Is the stipend the same across the country?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Au pairs are required to sign arbitration agreements currently. No attorney is going to take individual arbitration cases. There is no binding precedent that the au pair contracts or stipends violate FLSA. Or that HF should pay overtime, state minimum wages, etc.

If the au pair doesn’t sign an arbitration agreement with the host family then they likely would not be forced to arbitrate claims again the host family. Even if they did, the fee shifting of the wage statutes apply and the au pair’s attorneys fees are part of their claim. Some stated have long statutes of limitation. NY is six years. There may not be biding precedent saying FLsA applies but there are plenty of arguments that the APs in the class action made (and that the Judge in that case bought). If you are in the dispute (whether lawsuit or arb) having to argue whether wage laws apply, you are already losing by having to pay to defend the claim.

The arb agreements are not with the host families. You are missing my point. If you are paying an attorney to defend the claims, does it matter who might win in the end? It will cost you easily 25k to defend it. If you’re lucky you win. If not you pay the AP’s judgment (or arb award),double damages and the AP’s attorneys fees. I have been practicing in this area for a long time.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Au pairs are required to sign arbitration agreements currently. No attorney is going to take individual arbitration cases. There is no binding precedent that the au pair contracts or stipends violate FLSA. Or that HF should pay overtime, state minimum wages, etc.

If the au pair doesn’t sign an arbitration agreement with the host family then they likely would not be forced to arbitrate claims again the host family. Even if they did, the fee shifting of the wage statutes apply and the au pair’s attorneys fees are part of their claim. Some stated have long statutes of limitation. NY is six years. There may not be biding precedent saying FLsA applies but there are plenty of arguments that the APs in the class action made (and that the Judge in that case bought). If you are in the dispute (whether lawsuit or arb) having to argue whether wage laws apply, you are already losing by having to pay to defend the claim.

The arb agreements are not with the host families. You are missing my point. If you are paying an attorney to defend the claims, does it matter who might win in the end? It will cost you easily 25k to defend it. If you’re lucky you win. If not you pay the AP’s judgment (or arb award),double damages and the AP’s attorneys fees. I have been practicing in this area for a long time.

I too do (some) employment law and I just pay local minimum wage. It’s not worth the heartburn to me. Is it unlikely that a former AP would ever sue? Absolutely. But having done pro bono work at firms my whole career representing people that defendants just assumed “no lawyer” would ever take, I mean, you really never know.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Au pairs are required to sign arbitration agreements currently. No attorney is going to take individual arbitration cases. There is no binding precedent that the au pair contracts or stipends violate FLSA. Or that HF should pay overtime, state minimum wages, etc.

If the au pair doesn’t sign an arbitration agreement with the host family then they likely would not be forced to arbitrate claims again the host family. Even if they did, the fee shifting of the wage statutes apply and the au pair’s attorneys fees are part of their claim. Some stated have long statutes of limitation. NY is six years. There may not be biding precedent saying FLsA applies but there are plenty of arguments that the APs in the class action made (and that the Judge in that case bought). If you are in the dispute (whether lawsuit or arb) having to argue whether wage laws apply, you are already losing by having to pay to defend the claim.

The arb agreements are not with the host families. You are missing my point. If you are paying an attorney to defend the claims, does it matter who might win in the end? It will cost you easily 25k to defend it. If you’re lucky you win. If not you pay the AP’s judgment (or arb award),double damages and the AP’s attorneys fees. I have been practicing in this area for a long time.

You’re missing the point. The agencies are the big pockets. That’s why no au pair will sue the HFs, similarly if a HF is sued, they will bring the agency into the suit.