Capron v. Massachusetts Attorney General, No. 17-2140 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed the decision of the district court granting the Attorney General's motion to dismiss Plaintiffs' complaint alleging that the "Au Pair Program" at issue in this case impliedly preempts Massachusetts from requiring host families to comply with its wage and hour laws and ordering Plaintiff's case dismissed, holding that the district court did not err or abuse its discretion.
The United States Department of State (DOS) administers the Au Pair Program, through which foreign nationals may obtain a special visa then provide in-home childcare services to host families in the United States while the foreign nationals pursue post-secondary school studies. Plaintiffs, a DOS-approved private placement agency based on Massachusetts, and two individuals, brought this lawsuit seeking declaratory and injunctive relief and alleging that state law measures are preempted insofar as they protect au pair participants by imposing obligations on their host families as their employer that may be enforced against the host families. The district court found that there was no preemption. The First Circuit affirmed, holding that Plaintiffs did not meet their burden to establish field or conflict preemption.
The court issued a subsequent related opinion or order on December 12, 2019.