Cultural Care, Inc.

No Company is Too Big to Play Fair.

This is an action on behalf of au pairs alleging Cultural Care is liable, as an employer of au pairs, for failing to pay minimum wages and overtime pay under various state and federal wage and hour laws, and for failing to provide au pairs with proper wage statements containing required information about pay, hours, and deductions. The lawsuit also alleges that Cultural Care deceives host families by failing to inform host families that the stipend it tells them to pay au pairs results in violations of state and federal wage and hour laws.

On June 20, 2023, the district court granted our motion to send out court-authorized notice, meaning that all au pairs who were sponsored by Cultural Care at any time from July 18, 2019, to present will receive notice of this lawsuit and have the opportunity to join. We will issue the notice on July 12, 2023 and the deadline to join the lawsuit will be October 10, 2023. You can access the notice of this lawsuit, which explains your rights and obligations related to the case, here:

This case is entitled Morales Posada v Cultural Care, Inc, Case No. 1:20-cv-11862

Frequently Asked Questions

  • Q:How Do I Join This Case?


    A federal law under the FLSA requires employers to pay overtime after 40 hours in a workweek and to pay the federal minimum wage. In order to make a claim in this case under the federal FLSA, you must complete a consent form and return it to our office. You can complete the form and join this case online by clicking here. The time limit covering your claim continues to run until you join the case, so if you wish to join you should do so promptly to avoid losing any portion of your potential claim.

    California, Illinois, New Jersey, and New York state laws require employers to pay minimum wage and overtime. If the Court certifies this case as a class action under state law, all au pairs who worked within the applicable statutory period in the relevant state will be a part of those classes. 

    Individuals who consent to join the FLSA collective action may be required to submit documents and testify under oath at a deposition, hearing, or trial. You also have the right to hire your own attorney to bring these claims. 

  • Q:Am I Eligible?


    You are eligible to participate in this case as an FLSA opt-in Plaintiff if you worked for Cultural Care, Inc as an au pair at any time since July 18, 2019 to the present. The time period covering state law classes may be longer.

    If you were a part of the au pair class action Beltran, et al. v. InterExchange, Inc., et al., your ability to participate may depend on your circumstances. If you are in that situation you can contact us to discuss your options. 

  • Q:Is This a Class Action? What Does that Mean?


    This case is a potential collective action under the federal Fair Labor Standards Act, a wage and hour class action under California, Illinois, New Jersey, and New York state laws, and a deceptive trade practices class action under New York, Illinois, New Jersey, Connecticut, and Washington state laws. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process. 

    Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times.

  • Q:Which Locations Are Included?


    In this case we seek a nationwide FLSA Collective Action including all au pairs who work or have worked for Cultural Care, Inc. since July 18, 2019 to the present.

    This lawsuit also includes wage and hour class actions under California, Illinois, New Jersey, and New York state laws.

  • Q:What Time Frame Does This Case Cover?


    There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid wages within two years of the worker signing up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that the company willfully violated the law, the statute of limitations may be extended to three years. The statute of limitations under various state laws may be longer.

  • Q:Do I Have to Pay Anything?


    You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.

  • Q:How Do I Prove the Hours I Worked?


    If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your pay. If a company did not keep accurate time records, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

  • Q:What About Retaliation?


    It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Madeline Orozco, at (612) 256-3297 or immediately.

  • Q:How Long Will This Case Take?


    The length of this kind of lawsuit varies from case to case, but they typically last two to four years.

  • Q:Is There Money Available Now?


    No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

  • Q:How Can I Help?


    If you know any au pairs interested in making a claim for unpaid hours, they should contact the case clerk, Madeline Orozco, at (612) 256-3297 or You can also direct them here to sign up electronically. There is strength in numbers.

  • Q:How Do I Learn More?


    To learn more about this case, feel free to contact the case clerk, Madeline Orozco, at (612) 256-3297 or

Case Updates

June 28, 2023

On June 20, 2023, the district court granted our motion to send out court-authorized notice, meaning that all au pairs who were sponsored by Cultural Care at any time from July 18, 2019, to present will receive notice of this lawsuit and have the opportunity to join. There are already more than 1,900 au pair participating in this action, and we hope that many more will join during the notice period. We will continue to keep you updated regarding next steps.

In the meantime, if you need to update your contact information or address, please notify Madeline Orozco at

June 12, 2023

On April 16, 2023, the United States Court of Appeals for the First Circuit issued a decision affirming the district court’s denial of Cultural Care’s motion to dismiss this lawsuit. On June 9, 2023, the First Circuit officially returned the case to the district court, which allows us to push forward with litigation of this case. Please email Madeline Orozco at with any questions or new contact information.

March 17, 2023

As of December 2022, Cultural Care’s appeal to the First Circuit was fully briefed and argued. As we continue to wait for a decision from the First Circuit, the proceedings at the district court level remains stayed, meaning the case is “paused.” We will provide an update as soon as we have a decision.

November 12, 2021

Earlier this fall, the District Court denied Cultural Care’s motion to dismiss the case. Cultural Care appealed the decision to the First Circuit Court of Appeals, and the case is currently paused until the Court of Appeals makes a ruling.

August 24, 2021

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No Company is Too Big to Play Fair

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