Case of the Day: Paguirigan v. Prompt Nursing Empl. Agency LLC, 2018 U.S. Dist. LEXIS 156331 (E.D.N.Y. Sept. 12, 2018)

Summary:

Plaintiffs are a group of Filipino nurses who sought to certify a class against the defendant recruiting companies for a claim pursuant to the Trafficking Victims Protection Act, 18 U.S.C. s. 1589 et seq. and a breach of contract. The plaintiffs claimed that the defendant breached the contract to pay prevailing wage, and abused the legal process such that they would be forced to continue working for the same employer for the low wage.

The court certified the class, finding that the plaintiffs established a claim under TVPA forced labor provisions.

Takeaway:

Always fascinating to see a statute marshaled to protect a claim that the statute probably did not contemplate at the time of its drafting. Here, TVPA is used for a fairly straightforward labor dispute rather than kidnapping victims.