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1st Circuit says au pair regulations don't preempt Mass. wage law

A federal appeals court has ruled that U.S. Department of State regulations setting minimum pay for au pairs who travel to the U.S. to provide childcare for families do not preempt a Massachusetts law that provides a host of protections to domestic workers.

A unanimous three-judge panel of the 1st U.S. Circuit Court of Appeals on Monday said the 2014 state law does not interfere with the federal au pair program’s goal of promoting cultural exchange, and rejected claims by au pair agency Cultural Care Inc that au pairs are more like exchange students than employees covered by the law.

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