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Employment

Cultural Care, Inc.

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

On October 15, 2020, an au-pair who worked through Cultural Care, Inc. initiated a lawsuit alleging that 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 Complaint 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.  

The lawsuit is filed as a putative 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. The action seeks to recover for au pairs their unpaid wages within the applicable statutes of limitation, an award of liquidated (double) damages, and other penalties and interest.

Type of Case

Minimum wage/Unpaid Overtime

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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 within the past three years. 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. 

Additional Information

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 asking the Court to grant these certifications.

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. within the past three years.

How Do I Join This Case?

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 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 automatically included, unless they choose to opt-out. The same is true if the Court certifies this case as a class action for purposes of the deceptive trade practices claims.

If you did not work overtime, you may still have a claim for unpaid minimum  wages under California, Illinois, New Jersey, or New York state law. If the Court certifies this case as a class action to include au pairs that did not work overtime, all au pairs who work within the past three years will likely be automatically included, unless they choose to opt-out.

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.

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.

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.

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, Thomas Leicester, at tleicester@nka.com or (612) 256-3259 immediately.

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.

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.

How Can I Help?

If you know any au pairs interested in making a claim for unpaid hours, they should contact the case clerk, Thomas Leicester, at tleicester@nka.com or (612) 256-3259. You can also direct them here to sign up electronically. There is strength in numbers.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Thomas Leicester, at tleicester@nka.com or (612) 256-3259.

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