Adia v. Grandeur Management, Inc., No. 18-2991 (2d Cir. 2019)Annotate this Case
Plaintiff filed suit alleging claims for forced labor and human trafficking in violation of the Trafficking Victims Protection Act (TVPA) and the Alien Tort Statute (ATS), as well as a claim for unpaid overtime under Article 19 of the New York Labor Law. Plaintiff, a Filipino citizen, lawfully entered the United States as a temporary guest worker. Defendants are Grandeur, a provider of hotel and resort services, and the manager of Grandeur.
The Second Circuit vacated the district court's dismissal of plaintiff's TVPA claims for forced labor and human trafficking. The court held that plaintiff has plausibly stated violations of the TVPA where the complaint alleged that the employers recruited plaintiff to work for them, told him to rely on them, represented that they were ensuring that he could remain lawfully in this country, and warned him that they would cancel their sponsorship if he left them or gave them any trouble.