United States Court of Appeals For the First Circuit No. 17-2140 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. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Indira Talwani, U.S. District Judge] Before Torruella, Lynch, and Barron, Circuit Judges. Joan A. Lukey, with whom Justin J. Wolosz and Choate Hall & Stewart LLP were on brief, for appellants. Ryan P. McManus, Donna A. Mizrahi, and Hemenway & Barnes LLP 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, 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. December 2, 2019 BARRON, Circuit Judge. 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 to as the "Au Pair Program." Through it, foreign nationals may obtain a special type of visa and then be placed with host families in the United States, so that the foreign nationals may provide in-home childcare services to the host families while they also pursue their post-secondary school studies. The issue that we must resolve in this appeal arises in connection with a lawsuit that was filed on August 31, 2016 in the United States District Court for the District of Massachusetts against the Attorney General of Massachusetts ("Attorney General"). The plaintiffs are Cultural Care, a DOS-approved private placement agency based in Massachusetts, as well as Erin Capron and Jeffrey Penedo, who each reside in Massachusetts and with whose families Cultural Care has in the past placed foreign national visa holders through the Au Pair Program. The plaintiffs contend that the Au Pair Program impliedly preempts Massachusetts from requiring host families to comply with its wage and hour laws as employers of the ...
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