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Mass. Judge Axes Wage Suit Against Au Pair Agency
Law360 (July 28, 2021, 6:41 PM EDT) -- A Massachusetts federal judge dismissed child care consultants' proposed class claims that an au pair agency illegally denied them minimum wage, saying the workers, who had provided "inconsistent" testimony, hadn't shown they were underpaid.
The testimony Fernanda Maldonado and Heather Lieber, two former Cultural Care Inc. employees, provided in courtroom depositions hadn't backed up their wage claims. They later challenged the testimony through late-submitted affidavits, but Judge Stearns refused to consider them, saying Tuesday the workers had failed to explain why their testimony changed.
The fact the affidavits were submitted after class discovery ended "suggests that the statements were made solely...