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Au Pair Discussion
Reply to "Is the stipend the same across the country?"
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[quote=Anonymous][quote=Anonymous]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. [/quote] 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. [/quote]
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