CAPRON v. OFFICE OF ATTORNEY GENERAL OF MASS.

No. 17-2140.

944 F.3d 9 (2019)

Erin CAPRON; Jeffrey Penedo; Cultural Care, Inc., d/b/a Cultural Care Au Pair, Plaintiffs, Appellants, v. OFFICE OF the ATTORNEY GENERAL OF the Commonwealth of MASSACHUSETTS; Maura T. Healey, in her capacity as Attorney General of the Commonwealth of Massachusetts, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 2, 2019.


Attorney(s) appearing for the Case

Joan A. Lukey , with whom Justin J. Wolosz and Choate Hall & Stewart LLP, Boston, MA, were on brief, for appellants.

Ryan P. McManus , Donna A. Mizrahi , and Hemenway & Barnes LLP, Boston, MA, on brief for Host Families, amici curiae.

Faith Kalman Reyes and Verdi & Ogletree PLLC on brief for the Alliance for International Exchange, amicus curiae.

Michael Shih , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, Joseph H. Hunt , Assistant Attorney General, Andrew E. Lelling , United States Attorney, and Alisa B. Klein , Attorney, Appellate Staff, Civil Division, on brief for the United States, amicus curiae.

Robert E. Toone , Assistant Attorney General, with whom Maura T. Healey, Attorney General of Massachusetts, and Elizabeth A. Kaplan , Assistant Attorney General, were on brief, for appellees.

Audrey R. Richardson , Greater Boston Legal Services, Catherine Fisher , Marley Brumme , Boston, MA, Meredith B. Stewart , Gillian B. Gillers , Southern Poverty Law Center, Benjamin Richard Botts , Centro de los Derechos del Migrante, Inc., Rocío Alejandra Avila , and National Domestic Workers Alliance, on brief for Worker Organizations, amici curiae.

Dawn L. Smalls , Byron Pacheco , Sean P. Rodriguez , Juan P. Valdivieso , Boies Schiller Flexner LLP, David Seligman , and Towards Justice, on brief for Sarah Carolina Azuela Rascon and All Other Similarly Situated Current and Former Au Pairs, amici curiae.

Before Torruella, Lynch, and Barron, Circuit Judges.


This appeal concerns the relationship between the wage and hour rights that Massachusetts confers on in-home childcare services providers and the operation of a federal program that promotes international cultural exchange. The United States Department of State ("DOS") administers this federal program, which we will refer...

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