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[quote=Anonymous][quote]Regardless of the lawsuit, HFs pay the wages and may be liable for missing wages under FLSA. That’s what’s discouraging me from using the program again. I can hire a babysitter and pay even more than the minimum wage because I don’t have to pay the agency fee. But I can’t both pay the agency fee and pay minimum wage ($11.50 where I live) and all household expenses for the AP, and take them out to dinner, etc. That would make an AP way more expensive than a nanny but frankly much less qualified and also unable to do the housework that nannies can do. [/quote]

This exactly.

[quote]I was an aupair in a foreign country, I'm American. My friend was hired with the agreement of overtime. The family then decided they didn't want to pay that anymore and hired a cheap aupair. Sorry folks, the cheap 'cultural exchange' days are numbered! [/quote]

Not following your logic.  Another downside to the AP program is that we can't use overtime...even if we pay...it is against the program rules.  For example, I use 20-25 hours per week.  One time in four years of being in the program I need one night of overnight childcare.  AP can't do it because exceeds her 10 hour shift.  While the split shift is flexible, it is by far from cheap (for those of us using <30 hours per week).

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