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Au Pair Discussion
Reply to "APs won the lawsuit"
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[quote=Anonymous]We are pleased to confirm that the parties have reached agreement to resolve the federal class action suit in Denver (Beltran et al. v. InterExchange et al.). The settlement remains subject to court approval. As part of the agreement, all Sponsors must state in their program materials that host families and au pairs are free to agree to compensation higher than the legally applicable minimum wage levels. This provision of the agreement is consistent with our Program’s past practice. Au Pair in America has regularly and consistently communicated that the weekly stipend of $195.75 ($146.81 for EduCare), specified in Department of State regulations, is a minimum, and that it is the host family’s choice to provide a higher stipend and/or other benefits to the au pair*. The settlement agreement is not an admission of wrongdoing, is not an admission of the violation of any law, and is not an indication of doubt in any of the defenses to the legal claims asserted in the class action. We and the other Sponsors entered into the agreement solely to eliminate the expense, inconvenience, uncertainty, and distraction of further litigation. The resolution also facilitates peace of mind and enables greater certainty in our future communications about the Program. We are grateful that, with court approval, the federal class action in Denver will be resolved successfully. We trust this will provide clarity for you given recent media reports. Au Pair in America remains committed to serving as sponsor for the Department of State’s au pair program, welcoming young adults from around the world and host families across the United States who value this cultural exchange live-in child care program. We thank you for being your program of choice. Sincerely, Ruth Ferry Senior Vice President & Director *Note: While a higher weekly stipend is negotiable between the host family and au pair, other Program elements are non-negotiable. These include the maximum number of hours of child care assistance—10 hours per day and 45 hours in any one week (30 hours for EduCare)—and the scope of activities with which the au pair may assist the host family. Refer to 22CFR62.31 for full au pair regulations.[/quote]
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