 opt-in forms signed by au pairs by claiming that ads on the website the plaintiffs’ attorneys created were “improper and premature”.
Citing the First Amendment, Judge Indira Talwani ruled that there were no rules prohibiting the solicitation of opt-in forms prior to court certification of a worker collective, Law360 reported. The judge said the website was “one-sided” (of course it is, plaintiffs’ attorneys are simply doing their job) but not misleading. Cultural Care’s bid to vacate the opt-in forms was rejected and instead, Judge Talwani conditionally certified a worker collective of all Culture Care-sponsored au pairs dating to 2017.
Through the J-1 visa, known as the au pair program, foreign workers are sponsored by a family for whom they perform child care work in return for a stipend and room and board. Culture Care Cultural Care Inc. argued that it is entitled to derivative immunity because the U.S. Department of State allowed it to delegate...
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