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來美打工遭剝削 10萬名「互惠生」獲賠6550萬元


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01/11/2019

來美打工遭剝削 10萬名「互惠生」獲賠6550萬元

(World Journal) 編譯 陳韻涵


過去近十年來美打工遭剝削的全球近10萬名「互惠生」青年將獲賠,平分6550萬元和解金。圖為提出訴訟的丹佛組織「邁向正義」的賽里格曼 (左)等三位律師。(美聯社)

過去近十年來美打工遭剝削的全球近10萬名「互惠生」(Au Pair)青年將獲賠,平分6550萬元和解金。

美聯社報導,在哥倫比亞、澳洲、德國、南非和墨西哥等十多名互惠生提訴的案件交付審判前一個月,丹佛聯邦法院9日宣判,安排互惠生來美的15間企業將與近10萬名互惠生和解;這些公司仲介互惠生來美,與寄宿家庭共謀壓低互惠生的薪資、忽視超時問題和各州基本工資規定,將最低工資訂為互惠生的最高薪資標準。

法律文件顯示,許多案例顯示寄宿家庭強迫互惠生養雞、協助寄宿家庭搬家或整理花園,且不允許互惠生與寄宿家庭成員一同用膳。

總部在丹佛的「邁向正義」(Towards Justice)主任賽里格曼(David Seligman)2014年提起訴訟,後續官司委託紐約的博伊斯、席勒和弗勒克斯納律師事務所(Boies, Schiller & Flexner)處理。

賽里格曼說:「這項和解案是客戶奮戰取得的勝利,他們代表10萬名互惠生爭取權益,這或許是代表基本工資勞工的最大規模和解案,且終於有機會替互惠生爭取更高薪資和更好的工作環境。」

根據判決,仲介公司未來須告知互惠生他們的法律權利,但否認犯錯。

律師目前需要追蹤2009年元旦至2018年10月28日期間,持「J-1簽證」來美擔任互惠生的人們,並已架設網站協助傳播資訊。

互惠生計畫源於國務院1986年的文化交換計畫,旨在讓其他國家青年體驗文化和學習語言的機會,寄宿家庭提供生活所需,互惠生則為寄宿家庭做家事和照顧小孩,但經常傳出弊端或糾紛;互惠生經常會與保母混淆,但互惠生未受相關訓練,缺乏育兒經驗也賺得很少。






    
   
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01/11/2019

Au pairs win $65.5 million settlement in Denver lawsuit

By COLLEEN SLEVIN

DENVER (AP) — Young people from around the world who provided low-cost child care for American families will share in a proposed $65.5 million settlement of a lawsuit brought by a dozen former au pairs against the companies that bring the workers to the United States.

Nearly 100,000 au pairs, mostly women, who worked in American homes over the past decade will be entitled to payment under the proposed settlement filed in Denver federal court Wednesday, a month before the case brought by a dozen former au pairs from Colombia, Australia, Germany, South Africa and Mexico was set to go to trial.

They claimed 15 companies authorized to bring au pairs to the United States colluded to keep their wages low, ignoring overtime and state minimum wage laws and treating the federal minimum wage for au pairs as a maximum amount they can earn. In some cases, the lawsuit said, families pushed the limits of their duties, requiring au pairs to do things like feed backyard chickens, help families move and do gardening, and not allowing them to eat with the family.

“This settlement, the hard-fought victory of our clients who fought for years on behalf of about 100,000 fellow au pairs, will be perhaps the largest settlement ever on behalf of minimum wage workers and will finally give au pairs the opportunity to seek higher wages and better working conditions,” said David Seligman, director of Denver-based Towards Justice, which filed the lawsuit in 2014. It was later litigated by New York-based firm Boies Schiller Flexner.

Under the settlement, which still must be approved by a judge, the companies agreed to make sure au pairs are informed about their legal rights in the future, but they denied any wrongdoing.

Lawyers now need to track down au pairs who came to the U.S. on J-1 visas between Jan. 1, 2009, and Oct. 28, 2018, and have set up awebsite to help spread the word about the deal.

While sometimes confused with nannies, au pairs have much less experience and earn a lot less.

The program, overseen by the U.S. State Department, was launched as a cultural exchange program in 1986 as demand for child care grew. At first there were only 3,000 participants as part of a pilot, but last year there were over 20,000. The program occupies a gray area between work and an international relations effort, and critics say that makes it ripe for abuse.

The sponsors said they were just following regulations from the State Department — which last adjusted au pair pay to $195.75 for a 45-hour work week in 2009 after the federal minimum wage rose to $7.25. Their hourly wage has actually been $4.25 though: Families were told to deduct 40 percent of their pay to cover the room and board they’re required to provide the au pairs, a practice challenged by the lawsuit.




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In court filings, the sponsors argued requiring families to pay more in states with higher minimum wages would destroy the program by making au pairs unaffordable, hurting its foreign policy goals.

According to a 2016 report on U.S. child care by the Washington-based think tank New America, the average cost of full-time child care in a daycare center for children up to 4 years old is $9,589 a year for each child, more than the average cost of in-state college tuition. The average cost of full-time care at home with a nanny was $28,353 — 53 percent of the median U.S. household income and nearly three times the annual pay for an au pair.

The practice of having au pairs — French for “on par with” — developed in postwar Europe, where young people lived with families in other countries to learn a language in exchange for helping with childcare and some housework. In Europe, au pairs generally are limited to working 30 hours a week.

Sarah Azuela said the ad she saw her final year of college in Mexico promised coming to the United States to work as an au pair would be the best year of her life, full of travel, meeting new people and becoming part of an American family. But she says what grew into a two-year stay turned out to be the worst time of her life, with her feeling more like a slave subject to the whims of her host families than a member of the household.

At her last placement — working for a single mother in Virginia — Azuela said that in addition to helping care for three children, she cooked all the meals, cleaned, planted flowers and packed the family’s belongings and helped move them twice, first to an interim apartment and then to a permanent home.

Nevertheless, Azuela was grateful her host mother gave her time to study for a business certificate at a university, which led her to extend her stay, and for not yelling or threatening to hit her as a previous host had done.

“I don’t wish anyone to experience anything like this,” Azuela, who is from Hermosillo, Mexico, but now lives in Wisconsin, said about why she joined in the lawsuit.

The settlement comes amid a movement to protect the rights of domestic workers, who were originally excluded from federal labor protections. Eight states have passed domestic worker bills of rights, and Sen. Kamala Harris and Rep. Pramilla Jayapal recently said they plan to introduce a bill to create a national version.

Rocio Avila, the state director of the National Domestic Workers Alliance, which has pushed for the bills of rights, said litigation is another tool to protect domestic workers, along with organizing and raising awareness about how they can be exploited. She said the settlement should help future au pairs earn fair pay and limit the scope of their work because companies will want to avoid risking another lawsuit.

Meanwhile, a related case challenging whether Massachusetts had the right to protect au pairs in its domestic workers’ bill of rights since they are regulated by the federal government is pending in federal appeals court. The State Department said in a court filing in September that federal law requires only that au pairs are paid the federal minimum wage, arguing federal law specifically states when other international guest workers, like camp counselors and teachers, are entitled to make more.

Speaking ahead of the settlement, Alieza Durana, a senior policy analyst at New America who co-wrote the child care report, said she did not think the Denver case would have a big impact on the child care landscape in the United States since a relatively small number of families rely on au pairs and because so much of the child care market is unregulated —both in terms of pay and quality.

However, she said it could hurt families who use au pairs because they need care at odd hours or live far from day care centers.












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