No. ______ In the Supreme Court of the United States ________________ ERIN CAPRON; JEFFREY PENEDO; CULTURAL CARE, INC., d/b/a CULTURAL CARE AU PAIR, Petitioners, 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, Respondents. ________________ On Petition for Writ of Certiorari to the United States Court of Appeals for the First Circuit ________________ PETITION FOR WRIT OF CERTIORARI ________________ PAUL D. CLEMENT Counsel of Record ERIN E. MURPHY C. HARKER RHODES IV KIRKLAND & ELLIS LLP 1301 Pennsylvania Ave., NW Washington, DC 20004 (202) 389-5000
[email protected] Counsel for Petitioners February 14, 2020 QUESTION PRESENTED The federal au pair program is a 30-year-old international cultural exchange program, authorized by Congress and administered by the State Department, that invites young foreigners to visit the United States as au pairs. Participants receive room, board, and a weekly stipend from their host families, as well as subsidized tuition to take classes at an American college or university. In exchange, they provide their host families with limited child-care services. Detailed federal regulations govern all aspects of the au pair/host family relationship, including the maximum number of hours au pairs may work and the minimum stipend host families must pay. In 2015, Massachusetts announced that it intended to begin applying its own state labor laws to the au pair program. Petitioners, two host parents and one of the private sponsoring agencies that help operate the program, brought suit challenging those laws as preempted by federal law.