As reported in the New York Law Journal, A FederalJudge will allow a group of Filipino H-1B nurses to continue theirlawsuit against Sentosa Care as a “certified class.”  At issue was whether the nurses had to pursuetheir claims individually or whether they could proceed in one class actionlawsuit.  By allowing the case tocontinue as a class, the lawsuit could lead to greater damage awards againstSentosa Care since it is generally easier for plaintiffs to pursue litigationtogether.  The plaintiff’s lawyer saysthat 200 H-1B nurses could now bring their claims.

The judgelaid out the case in her decision. The substantive issue is whether Sentosa’s pursuit of a damage clause inthe employment contractual clause rises to the standard of violating theTrafficking Victims Protection Act.  Theemployment agreement entitled Sentosa to $25,000 in liquidated damages if thenurses left Sentosa’s employment prior to fulfilling the three-yearcontract. 

The nurses allege two claims:
  1. Because the nurses were not paidthe contractual wage from the time that they began working, the employmentagreements were breached.  Therefore,Sentosa’s pursuit of the $25,000 violates several provisions of the TVPA.
  2. Even if the agreements were notbreached, the $25,000 itself is so far above Sentosa’s actual damages thatpursuit of the $25,000 violates several provisions of the TVPA.  The judge notes that there is some evidencethat Sentosa only spent a few thousand dollars per nurse.

Sentosa’s employment and recruitingpractices have been the subjectof lengthy litigation.  Wewill follow the case and report back as we hear anything.